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SECTION 3012-D
Annual teacher and principal evaluations
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 61
§ 3012-d. Annual teacher and principal evaluations. 1. General
provisions. Notwithstanding any other provision of law, rule or
regulation to the contrary, the annual teacher and principal evaluations
(hereinafter, evaluations) implemented by districts shall be conducted
in accordance with the provisions of this section. Such annual
evaluations shall be a significant factor for employment decisions
including but not limited to, promotion, retention, tenure
determination, termination, and supplemental compensation. Such
evaluations shall also be a significant factor in teacher and principal
development including but not limited to coaching, induction support,
and differentiated professional development.

2. Definitions.

a. "District" shall mean school district and/or board of cooperative
educational services, except that for purposes of subdivision eleven of
this section it shall only mean a school district;

b. "Principal" shall mean a building principal or an administrator in
charge of an instructional program of a board of cooperative educational
services;

c. "Student growth" shall mean the change in student achievement for
an individual student between two or more points in time.

d. "State-designed supplemental assessment" shall mean a selection of
state tests or assessments developed or designed by the state education
department, or that the state education department purchased or acquired
from (i) another state; (ii) an institution of higher education; or
(iii) a commercial or not-for-profit entity, provided that such entity
must be objective and may not have a conflict of interest or appearance
of a conflict of interest; such definition may include tests or
assessments that have been previously designed or acquired by local
districts, but only if the state education department significantly
modifies growth targets or scoring bands for such tests or assessments
or otherwise adapts the test or assessment to the state education
department's requirements.

3. Ratings. The annual evaluations conducted pursuant to this section
shall rate teacher and principal effectiveness using the following
categories: highly effective or "H", effective or "E", developing or "D"
and ineffective or "I".

4. Categories. The annual evaluation system shall consist of multiple
measures in two categories: student performance and teacher
observations.

a. Student performance category. Such category shall have at least one
subcomponent and an optional second subcomponent as follows:

(1) For the first subcomponent, 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, such assessment 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
practicable, across the district and be either: (A) based on a
state-created or administered test, or (B) based on a state-designed
supplemental assessment. 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 part EE of chapter fifty-six of the laws of two
thousand fifteen which added this section regarding the reduction of
unnecessary additional testing.

The commissioner shall determine the weights and scoring ranges for
the subcomponent or subcomponents of the student performance category
that shall result in a combined category rating. The commissioner shall
also set parameters for appropriate targets for student growth for both
subcomponents, and the department must affirmatively approve and shall
have the authority to disapprove or require modifications of district
plans that do not set appropriate growth targets, including after
initial approval. The commissioner shall set such weights and parameters
consistent with the terms contained herein.

b. Teacher observations category. The observations category for
teachers shall be based on a state-approved rubric and shall include up
to three subcomponents. Such category must include: (1) a subcomponent
based on classroom observations conducted by a principal or other
trained administrator and must also include (2) a subcomponent based on
classroom observations by an impartial independent trained evaluator or
evaluators selected by the district. An independent trained evaluator
may be employed within the school district, but not the same school
building, as the teacher being evaluated. Such category may also include
a subcomponent based on classroom observations conducted by a trained
peer teacher rated effective or highly effective from the same school or
from another school in the district.

The commissioner shall determine the weights, and/or weighting options
and scoring ranges for the subcomponents of the observations category
that result in a combined category rating. The commissioner shall also
determine the minimum number of observations to be conducted annually,
including frequency and duration, and any parameters therefor. The
commissioner shall set such weights and scores consistent with the terms
contained herein.

