S T A T E O F N E W Y O R K
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1719
2017-2018 Regular Sessions
I N A S S E M B L Y
January 12, 2017
___________
Introduced by M. of A. HAWLEY -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to the commission on
teacher evaluations and temporary provisions for the implementation of
common core learning standards; to repeal certain provisions of chap-
ter 56 of the laws of 2015 amending the education law relating to
annual performance reviews of classroom teachers and building princi-
pals relating thereto; and to repeal certain provisions of the educa-
tion law relating 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. Section 1 of subpart E of part EE of chapter 56 of the laws
of 2015, amending the education law relating to annual performance
reviews of classroom teachers and building principals, is REPEALED.
§ 2. Section 3012-d of the education law is REPEALED and a new section
3012-d is added to read as follows:
§ 3012-D. TEACHER EVALUATION. 1. DEFINITION. "COMMISSION" SHALL MEAN
THE COMMISSION ON TEACHER EVALUATIONS ESTABLISHED PURSUANT TO THIS
SECTION.
2. COMMISSION ON TEACHER EVALUATIONS. A. THERE IS HEREBY CREATED THE
COMMISSION ON TEACHER EVALUATIONS, WHICH SHALL CONSIST OF THE FOLLOWING
TWENTY-FOUR MEMBERS WHO SHALL BE APPOINTED NO LESS THAN THIRTY DAYS
AFTER THE EFFECTIVE DATE OF THIS SECTION:
(I) TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE OF WHOM SHALL
BE THE COMMISSIONER;
(II) TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
(III) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
(IV) TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02281-01-7
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(V) TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
ASSEMBLY;
(VI) TWO MEMBERS SHALL BE APPOINTED BY THE PRESIDENT OF NEW YORK STATE
UNITED TEACHERS, ONE OF WHOM MUST HAVE COMPLETED THEIR SPECIAL EDUCATION
CERTIFICATION AND ONE OF WHOM MUST PROVIDE INSTRUCTION TO ENGLISH AS A
SECOND LANGUAGE STUDENTS;
(VII) TWO MEMBERS SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
SCHOOL ADMINISTRATORS ASSOCIATION OF NEW YORK STATE;
(VIII) TWO MEMBERS SHALL BE APPOINTED BY THE PRESIDENT OF THE NEW YORK
STATE PARENT TEACHER ASSOCIATION, ONE OF WHOM MUST BE A PARENT OF A
STUDENT WITH A CURRENT INDIVIDUAL EDUCATION PLAN;
(IX) TWO MEMBERS SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
NEW YORK STATE COUNCIL OF SCHOOL SUPERINTENDENTS;
(X) TWO MEMBERS SHALL BE APPOINTED BY THE PRESIDENT OF THE NEW YORK
STATE SCHOOL BOARDS ASSOCIATION;
(XI) TWO MEMBERS SHALL BE APPOINTED BY THE BOARD OF REGENTS;
(XII) TWO MEMBERS SHALL BE APPOINTED BY THE PRESIDENT OF THE NEW YORK
STATE ASSOCIATION OF SCHOOL PSYCHOLOGISTS. SUCH MEMBERS SHALL HAVE EXPE-
RIENCE IN A CLINICAL SETTING.
B. NO MEMBER OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY
PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
OR EMPLOYMENT BY VIRTUE OF HIS OR HER APPOINTMENT PURSUANT TO THIS
SECTION. MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS PURSUANT TO THIS SECTION.
A MEMBER OF THE COMMISSION MAY BE REMOVED BY THE APPOINTING AUTHORITY
ONLY FOR GOOD CAUSE, AFTER NOTICE AND OPPORTUNITY TO BE HEARD. VACANCIES
SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
C. POWERS AND DUTIES OF THE COMMISSION. (I) THE COMMISSION SHALL HOLD
AT LEAST ONE PUBLIC HEARING IN EACH OF THE FOLLOWING REGIONS:
(1) LONG ISLAND;
(2) NEW YORK CITY;
(3) HUDSON VALLEY;
(4) CAPITAL DISTRICT;
(5) NORTH COUNTRY;
(6) CENTRAL NEW YORK;
(7) FINGER LAKES;
(8) WESTERN NEW YORK;
(9) SOUTHERN TIER.
