S T A T E O F N E W Y O R K
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S. 1262 A. 783
2019-2020 Regular Sessions
S E N A T E - A S S E M B L Y
January 11, 2019
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IN SENATE -- Introduced by Sens. MAYER, LIU, ADDABBO, BAILEY, BENJAMIN,
BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS,
GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH,
KENNEDY, KRUEGER, MARTINEZ, MAY, METZGER, MONTGOMERY, MYRIE, PARKER,
PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO,
SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS -- read twice and ordered
printed, and when printed to be committed to the Committee on Educa-
tion
IN ASSEMBLY -- Introduced by M. of A. BENEDETTO, HEASTIE, NOLAN,
PEOPLES-STOKES, JAFFEE, WEINSTEIN, ABBATE, ABINANTI, ARROYO, AUBRY,
BARNWELL, BARRETT, BARRON, BICHOTTE, BLAKE, BRAUNSTEIN, BRONSON,
BURKE, CAHILL, CARROLL, COLTON, COOK, CRUZ, CUSICK, CYMBROWITZ,
D'URSO, DE LA ROSA, DenDEKKER, DICKENS, DILAN, DINOWITZ, ENGLEBRIGHT,
EPSTEIN, FAHY, FALL, FERNANDEZ, FRONTUS, GALEF, GLICK, GOTTFRIED,
GRIFFIN, GUNTHER, HEVESI, HUNTER, HYNDMAN, JACOBSON, JEAN-PIERRE,
JONES, JOYNER, KIM, LAVINE, LENTOL, LIFTON, LUPARDO, MAGNARELLI, McDO-
NALD, McMAHON, M. G. MILLER, MOSLEY, NIOU, O'DONNELL, ORTIZ, OTIS,
PERRY, PHEFFER AMATO, PICHARDO, PRETLOW, RAMOS, REYES, RICHARDSON,
RIVERA, ROMEO, D. ROSENTHAL, L. ROSENTHAL, RYAN, SANTABARBARA, SAYEGH,
SCHIMMINGER, SEAWRIGHT, SIMON, SIMOTAS, SOLAGES, STECK, STERN, STIRPE,
TAYLOR, THIELE, TITUS, WALKER, WALLACE, WEPRIN, WOERNER, ZEBROWSKI,
DiPIETRO, NORRIS, MORINELLO -- Multi-Sponsored by -- M. of A. PALMESA-
NO -- read once and referred 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05312-01-9
S. 1262 2 A. 783
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
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
S. 1262 3 A. 783
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
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;
S. 1262 4 A. 783
[(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.
§ 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:
S. 1262 5 A. 783
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.
