S T A T E O F N E W Y O R K
________________________________________________________________________
7921
I N S E N A T E
June 19, 2014
___________
Introduced by Sen. FLANAGAN -- (at request of the Governor) -- read
twice and ordered printed, and when printed to be committed to the
Committee on Rules
AN ACT relating to temporary provisions for the implementation of common
core learning standards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Temporary provisions relating to the implementation of
common core learning standards. 1. Applicability. Notwithstanding any
other provision of law, rule or regulation to the contrary, in the case
of any classroom teacher or building principal who received an overall
composite rating of ineffective or developing in an annual professional
performance review calculated pursuant to section 3012-c of the educa-
tion law for the 2013-14 and/or 2014-15 school years, if the state
assessments and other comparable measures subcomponent score and/or the
locally selected measures of student achievement subcomponent of such
rating was based on a state assessment aligned with the common core, the
calculation pursuant to subdivision two of this section shall be used
for the purposes of subdivision three of this section. For purposes of
this section, a state assessment aligned with the common core shall mean
a state administered standardized English language arts and/or math
assessment in grades 3 through 8 that is aligned to the common core
learning standards adopted by the board of regents. Provided, however,
that nothing contained in this act shall impair or abridge any rights
and privileges of any party pursuant to section 3012-c of the education
law, except as specifically provided herein.
2. Calculations. a. The calculation pursuant to this subdivision shall
be based upon the classroom teacher's or building principal's scores on
the applicable approved or determined annual professional performance
review plan for the school district or board of cooperative educational
services.
b. Except as provided in paragraphs c and d of this subdivision, the
calculation shall consist of:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12116-05-4
S. 7921 2
(1) scaling up the numerator and the denominator of the locally
selected measures of student achievement subcomponent such that the
denominator is equal to 40 points; and
(2) adding the result to the classroom teacher's or building princi-
pal's score on the other measures of teacher or principal effectiveness
subcomponent to generate an overall composite calculation out of 100
points.
c. If the locally selected measures of student achievement subcompo-
nent relies in whole or in part on a state assessment aligned with the
common core, the following provisions shall apply:
(1) If the state assessment aligned with the common core is used in
such subcomponent among multiple measures including measures other than
state assessments aligned with the common core, the calculation shall
consist of:
(i) excluding the portion of such subcomponent score that relies on
state assessments aligned with the common core from both the numerator
and denominator of the ratio of the teacher's or principal's score on
the locally selected measures of student achievement subcomponent;
(ii) scaling up the resulting ratio such that the denominator is equal
to 40 points; and
(iii) adding the result to the classroom teacher's or building princi-
pal's score on the other measures of teacher or principal effectiveness
subcomponent to generate an overall composite calculation out of 100
points.
(2) If state assessments aligned with the common core constitute the
sole measure of the locally selected measures of student achievement
subcomponent, the calculation shall consist of scaling up the numerator
and denominator of the ratio of the teacher's or principal's score on
the other measures of teacher or principal effectiveness subcomponent
out of 60 points such that the denominator is equal to 100 points and an
overall composite calculation is generated.
d. Notwithstanding the foregoing, in the case of a classroom teacher
or building principal (i) whose locally selected measures of student
achievement subcomponent is based in whole or in part on a state assess-
ment aligned with the common core, and (ii) whose state assessments and
other comparable measures subcomponent is not based, in any part, on a
state assessment aligned with the common core, the calculation shall
consist of:
(1) If the state assessment aligned with the common core is used in
the locally selected measures of student achievement subcomponent among
multiple measures including measures other than state assessments
aligned with the common core, the calculation shall consist of:
(i) Excluding the portion of such subcomponent score that relies on
state assessments aligned with the common core from both the numerator
and denominator of the ratio of the teacher's or principal's score on
the locally selected measures of student achievement subcomponent;
(ii) Scaling up the resulting ratio such that the denominator is equal
to 20 points, or 15 points if a value-added model is in effect; and
(iii) Adding the result to the classroom teacher's or building princi-
pal's score on the state assessments and other comparable measures
subcomponent and the other measures of teacher or principal effective-
ness subcomponent to generate an overall composite calculation out of
100 points.
(2) If state assessments aligned with the common core constitute the
sole measure of the locally selected measures of student achievement
subcomponent, the calculation shall consist of:
S. 7921 3
(i) Scaling up the numerator and the denominator of the state assess-
ments and other comparable measures subcomponent such that the denomina-
tor is equal to 40 points; and
(ii) Adding the result to the classroom teacher's or building princi-
pal's score on the other measures of teacher or principal effectiveness
subcomponent to generate an overall composite calculation out of 100
points.
3. Use. Notwithstanding any other provision of law, rule or regulation
to the contrary, if a calculation made pursuant to subdivision 2 of this
section would, compared to the rating pursuant to section 3012-c of the
education law and the rules of the board of regents, have resulted in a
higher rating for a teacher or principal rated developing or ineffec-
tive:
a. The rating of ineffective or developing calculated pursuant to
section 3012-c of the education law and the rules of the board of
regents shall not apply for the following employment related decisions:
(1) a termination pursuant to sections 2509, 2573, 3012, 3014, 3020,
3020-a, or 3031 of the education law;
(2) a granting or denial of tenure pursuant to section 2509, 2573,
3012, 3014 or 3031 of the education law;
(3) expedited hearings pursuant to section 3020-a of the education
law; and
(4) decisions related to retention.
The rating of ineffective or developing calculated pursuant to section
3012-c of the education law and the rules of the board of regents shall
not apply and the designation calculated pursuant to subdivision 2 of
this section shall be used for the requirement for teacher or principal
improvement plans pursuant to section 3012-c of the education law.
Provided, however, that nothing in this section shall be construed to
prevent the use for the purposes listed above of the observations, local
assessments or other measures of the performance of the teacher or prin-
cipal, other than their rating or a state assessment aligned with the
common core, whether or not they were included in an annual professional
performance review.
b. On individual employment records, except as provided under para-
graph a of this subdivision, and for purposes of disclosure to parents
pursuant to paragraph b of subdivision 10 of section 3012-c of the
education law, the rating pursuant to section 3012-c of the education
law shall be reported with (i) the designation calculated pursuant to
subdivision 2 of this section and (ii) an explanation of such additional
designation.
S 2. This act shall take effect immediately, provided that it shall
first apply to employment decisions detailed in this act based on annual
professional performance review ratings received by classroom teachers
and building principals for the 2013-14 and 2014-15 school years.
