Bill Text: NY A10057 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to eliminating the student performance category of teacher evaluations and replacing it with a teacher evaluation category created by a committee consisting of certified educators of this state.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-05-26 - print number 10057a [A10057 Detail]
Download: New_York-2015-A10057-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10057--A IN ASSEMBLY May 9, 2016 ___________ Introduced by M. of A. BRINDISI, CERETTO, RAIA, SANTABARBARA, BUTLER, LUPINACCI, JAFFEE, CAHILL, SKOUFIS, SEPULVEDA, LUPARDO, HYNDMAN, DUPREY, LAWRENCE -- Multi-Sponsored by -- M. of A. BICHOTTE, CROUCH, ENGLEBRIGHT, MAGEE -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to annual teacher evalu- ations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3012-d of the education law, as added by section 2 2 of subpart E of part EE of chapter 56 of the laws of 2015 and subpara- 3 graph 1 of paragraph a of subdivision 4 as amended by section 3 of 4 subpart C of part B of chapter 20 of the laws of 2015, is amended to 5 read as follows: 6 § 3012-d. Annual teacher and principal evaluations. 1. General 7 provisions. Notwithstanding any other provision of law, rule or regu- 8 lation to the contrary, the annual teacher and principal evaluations 9 (hereinafter, evaluations) implemented by districts shall be conducted 10 in accordance with the provisions of this section. Such annual evalu- 11 ations shall be a [significant] factor for employment decisions includ- 12 ing but not limited to, promotion, retention, tenure determination, 13 termination, and supplemental compensation. Such evaluations shall also 14 be a [significant] factor in teacher and principal development including 15 but not limited to coaching, induction support, and differentiated 16 professional development. 17 2. Definitions. 18 a. "District" shall mean school district and/or board of cooperative 19 educational services[, except that for purposes of subdivision eleven of20this section it shall only mean a school district]; 21 b. "Principal" shall mean a building principal or an administrator in 22 charge of an instructional program of a board of cooperative educational 23 services[;EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14668-05-6A. 10057--A 2 1c. "Student growth" shall mean the change in student achievement for2an individual student between two or more points in time.3d. "State-designed supplemental assessment" shall mean a selection of4state tests or assessments developed or designed by the state education5department, or that the state education department purchased or acquired6from (i) another state; (ii) an institution of higher education; or7(iii) a commercial or not-for-profit entity, provided that such entity8must be objective and may not have a conflict of interest or appearance9of a conflict of interest; such definition may include tests or assess-10ments that have been previously designed or acquired by local districts,11but only if the state education department significantly modifies growth12targets or scoring bands for such tests or assessments or otherwise13adapts the test or assessment to the state education department's14requirements]. 15 3. Ratings. The annual evaluations conducted pursuant to this section 16 shall rate teacher and principal effectiveness using the following cate- 17 gories: highly effective or "H", effective or "E", developing or "D" and 18 ineffective or "I". 19 4. Categories. The annual evaluation system shall consist of [multiple20measures in two categories: student performance] teacher evaluations and 21 teacher observations. 22 a. [Student performance category. Such category shall have at least23one subcomponent and an optional second subcomponent as follows:24(1) For the first subcomponent, (A) for a teacher whose course ends in25a state-created or administered test for which there is a state-provided26growth model, such teacher shall have a state-provided growth score27based on such model, which shall take into consideration certain student28characteristics, as determined by the commissioner, including but not29limited to students with disabilities, poverty, English language learner30status and prior academic history and which shall identify educators31whose students' growth is well above or well below average compared to32similar students for a teacher's or principal's students after the33certain student characteristics above are taken into account; and (B)34for a teacher whose course does not end in a state-created or adminis-35tered test such teacher shall have a student learning objective (SLO)36consistent with a goal-setting process determined or developed by the37commissioner, that results in a student growth score; provided that, for38any teacher whose course ends in a state-created or administered assess-39ment for which there is no state-provided growth model, such assessment40must be used as the underlying assessment for such SLO;41(2) For the optional second subcomponent, a district may locally42select a