Assembly Bill A10569

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

                                  10569

                          I N  A S S E M B L Y

                              June 6, 2016
                               ___________

Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Nolan,
  Heastie,  Morelle,  Farrell,  Russell,  Brindisi,  Abbate,   Abinanti,
  Arroyo,  Aubry,  Barrett, Barron, Benedetto, Bichotte, Blake, Brennan,
  Bronson, Buchwald, Cahill,  Cancel,  Ceretto,  Colton,  Cook,  Crespo,
  Cusick,  Cymbrowitz,  DenDekker,  Dilan,  Dinowitz, Englebright, Fahy,
  Galef, Gantt, Gjonaj, Glick, Gottfried, Gunther, Harris, Hooper, Hunt-
  er, Hyndman, Jaffee,  Jean-Pierre,  Joyner,  Kearns,  Lavine,  Lentol,
  Lifton,  Linares,  Lupardo,  Magee,  Markey, McDonald, Miller, Mosley,
  Moya, Ortiz, Otis, Paulin, Peoples-Stokes, Perry,  Pichardo,  Pretlow,
  Quart,  Ramos,  Richardson,  Rivera,  Robinson,  Rodriguez, Rosenthal,
  Rozic, Ryan,  Santabarbara,  Seawright,  Simanowitz,  Simon,  Simotas,
  Skartados,  Skoufis,  Solages,  Steck,  Stirpe, Thiele, Titone, Titus,
  Walker, Weinstein, Weprin, Williams, Woerner,  Wright,  Zebrowski)  --
  read once and referred to the Committee on Education

AN  ACT  to  amend  the education law, in relation to annual teacher and
  principal evaluations

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

  Section  1.  Subdivision 11 of section 3012-d of the education law, as
added by section 2 of subpart E of part EE of chapter 56 of the laws  of
2015, is amended to read as follows:
  11.  Notwithstanding  any  inconsistent  provision  of  law, no school
district shall be eligible for an apportionment of general  support  for
public   schools  from  the  funds  appropriated  for  the  [2015--2016]
2019--2020 school year and any year thereafter in excess of  the  amount
apportioned  to  such school district in the respective base year unless
such school district has submitted documentation that has been  approved
by the commissioner [by November fifteenth, two thousand fifteen, or] by
September  first,  TWO  THOUSAND NINETEEN AND BY SEPTEMBER FIRST of each
subsequent year, demonstrating that it has fully implemented the  stand-
ards  and  procedures for conducting annual teacher and principal evalu-
ations of teachers and principals in accordance with the requirements of
this section and the regulations issued by  the  commissioner.  Provided
further  that  any apportionment withheld pursuant to this section shall

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

                                                           LBD15584-01-6

A. 10569                            2

not occur prior to April first of the current year and  shall  not  have
any effect on the base year calculation for use in the subsequent school
year. For purposes of this section, "base year" shall mean the base year
as  defined  in  paragraph  b  of  subdivision one of section thirty-six
hundred two of this chapter, and "current year" shall mean  the  current
year  as defined in paragraph a of subdivision one of section thirty-six
hundred two of this chapter.
  S 2. School districts and boards of cooperative  educational  services
shall be required to have fully implemented annual professional perform-
ance  reviews  consistent  with  section  3012-d of the education law by
September 1, 2016, to the  extent  consistent  with  the  provisions  of
subdivision  12 of section 3012-d of the education law. Provided, howev-
er, notwithstanding the provisions of chapter 61 of the laws of 2015 and
chapter 53 of the laws of 2016 or any other provisions  of  law  to  the
contrary,  prior  to  the 2019-2020 school year, a school district shall
not be subject to a withholding of yearly increases in  general  support
for  public  schools  from funds appropriated from the amount payable in
the base year based upon the failure of such school  district  to  fully
implement the standards and procedures for conducting annual teacher and
principal  evaluations of teachers and principals in accordance with the
requirements of section 3012-d of the education law provided  that  such
school  district  that has not yet fully implemented the requirements of
section 3012-d of the education law  has  fully  implemented,  or  fully
implements,  an  annual professional performance review for teachers and
principals in accordance with the requirements of section 3012-c of  the
education  law  by  September  first of each respective year, commencing
with September 1, 2015.
  S 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
section  or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect,  impair,  or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly  involved  in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if  such  invalid  provisions
had not been included herein.
  S 4. This act shall take effect immediately.