Senate Bill S5648A

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

                                 5648--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 21, 2015
                               ___________

Introduced by Sen. PANEPINTO -- read twice and ordered printed, and when
  printed  to  be committed to the Committee on Education -- recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the education law, in relation to the use of student
  achievement in the annual performance reviews of teachers and building
  principals

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

  Section  1.  Paragraph  d of subdivision 2 and subparagraph 1 of para-
graph a of subdivision 4 of section 3012-d of the education  law,  para-
graph  d  of subdivision 2 as added by section 2 of subpart E of part EE
of chapter 56 of the laws of 2015 and subparagraph 1 of paragraph  a  of
subdivision  4 as amended by section 3 of subpart C of part B of chapter
20 of the laws of 2015, are amended to read as follows:
  d. "State-designed supplemental assessment" shall mean a selection  of
state  tests or assessments developed or designed by the state education
department, or that the state education department purchased or acquired
from (i) another state; (ii) an  institution  of  higher  education;  or
(iii)  a  commercial or not-for-profit entity, provided that such entity
must be objective and may not have a conflict of interest or  appearance
of  a conflict of interest; such definition may include tests or assess-
ments that have been previously designed or acquired by local districts,
but only if the state education department significantly modifies growth
targets or scoring bands for such  tests  or  assessments  or  otherwise
adapts  the  test  or  assessment  to  the  state education department's
requirements, OR OTHER LOCALLY SELECTED MEASURE OF STUDENT ACHIEVEMENT.
  (1) For the first subcomponent, (A) for a teacher whose course ends in
a state-created or administered test for which there is a state-provided
growth model, such teacher shall  have  a  state-provided  growth  score

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11307-02-6
              

S. 5648--A                          2

based on such model, which shall take into consideration certain student
characteristics,  as  determined  by the commissioner, including but not
limited to students with disabilities, poverty, English language learner
status  and  prior  academic history [and which shall identify educators
whose students' growth is well above or well below average  compared  to
similar  students  for  a  teacher's  or  principal's students after the
certain student characteristics above are taken into account];  and  (B)
for  a  teacher whose course does not end in a state-created or adminis-
tered test such teacher shall have a student  learning  objective  (SLO)
consistent  with  a  goal-setting process determined or developed by the
commissioner, that results in a student growth score; provided that, for
any teacher whose course ends in a state-created or administered assess-
ment for which there is no state-provided growth model, such  assessment
must be used as the underlying assessment for such SLO;
  S 2. This act shall take effect immediately.