5. Rating determination. The overall rating determination shall be
determined as follows:

a. 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;

b. If a teacher receives an H in the teacher observation category, and
an E in the student performance category, the teacher's composite score
shall be H;

c. If a teacher receives an H in the teacher observation category, and
a D in the student performance category, the teacher's composite score
shall be E;

d. If a teacher receives an H in the teacher observation category, and
an I in the student performance category, the teacher's composite score
shall be D;

e. If a teacher receives an E in the teacher observation category, and
an H in the student performance category, the teacher's composite score
shall be H;

f. If a teacher receives an E in the teacher observation category, and
an E in the student performance category, the teacher's composite score
shall be E;

g. If a teacher receives an E in the teacher observation category, and
a D in the student performance category, the teacher's composite score
shall be E;

h. If a teacher receives an E in the teacher observation category, and
an I in the student performance category, the teacher's composite score
shall be D;

i. If a teacher receives a D in the teacher observation category, and
an H in the student performance category, the teacher's composite score
shall be E;

j. If a teacher receives a D in the teacher observation category, and
an E in the student performance category, the teacher's composite score
shall be E;

k. If a teacher receives a D in the teacher observation category, and
a D in the student performance category, the teacher's composite score
shall be D;

l. If a teacher receives a D in the teacher observation category, and
an I in the student performance category, the teacher's composite score
shall be I;

m. If a teacher receives an I in the teacher observation category, and
an H in the student performance category, the teacher's composite score
shall be D;

n. If a teacher receives an I in the teacher observation category, and
an E in the student performance category, the teacher's composite score
shall be D;

o. If a teacher receives an I in the teacher observation category, and
a D in the student performance category, the teacher's composite score
shall be I;

p. If a teacher receives an I in the teacher observation category, and
an I in the student performance category, the teacher's composite score
shall be I.

6. Prohibited elements. The following elements shall no longer be
eligible to be used in any evaluation subcomponent pursuant to this
section:

a. evidence of student development and performance derived from lesson
plans, other artifacts of teacher practice, and student portfolios,
except for student portfolios measured by a state-approved rubric where
permitted by the department;

b. use of an instrument for parent or student feedback;

c. use of professional goal-setting as evidence of teacher or
principal effectiveness;

d. any district or regionally-developed assessment that has not been
approved by the department; and

e. any growth or achievement target that does not meet the minimum
standards as set forth in regulations of the commissioner adopted
hereunder.

7. The commissioner shall ensure that the process by which weights and
scoring ranges are assigned to subcomponents and categories is
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 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.

8. A student may not be instructed, for two consecutive school years,
by any two teachers in the same district, each of whom received a rating
of ineffective under an evaluation conducted pursuant to this section in
the school year immediately prior to the school year in which the
student is placed in the teacher's classroom; provided, that if a
district deems it impracticable to comply with this subdivision, the
district shall seek a waiver from the department from such requirement.

9. Nothing in this section shall be construed to affect the unfettered
statutory right of a district to terminate a probationary (non-tenured)
teacher or principal for any statutorily and constitutionally
permissible reasons.

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;

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.

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 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 of
each subsequent year, demonstrating that it has fully implemented the
standards and procedures for conducting 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.

12. Notwithstanding any other provision of law, rule or regulation to
the contrary, all collective bargaining agreements entered into after
April first, two thousand fifteen shall be consistent with the
requirements of this section, unless the agreement relates to the two
thousand fourteen--two thousand fifteen school year only. Nothing in
this section shall be construed to abrogate any conflicting provisions
of any collective bargaining agreement in effect on April first, two
thousand fifteen during the term of such agreement and until the entry
into a successor collective bargaining 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.

13. Any reference in law to "annual professional performance review"
shall be deemed to refer to an annual professional performance review
pursuant to section three thousand twelve-c of this article or annual
teacher and principal evaluations pursuant to this section and any
references to section three thousand twelve-c of this article shall be
deemed to refer to section three thousand twelve-c of this article
and/or this section, as applicable.

14. The commissioner shall adopt regulations to align the principal
evaluation system as set forth in section three thousand twelve-c of
this article with the new teacher evaluation system set forth herein.

15. The provisions of paragraphs d, k, k-1, k-2 and l of subdivision
two and subdivisions four, five, five-a, nine, and ten of section three
thousand twelve-c of this article, as amended, shall apply to this
section to the extent determined by the commissioner.

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
administered 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
commissioner 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
subdivision 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
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 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.

17. Notwithstanding any other provision of this section, for the two
thousand twenty--two thousand twenty-one school year, no school district
or board of cooperative educational services shall be required to
complete an annual teacher and principal evaluation required by this
section for any classroom teacher or building principal and state
funding shall not be withheld from any school district for not complying
with the requirements of this section.