NY State Senate Bill S8301

Archive: Last Bill Status - In Senate Committee Rules Committee

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2018	reported and committed to rules
Apr 27, 2018	referred to education

Votes

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May 31, 2018 - Education committee Vote

S8301

committee

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S8301 (ACTIVE) - Details

See Assembly Version of this Bill:: A10475
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §3012-d, Ed L; amd Part AA Subpart B §2, Chap 56 of 2014
Versions Introduced in 2019-2020 Legislative Session:: S1262, A783

S8301 (ACTIVE) - Summary

Relates to state assessments and teacher evaluations; makes certain provisions permanent.

S8301 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8301

SPONSOR: MARCELLINO
 
TITLE OF BILL:

An act to amend the education law, in relation to state assessments and
teacher evaluations; and to amend chapter 56 of the laws of 2014, amend-
ing the education law relating to providing that standardized test
scores shall not be included on a student's permanent record, in
relation to making certain provisions permanent

 
PURPOSE:

This bill would amend the annual teacher and principal evaluation system
to eliminate the mandatory use of state assessments to determine a
teacher or principal's evaluation.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would establish a new subdivision 16 of section
3012-d of the Education Law to make the use of state-created or adminis-

tered tests optional instead of mandatory. This includes all state-
created or administered tests including the grades three through eight
English language arts and mathematics state tests and the high school
Regents examinations. Additionally, it empowers the Commissioner to
promulgate regulations for alternative assessments that can be used to
determine a teacher or principal's evaluation in place of the state-
created or administered tests. The selection and use of an assessment in
a teacher or principal's evaluation must be subject to collective
bargaining. School districts would be allowed to continue to use the
system they currently have in place until a new system is negotiated.

Section 2 of the bill modifies subdivision 4 of section 3012-d of the
Education Law to eliminate the use of the state-provided growth model in
a teacher or principal's evaluation. All teachers would be required to
have a student learning objective (SLO) consistent with a goal-setting
process determined or developed by the Commissioner as the first subcom-
ponent for the student performance category.

Section 3 of the bill modifies subdivision 5 of section 3012-d of the
Education Law to eliminate certain rules used to determine a teacher or
principal's overall rating.

Section 4 of the bill modifies subdivision 7 of section 3012-d of the
Education Law to eliminate certain rules used to determine a teacher or
principal's overall rating.

Section 5 of the bill modifies subdivision 10 of section 3012-d of the
Education Law to provide conforming language.

Section 6 of the bill makes permanent provisions prohibiting state-ad-
ministered grades 3 through 8 standardized English language arts or
mathematics assessments scores to be included on a student's record.

Section 7 of the bill provides the effective date as immediately.

 
JUSTIFICATION:


In 2015, New York State adopted a new annual teacher and principal eval-
uation system that required the use of state-created or administered
assessments as a subcomponent to determine a teacher or principal's
effectiveness. This approach to evaluating a teacher's performance and
student's achievement has created many disparities and has not been
widely accepted by teachers and parents, prompting families to opt out.
This bill seeks to maintain the rigorous standards set for teacher and
principal evaluations, while simultaneously addressing some of the
concerns from parents and educators. By allowing school districts and
teachers, who know their students best, the ability to negotiate whether
they would like to use the standardized tests in teacher or principal
evaluations, this legislation ensures that a more fair and effective
evaluation system for teachers and principals will be established.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8301 (ACTIVE) - Bill Text download pdf


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

                                  8301

                            I N  S E N A T E

                             April 27, 2018
                               ___________

Introduced by Sens. MARCELLINO, TEDISCO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Education

AN  ACT to amend the education law, in relation to state assessments and
  teacher evaluations; and to amend chapter 56  of  the  laws  of  2014,
  amending  the  education  law  relating to providing that standardized
  test scores shall not be included on a student's permanent record,  in
  relation to making certain provisions permanent