second measure in accordance with this subparagraph. Such43second measure shall apply in a consistent manner, to the extent practi-44cable, across the district and be either: (A) a second state-provided45growth score on a state-created or administered test under clause (A) of46subparagraph one of this paragraph, or (B) a growth score based on a47state-designed supplemental assessment, calculated using a state-provid-48ed or approved growth model. The optional second subcomponent shall49provide options for multiple assessment measures that are aligned to50existing classroom and school best practices and take into consideration51the recommendations in the testing reduction report as required by52section one of subpart F of the chapter of the laws of two thousand53fifteen which added this section regarding the reduction of unnecessary54additional testing.55The commissioner shall determine the weights and scoring ranges for56the subcomponent or subcomponents of the student performance categoryA. 10057--A 3 1that shall result in a combined category rating. The commissioner shall2also set parameters for appropriate targets for student growth for both3subcomponents, and the department must affirmatively approve and shall4have the authority to disapprove or require modifications of district5plans that do not set appropriate growth targets, including after6initial approval. The commissioner shall set such weights and parameters7consistent with the terms contained herein.] Teacher evaluation catego- 8 ry. The evaluation category for teachers shall be based on and created 9 from the findings of a committee established by the board of regents 10 consisting of certified educators who are residents of this state 11 created by the board of regents pursuant to subdivision five of this 12 section. 13 b. Teacher observations category. The observations category for teach- 14 ers shall be based on a state-approved rubric and shall include [up to15three subcomponents. Such category must include: (1)] a subcomponent 16 based on classroom observations conducted by a principal or other 17 trained administrator [and must also include (2) a subcomponent based on18classroom observations by an impartial independent trained evaluator or19evaluators selected by the district. An independent trained evaluator20may be employed within the school district, but not the same school21building, as the teacher being evaluated. Such category may also include22a subcomponent based on classroom observations conducted by a trained23peer teacher rated effective or highly effective from the same school or24from another school in the district]. 25 The [commissioner] board of regents shall determine the weights, 26 and/or weighting options and scoring ranges for the subcomponents of the 27 observations category that result in a combined category rating. The 28 [commissioner] board of regents shall also determine the minimum number 29 of observations to be conducted annually, including frequency and dura- 30 tion, and any parameters therefor. The [commissioner] board of regents 31 shall set such weights and scores consistent with the terms contained 32 herein. 33 5. The board of regents shall establish a committee consisting of 34 certified educators who are residents of this state to develop a 35 research based evaluation model to measure a teacher's performance. The 36 committee shall present its findings to the board of regents no later 37 than one year after the committee's creation. 38 6. Rating determination. The overall rating determination shall be 39 determined according to a methodology as follows: 40 a. The following rules shall apply: a teacher or principal who is (1) 41 [rated using two subcomponents in the student performance category and42receives a rating of ineffective in such category shall be rated inef-43fective overall; provided, however, that if the measure used in the44second subcomponent is a state-provided growth score on a state-created45or administered test pursuant to clause (A) of subparagraph one of para-46graph a of subdivision four of this section, a teacher or principal who47receives a rating of ineffective in such category shall not be eligible48to receive a rating of effective or highly effective overall; (2) rated49using only the state measure subcomponent in the student performance50category and receives a rating of ineffective in such category shall not51be eligible to receive a rating of effective or highly effective over-52all; and (3)] rated ineffective in the teacher observations category 53 shall not be eligible to receive a rating of effective or highly effec- 54 tive overall and (2) rated ineffective in the teacher evaluation catego- 55 ry shall not be eligible to receive a rating of effective or highly 56 effective overall.A. 10057--A 4 1 b. Except as otherwise provided in paragraph a of this subdivision, a 2 teacher's composite score shall be determined as follows: 3 (1) If a teacher receives an H in the teacher observation category, 4 and an H in the [student performance] teacher evaluation category, the 5 teacher's composite