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

                                  9336

                          I N  A S S E M B L Y

                            February 19, 2016
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Education

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

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

  Section 1. The education law is amended by adding a new section 3012-e
to read as follows:
  S 3012-E. ANNUAL TEACHER PERFORMANCE EVALUATIONS. 1.   NOTWITHSTANDING
ANY  OTHER  PROVISIONS  OF  LAW TO THE CONTRARY, COMMENCING WITH THE TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, THE  ANNUAL  TEACHER
EVALUATIONS  IMPLEMENTED  BY  SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE
EDUCATIONAL  SERVICES  SHALL  BE  CONDUCTED  IN  ACCORDANCE   WITH   THE
PROVISIONS  OF THIS SECTION.  SUCH ANNUAL EVALUATIONS SHALL BE A SIGNIF-
ICANT FACTOR IN TEACHER DEVELOPMENT, INCLUDING BUT NOT LIMITED TO COACH-
ING, INDUCTION SUPPORT, AND DIFFERENTIATED PROFESSIONAL DEVELOPMENT.
  2. RATINGS. THE  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEWS  CONDUCTED
PURSUANT  TO  THIS  SECTION  FOR  CLASSROOM TEACHERS SHALL DIFFERENTIATE
TEACHER EFFECTIVENESS USING THE  FOLLOWING  QUALITY  RATING  CATEGORIES:
EXCEEDS TEACHING STANDARDS, MEETS TEACHING STANDARDS, DEVELOPING TOWARDS
TEACHING STANDARDS, AND DOES NOT MEET TEACHING STANDARDS.
  3.  EVALUATION  COMPONENTS.  (A)(1)  COMMENCING  WITH THE TWO THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, FOR CLASSROOM  TEACHERS,  THE
ANNUAL EVALUATION SYSTEM SHALL CONSIST OF MULTIPLE MEASURES IN TWO CATE-
GORIES: STUDENT PERFORMANCE AND TEACHER OBSERVATION. SUCH MEASURES SHALL
BE  SELECTED  AND USED IN A MANNER DETERMINED LOCALLY THROUGH COLLECTIVE
BARGAINING PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  (2) NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, ANY  GROWTH
SCORES  BASED ON ASSESSMENTS, EXAMINATIONS OR TESTS CREATED, DESIGNED OR
ADMINISTERED BY THE STATE SHALL NOT BE USED IN THE EVALUATION OF  CLASS-
ROOM TEACHERS UNDER THIS SECTION.
  (B)  THE STUDENT PERFORMANCE COMPONENT SHALL CONSIST OF ONE OR MORE OF
THE FOLLOWING TYPES OF LOCALLY SELECTED MEASURES OF STUDENT  ACHIEVEMENT
OR GROWTH:

