S T A T E O F N E W Y O R K
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3511
2019-2020 Regular Sessions
I N A S S E M B L Y
January 29, 2019
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Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to annual teacher
performance evaluations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 3012-e
to read as follows:
§ 3012-E. ANNUAL TEACHER PERFORMANCE EVALUATIONS. 1. NOTWITHSTANDING
ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, COMMENCING WITH THE TWO
THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR, THE ANNUAL TEACHER
EVALUATIONS IMPLEMENTED BY SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE
EDUCATIONAL SERVICES SHALL BE CONDUCTED IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. SUCH ANNUAL EVALUATIONS SHALL BE A SIGNIF-
ICANT FACTOR IN TEACHER DEVELOPMENT, INCLUDING BUT NOT LIMITED TO COACH-
ING, INDUCTION SUPPORT, AND DIFFERENTIATED PROFESSIONAL DEVELOPMENT.
2. RATINGS. THE ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED
PURSUANT TO THIS SECTION FOR CLASSROOM TEACHERS SHALL DIFFERENTIATE
TEACHER EFFECTIVENESS USING THE FOLLOWING QUALITY RATING CATEGORIES:
EXCEEDS TEACHING STANDARDS, MEETS TEACHING STANDARDS, DEVELOPING TOWARDS
TEACHING STANDARDS, AND DOES NOT MEET TEACHING STANDARDS.
3. EVALUATION COMPONENTS. (A)(1) COMMENCING WITH THE TWO THOUSAND
EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR, FOR CLASSROOM TEACHERS, THE
ANNUAL EVALUATION SYSTEM SHALL CONSIST OF MULTIPLE MEASURES IN TWO CATE-
GORIES: STUDENT PERFORMANCE AND TEACHER OBSERVATION. SUCH MEASURES SHALL
BE SELECTED AND USED IN A MANNER DETERMINED LOCALLY THROUGH COLLECTIVE
BARGAINING PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
(2) NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, ANY GROWTH
SCORES BASED ON ASSESSMENTS, EXAMINATIONS OR TESTS CREATED, DESIGNED OR
ADMINISTERED BY THE STATE SHALL NOT BE USED IN THE EVALUATION OF CLASS-
ROOM TEACHERS UNDER THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02051-01-9
A. 3511 2
(B) THE STUDENT PERFORMANCE COMPONENT SHALL CONSIST OF ONE OR MORE OF
THE FOLLOWING TYPES OF LOCALLY SELECTED MEASURES OF STUDENT ACHIEVEMENT
OR GROWTH:
(1) STUDENT ACHIEVEMENT OR GROWTH ON A LOCALLY DEVELOPED MEASURE
REFLECTING STUDENT GROWTH, INCLUDING BUT LIMITED TO A TEACHER-SPECIFIC
ACHIEVEMENT OR GROWTH SCORE COMPUTED IN A MANNER DETERMINED LOCALLY;
(2) STUDENT GROWTH OR ACHIEVEMENT COMPUTED IN A MANNER DETERMINED
LOCALLY BASED ON A DISTRICT, REGIONAL OR BOCES-DEVELOPED ASSESSMENT THAT
IS RIGOROUS AND COMPARABLE ACROSS CLASSROOMS;
(3) A SCHOOL-WIDE MEASURE OF EITHER STUDENT GROWTH OR ACHIEVEMENT
BASED ON A SCHOOL-WIDE MEASURE OF STUDENT GROWTH OR ACHIEVEMENT COMPUTED
IN A MANNER DETERMINED LOCALLY BASED ON A DISTRICT, REGIONAL OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES DEVELOPED ASSESSMENT THAT IS RIGOROUS
AND COMPARABLE ACROSS CLASSROOMS; OR
(4) A STRUCTURED DISTRICT-WIDE STUDENT GROWTH GOAL-SETTING PROCESS
DEVELOPED LOCALLY THAT IS RIGOROUS AND COMPARABLE ACROSS CLASSROOMS.
(C) THE TEACHER OBSERVATION COMPONENT, INCLUDING THE MEASURES USED,
HOW THEY ARE USED, AND HOW PERFORMANCE IS SCORED, SHALL BE LOCALLY
DEVELOPED THROUGH NEGOTIATIONS CONDUCTED PURSUANT TO ARTICLE FOURTEEN OF
THE CIVIL SERVICE LAW. THE MEASURES SELECTED FOR THIS COMPONENT MAY BE
DIFFERENTIATED WITHIN A SCHOOL DISTRICT ACCORDING TO THE NEEDS OF
PARTICULAR TEACHERS. THIS COMPONENT MAY INCLUDE, BUT IS NOT LIMITED TO
CLASSROOM OBSERVATIONS CONDUCTED BY A PRINCIPAL OR OTHER TRAINED ADMIN-
ISTRATOR, OR BY AN IMPARTIAL INDEPENDENT TRAINED EVALUATOR.
