S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3511
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 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

 A. 3511                             3
 
 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.