Senate Bill S4709

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

                                  4709

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 10, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation  to  annual  professional
  performance  review  plans  submitted  by  the  highest performing ten
  percent of school districts

  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 21 of the laws of 2012, is amended to
read as follows:
  k. (1) 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 may
reject a plan that does not rigorously adhere to the provisions of  this
section  and  the  regulations  of  the commissioner. Should any plan be
rejected, the commissioner shall describe each deficiency in the submit-
ted plan and direct  that  each  such  deficiency  be  resolved  through
collective  bargaining  to 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 thou-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10400-01-5
              

S. 4709                             2

sand 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 arti-
cle fourteen of the  civil  service  law.    NOTWITHSTANDING  ANY  OTHER
PROVISION  OF LAW TO THE CONTRARY, THE HIGHEST PERFORMING TEN PERCENT OF
SCHOOL DISTRICTS, AS DETERMINED BY THE COMMISSIONER, SHALL BE AUTHORIZED
TO SUBMIT THEIR EXISTING PLANS TO THE COMMISSIONER AND SUCH PLANS  SHALL
BE DEEMED APPROVED FOR PURPOSES OF THIS SECTION AND THE RECEIPT OF STATE
AID.
  (2)  THE  HIGHEST  PERFORMING ELEVEN PERCENT THROUGH TWENTY PERCENT OF
SCHOOL DISTRICTS, AS DETERMINED BY THE COMMISSIONER, SHALL BE AUTHORIZED
TO SUBMIT THEIR EXISTING PLANS, TOGETHER WITH A REQUEST FOR WAIVER  FROM
THE  REQUIREMENTS  OF  SUBMITTING A PLAN AS SET FORTH IN THIS SECTION. A
REJECTION OF ANY SUCH PLAN OR  REQUEST  FOR  WAIVER  AS  TO  ANY  SCHOOL
DISTRICT  AUTHORIZED  TO  SUBMIT  SUCH  REQUEST, SHALL BE IN WRITING AND
SHALL STATE THE COMMISSIONER'S DETERMINATION THAT THE SCHOOL  DISTRICT'S
REQUEST FOR WAIVER FROM THE REQUIREMENTS OF THIS SECTION HAS BEEN DENIED
AND  THE  RATIONALE  FOR SUCH DETERMINATION. THE COMMISSIONER'S GRANT OR
DENIAL OF SUCH REQUESTS SHALL BE ISSUED WITHIN THIRTY DAYS OF THE APPLI-
CANT'S SUBMISSION OF ITS APPLICATION TO THE COMMISSIONER.
  (3) A WAIVER ISSUED TO ANY APPLICANT  WHOSE  EXISTING  PLAN  HAS  BEEN
ACCEPTED  BY  THE COMMISSIONER, SHALL INCLUDE A STATEMENT INDICATING THE
LEVEL OF PERFORMANCE AS DETERMINED BY THE  COMMISSIONER  IN  MAKING  ITS
DETERMINATION,  AND  SHALL  REMAIN  IN  EFFECT FOR SO LONG AS THE SCHOOL
DISTRICT MAINTAINS ITS LEVEL OF PERFORMANCE AT OR  ABOVE  THE  LEVEL  AS
STATED  BY  THE  COMMISSIONER AT THE TIME OF THE ISSUANCE OF THE WAIVER.
ANY WAIVER ISSUED TO A SCHOOL DISTRICT  WHICH  FALLS  BELOW  THIS  LEVEL
SHALL  BE  DEEMED  VOIDED,  AND  THE SCHOOL DISTRICT SHALL THEREAFTER BE
REQUIRED TO SUBMIT A PLAN UNDER THIS SUBDIVISION  FOR  APPROVAL  BY  THE
COMMISSIONER.
  (4)  THE  COMMISSIONER  SHALL PUBLISH AND MAKE AVAILABLE TO ALL SCHOOL
DISTRICTS ITS FIRST RANKING OF SCHOOLS NO LATER THAN  FOURTEEN  CALENDAR
DAYS  AFTER  THE  EFFECTIVE DATE OF THIS SUBPARAGRAPH; AND NO LATER THAN
THE FIRST DAY OF APRIL, EACH YEAR THEREAFTER.
  S 2. This act shall take effect immediately.