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

                                  4519

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2013
                               ___________

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

AN  ACT  to  amend  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,
  in relation to providing a four percent across the board  increase  to
  funding allocated to school districts in New York state

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

  Section 1.  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, is amended to read as follows:
  Section 1. Notwithstanding any inconsistent provision of law, [no] ALL
school  [district]  DISTRICTS  shall be eligible for an apportionment of
general support for public schools from the funds appropriated  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  of education 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 compa-
rable 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 eval-
uation;  (iii)  subjective  measures  of  effectiveness  that  have been
approved by the commissioner with the majority of such points  based  on

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03365-01-3
              

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multiple observations by an administrator or principal with at least one
unannounced  observation  which  shall comprise 60 percent of the evalu-
ation; 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 implemented new standards and
procedures as set forth above that has been approved by the commissioner
of education by January 17, 2013, the  total  amount  of  such  payments
shall be deducted by the commissioner from future payments to the school
district;  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;  provided
further  that  notwithstanding  any inconsistent provision of law to the
contrary such documentation shall include a plan adopted by the  govern-
ing  board  of  the  school  district for conducting annual professional
performance reviews of classroom 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  conducting  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 measures of effectiveness that have
been approved by the commissioner with the majority of such points based
on multiple observations by an administrator or principal with at  least
one unannounced observation which shall comprise 60 percent of the eval-
uation;  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 annual profes-
sional 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,  and  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 of general
support for public schools from the funds appropriated for  the  2012-13
school  year  in  excess of the amount appropriated 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  expeditious
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 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,  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

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expeditious  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 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, the total amount of such  payments  shall  be
deducted  by  the  commissioner  from  future  payments  to  the  school
district; 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].
  S 2. Allocated aid provided pursuant to 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, shall be distributed equally amongst all school districts
without regard to any formula established for the distribution of school
aid under the education law.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and effect on the same date and in the same
manner as section 1 of part A of chapter 57 of the laws  of  2012,  took
effect.