Assembly Bill A9461

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

                                  9461

                          I N  A S S E M B L Y

                              March 7, 2016
                               ___________

Introduced by M. of A. PAULIN -- 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] TWO
THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE school year and any year there-
after in excess of the amount apportioned to such school district in the
respective base year unless such school district has submitted  documen-
tation   that  has  been  approved  by  the  commissioner  by  [November
fifteenth, two thousand fifteen, or by] September  first,  TWO  THOUSAND
TWENTY  AND  SEPTEMBER FIRST of each subsequent year, demonstrating that
it has fully implemented the standards  and  procedures  for  conducting
annual  teacher  and principal evaluations 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 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.
IN THE EVENT THAT A NEW  EVALUATION  SYSTEM  HAS  NOT  BEEN  ADOPTED  IN
ACCORDANCE  WITH  THE RECOMMENDATIONS OF THE COMMITTEE OF EXPERTS AS SET
FORTH IN SUBDIVISION SIXTEEN OF THIS SECTION  BY  SEPTEMBER  FIRST,  TWO
THOUSAND  TWENTY, THE DATE FOR COMPLIANCE WITH THE PROVISIONS OF SUBPART

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14562-01-6
              

A. 9461                             2

E OF PART EE OF CHAPTER 56 OF THE LAWS OF 2015, SHALL BE SUSPENDED UNTIL
SUCH TIME THAT A NEW EVALUATION SYSTEM IS ENACTED.
  S  2.  Section  3012-d of the education law is amended by adding a new
subdivision 16 to read as follows:
  16. A. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH  A  OF  SUBDIVISION
FOUR  AND SUBDIVISION FIVE OF THIS SECTION, OR OF ANY OTHER LAW, RULE OR
REGULATION TO THE CONTRARY, UNTIL THE TWO THOUSAND TWENTY--TWO  THOUSAND
TWENTY-ONE  SCHOOL YEAR, OR UNTIL SUCH TIME THAT A NEW EVALUATION SYSTEM
HAS BEEN ADOPTED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION ELEVEN
OF THIS SECTION, WHICHEVER IS LATER,  SCHOOL  DISTRICTS  AND  BOARDS  OF
COOPERATIVE  EDUCATIONAL SERVICES THAT HAVE APPROVED ANNUAL PROFESSIONAL
PERFORMANCE REVIEW PLANS PURSUANT TO THIS SECTION SHALL  LOCALLY  DETER-
MINE  WHETHER TO UTILIZE THE STUDENT PERFORMANCE CATEGORY AS PART OF ITS
ANNUAL PROFESSIONAL PERFORMANCE REVIEW EVALUATION SYSTEM OR  WHETHER  TO
BASE  EVALUATIONS  OF  CLASSROOM TEACHERS AND BUILDING PRINCIPALS SOLELY
UPON THE OBSERVATION/SCHOOL VISIT CATEGORY RATINGS.
  B. DURING THE TRANSITION  PERIOD,  ANY  STUDENT  PERFORMANCE  CATEGORY
SCORE  AND  RATING THAT IS BASED UPON GRADES THREE THROUGH EIGHT ENGLISH
LANGUAGE ARTS AND MATHEMATICS STATE  ASSESSMENTS  AND/OR  STATE-PROVIDED
GROWTH SCORES ON REGENTS EXAMINATIONS SHALL BE DEEMED ADVISORY ONLY. THE
TRANSITION  SCORES AND RATINGS SHALL BE USED FOR THE PURPOSES OF EMPLOY-
MENT DECISIONS SET FORTH IN SUBDIVISION  ONE  OF  THIS  SECTION  AND  TO
DETERMINE  WHETHER  A TEACHER OR PRINCIPAL IMPROVEMENT PLAN IS REQUIRED.
TRANSITION SCORES AND RATINGS SHALL  BE  CALCULATED  BASED  UPON  EITHER
SOLELY  THE  OBSERVATION/SCHOOL VISIT CATEGORY, OR WITH AN ALTERNATE SLO
TO REPLACE SUCH IMPERMISSIBLE ASSESSMENT MEASURES AT THE SOLE OPTION  OF
EACH  SCHOOL  DISTRICT  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AS
DETERMINED LOCALLY. THE BOARD OF REGENTS SHALL AMEND SECTION 30-3.17  OF
ITS RULES IN ACCORDANCE WITH THE TERMS CONTAINED HEREIN.
  C.  DURING THE TRANSITION PERIOD, SCHOOL DISTRICTS AND BOARDS OF COOP-
ERATIVE EDUCATIONAL SERVICES SHALL CHOOSE WHETHER TO CONTINUE TO  IMPLE-
MENT  THEIR APPROVED ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLANS PURSU-
ANT TO SECTION THREE THOUSAND TWELVE-C OF THIS  ARTICLE  OR  WHETHER  TO
SUBMIT  A COMPLIANT ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLAN PURSUANT
TO THIS SECTION AND IMPLEMENT SUCH PLAN UPON ITS APPROVAL.
  D. DURING THIS TRANSITION PERIOD WHEN THE STATE COMPLETES ITS  TRANSI-
TION  TO  HIGHER  LEARNING  STANDARDS AND ALIGNS ITS ASSESSMENTS TO SUCH
STANDARDS, A COMMITTEE OF EXPERTS SHALL BE FORMED TO PROPOSE A NEW EVAL-
UATION SYSTEM FOR CLASSROOM TEACHERS AND BUILDING PRINCIPALS WHICH SHALL
ULTIMATELY AMEND THIS SECTION IN ACCORDANCE WITH THE COMMITTEE'S  RECOM-
MENDATIONS, SUBJECT TO LEGISLATIVE ADOPTION OF THE SAME, AFTER WHICH THE
BOARD  OF REGENTS SHALL ALSO AMEND ITS RULES IN ACCORDANCE WITH THE TERM
THEREOF. THE COMMITTEE SHALL BE COMPRISED OF EXPERTS  IN  THE  FIELD  OF
EDUCATION  SELECTED  BY  THE  REGENTS.  SHOULD  THE COMMITTEE MEMBERS BE
SELECTED AND ACCEPT SERVICE ON A VOLUNTARY BASIS, THEN THERE SHALL BE NO
REMUNERATION FOR SUCH SERVICE, PROVIDED THAT  IF  VOLUNTEERS  CANNOT  BE
FOUND,  THE  COMMITTEE  MEMBERS  SHALL BE REMUNERATED IN ACCORDANCE WITH
LEGISLATIVE APPROPRIATIONS THAT SHALL BE MADE TO FAIRLY COMPENSATE  SUCH
MEMBERS.
  E.  THE COMMITTEE OF EXPERTS SHALL DEVELOP A RESEARCH-BASED EVALUATION
MODEL THAT IS GROUNDED IN STUDENT LEARNING AND TEACHER/PRINCIPAL  EFFEC-
TIVENESS RESEARCH. THE COMMITTEE SHALL RECOMMEND AN ARRAY OF PERMISSIBLE
ASSESSMENTS  FOR  USE  WITHIN  THIS  NEW ANNUAL PROFESSIONAL PERFORMANCE
REVIEW SYSTEM. THE COMMITTEE SHALL  FURTHER  RECOMMEND  HOW  TO  MEASURE
GROWTH  IN  A MEANINGFUL WAY THAT FAIRLY AND ACCURATELY CAPTURES TEACHER
OR PRINCIPAL CONTRIBUTION TO THE STUDENT LEARNING PROCESS OVER AN APPRO-

