S T A T E O F N E W Y O R K
________________________________________________________________________
6824
I N S E N A T E
March 26, 2012
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend a chapter of the laws of 2012, relating to school
district eligibility for an increase in apportionment of school aid
and implementation of new standards for conducting annual professional
performance reviews to determine teacher and principal effectiveness,
as proposed in legislative bill numbers S.6257-B and A.9057-B, in
relation to providing a four percent across the board increase to
funding allocated to school districts in New York state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of part A of a chapter of the laws of 2012,
relating to school district eligibility for an increase in apportionment
of school aid and implementation of new standards for conducting annual
professional performance reviews to determine teacher and principal
effectiveness, as proposed in legislative bill numbers S.6257-B and
A.9057-B, is amended to read as follows:
Section 1. Notwithstanding any inconsistent provision of law, [no] ALL
school [district] DISTRICTS shall be eligible for an apportionment of
general support for public schools from the funds appropriated for the
2012-13 school year and thereafter in excess of the amount apportioned
to such district for the same time period during the base year [unless
such school district has submitted documentation that has been approved
by the commissioner of education by January 17, 2013 demonstrating that
it has fully implemented new standards and procedures for conducting
annual professional performance reviews of classroom teachers and build-
ing principals to determine teacher and principal effectiveness includ-
ing but not limited to providing for (i) state assessments and other
comparable measures which shall comprise twenty or twenty-five percent
of the evaluation; (ii) locally selected measures of the student
achievement subcomponent which shall comprise twenty or fifteen percent
of the evaluation; (iii) subjective measures of effectiveness that have
been approved by the commissioner with the majority of such points based
on multiple observations by an administrator or principal with at least
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14939-02-2
S. 6824 2
one unannounced observation which shall comprise 60 percent of the eval-
uation; and (iv) a scoring rubric which ensures that it is possible to
receive any one of four ratings limited to highly effective, effective,
developing and ineffective; provided however that if any such payments
in excess of the amount apportioned to such district for the same time
period during the base year were made, and the school district has not
submitted documentation that it has fully implemented new standards and
procedures as set forth above that has been approved by the commissioner
of education by January 17, 2013, the total amount of such payments
shall be deducted by the commissioner from future payments to the school
district; provided further that, for the 2012-13 school year if such
deduction is greater than the sum of the amounts available for such
deductions, the remainder of the deduction shall be withheld from
payments scheduled to be made to the school district pursuant to section
3609-a of the education law for the 2013-14 school year; provided
further that notwithstanding any inconsistent provision of law to the
contrary such documentation shall include a plan adopted by the govern-
ing board of the school district for conducting annual professional
performance reviews of classroom teachers and building principals that
has been approved by the commissioner, and in order to be approvable
such plan shall conform with the requirements for conducting annual
professional performance reviews of classroom teachers and building
principals, including but not limited to (i) state assessments and other
comparable measures which shall comprise twenty or twenty-five percent
of the evaluation; (ii) locally selected measures of the student
achievement subcomponent which shall comprise twenty or fifteen percent
of the evaluation; (iii) subjective measures of effectiveness that have
been approved by the commissioner with the majority of such points based
on multiple observations by an administrator or principal with at least
one unannounced observation which shall comprise 60 percent of the eval-
uation; and (iv) a scoring rubric which ensures that it is possible to
receive any one of four ratings limited to highly effective, effective,
developing and ineffective; consistent with and conforms to a chapter of
the laws of 2012 enacted as legislation submitted by the governor pursu-
ant to Article VII of the New York constitution; and provided further
that for a school district in a city with a population of one million or
more, notwithstanding any inconsistent provision of law, no such school
district shall be eligible for an apportionment of general support for
public schools from the funds appropriated for the 2012-13 school year
and thereafter in excess of the amount appropriated to such district for
the same time period during the base year unless such school district
has submitted documentation that has been approved by the commissioner
by January 17, 2013 demonstrating that it has adopted an expeditious
appeals process pertaining to the annual professional performance review
of classroom teachers and building principals that is consistent with
and conforms to a chapter of the laws of 2012 enacted as legislation
submitted by the governor pursuant to Article VII of the New York
constitution and if any such payments in excess of the amount appor-
tioned to such district for the same time period during the base year
were made, and the school district has not submitted documentation that
has been approved by the commissioner by January 17, 2013 that it has
adopted an expeditious appeals process pertaining to the annual profes-
sional performance review of classroom teachers and building principals
that is consistent with and conforms to a chapter of the laws of 2012
enacted as legislation submitted by the governor pursuant to Article VII
of the New York constitution, the total amount of such payments shall be
S. 6824 3
deducted by the commissioner from future payments to the school
district; and provided further that, for the 2012-13 school year if such
deduction is greater than the sum of the amounts available for such
deductions, the remainder of the deduction shall be withheld from
payments scheduled to be made to the school district pursuant to section
3609-a of the education law for the 2013-14 school year].
S 2. Allocated aid provided pursuant to a chapter of the laws of 2012
relating to school district eligibility for an increase in apportionment
of school aid and implementation of new standards for conducting annual
professional performance reviews to determine teacher and principal
effectiveness, as proposed in legislative bill numbers S.6257-B and
A.9057-B, shall be distributed equally amongst all school districts
without regard to any formula established for the distribution of school
aid under the education law.
S 3. This act shall take effect immediately, provided, however, that
the amendments made by section one of this act shall take effect on the
same date and in the same manner as section one of part A of a chapter
of the laws of 2012 relating to school district eligibility for an
increase in apportionment of school aid and implementation of new stand-
ards for conducting annual professional performance reviews to determine
teacher and principal effectiveness, as proposed in legislative bill
numbers S.6257-B and A.9057-B, takes effect.