The New York State Senate

                    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.