(II) DURING THE PUBLIC HEARINGS, THE COMMISSION SHALL HEAR THE TESTI-
MONY OF VOLUNTARY WITNESSES, MAY COMPEL THE TESTIMONY OF WITNESSES AND
MAY REQUIRE THE PRODUCTION OF ANY DOCUMENTS THE COMMISSION DEEMS REASON-
ABLY NECESSARY TO CARRY OUT ITS RESPONSIBILITIES.
(III) AFTER REVIEW, STUDY, AND RECEIPT OF PUBLIC COMMENT, THE COMMIS-
SION SHALL ISSUE A REPORT AND PROMULGATE RECOMMENDATIONS GOVERNING THE
IMPLEMENTATION OF A NEW TEACHER EVALUATION SYSTEM.
(IV) THE COMMISSION SHALL HAVE THE POWER TO:
(1) APPOINT A CHAIRPERSON BY A MAJORITY VOTE;
(2) CALL UPON ANY AGENCY, DEPARTMENT, OFFICE, DIVISION OR PUBLIC
AUTHORITY, OR SCHOOL DISTRICT OF THIS STATE TO SUPPLY IT WITH SUCH
INFORMATION AND ASSISTANCE AS THE COMMISSION DEEMS NECESSARY TO
DISCHARGE ITS RESPONSIBILITIES. EACH AGENCY, DEPARTMENT, OFFICE, DIVI-
SION OR SCHOOL DISTRICT OF THIS STATE SHALL COOPERATE WITH THE COMMIS-
SION AND FURNISH SUCH INFORMATION AND ASSISTANCE AS IT REQUESTS TO
ACCOMPLISH ITS PURPOSES;
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(3) APPOINT A COUNSEL AND SUCH OTHER STAFF AS THE COMMISSION DEEMS
REASONABLY NECESSARY TO CARRY OUT ITS RESPONSIBILITIES;
(4) CONTRACT WITH ANY STATE OR PRIVATE ENTITY FOR THE PROVISION OF
SUCH SERVICES AS THE COMMISSION DETERMINES TO BE REASONABLY NECESSARY;
AND
(5) TAKE OTHER ACTIONS NOT INCONSISTENT WITH THE PURPOSES OF THIS
SECTION AS SHALL ENABLE THE COMMISSION TO CARRY OUT ITS FUNCTIONS.
(V) RECOMMENDATIONS ISSUED BY THE COMMISSION SHALL BE DECIDED BY A
MAJORITY VOTE. RECOMMENDATIONS ISSUED BY THE COMMISSION SHALL BE
CONTAINED IN A REPORT TO THE GOVERNOR AND LEGISLATURE. THE REPORT SHALL
BE ISSUED NO LATER THAN DECEMBER FIRST, TWO THOUSAND EIGHTEEN AND SHALL
BE REVIEWED AND CONSIDERED BY THE EXECUTIVE IN SUBMISSION OF THE TWO
THOUSAND NINETEEN--TWENTY EXECUTIVE BUDGET.
(VI) MEETINGS OF THE COMMISSION SHALL BE SUBJECT TO THE OPEN MEETINGS
LAW ESTABLISHED BY ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
3. TEMPORARY PROVISIONS RELATING TO THE IMPLEMENTATION OF COMMON CORE
LEARNING STANDARDS IN RELATION TO TEACHER EVALUATION. A. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IN THE
CASE OF ANY CLASSROOM TEACHER OR BUILDING PRINCIPAL WHO RECEIVED AN
OVERALL COMPOSITE RATING OF INEFFECTIVE OR DEVELOPING IN AN ANNUAL
PROFESSIONAL PERFORMANCE REVIEW CALCULATED PURSUANT TO SECTION THREE
THOUSAND TWELVE-C OF THIS ARTICLE FOR THE TWO THOUSAND SEVENTEEN--EIGH-
TEEN AND/OR TWO THOUSAND EIGHTEEN--NINETEEN SCHOOL YEARS, IF THE STATE
ASSESSMENTS AND OTHER COMPARABLE MEASURES SUBCOMPONENT SCORE AND/OR THE
LOCALLY SELECTED MEASURES OF STUDENT ACHIEVEMENT SUBCOMPONENT OF SUCH
RATING WAS BASED ON A STATE ASSESSMENT ALIGNED WITH THE COMMON CORE, THE
CALCULATION PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE USED
FOR THE PURPOSES OF SUBDIVISION THREE OF THIS SECTION. FOR PURPOSES OF
THIS SECTION, A STATE ASSESSMENT ALIGNED WITH THE COMMON CORE SHALL MEAN
A STATE ADMINISTERED STANDARDIZED ENGLISH LANGUAGE ARTS AND/OR MATH
ASSESSMENT IN GRADES THREE THROUGH EIGHT THAT IS ALIGNED TO THE COMMON
CORE LEARNING STANDARDS ADOPTED BY THE BOARD OF REGENTS. PROVIDED,
HOWEVER, THAT NOTHING CONTAINED IN THIS SECTION SHALL IMPAIR OR ABRIDGE
ANY RIGHTS AND PRIVILEGES OF ANY PARTY PURSUANT TO SECTION THREE THOU-
SAND TWELVE-C OF THIS ARTICLE, EXCEPT AS SPECIFICALLY PROVIDED HEREIN.
