S T A T E O F N E W Y O R K
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2021-2022 Regular Sessions
I N A S S E M B L Y
February 10, 2021
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Introduced by M. of A. PAULIN, ABINANTI, BRABENEC, GALEF, ZEBROWSKI --
read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to annual teacher and
principal evaluations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 11 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:
11. Notwithstanding any inconsistent provision of law, no school
district shall be eligible for an apportionment of general support for
public schools from the funds appropriated for the [2015--2016] TWO
THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX school year and any year
thereafter in excess of the amount apportioned to such school district
in the respective base year unless such school district has submitted
documentation that has been approved by the commissioner by [November
fifteenth, two thousand fifteen, or by] September first, TWO THOUSAND
TWENTY-FIVE AND SEPTEMBER FIRST of each subsequent year, demonstrating
that it has fully implemented the standards and procedures for conduct-
ing annual teacher and principal evaluations of teachers and principals
in accordance with the requirements of this section and the regulations
issued by the commissioner. Provided further that any apportionment
withheld pursuant to this section shall not occur prior to April first
of the current year and shall not have any effect on the base year
calculation for use in the subsequent school year. For purposes of this
section, "base year" shall mean the base year as defined in paragraph b
of subdivision one of section thirty-six hundred two of this chapter,
and "current year" shall mean the current year as defined in paragraph a
of subdivision one of section thirty-six hundred two of this chapter.
IN THE EVENT THAT A NEW EVALUATION SYSTEM HAS NOT BEEN ADOPTED IN
ACCORDANCE WITH THE RECOMMENDATIONS OF THE COMMITTEE OF EXPERTS AS SET
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01815-01-1
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FORTH IN SUBDIVISION SIXTEEN OF THIS SECTION BY SEPTEMBER FIRST, TWO
THOUSAND TWENTY-FIVE, THE DATE FOR COMPLIANCE WITH THE PROVISIONS OF
SUBPART E OF PART EE OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO THOUSAND
FIFTEEN, SHALL BE SUSPENDED UNTIL SUCH TIME THAT A NEW EVALUATION SYSTEM
IS ENACTED.
§ 2. Section 3012-d of the education law is amended by adding a new
subdivision 17 to read as follows:
17. A. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF SUBDIVISION
FOUR AND SUBDIVISION FIVE OF THIS SECTION, OR OF ANY OTHER LAW, RULE OR
REGULATION TO THE CONTRARY, UNTIL THE TWO THOUSAND TWENTY-FIVE--TWO
THOUSAND TWENTY-SIX SCHOOL YEAR, OR UNTIL SUCH TIME THAT A NEW EVALU-
ATION SYSTEM HAS BEEN ADOPTED IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION ELEVEN OF THIS SECTION, WHICHEVER IS LATER, SCHOOL DISTRICTS
AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES THAT HAVE APPROVED ANNUAL
PROFESSIONAL PERFORMANCE REVIEW PLANS PURSUANT TO THIS SECTION SHALL
LOCALLY DETERMINE WHETHER TO UTILIZE THE STUDENT PERFORMANCE CATEGORY AS
PART OF ITS ANNUAL PROFESSIONAL PERFORMANCE REVIEW EVALUATION SYSTEM OR
WHETHER TO BASE EVALUATIONS OF CLASSROOM TEACHERS AND BUILDING PRINCI-
PALS SOLELY UPON THE OBSERVATION/SCHOOL VISIT CATEGORY RATINGS.
B. DURING THE TRANSITION PERIOD, ANY STUDENT PERFORMANCE CATEGORY
SCORE AND RATING THAT IS BASED UPON GRADES THREE THROUGH EIGHT ENGLISH
LANGUAGE ARTS AND MATHEMATICS STATE ASSESSMENTS AND/OR STATE-PROVIDED
GROWTH SCORES ON REGENTS EXAMINATIONS SHALL BE DEEMED ADVISORY ONLY. THE
TRANSITION SCORES AND RATINGS SHALL BE USED FOR THE PURPOSES OF EMPLOY-
MENT DECISIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION AND TO
DETERMINE WHETHER A TEACHER OR PRINCIPAL IMPROVEMENT PLAN IS REQUIRED.
TRANSITION SCORES AND RATINGS SHALL BE CALCULATED BASED UPON EITHER
SOLELY THE OBSERVATION/SCHOOL VISIT CATEGORY, OR WITH AN ALTERNATE SLO
TO REPLACE SUCH IMPERMISSIBLE ASSESSMENT MEASURES AT THE SOLE OPTION OF
EACH SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AS
DETERMINED LOCALLY. THE BOARD OF REGENTS SHALL AMEND SECTION 30-3.17 OF
ITS RULES IN ACCORDANCE WITH THE TERMS CONTAINED HEREIN.
C. DURING THE TRANSITION PERIOD, SCHOOL DISTRICTS AND BOARDS OF COOP-
ERATIVE EDUCATIONAL SERVICES SHALL CHOOSE WHETHER TO CONTINUE TO IMPLE-
MENT THEIR APPROVED ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLANS PURSU-
ANT TO SECTION THREE THOUSAND TWELVE-C OF THIS ARTICLE OR WHETHER TO
SUBMIT A COMPLIANT ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLAN PURSUANT
TO THIS SECTION AND IMPLEMENT SUCH PLAN UPON ITS APPROVAL.