(D) SCHOOL DISTRICTS ARE AUTHORIZED TO COLLECTIVELY BARGAIN A DIFFER-
ENTIATED EVALUATION AND PROFESSIONAL DEVELOPMENT PROCESS BASED ON THE
ABILITIES AND NEEDS OF TEACHERS. THE ANNUAL DIFFERENTIATED PROCESS WOULD
ALLOW FLEXIBILITY IN THE FOCUS OF THE EVALUATION; THE FREQUENCY AND TYPE
OF MEASURES, INCLUDING OBSERVATION AND STUDENT/TEACHER ARTIFACTS AND
STUDENT SURVEYS; THE USE OF TRAINED ADMINISTRATORS AND PEER REVIEWERS;
THE PROFESSIONAL DEVELOPMENT FOR TARGETED TEACHER LEARNING AND GROWTH
(PERSONAL PROFESSIONAL DEVELOPMENT PLANS); AND THE CYCLE OF THE EVALU-
ATION PROCESS.
4. THE SPECIFIC MINIMUM AND MAXIMUM SCORING RANGES FOR EACH PERFORM-
ANCE LEVEL WITHIN A COMPONENT DESCRIBED IN THIS SECTION SHALL BE SET
BEFORE THE START OF EACH SCHOOL YEAR THROUGH COLLECTIVE BARGAINING.
5. THE COMMISSIONER SHALL ENSURE THAT THE PROCESS BY WHICH WEIGHTS AND
SCORING RANGES ARE ASSIGNED TO COMPONENTS AND SELECTED MEASURES ARE
TRANSPARENT 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 COMPONENT OR MEASURE.
6. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
UPON RATING A TEACHER, COMMENCING WITH ANNUAL PROFESSIONAL PERFORMANCE
REVIEWS CONDUCTED FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
SCHOOL YEAR, AS DEVELOPING TOWARDS TEACHING STANDARDS OR DOES NOT MEET
TEACHING STANDARDS, THROUGH AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW
CONDUCTED PURSUANT TO THIS SECTION, THE SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES SHALL FORMULATE AND COMMENCE IMPLEMEN-
TATION OF A TEACHER IMPROVEMENT PLAN FOR SUCH TEACHER AS SOON AS PRACTI-
CABLE BUT IN NO CASE LATER THAN TEN SCHOOL DAYS AFTER THE OPENING OF
CLASSES FOR THE SCHOOL YEAR. SUCH IMPROVEMENT PLAN SHALL BE CONSISTENT
WITH THE REGULATIONS OF THE COMMISSIONER AND DEVELOPED LOCALLY THROUGH
NEGOTIATIONS CONDUCTED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE
LAW. SUCH IMPROVEMENT PLAN SHALL INCLUDE, BUT NEED NOT BE LIMITED TO,
IDENTIFICATION OF NEEDED AREAS OF IMPROVEMENT, A TIMELINE FOR ACHIEVING
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IMPROVEMENT, THE MANNER IN WHICH IMPROVEMENT WILL BE ASSESSED, AND,
WHERE APPROPRIATE, DIFFERENTIATED ACTIVITIES TO SUPPORT A TEACHER'S
IMPROVEMENT IN THOSE AREAS. THE SCHOOL DISTRICT SHALL BE REQUIRED TO
DEVELOP DISTRICT PROFESSIONAL DEVELOPMENT PLANS TO REFLECT THE DIFFEREN-
TIATED PROFESSIONAL LEARNING AND GROWTH NEEDS OF ALL TEACHERS BASED ON
THEIR INDIVIDUAL ANNUAL PROFESSIONAL PERFORMANCE REVIEW RESULTS.
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ALL COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO AFTER
THE EFFECTIVE DATE OF THIS SECTION SHALL BE CONSISTENT WITH THE REQUIRE-
MENTS OF THIS SECTION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
ABROGATE ANY CONFLICTING PROVISIONS OF ANY COLLECTIVE BARGAINING AGREE-
MENT IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION DURING THE TERM OF
SUCH AGREEMENT AND UNTIL THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAIN-
ING AGREEMENT, PROVIDED THAT NOTWITHSTANDING 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
SECTION SHALL APPLY.
§ 2. This act shall take effect immediately.