B. CALCULATIONS. (I) THE CALCULATION PURSUANT TO THIS SUBDIVISION
SHALL BE BASED UPON THE CLASSROOM TEACHER'S OR BUILDING PRINCIPAL'S
SCORES ON THE APPLICABLE APPROVED OR DETERMINED ANNUAL PROFESSIONAL
PERFORMANCE REVIEW PLAN FOR THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES.
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (III) AND (IV) OF THIS PARA-
GRAPH, THE CALCULATION SHALL CONSIST OF:
(1) SCALING UP THE NUMERATOR AND THE DENOMINATOR OF THE LOCALLY
SELECTED MEASURES OF STUDENT ACHIEVEMENT SUBCOMPONENT SUCH THAT THE
DENOMINATOR IS EQUAL TO FORTY POINTS; AND
(2) ADDING THE RESULT TO THE CLASSROOM TEACHER'S OR BUILDING PRINCI-
PAL'S SCORE ON THE OTHER MEASURES OF TEACHER OR PRINCIPAL EFFECTIVENESS
SUBCOMPONENT TO GENERATE AN OVERALL COMPOSITE CALCULATION OUT OF ONE
HUNDRED POINTS.
(III) IF THE LOCALLY SELECTED MEASURES OF STUDENT ACHIEVEMENT SUBCOM-
PONENT RELIES IN WHOLE OR IN PART ON A STATE ASSESSMENT ALIGNED WITH THE
COMMON CORE, THE FOLLOWING PROVISIONS SHALL APPLY:
(1) IF THE STATE ASSESSMENT ALIGNED WITH THE COMMON CORE IS USED IN
SUCH SUBCOMPONENT AMONG MULTIPLE MEASURES INCLUDING MEASURES OTHER THAN
STATE ASSESSMENTS ALIGNED WITH THE COMMON CORE, THE CALCULATION SHALL
CONSIST OF:
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(A) EXCLUDING THE PORTION OF SUCH SUBCOMPONENT SCORE THAT RELIES ON
STATE ASSESSMENTS ALIGNED WITH THE COMMON CORE FROM BOTH THE NUMERATOR
AND DENOMINATOR OF THE RATIO OF THE TEACHER'S OR PRINCIPAL'S SCORE ON
THE LOCALLY SELECTED MEASURES OF STUDENT ACHIEVEMENT SUBCOMPONENT;
(B) SCALING UP THE RESULTING RATIO SUCH THAT THE DENOMINATOR IS EQUAL
TO FORTY POINTS; AND
(C) ADDING THE RESULT TO THE CLASSROOM TEACHER'S OR BUILDING PRINCI-
PAL'S SCORE ON THE OTHER MEASURES OF TEACHER OR PRINCIPAL EFFECTIVENESS
SUBCOMPONENT TO GENERATE AN OVERALL COMPOSITE CALCULATION OUT OF ONE
HUNDRED POINTS.