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

  Section 1. Section 3012-d of the education law is amended by adding  a
new subdivision 16 to read as follows:
  16.  A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, THE GRADES THREE THROUGH EIGHT  ENGLISH  LANGUAGE  ARTS
AND  MATHEMATICS STATE ASSESSMENTS AND ALL OTHER STATE-CREATED OR ADMIN-
ISTERED TESTS SHALL NOT BE REQUIRED TO BE  UTILIZED  IN  ANY  MANNER  TO
DETERMINE A TEACHER OR PRINCIPAL EVALUATION REQUIRED BY THIS SECTION.
  B.  THE  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS PROVIDING
ALTERNATIVE ASSESSMENTS THAT MAY BE USED IN GRADES THREE  THROUGH  EIGHT
INSTEAD  OF  ALL  OTHER STATE-CREATED OR ADMINISTERED TESTS, WHICH SHALL
INCLUDE ALL OF THE ASSESSMENTS THAT HAVE BEEN APPROVED  BY  THE  COMMIS-
SIONER FOR USE IN DETERMINING TRANSITION SCORES AND RATINGS.
  C.  THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR PRINCIPAL'S
EVALUATION PURSUANT TO PARAGRAPHS A AND B OF THIS SUBDIVISION AND SUBDI-
VISION FOUR OF THIS SECTION SHALL BE SUBJECT  TO  COLLECTIVE  BARGAINING
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  D. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION TWELVE OF THIS SECTION
TO  THE CONTRARY, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE
ANY CONFLICTING PROVISIONS OF ANY  COLLECTIVE  BARGAINING  AGREEMENT  IN
EFFECT  ON  THE  DATE  THIS SUBDIVISION TAKES EFFECT AND UNTIL THE ENTRY
INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON EXPIRATION  OF
SUCH TERM AND THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT
THE  PROVISIONS  OF THIS SUBDIVISION SHALL APPLY; AND, PROVIDED FURTHER,
HOWEVER, THAT ANY ASSESSMENTS USED IN DETERMINING TRANSITION SCORES  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15596-02-8

S. 8301                             2

RATINGS SHALL BE USED IN DETERMINING SCORES AND RATINGS PURSUANT TO THIS
SECTION  INSTEAD OF THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE ARTS
AND MATHEMATICS STATE ASSESSMENTS  UNTIL  THE  ENTRY  INTO  A  SUCCESSOR
COLLECTIVE BARGAINING AGREEMENT.
  §  2. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section
3012-d of the education law, subparagraph 1 as amended by section  3  of
subpart C of part B of chapter 20 of the laws of 2015 and subparagraph 2
as  added by section 2 of subpart E of part EE of chapter 56 of the laws
of 2015, are amended to read 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] A 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] MAY 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]  BASED  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-provided 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] PART EE OF
CHAPTER FIFTY-SIX of the laws of two thousand fifteen which  added  this
section regarding the reduction of unnecessary additional testing.
  § 3. Subdivision 5 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:
  5. Rating determination. The overall  rating  determination  shall  be
determined [according to a methodology] as follows:
  a. [The following rules shall apply: a teacher or principal who is (1)
rated  using  two  subcomponents in the student performance category and
receives a rating of ineffective in such category shall be  rated  inef-
fective  overall;  provided,  however,  that  if the measure used in the
second subcomponent is a state-provided growth score on a  state-created
or administered test pursuant to clause (A) of subparagraph one of para-
graph  a of subdivision four of this section, a teacher or principal who
receives a rating of ineffective in such category shall not be  eligible
to  receive a rating of effective or highly effective overall; (2) rated
using only the state measure subcomponent  in  the  student  performance

S. 8301                             3

category and receives a rating of ineffective in such category shall not
be  eligible  to receive a rating of effective or highly effective over-
all; and (3) rated ineffective  in  the  teacher  observations  category
shall  not be eligible to receive a rating of effective or highly effec-
tive overall.
  b. Except as otherwise provided in paragraph a of this subdivision,  a
teacher's composite score shall be determined as follows:
  (1)]  If  a teacher receives an H in the teacher observation category,
and an H in the student performance category,  the  teacher's  composite
score shall be H;
  [(2)] B. If a teacher receives an H in the teacher observation catego-
ry,  and an E in the student performance category, the teacher's compos-
ite score shall be H;
  [(3)] C. If a teacher receives an H in the teacher observation catego-
ry, and a D in the student performance category, the teacher's composite
score shall be E;
  [(4)] D. If a teacher receives an H in the teacher observation catego-
ry, and an I in the student performance category, the teacher's  compos-
ite score shall be D;
  [(5)] E. If a teacher receives an E in the teacher observation catego-
ry,  and an H in the student performance category, the teacher's compos-
ite score shall be H;
  [(6)] F. If a teacher receives an E in the teacher observation catego-
ry, and an E in the student performance category, the teacher's  compos-
ite score shall be E;
  [(7)] G. If a teacher receives an E in the teacher observation catego-
ry, and a D in the student performance category, the teacher's composite
score shall be E;
  [(8)] H. If a teacher receives an E in the teacher observation catego-
ry,  and an I in the student performance category, the teacher's compos-
ite score shall be D;
  [(9)] I. If a teacher receives a D in the teacher observation  catego-
ry,  and an H in the student performance category, the teacher's compos-
ite score shall be E;
  [(10)] J. If a teacher receives a D in the teacher observation catego-
ry, and an E in the student performance category, the teacher's  compos-
ite score shall be E;
  [(11)] K. If a teacher receives a D in the teacher observation catego-
ry, and a D in the student performance category, the teacher's composite
score shall be D;
  [(12)] L. If a teacher receives a D in the teacher observation catego-
ry,  and an I in the student performance category, the teacher's compos-
ite score shall be I;
  [(13)] M. If a teacher receives an I in the teacher observation  cate-
gory,  and  an  H  in  the  student  performance category, the teacher's
composite score shall be D;
  [(14)] N. If a teacher receives an I in the teacher observation  cate-
gory,  and  an  E  in  the  student  performance category, the teacher's
composite score shall be D;
  [(15)] O. If a teacher receives an I in the teacher observation  cate-
gory, and a D in the student performance category, the teacher's compos-
ite score shall be I;
  [(16)]  P. If a teacher receives an I in the teacher observation cate-
gory, and an I  in  the  student  performance  category,  the  teacher's
composite score shall be I.

