S T A T E O F N E W Y O R K
________________________________________________________________________
6008
2013-2014 Regular Sessions
I N S E N A T E
December 11, 2013
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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 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 SHALL REJECT ANY
ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLANS THAT PROVIDE FOR THE ADMIN-
ISTRATION OF STANDARDIZED STATE ASSESSMENTS, OR VENDOR OR THIRD PARTY
DEVELOPED ASSESSMENTS OR OTHER COMPARABLE STANDARDIZED ASSESSMENTS TO
STUDENTS IN GRADES KINDERGARTEN THROUGH SECOND GRADE THAT ARE NOT BEING
USED FOR DIAGNOSTIC PURPOSES OR ARE OTHERWISE REQUIRED TO BE ADMINIS-
TERED BY FEDERAL LAW. The commissioner may ALSO reject a plan that does
not rigorously adhere to the provisions of this section and the regu-
lations of the commissioner. Should any plan be rejected, the commis-
sioner shall describe each deficiency in the submitted plan and direct
that each such deficiency be resolved through collective bargaining to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13255-01-3
S. 6008 2
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.
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 unresolved 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. Subdivision 2 of section 3012-c of the education law is amended
by adding a new paragraph k-1 to read as follows:
K-1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE
CONTRARY, NO ANNUAL PROFESSIONAL PERFORMANCE PLAN UNDER THIS SECTION
SHALL PROVIDE FOR THE ADMINISTRATION OF STANDARDIZED STATE ASSESSMENTS
OR THIRD PARTY ASSESSMENTS, TO STUDENTS IN KINDERGARTEN THROUGH GRADE
TWO THAT ARE NOT BEING USED FOR DIAGNOSTIC PURPOSES OR ARE REQUIRED TO
BE ADMINISTERED BY FEDERAL LAW; EXCEPT THAT NOTHING IN THIS SUBDIVISION
SHALL PRECLUDE THE USE OF SCHOOL-WIDE MEASURES USING EITHER STATE
ASSESSMENTS OR DEPARTMENT APPROVED ASSESSMENTS THAT ARE ADMINISTERED TO
STUDENTS IN HIGHER GRADES IN THE SCHOOL, IF OTHERWISE ALLOWED UNDER THIS
SECTION OR THE REGULATIONS OF THE COMMISSIONER. FOR PURPOSES OF THIS
SECTION, THE ONLY ALLOWABLE ASSESSMENTS TO BE ADMINISTERED TO STUDENTS
IN KINDERGARTEN THROUGH GRADE TWO SHALL BE LOCALLY DEVELOPED ASSESSMENTS
OR ASSESSMENTS USED FOR DIAGNOSTIC PURPOSES OR THAT ARE OTHERWISE
REQUIRED TO BE ADMINISTERED BY FEDERAL LAW. FOR PURPOSES OF THIS
SECTION, "LOCALLY DEVELOPED ASSESSMENTS" SHALL MEAN DISTRICT, BOCES OR
REGIONALLY DEVELOPED ASSESSMENTS THAT ARE RIGOROUS AND COMPARABLE ACROSS
CLASSROOMS AND MAY INCLUDE LOCALLY DEVELOPED PERFORMANCE ASSESSMENTS.
LOCALLY DEVELOPED ASSESSMENTS SHALL NOT INCLUDE ASSESSMENTS DEVELOPED BY
ANY VENDOR, THIRD PARTY OR OTHER COMPARABLE ENTITY.
S 3. Subdivision 15 of section 3602-e of the education law, as amended
by section 19 of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
15. The commissioner shall also provide for a system for evaluation
and assessment of the prekindergarten programs which have been imple-
mented to determine the short and long-term success, outcomes and
effects of the programs based on relevant and measurable performance
standards. THE COMMISSIONER SHALL PROHIBIT THE ADMINISTRATION OF STATE
DEVELOPED STANDARDIZED STUDENT ASSESSMENTS IN PREKINDERGARTEN PROGRAMS
AND PREKINDERGARTEN PROGRAMS SHALL NOT ADMINISTER ANY VENDOR OR THIRD
PARTY DEVELOPED STANDARDIZED STUDENT ASSESSMENTS, OR OTHER COMPARABLE
STANDARDIZED STUDENT ASSESSMENTS TO STUDENTS ENROLLED IN PREKINDERGARTEN
THAT ARE NOT BEING USED FOR A DIAGNOSTIC PURPOSE.
S 4. The opening paragraph of subparagraph 2 of paragraph f of subdi-
vision 2 of section 3012-c of the education law, as amended by chapter
21 of the laws of 2012, is amended to read as follows:
One or more of the following types of locally selected measures of
student achievement or growth may be used for the evaluation of class-
room teachers, PROVIDED THAT NO SUCH MEASURES SHALL INCLUDE SCORES FROM
STUDENTS IN KINDERGARTEN THROUGH SECOND GRADE ON STATE ASSESSMENTS OR
OTHER DEPARTMENT APPROVED STANDARDIZED STUDENT ASSESSMENTS, EXCEPT
SCORES ON LOCALLY DEVELOPED ASSESSMENTS AS DEFINED IN PARAGRAPH K-1 OF
THIS SECTION:
S. 6008 3
S 5. The opening paragraph of subparagraph 2 of paragraph g of subdi-
vision 2 of section 3012-c of the education law, as amended by chapter
21 of the laws of 2012, is amended to read as follows:
One or more of the following types of locally selected measures of
student achievement or growth may be used for the evaluation of class-
room teachers, PROVIDED THAT NO SUCH MEASURES SHALL INCLUDE SCORES FROM
STUDENTS IN KINDERGARTEN THROUGH SECOND GRADE ON STATE ASSESSMENTS OR
OTHER STANDARDIZED STUDENT ASSESSMENTS, EXCEPT SCORES ON LOCALLY DEVEL-
OPED ASSESSMENTS AS DEFINED IN PARAGRAPH K-1 OF THIS SECTION:
S 6. This act shall take effect immediately; provided that the commis-
sioner of education is authorized to promulgate any and all rules and
regulations and take any other measures necessary to implement this act
on its effective date; and provided further that the provisions of this
act shall not apply to any annual professional performance review agree-
ment entered into pursuant to a collective bargaining agreement prior to
the effective date of this act, which shall remain in effect in accord-
ance with paragraph 1 of section three thousand twelve-c of the educa-
tion law until a subsequent plan is agreed to by the parties and
approved by the commissioner in accordance with section three thousand
twelve-c of the education law.