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Assembly Bill A5079A

2013-2014 Legislative Session

Provides that annual professional performance shall not be utilized for employment decisions until the 2015-2016 school year

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A5079 - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §3012-c, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A10451

2013-A5079 - Summary

Provides that annual professional performance shall not be utilized for employment decisions until the 2015-2016 school year.

2013-A5079 - Bill Text download pdf 

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

                                  5079

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced by M. of A. BRENNAN, MAISEL, GLICK, ROSENTHAL, JACOBS, CRESPO
  --  Multi-Sponsored  by -- M. of A. ARROYO, TITONE, WEISENBERG -- read
  once and referred to the Committee on Education

AN ACT to amend the education law, in  relation  to  confidentiality  of
  personnel  records  of  classroom teachers and building principals and
  providing that annual performance reviews shall not  be  utilized  for
  employment  decisions  until  the two thousand sixteen -- two thousand
  seventeen school year

  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
two new subdivisions 11 and 12 to read as follows:
  11. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE PERSON-
NEL RECORDS OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL, INCLUDING  BUT
NOT  LIMITED  TO  THE  ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED
PURSUANT TO THIS SECTION, COMPOSITE EFFECTIVENESS SCORES AND  ALL  INDI-
VIDUAL  SUBCOMPONENTS,  AND  THE QUALITY RATING CATEGORY SHALL BE DEEMED
CONFIDENTIAL AND SHALL NOT BE DISCLOSED, RELEASED OR  SHOWN  TO  ANYONE,
EXCEPT:
  A. WITH THE  WRITTEN CONSENT OF THE SUBJECT TEACHER OR PRINCIPAL;
  B.  TO  THE  BOARD  OF  EDUCATION  OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES THAT EMPLOYS THE  TEACHER  OR  PRINCIPAL  AND  THE  APPROPRIATE
ADMINISTRATORS DESIGNATED BY SUCH BOARD;
  C.  TO  THE CHIEF LEGAL OFFICER OF SUCH BOARD OF EDUCATION OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES; OR
  D. PURSUANT TO A SUBPOENA OR COURT ORDER.
  12. A. THE ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED  PURSUANT
TO  THIS SECTION SHALL NOT BE USED FOR ANY EMPLOYMENT DECISIONS, INCLUD-
ING BUT NOT LIMITED  TO,  PROMOTION,  RETENTION,  TENURE  DETERMINATION,
TERMINATION AND SUPPLEMENTAL COMPENSATION UNTIL THE TWO THOUSAND SIXTEEN
-- TWO THOUSAND SEVENTEEN SCHOOL YEAR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08217-01-3

co-Sponsors

multi-Sponsors

2013-A5079A (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §3012-c, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A10451

2013-A5079A (ACTIVE) - Summary

Provides that annual professional performance shall not be utilized for employment decisions until the 2015-2016 school year.

2013-A5079A (ACTIVE) - Bill Text download pdf 

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

                                 5079--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. BRENNAN, MAISEL, GLICK, ROSENTHAL, JACOBS, CRES-
  PO, SCHIMEL, RUSSELL, JAFFEE, MOSLEY, ABINANTI --  Multi-Sponsored  by
  --  M.  of A.   ARROYO, CLARK, RA, TITONE, WEISENBERG -- read once and
  referred to the Committee on Education -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, in relation to providing that  annual
  performance  reviews  shall  not  be utilized for employment decisions
  until the two thousand fifteen -- two thousand sixteen school year

  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 11 to read as follows:
  11. A. THE ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED  PURSUANT
TO  THIS SECTION SHALL NOT BE USED FOR ANY EMPLOYMENT DECISIONS, INCLUD-
ING BUT NOT LIMITED  TO,  PROMOTION,  RETENTION,  TENURE  DETERMINATION,
TERMINATION AND SUPPLEMENTAL COMPENSATION UNTIL THE TWO THOUSAND FIFTEEN
-- TWO THOUSAND SIXTEEN SCHOOL YEAR.
  B.  THE  COMMISSIONER  SHALL  ISSUE  A  COMPETITIVE BID OR REQUEST FOR
PROPOSAL FOR THE PURPOSE OF CONDUCTING AN INDEPENDENT EVALUATION OF  THE
PERFORMANCE  REVIEWS  PERFORMED FOR THE TWO THOUSAND TWELVE -- TWO THOU-
SAND THIRTEEN AND THE TWO THOUSAND THIRTEEN  --  TWO  THOUSAND  FOURTEEN
SCHOOL YEARS TO DETERMINE THE EFFECTIVENESS OF THE EVALUATION PROCEDURES
UNDER  THIS  SECTION.  ON  OR  BEFORE JANUARY THIRTY-FIRST, TWO THOUSAND
FIFTEEN, THE COMMISSIONER SHALL SUBMIT THE REPORT TO THE GOVERNOR AND TO
THE LEGISLATURE ON:
  (1) THE ACCURACY, RELIABILITY AND VALIDITY OF THE ANNUAL  PROFESSIONAL
PERFORMANCE REVIEWS, INCLUDING WHETHER SUCH REVIEW PROCESS:  PROVIDES AN
ACCURATE  EVALUATION OF THE PERFORMANCE OF A TEACHER OR PRINCIPAL, ACCU-
RATELY MEASURES THE QUALITY OF INSTRUCTION OR SUPERVISION PROVIDED BY  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08217-02-3

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