S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2815
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. PAULIN, JAFFEE, ABINANTI, BRABENEC, GALEF, SKOUF-
   IS, ZEBROWSKI, RAIA, CURRAN -- Multi-Sponsored by -- M. of A. BUCHWALD
   -- 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-ONE--TWO THOUSAND TWENTY-TWO 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
 TWENTY-ONE  AND  SEPTEMBER  FIRST of each subsequent year, demonstrating
 that it has fully implemented the standards and procedures for  conduct-
 ing  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06451-01-7

 A. 2815                             2
 
 ACCORDANCE  WITH  THE RECOMMENDATIONS OF THE COMMITTEE OF EXPERTS AS SET
 FORTH IN SUBDIVISION SIXTEEN OF THIS SECTION  BY  SEPTEMBER  FIRST,  TWO
 THOUSAND  TWENTY-ONE,  THE  DATE  FOR  COMPLIANCE WITH THE PROVISIONS OF
 SUBPART  E  OF  PART EE OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO THOUSAND
 FIFTEEN, SHALL BE SUSPENDED UNTIL SUCH TIME THAT A NEW EVALUATION SYSTEM
 IS ENACTED.
   § 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-ONE--TWO THOU-
 SAND  TWENTY-TWO  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 PROFES-
 SIONAL PERFORMANCE REVIEW PLANS PURSUANT TO THIS SECTION  SHALL  LOCALLY
 DETERMINE 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

 A. 2815                             3
 
 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-
 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-ONE.
   § 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  SIXTEEN--TWO THOUSAND SEVENTEEN
 THROUGH TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE  SCHOOL  YEARS,  OR
 UNTIL SUCH TIME THAT A NEW EVALUATION SYSTEM HAS BEEN ADOPTED IN ACCORD-
 ANCE  WITH  THE PROVISIONS OF SUBDIVISION SIXTEEN OF SECTION THREE THOU-
 SAND 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
 PERFORMANCE  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 SUBDI-
 VISION 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.
   § 4. This act shall take effect immediately.