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

                                  8354

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation  to  annual  professional
  performance review agreements

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

  Section 1. Paragraph k of subdivision  2  of  section  3012-c  of  the
education law, as added by chapter 21 of the laws of 2012, is amended to
read as follows:
  k.  Notwithstanding  any other provision of law, rule or regulation to
the contrary, by July first, two thousand twelve, the governing body  of
each school district and board of cooperative educational services shall
adopt  a  plan, on a form prescribed by the commissioner, for the annual
professional performance review of all of  its  classroom  teachers  and
building  principals in accordance with the requirements of this section
and the regulations of the commissioner, and shall submit such  plan  to
the  commissioner  for approval. The plan may be an annual or multi-year
plan, for the annual professional  performance  review  of  all  of  its
classroom  teachers  and  building  principals.  The  commissioner shall
approve or reject the plan by September first, two thousand  twelve,  or
as  soon  as  practicable thereafter. The commissioner may reject a plan
that does not rigorously adhere to the provisions of  this  section  and
the  regulations  of  the commissioner. Should any plan be rejected, the
commissioner shall describe each deficiency in the  submitted  plan  and
direct that each such deficiency be resolved through collective bargain-
ing  to  the extent required under article fourteen of the civil service
law. If any material changes are made to the plan, the  school  district
or  board  of  cooperative educational services must submit the material
changes, on a form prescribed by the commissioner, to  the  commissioner
for  approval.    IF MATERIAL CHANGES ARE SUBMITTED FOR AN APPROVED PLAN
THAT SOLELY RELATE TO THE ELIMINATION  OF  UNNECESSARY  STUDENT  ASSESS-
MENTS, THE COMMISSIONER SHALL EXPEDITE HIS OR HER REVIEW OF SUCH MATERI-
AL  CHANGES  AND SOLELY REVIEW THOSE SECTIONS OF THE PLAN THAT RELATE TO
THE ELIMINATED  STUDENT  ASSESSMENTS  TO  ENSURE  COMPLIANCE  WITH  THIS

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

A                                                          LBD13260-01-3

A. 8354                             2

SECTION  AND  THE  REGULATIONS  OF  THE  COMMISSIONER, PROVIDED THAT THE
GOVERNING BODY OF SUCH SCHOOL DISTRICT OR BOARD  OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES  PROVIDE  A WRITTEN EXPLANATION OF THE MATERIAL CHANGES
SUBMITTED  FOR  APPROVAL,  ON A FORM PRESCRIBED BY THE COMMISSIONER, AND
CERTIFY THAT NO OTHER MATERIAL CHANGES  HAVE  BEEN  MADE  TO  ANY  OTHER
SECTIONS  OF  THE  CURRENTLY  APPROVED  PLAN. To the extent that by July
first, two thousand twelve, or by July first of any subsequent year,  if
all  the  terms of the plan have not been finalized as a result of unre-
solved collective bargaining negotiations,  the  entire  plan  shall  be
submitted  to  the  commissioner  upon  resolution  of all of its terms,
consistent with article fourteen of the civil service law.
  S 2. This act shall take effect immediately.