S. 8301                             4

  § 4. Subdivision 7 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:
  7. The commissioner shall ensure that the process by which weights and
scoring ranges are assigned to subcomponents and categories is transpar-
ent  and  available  to  those  being rated before the beginning of each
school year. Such process must ensure that it is possible for a  teacher
or  principal  to  obtain any number of points in the applicable scoring
ranges,  including  zero,  in  each  subcomponent.  The  superintendent,
district  superintendent  or  chancellor  and  the representative of the
collective bargaining unit (where  one  exists)  shall  certify  in  the
district's  plan that the evaluation process shall use the standards for
the scoring ranges provided by the commissioner.    [Provided,  however,
that in any event, the following rules shall apply: a teacher or princi-
pal who is:
  a.  rated  using two subcomponents in the student performance category
and receives a rating of ineffective in such  category  shall  be  rated
ineffective  overall,  except  that  if  the  measure used in the second
subcomponent is a second state-provided growth score on a state-adminis-
tered or sponsored test pursuant to clause (A) of  subparagraph  one  of
paragraph  a of subdivision four of this section, a teacher or principal
that receives a rating of ineffective in  such  category  shall  not  be
eligible to receive a rating of effective or highly effective overall;
  b.  rated  using  only  the  state measure subcomponent in the student
performance category and receives a rating of ineffective in such  cate-
gory  shall  not  be eligible to receive a rating of effective or highly
effective overall; and
  c. rated ineffective in the observations category shall not be  eligi-
ble to receive a rating of effective or highly effective overall.]
  §  5.  Subdivision 10 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:
  10.  The  local  collective  bargaining representative shall negotiate
with the district:
  a. whether to use a second measure, and, in the event  that  a  second
measure  is  used, which measure to use, pursuant to subparagraph two of
paragraph a of subdivision four of this section [and];
  b. how to implement the provisions of paragraph b of subdivision  four
of  this  section,  and  associated  regulations  as  established by the
commissioner, in accordance with article fourteen of the  civil  service
law; AND
  C.  THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR PRINCIPAL'S
EVALUATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND PARAGRAPHS A
AND B OF SUBDIVISION SIXTEEN OF THIS SECTION.
  § 6. Section 2 of subpart B of part AA of chapter 56 of  the  laws  of
2014  amending the education law relating to providing that standardized
test scores shall not be included on a student's  permanent  record,  as
amended  by section 35 of part CCC of chapter 59 of the laws of 2018, is
amended to read as follows:
  § 2. This act shall take effect immediately [and shall expire  and  be
deemed repealed on December 31, 2019].
  § 7. This act shall take effect immediately.

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The New York State Senate

senate Bill S8301

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

May 31, 2018 - Education committee Vote

Education Committee Vote: May 31, 2018

Co-Sponsors

S8301 (ACTIVE) - Details

S8301 (ACTIVE) - Summary

S8301 (ACTIVE) - Sponsor Memo

S8301 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8301

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

May 31, 2018 - Education committee Vote

Education Committee Vote: May 31, 2018

Co-Sponsors

S8301 (ACTIVE) - Details

S8301 (ACTIVE) - Summary

S8301 (ACTIVE) - Sponsor Memo

S8301 (ACTIVE) - Bill Text download pdf

Comments