S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5326
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to  the  use  of  student
   testing results in annual teacher evaluations
 
   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 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-pro-
 vided 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
 administered 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
 assessment  for  which  there  is  no  state-provided growth model, such
 assessment must be used as the underlying assessment for such SLO;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10736-01-7
              

 S. 5326                             2
 
   (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] 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. The commissioner shall
 also set parameters for appropriate targets for student growth for  both
 subcomponents,  and  the department must affirmatively approve and shall
 have the authority 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.