score shall be H; 6 (2) If a teacher receives an H in the teacher observation category, 7 and an E in the [student performance] teacher evaluation category, the 8 teacher's composite score shall be H; 9 (3) If a teacher receives an H in the teacher observation category, 10 and a D in the [student performance] teacher evaluation category, the 11 teacher's composite score shall be E; 12 (4) If a teacher receives an H in the teacher observation category, 13 and an I in the [student performance] teacher evaluation category, the 14 teacher's composite score shall be D; 15 (5) If a teacher receives an E in the teacher observation category, 16 and an H in the [student performance] teacher evaluation category, the 17 teacher's composite score shall be H; 18 (6) If a teacher receives an E in the teacher observation category, 19 and an E in the [student performance] teacher evaluation category, the 20 teacher's composite score shall be E; 21 (7) If a teacher receives an E in the teacher observation category, 22 and a D in the [student performance] teacher evaluation category, the 23 teacher's composite score shall be E; 24 (8) If a teacher receives an E in the teacher observation category, 25 and an I in the [student performance] teacher evaluation category, the 26 teacher's composite score shall be D; 27 (9) If a teacher receives a D in the teacher observation category, and 28 an H in the [student performance] teacher evaluation category, the 29 teacher's composite score shall be E; 30 (10) If a teacher receives a D in the teacher observation category, 31 and an E in the [student performance] teacher evaluation category, the 32 teacher's composite score shall be E; 33 (11) If a teacher receives a D in the teacher observation category, 34 and a D in the [student performance] teacher evaluation category, the 35 teacher's composite score shall be D; 36 (12) If a teacher receives a D in the teacher observation category, 37 and an I in the [student performance] teacher evaluation category, the 38 teacher's composite score shall be I; 39 (13) If a teacher receives an I in the teacher observation category, 40 and an H in the [student performance] teacher evaluation category, the 41 teacher's composite score shall be D; 42 (14) If a teacher receives an I in the teacher observation category, 43 and an E in the [student performance] teacher evaluation category, the 44 teacher's composite score shall be D; 45 (15) If a teacher receives an I in the teacher observation category, 46 and a D in the [student performance] teacher evaluation category, the 47 teacher's composite score shall be I; 48 (16) If a teacher receives an I in the teacher observation category, 49 and an I in the [student performance] teacher evaluation category, the 50 teacher's composite score shall be I. 51 [6.] 7. Prohibited elements. The following elements shall no longer be 52 eligible to be used in any evaluation subcomponent pursuant to this 53 section: 54 a. [evidence of student development and performance derived from55lesson plans, other artifacts of teacher practice, and student portfo-A. 10057--A 5 1lios, except for student portfolios measured by a state-approved rubric2where permitted by the department;3b.] use of an instrument for parent or student feedback; 4 [c.] b. use of professional goal-setting as evidence of teacher or 5 principal effectiveness; 6 [d.] c. any district or regionally-developed assessment that has not 7 been approved by the department; [and] 8 [e.] d. any growth or achievement target that does not meet the mini- 9 mum standards as set forth in regulations of the [commissioner] board of 10 regents adopted hereunder; and 11 e. any state-created or administered test. 12 [7.] 8. The [commissioner] board of regents shall ensure that the 13 process by which weights and scoring ranges are assigned to subcompo- 14 nents and categories is transparent and available to those being rated 15 before the beginning of each school year. Such process must ensure that 16 it is possible for a teacher or principal to obtain any number of points 17 in the applicable scoring ranges, including zero, in each subcomponent. 18 The superintendent, district superintendent or chancellor and the repre- 19 sentative of the collective bargaining unit (where one exists) shall 20 certify in the district's plan that the evaluation process shall use the 21 standards for the scoring ranges provided by the [commissioner] board of 22 regents. Provided, however, that in any event, the following rules 23 shall apply: a teacher or principal who is: 24 a. [rated using two subcomponents in the student performance category25and receives a rating of ineffective in such category shall be rated26ineffective overall, except that if the measure used in the second27subcomponent is a second state-provided growth score on a state-adminis-28tered or sponsored test pursuant to clause (A) of subparagraph one of29paragraph a of subdivision four of this section, a teacher or principal30that receives a rating of ineffective in such category shall not be31eligible to receive a rating of effective or highly effective overall;32b. rated using only the state measure subcomponent in the student33performance category and receives a rating of ineffective in such cate-34gory shall not be eligible to receive a rating of effective or highly35effective overall; and36c.] rated ineffective in the observations category shall not be eligi- 37 ble to receive a rating of effective or highly effective overall; and 38 b. rated ineffective in the evaluation category shall not be eligible 39 to receive a rating of effective or highly effective overall. 