S T A T E O F N E W Y O R K
________________________________________________________________________
10112
I N A S S E M B L Y
June 14, 2014
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Introduced by COMMITTEE ON RULES -- (at request of 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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3012-c of the education law is amended by adding a
new subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE
CONTRARY, FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN AND TWO
THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEARS, A CLASSROOM TEACH-
ER'S OR BUILDING PRINCIPAL'S (I) STATE ASSESSMENTS AND OTHER COMPARABLE
MEASURES SUBCOMPONENT SCORE OR (II) LOCALLY SELECTED MEASURES OF STUDENT
ACHIEVEMENT SUBCOMPONENT SCORE SHALL NOT BE CONSIDERED WHEN CALCULATING
SUCH TEACHER'S OR PRINCIPAL'S COMPOSITE EFFECTIVENESS SCORE IF SUCH
SUBCOMPONENT SCORE OR SCORES WERE BASED IN WHOLE OR IN PART ON A STATE
ADMINISTERED STANDARDIZED ENGLISH LANGUAGE ARTS AND/OR MATH ASSESSMENTS
ALIGNED TO THE COMMON CORE LEARNING STANDARDS ADOPTED BY THE BOARD OF
REGENTS; PROVIDED THAT IN SUCH CASES, THE COMPOSITE EFFECTIVENESS SCORE
OF SUCH TEACHER OR PRINCIPAL SHALL BE CALCULATED BY DIVIDING SUCH TEACH-
ER'S OR PRINCIPAL'S SUBCOMPONENT SCORE OR SCORES THAT ARE NOT EXCLUDED
BY THIS SUBDIVISION BY THE MAXIMUM NUMBER OF ALLOWABLE POINTS CONSISTENT
WITH THIS SUBDIVISION AND MULTIPLYING SUCH FIGURE BY ONE HUNDRED.
S 2. The commissioner of education is hereby authorized and directed
to apply for and obtain any federal approvals or waivers he or she deems
necessary including, but not limited to, waivers to the Elementary and
Secondary Education Act of 1965, as amended by the No Child Left Behind
Act of 2001.
S 3. The commissioner of education is authorized to and shall promul-
gate any and all rules and regulations and take any other measures
necessary to implement the provisions of this act.
S 4. This act shall take effect immediately, provided that if this act
shall have become a law after June 30, 2014 it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15580-02-4
A. 10112 2
after June 30, 2014; and provided further that section one of this act
shall expire and be deemed repealed if any necessary federal approvals
or waivers relating to section one and section two of this act have been
denied provided that the commissioner of education shall notify the
legislative bill drafting commission upon such occurrence in order that
the commission may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law.