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

                                                           LBD14118-01-6

A. 9336                             2

  (1)  STUDENT  ACHIEVEMENT  OR  GROWTH  ON  A LOCALLY DEVELOPED MEASURE
REFLECTING STUDENT GROWTH, INCLUDING BUT LIMITED TO  A  TEACHER-SPECIFIC
ACHIEVEMENT OR GROWTH SCORE COMPUTED IN A MANNER DETERMINED LOCALLY;
  (2)  STUDENT  GROWTH  OR  ACHIEVEMENT  COMPUTED IN A MANNER DETERMINED
LOCALLY BASED ON A DISTRICT, REGIONAL OR BOCES-DEVELOPED ASSESSMENT THAT
IS RIGOROUS AND COMPARABLE ACROSS CLASSROOMS;
  (3) A SCHOOL-WIDE MEASURE OF  EITHER  STUDENT  GROWTH  OR  ACHIEVEMENT
BASED ON A SCHOOL-WIDE MEASURE OF STUDENT GROWTH OR ACHIEVEMENT COMPUTED
IN A MANNER DETERMINED LOCALLY BASED ON A DISTRICT, REGIONAL OR BOARD OF
COOPERATIVE  EDUCATIONAL  SERVICES DEVELOPED ASSESSMENT THAT IS RIGOROUS
AND COMPARABLE ACROSS CLASSROOMS; OR
  (4) A STRUCTURED DISTRICT-WIDE  STUDENT  GROWTH  GOAL-SETTING  PROCESS
DEVELOPED LOCALLY THAT IS RIGOROUS AND COMPARABLE ACROSS CLASSROOMS.
  (C)  THE  TEACHER  OBSERVATION COMPONENT, INCLUDING THE MEASURES USED,
HOW THEY ARE USED, AND HOW  PERFORMANCE  IS  SCORED,  SHALL  BE  LOCALLY
DEVELOPED THROUGH NEGOTIATIONS CONDUCTED PURSUANT TO ARTICLE FOURTEEN OF
THE  CIVIL  SERVICE LAW. THE MEASURES SELECTED FOR THIS COMPONENT MAY BE
DIFFERENTIATED WITHIN A  SCHOOL  DISTRICT  ACCORDING  TO  THE  NEEDS  OF
PARTICULAR  TEACHERS.  THIS COMPONENT MAY INCLUDE, BUT IS NOT LIMITED TO
CLASSROOM OBSERVATIONS CONDUCTED BY A PRINCIPAL OR OTHER TRAINED  ADMIN-
ISTRATOR, OR BY AN IMPARTIAL INDEPENDENT TRAINED EVALUATOR.
  (D)  SCHOOL DISTRICTS ARE AUTHORIZED TO COLLECTIVELY BARGAIN A DIFFER-
ENTIATED EVALUATION AND PROFESSIONAL DEVELOPMENT PROCESS  BASED  ON  THE
ABILITIES AND NEEDS OF TEACHERS. THE ANNUAL DIFFERENTIATED PROCESS WOULD
ALLOW FLEXIBILITY IN THE FOCUS OF THE EVALUATION; THE FREQUENCY AND TYPE
OF  MEASURES,  INCLUDING  OBSERVATION  AND STUDENT/TEACHER ARTIFACTS AND
STUDENT SURVEYS; THE USE OF TRAINED ADMINISTRATORS AND  PEER  REVIEWERS;
THE  PROFESSIONAL  DEVELOPMENT  FOR TARGETED TEACHER LEARNING AND GROWTH
(PERSONAL PROFESSIONAL DEVELOPMENT PLANS); AND THE CYCLE OF  THE  EVALU-
ATION PROCESS.
  4.  THE  SPECIFIC MINIMUM AND MAXIMUM SCORING RANGES FOR EACH PERFORM-
ANCE LEVEL WITHIN A COMPONENT DESCRIBED IN THIS  SECTION  SHALL  BE  SET
BEFORE THE START OF EACH SCHOOL YEAR THROUGH COLLECTIVE BARGAINING.
  5. THE COMMISSIONER SHALL ENSURE THAT THE PROCESS BY WHICH WEIGHTS AND
SCORING  RANGES  ARE  ASSIGNED  TO  COMPONENTS AND SELECTED MEASURES ARE
TRANSPARENT AND AVAILABLE TO THOSE BEING RATED BEFORE THE  BEGINNING  OF
EACH  SCHOOL  YEAR.  SUCH  PROCESS MUST ENSURE THAT IT IS POSSIBLE FOR A
TEACHER OR PRINCIPAL TO OBTAIN ANY NUMBER OF POINTS  IN  THE  APPLICABLE
SCORING RANGES, INCLUDING ZERO, IN EACH COMPONENT OR MEASURE.
  6.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
UPON RATING A TEACHER, COMMENCING WITH ANNUAL  PROFESSIONAL  PERFORMANCE
REVIEWS  CONDUCTED  FOR  THE  TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
SCHOOL YEAR, AS DEVELOPING TOWARDS TEACHING STANDARDS OR DOES  NOT  MEET
TEACHING  STANDARDS,  THROUGH  AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW
CONDUCTED PURSUANT TO THIS SECTION, THE  SCHOOL  DISTRICT  OR  BOARD  OF
COOPERATIVE  EDUCATIONAL SERVICES SHALL FORMULATE AND COMMENCE IMPLEMEN-
TATION OF A TEACHER IMPROVEMENT PLAN FOR SUCH TEACHER AS SOON AS PRACTI-
CABLE BUT IN NO CASE LATER THAN TEN SCHOOL DAYS  AFTER  THE  OPENING  OF
CLASSES  FOR  THE SCHOOL YEAR. SUCH IMPROVEMENT PLAN SHALL BE CONSISTENT
WITH THE REGULATIONS OF THE COMMISSIONER AND DEVELOPED  LOCALLY  THROUGH
NEGOTIATIONS CONDUCTED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE
LAW.  SUCH  IMPROVEMENT  PLAN SHALL INCLUDE, BUT NEED NOT BE LIMITED TO,
IDENTIFICATION OF NEEDED AREAS OF IMPROVEMENT, A TIMELINE FOR  ACHIEVING
IMPROVEMENT,  THE  MANNER  IN  WHICH  IMPROVEMENT WILL BE ASSESSED, AND,
WHERE APPROPRIATE, DIFFERENTIATED  ACTIVITIES  TO  SUPPORT  A  TEACHER'S
IMPROVEMENT  IN  THOSE  AREAS.  THE SCHOOL DISTRICT SHALL BE REQUIRED TO

A. 9336                             3

DEVELOP DISTRICT PROFESSIONAL DEVELOPMENT PLANS TO REFLECT THE DIFFEREN-
TIATED PROFESSIONAL LEARNING AND GROWTH NEEDS OF ALL TEACHERS  BASED  ON
THEIR INDIVIDUAL ANNUAL PROFESSIONAL PERFORMANCE REVIEW RESULTS.
  7.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ALL COLLECTIVE BARGAINING AGREEMENTS  ENTERED  INTO  AFTER
THE EFFECTIVE DATE OF THIS ACT SHALL BE CONSISTENT WITH THE REQUIREMENTS
OF  THIS SECTION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE
ANY CONFLICTING PROVISIONS OF ANY  COLLECTIVE  BARGAINING  AGREEMENT  IN
EFFECT  ON THE EFFECTIVE DATE OF THIS ACT DURING THE TERM OF SUCH AGREE-
MENT AND UNTIL THE ENTRY INTO A SUCCESSOR COLLECTIVE  BARGAINING  AGREE-
MENT,  PROVIDED  THAT  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, UPON EXPIRATION OF SUCH TERM AND THE ENTRY  INTO  A  SUCCESSOR
COLLECTIVE  BARGAINING  AGREEMENT,  THE PROVISIONS OF THIS SECTION SHALL
APPLY.
  S 2. This act shall take effect immediately.