D. DURING THIS TRANSITION PERIOD WHEN THE STATE COMPLETES ITS TRANSI-
TION TO HIGHER LEARNING STANDARDS AND ALIGNS ITS ASSESSMENTS TO SUCH
STANDARDS, A COMMITTEE OF EXPERTS SHALL BE FORMED TO PROPOSE A NEW EVAL-
UATION SYSTEM FOR CLASSROOM TEACHERS AND BUILDING PRINCIPALS WHICH SHALL
ULTIMATELY AMEND THIS SECTION IN ACCORDANCE WITH THE COMMITTEE'S RECOM-
MENDATIONS, SUBJECT TO LEGISLATIVE ADOPTION OF THE SAME, AFTER WHICH THE
BOARD OF REGENTS SHALL ALSO AMEND ITS RULES IN ACCORDANCE WITH THE TERMS
THEREOF. THE COMMITTEE SHALL BE COMPRISED OF EXPERTS IN THE FIELD OF
EDUCATION SELECTED BY THE REGENTS. SHOULD THE COMMITTEE MEMBERS BE
SELECTED AND ACCEPT SERVICE ON A VOLUNTARY BASIS, THEN THERE SHALL BE NO
REMUNERATION FOR SUCH SERVICE, PROVIDED THAT IF VOLUNTEERS CANNOT BE
FOUND, THE COMMITTEE MEMBERS SHALL BE REMUNERATED IN ACCORDANCE WITH
LEGISLATIVE APPROPRIATIONS THAT SHALL BE MADE TO FAIRLY COMPENSATE SUCH
MEMBERS.
E. THE COMMITTEE OF EXPERTS SHALL DEVELOP A RESEARCH-BASED EVALUATION
MODEL THAT IS GROUNDED IN STUDENT LEARNING AND TEACHER/PRINCIPAL EFFEC-
TIVENESS RESEARCH. THE COMMITTEE SHALL RECOMMEND AN ARRAY OF PERMISSIBLE
ASSESSMENTS FOR USE WITHIN THIS NEW ANNUAL PROFESSIONAL PERFORMANCE
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REVIEW SYSTEM. THE COMMITTEE SHALL FURTHER RECOMMEND HOW TO MEASURE
GROWTH IN A MEANINGFUL WAY THAT FAIRLY AND ACCURATELY CAPTURES TEACHER
OR PRINCIPAL CONTRIBUTION TO THE STUDENT LEARNING PROCESS OVER AN APPRO-
PRIATE INTERVAL OF TIME. THE COMMITTEE SHALL CAREFULLY EXAMINE ALL
PROVISIONS OF THE CURRENT EVALUATION SYSTEM, INCLUDING CURRENT WEIGHTS
ATTRIBUTABLE TO VARIOUS MEASURES, TO RECOMMEND WHAT COMPONENTS THEREOF
SHOULD BE CONTINUED AND WHAT SHOULD BE DISCARDED. THE COMMITTEE SHALL
PROVIDE A REPORT OF ITS RECOMMENDATIONS BY NO LATER THAN SEPTEMBER
FIRST, TWO THOUSAND TWENTY-FIVE.
§ 3. Section 3012-c of the education law is amended by adding a new
subdivision 11 to read as follows:
11. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO
THE CONTRARY, FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
THROUGH TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEARS,
OR UNTIL SUCH TIME THAT A NEW EVALUATION SYSTEM HAS BEEN ADOPTED IN
ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION SEVENTEEN OF SECTION THREE
THOUSAND TWELVE-D OF THIS ARTICLE, WHICHEVER IS LATER, SCHOOL DISTRICTS
AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES CONTINUING TO IMPLEMENT
THEIR ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLANS PURSUANT TO THIS
SECTION SHALL PROVIDE TRANSITION SCORES AND RATINGS THAT EXCLUDE ANY
STUDENT PERFORMANCE RESULTS BASED UPON GRADES THREE THROUGH EIGHT
ENGLISH LANGUAGE ARTS AND MATHEMATICS STATE ASSESSMENTS AND/OR STATE-
PROVIDED GROWTH SCORES ON REGENTS EXAMINATIONS. SUCH TRANSITION SCORES
SHALL BE A SIGNIFICANT FACTOR FOR EMPLOYMENT DECISIONS AS SET FORTH IN
SUBDIVISION ONE OF THIS SECTION AND TO DETERMINE WHETHER A TEACHER OR
PRINCIPAL IMPROVEMENT PLAN SHALL BE REQUIRED PURSUANT TO THE PROVISIONS
OF SUBDIVISION FOUR OF THIS SECTION. THE TRANSITION SCORES SHALL BE
CALCULATED IN ACCORDANCE WITH SECTION 30-2.14 OF THE RULES OF THE BOARD
OF REGENTS, WHICH SHALL BE EXTENDED TO REMAIN EFFECTIVE DURING THE TRAN-
SITION PERIOD REFERENCED HEREINABOVE. THE BOARD OF REGENTS SHALL CONFORM
SECTION 30-2.14 TO THE PROVISIONS CONTAINED HEREIN.
§ 4. This act shall take effect immediately.