S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5866
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2017
                                ___________
 
 Introduced  by M. of A. WALSH -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in relation to the weight assigned to
   state-created or administered  testing  results  for  calculating  the
   student performance category of teacher assessments

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph a of subdivision  4  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, subparagraph  1  as  amended  by  section  3  of
 subpart  C  of  part  B of chapter 20 of the laws of 2015, is amended to
 read as follows:
   a. Student performance category. Such category shall  have  [at  least
 one  subcomponent and an optional second subcomponent] TWO SUBCOMPONENTS
 as follows:
   (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
 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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05618-01-7
              

 A. 5866                             2
 
 ment  for which there is no state-provided growth model, such assessment
 must be used as the underlying assessment for such SLO;
   (2)  For  the  [optional]  second subcomponent, a district may locally
 select a second measure  in  accordance  with  this  subparagraph.  Such
 second measure shall apply in a consistent manner, to the extent practi-
 cable,  across  the district and be [either: (A) a second state-provided
 growth score on a state-created or administered test under clause (A) of
 subparagraph one of this paragraph, or (B)] a growth score  based  on  a
 state-designed supplemental assessment, calculated using a state-provid-
 ed  or  approved  growth model. The [optional] second subcomponent shall
 provide options for multiple assessment measures  that  are  aligned  to
 existing classroom and school best practices and take into consideration
 the  recommendations  in  the  testing  reduction  report as required by
 section one of subpart F of [the] PART EE OF chapter  FIFTY-SIX  of  the
 laws  of  two  thousand fifteen [which added this section] regarding the
 reduction of unnecessary additional testing.
   The commissioner shall determine the weights and  scoring  ranges  for
 the  subcomponent  or  subcomponents of the student performance category
 that shall result in a combined category rating.    NOTWITHSTANDING  THE
 PROVISIONS  OF  SECTION  THREE  THOUSAND TWELVE-C OF THIS ARTICLE OR ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, IN NO CASE SHALL  THE  SUBCOMPO-
 NENT  CALCULATED  PURSUANT  TO  SUBPARAGRAPH  ONE  OF  THIS PARAGRAPH BE
 ASSIGNED A WEIGHT IN EXCESS OF  FIVE  PERCENT  OF  A  TEACHER'S  OVERALL
 ASSESSMENT  UNDER  THIS SECTION. The commissioner shall also set parame-
 ters for appropriate targets for student growth for both  subcomponents,
 and the department must affirmatively approve and shall have the author-
 ity to disapprove or require modifications of district plans that do not
 set  appropriate  growth  targets, including after initial approval. The
 commissioner shall set such weights and parameters consistent  with  the
 terms contained herein.
   § 2. This act shall take effect immediately.