(2) IF STATE ASSESSMENTS ALIGNED WITH THE COMMON CORE CONSTITUTE THE
SOLE MEASURE OF THE LOCALLY SELECTED MEASURES OF STUDENT ACHIEVEMENT
SUBCOMPONENT, THE CALCULATION SHALL CONSIST OF SCALING UP THE NUMERATOR
AND DENOMINATOR OF THE RATIO OF THE TEACHER'S OR PRINCIPAL'S SCORE ON
THE OTHER MEASURES OF TEACHER OR PRINCIPAL EFFECTIVENESS SUBCOMPONENT
OUT OF SIXTY POINTS SUCH THAT THE DENOMINATOR IS EQUAL TO ONE HUNDRED
POINTS AND AN OVERALL COMPOSITE CALCULATION IS GENERATED.
(IV) NOTWITHSTANDING THE FOREGOING, IN THE CASE OF A CLASSROOM TEACHER
OR BUILDING PRINCIPAL (A) WHOSE LOCALLY SELECTED MEASURES OF STUDENT
ACHIEVEMENT SUBCOMPONENT IS BASED IN WHOLE OR IN PART ON A STATE ASSESS-
MENT ALIGNED WITH THE COMMON CORE, AND (B) WHOSE STATE ASSESSMENTS AND
OTHER COMPARABLE MEASURES SUBCOMPONENT IS NOT BASED, IN ANY PART, ON A
STATE ASSESSMENT ALIGNED WITH THE COMMON CORE, THE CALCULATION SHALL
CONSIST OF:
(1) IF THE STATE ASSESSMENT ALIGNED WITH THE COMMON CORE IS USED IN
THE LOCALLY SELECTED MEASURES OF STUDENT ACHIEVEMENT SUBCOMPONENT AMONG
MULTIPLE MEASURES INCLUDING MEASURES OTHER THAN STATE ASSESSMENTS
ALIGNED WITH THE COMMON CORE, THE CALCULATION SHALL CONSIST OF:
(I) EXCLUDING THE PORTION OF SUCH SUBCOMPONENT SCORE THAT RELIES ON
STATE ASSESSMENTS ALIGNED WITH THE COMMON CORE FROM BOTH THE NUMERATOR
AND DENOMINATOR OF THE RATIO OF THE TEACHER'S OR PRINCIPAL'S SCORE ON
THE LOCALLY SELECTED MEASURES OF STUDENT ACHIEVEMENT SUBCOMPONENT;
(II) SCALING UP THE RESULTING RATIO SUCH THAT THE DENOMINATOR IS EQUAL
TO TWENTY POINTS, OR FIFTEEN POINTS IF A VALUE-ADDED MODEL IS IN EFFECT;
AND
(III) ADDING THE RESULT TO THE CLASSROOM TEACHER'S OR BUILDING PRINCI-
PAL'S SCORE ON THE STATE ASSESSMENTS AND OTHER COMPARABLE MEASURES
SUBCOMPONENT AND THE OTHER MEASURES OF TEACHER OR PRINCIPAL EFFECTIVE-
NESS SUBCOMPONENT TO GENERATE AN OVERALL COMPOSITE CALCULATION OUT OF
ONE HUNDRED POINTS.
(2) IF STATE ASSESSMENTS ALIGNED WITH THE COMMON CORE CONSTITUTE THE
SOLE MEASURE OF THE LOCALLY SELECTED MEASURES OF STUDENT ACHIEVEMENT
SUBCOMPONENT, THE CALCULATION SHALL CONSIST OF:
(I) SCALING UP THE NUMERATOR AND THE DENOMINATOR OF THE STATE ASSESS-
MENTS AND OTHER COMPARABLE MEASURES SUBCOMPONENT SUCH THAT THE DENOMINA-
TOR IS EQUAL TO FORTY POINTS; AND
(II) ADDING THE RESULT TO THE CLASSROOM TEACHER'S OR BUILDING PRINCI-
PAL'S SCORE ON THE OTHER MEASURES OF TEACHER OR PRINCIPAL EFFECTIVENESS
SUBCOMPONENT TO GENERATE AN OVERALL COMPOSITE CALCULATION OUT OF ONE
HUNDRED POINTS.