A. 9461                             3

PRIATE INTERVAL OF TIME.   THE COMMITTEE  SHALL  CAREFULLY  EXAMINE  ALL
PROVISIONS  OF  THE CURRENT EVALUATION SYSTEM, INCLUDING CURRENT WEIGHTS
ATTRIBUTABLE TO VARIOUS MEASURES, TO RECOMMEND WHAT  COMPONENTS  THEREOF
SHOULD  BE  CONTINUED AND WHAT SHOULD BE DISCARDED.  THE COMMITTEE SHALL
PROVIDE A REPORT OF ITS  RECOMMENDATIONS  BY  NO  LATER  THAN  SEPTEMBER
FIRST, TWO THOUSAND TWENTY.
  S  3.  Section  3012-c of the education law is amended by adding a new
subdivision 11 to read as follows:
  11. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO
THE CONTRARY, FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN THROUGH
TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEARS, OR  UNTIL  SUCH
TIME  THAT  A  NEW EVALUATION SYSTEM HAS BEEN ADOPTED IN ACCORDANCE WITH
THE PROVISIONS OF SUBDIVISION SIXTEEN OF SECTION THREE THOUSAND TWELVE-D
OF THIS ARTICLE, WHICHEVER IS LATER,  SCHOOL  DISTRICTS  AND  BOARDS  OF
COOPERATIVE  EDUCATIONAL  SERVICES  CONTINUING TO IMPLEMENT THEIR ANNUAL
PROFESSIONAL PERFORMANCE REVIEW PLANS PURSUANT  TO  THIS  SECTION  SHALL
PROVIDE  TRANSITION SCORES AND RATINGS THAT EXCLUDE ANY STUDENT PERFORM-
ANCE RESULTS BASED UPON GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE ARTS
AND MATHEMATICS STATE ASSESSMENTS AND/OR STATE-PROVIDED GROWTH SCORES ON
REGENTS EXAMINATIONS. SUCH TRANSITION  SCORES  SHALL  BE  A  SIGNIFICANT
FACTOR  FOR EMPLOYMENT DECISIONS AS SET FORTH IN SUBDIVISION ONE OF THIS
SECTION AND TO DETERMINE WHETHER A TEACHER OR PRINCIPAL IMPROVEMENT PLAN
SHALL BE REQUIRED PURSUANT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS
SECTION. THE TRANSITION SCORES SHALL BE CALCULATED  IN  ACCORDANCE  WITH
SECTION  30-2.14  OF  THE  RULES OF THE BOARD OF REGENTS, WHICH SHALL BE
EXTENDED TO REMAIN EFFECTIVE DURING  THE  TRANSITION  PERIOD  REFERENCED
HEREINABOVE.  THE  BOARD OF REGENTS SHALL CONFORM SECTION 30-2.14 TO THE
PROVISIONS CONTAINED HEREIN.
  S 4. This act shall take effect immediately.