S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5444

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2013
                               ___________

Introduced  by M. of A. BRENNAN, MAISEL, STECK, MILLMAN, JAFFEE, COLTON,
  COOK -- Multi-Sponsored by -- M. of A.  GIBSON,  GLICK,  GOTTFRIED  --
  read once and referred to the Committee on Ways and Means

AN  ACT  to  amend  chapter  53  of the laws of 2012 enacting the aid to
  localities budget, in relation 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; and to repeal section 1
  of  part  A  of  chapter  57  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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. That part of section 1 of chapter 53 of the  laws  of  2012
enacting  the  aid to localities budget, entitled "education department"
is amended by repealing the items hereinbelow set forth in brackets  and
by adding thereto the items hereinbelow set forth in italics as follows:
OFFICE  OF  PREKINDERGARTEN THROUGH GRADE TWELVE EDUCATION
  PROGRAM ............................................... 46,592,431,000
                                                          --------------

  General Fund
  Local Assistance Account

Notwithstanding any  inconsistent  provision
  of  law,  for  general  support for public
  schools, for the 2012-13 and 2013-14 state
  fiscal years provided, however,  that  not
  more  than  40.21294771  percent  of  this
  appropriation  shall  be   available   for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08477-01-3
              

A. 5444                             2

  remaining  payments  for the 2012-13 state
  fiscal year payments for  general  support
  for  public schools for the 2012-13 school
  year, nor more than 18.04144294 percent of
  this  appropriation shall be available for
  remaining payments for the 2012-13  school
  year  payable  in the 2013-14 state fiscal
  year and provided  further  that  notwith-
  standing  any  inconsistent  provision  of
  law, the remaining amounts  available  for
  the  2013-14  school  year shall be appor-
  tioned to school districts pursuant to the
  education law and subject to  the  limita-
  tions  of this appropriation including the
  gap elimination adjustment as provided for
  herein.
[Provided however that, notwithstanding  any
  inconsistent  provision  of law, no school
  district shall be eligible for  an  appor-
  tionment from the funds appropriated here-
  in  for  the 2012-13 school year 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 by January
  17, 2013 demonstrating that it  has  fully
  implemented  new  standards and procedures
  for   conducting    annual    professional
  performance  reviews of classroom teachers
  and  building  principals   to   determine
  teacher    and   principal   effectiveness
  including 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 meas-
  ures  of  effectiveness  that  have   been
  approved  by  the  commissioner  with  the
  majority of such points based on  multiple
  observations  by an administrator or prin-
  cipal with at least one unannounced obser-
  vation which shall comprise 60 percent  of
  the  evaluation; 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

A. 5444                             3

  implemented  new  standards and procedures
  as set forth above that has been  approved
  by  the  commissioner by January 17, 2013,
  the total amount of such payments shall be
  deducted  by  the commissioner from future
  payments to the school district from funds
  appropriated herein; 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 with-
  held 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 in the 2013-14 state fiscal
  year.
Provided further  that  notwithstanding  any
  inconsistent   provision  of  law  to  the
  contrary such documentation shall  include
  a  plan  adopted by the governing board of
  the school district for conducting  annual
  professional performance reviews of class-
  room 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 conduct-
  ing   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 meas-
  ures  of  effectiveness  that  have   been
  approved  by  the  commissioner  with  the
  majority of such points based on  multiple
  observations  by an administrator or prin-
  cipal with at least one unannounced obser-
  vation which shall comprise 60 percent  of
  the  evaluation; 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
  amending the education law relating to the
  annual professional performance review  of
  classroom teachers and building principals
  and  the teacher evaluation appeal process
  in the city of New York;  as  proposed  in
  legislative   bill   numbers   S.6732  and
  A.9554.

A. 5444                             4

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
  from the funds appropriated herein for the
  2012-13  school  year  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  by  January  17,  2013
  demonstrating that it has adopted an expe-
  ditious 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 amending the
  education  law  relating  to  the   annual
  professional  performance review of class-
  room teachers and building principals  and
  the  teacher  evaluation appeal process in
  the city  of  New  York,  as  proposed  in
  legislative bill numbers S.6732 and A.9554
  and  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  has   been
  approved  by  the  commissioner by January
  17, 2013 that  it  has  adopted  an  expe-
  ditious  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  amending  the
  education   law  relating  to  the  annual
  professional performance review of  class-
  room  teachers and building principals and
  the teacher evaluation appeal  process  in
  the  city  of  New  York,  as  proposed in
  legislative  bill   numbers   S.6732   and
  A.9554,  the total amount of such payments
  shall be deducted by the commissioner from
  future payments  to  the  school  district
  from   funds   appropriated   herein;  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
  in the 2013-14 state fiscal year.]

A. 5444                             5

  S 2. Section 1 of part A of chapter 57 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  profes-
sional performance reviews to determine teacher and principal effective-
ness, is REPEALED.
  S 3. This act shall take effect immediately.