4. USE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, IF A CALCULATION MADE PURSUANT TO SUBDIVISION THREE OF
THIS SECTION WOULD, COMPARED TO THE RATING PURSUANT TO SECTION THREE
THOUSAND TWELVE-C OF THIS ARTICLE AND THE RULES OF THE BOARD OF REGENTS,
HAVE RESULTED IN A HIGHER RATING FOR A TEACHER OR PRINCIPAL RATED DEVEL-
OPING OR INEFFECTIVE:
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A. THE RATING OF INEFFECTIVE OR DEVELOPING CALCULATED PURSUANT TO
SECTION THREE THOUSAND TWELVE-C OF THIS ARTICLE AND THE RULES OF THE
BOARD OF REGENTS SHALL NOT APPLY FOR THE FOLLOWING EMPLOYMENT RELATED
DECISIONS:
(1) A TERMINATION PURSUANT TO SECTIONS TWENTY-FIVE HUNDRED NINE, TWEN-
TY-FIVE HUNDRED SEVENTY-THREE, THREE THOUSAND TWELVE, THREE THOUSAND
FOURTEEN, THREE THOUSAND TWENTY, THREE THOUSAND TWENTY-A, OR THREE THOU-
SAND THIRTY-ONE OF THIS CHAPTER;
(2) A GRANTING OR DENIAL OF TENURE PURSUANT TO SECTION TWENTY-FIVE
HUNDRED NINE, TWENTY-FIVE HUNDRED SEVENTY-THREE, THREE THOUSAND TWELVE,
THREE THOUSAND FOURTEEN OR THREE THOUSAND THIRTY-ONE OF THIS CHAPTER;
(3) EXPEDITED HEARINGS PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF
THIS ARTICLE; OR
(4) DECISIONS RELATED TO RETENTION.
THE RATING OF INEFFECTIVE OR DEVELOPING CALCULATED PURSUANT TO SECTION
THREE THOUSAND TWELVE-C OF THIS CHAPTER AND THE RULES OF THE BOARD OF
REGENTS SHALL NOT APPLY AND THE DESIGNATION CALCULATED PURSUANT TO
SUBDIVISION THREE OF THIS SECTION SHALL BE USED FOR THE REQUIREMENT FOR
TEACHER OR PRINCIPAL IMPROVEMENT PLANS PURSUANT TO SECTION THREE THOU-
SAND TWELVE-C OF THIS ARTICLE.
PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED
TO PREVENT THE USE, FOR THE PURPOSES LISTED ABOVE, OF THE OBSERVATIONS,
LOCAL ASSESSMENTS OR OTHER MEASURES OF THE PERFORMANCE OF THE TEACHER OR
PRINCIPAL, OTHER THAN THEIR RATING OR A STATE ASSESSMENT ALIGNED WITH
THE COMMON CORE, WHETHER OR NOT THEY WERE INCLUDED IN AN ANNUAL PROFES-
SIONAL PERFORMANCE REVIEW.
B. ON INDIVIDUAL EMPLOYMENT RECORDS, EXCEPT AS PROVIDED UNDER PARA-
GRAPH A OF THIS SUBDIVISION, AND FOR PURPOSES OF DISCLOSURE TO PARENTS
PURSUANT TO PARAGRAPH B OF SUBDIVISION TEN OF SECTION THREE THOUSAND
TWELVE-C OF THIS ARTICLE, THE RATING PURSUANT TO SECTION THREE THOUSAND
TWELVE-C OF THIS ARTICLE SHALL BE REPORTED WITH (I) THE DESIGNATION
CALCULATED PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND (II) AN
EXPLANATION OF SUCH ADDITIONAL DESIGNATION.
§ 3. Notwithstanding any inconsistent provision of law, a school
district shall be eligible for an apportionment of general support for
public schools from the funds appropriated for the 2015-16 school year
or 2016-17 school year in excess of the amount apportioned to such
school district in the base year, as defined in subdivision 1 of section
3602 of the education law as provided in the school aid computed listing
produced by the commissioner in support of the enacted budget for the
2015-16 school year and entitled "SA151-6".
§ 4. This act shall take effect on the same date and in the same
manner as chapter 56 of the laws of 2015 amending the education law
relating to annual performance reviews of classroom teachers and build-
ing principals took effect, provided that it shall first apply to
employment decisions detailed in this act based on annual professional
performance review ratings received by classroom teachers and building
principals for the 2017-2018 and 2018-2019 school years.