40 [8.] 9. A student may not be instructed, for two consecutive school 41 years, by any two teachers in the same district, each of whom received a 42 rating of ineffective under an evaluation conducted pursuant to this 43 section in the school year immediately prior to the school year in which 44 the student is placed in the teacher's classroom; provided, that if a 45 district deems it impracticable to comply with this subdivision, the 46 district shall seek a waiver from the department from such requirement. 47 [9.] 10. Nothing in this section shall be construed to affect the 48 unfettered statutory right of a district to terminate a probationary 49 (non-tenured) teacher or principal for any statutorily and constitu- 50 tionally permissible reasons. 51 [10.] 11. The local collective bargaining representative shall negoti- 52 ate with the district: 53 a. whether to use a second measure, [and, in the event that a second54measure is used, which measure to use, pursuant to subparagraph two of55paragraph a of subdivision four of this section] andA. 10057--A 6 1 b. how to implement the provisions of paragraph b of subdivision four 2 of this section, and associated regulations as established by the 3 [commissioner] board of regents, in accordance with article fourteen of 4 the civil service law. 5 [11. Notwithstanding any inconsistent provision of law, no school6district shall be eligible for an apportionment of general support for7public schools from the funds appropriated for the 2015--2016 school8year and any year thereafter in excess of the amount apportioned to such9school district in the respective base year unless such school district10has submitted documentation that has been approved by the commissioner11by November fifteenth, two thousand fifteen, or by September first of12each subsequent year, demonstrating that it has fully implemented the13standards and procedures for conducting annual teacher and principal14evaluations of teachers and principals in accordance with the require-15ments of this section and the regulations issued by the commissioner.16Provided further that any apportionment withheld pursuant to this17section shall not occur prior to April first of the current year and18shall not have any effect on the base year calculation for use in the19subsequent school year. For purposes of this section, "base year" shall20mean the base year as defined in paragraph b of subdivision one of21section thirty-six hundred two of this chapter, and "current year" shall22mean the current year as defined in paragraph a of subdivision one of23section thirty-six hundred two of this chapter.] 24 12. Notwithstanding any other provision of law, rule or regulation to 25 the contrary, all collective bargaining agreements entered into after 26 April first, two thousand fifteen shall be consistent with the require- 27 ments of this section, unless the agreement relates to the two thousand 28 fourteen--two thousand fifteen school year only. Nothing in this section 29 shall be construed to abrogate any conflicting provisions of any collec- 30 tive bargaining agreement in effect on April first, two thousand fifteen 31 during the term of such agreement and until the entry into a successor 32 collective bargaining agreement, provided that notwithstanding any other 33 provision of law to the contrary, upon expiration of such term and the 34 entry into a successor collective bargaining agreement the provisions of 35 this section shall apply. 36 13. Any reference in law to "annual professional performance review" 37 shall be deemed to refer to an annual professional performance review 38 pursuant to section three thousand twelve-c of this article or annual 39 teacher and principal evaluations pursuant to this section and any 40 references to section three thousand twelve-c of this article shall be 41 deemed to refer to section three thousand twelve-c of this article 42 and/or this section, as applicable. 43 14. The commissioner shall adopt regulations to align the principal 44 evaluation system as set forth in section three thousand twelve-c of 45 this article with the new teacher evaluation system set forth herein. 46 15. The provisions of paragraphs d, k, k-1, k-2 and l of subdivision 47 two and subdivisions four, five, five-a, nine, and ten of section three 48 thousand twelve-c of this article, as amended, shall apply to this 49 section to the extent determined by the commissioner. 50 § 2. This act shall take effect on the first of August next succeeding 51 the date on which it shall have become a law.