Bill Text: NY A10168 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to temporary provisions for the implementation of common core learning standards; provides alternative calculation methods for any classroom teacher or building principal rated as ineffective or developing in an annual professional performance review calculated pursuant to section 3012-c of the education law for the 2013-14 and/or 2014-15 school years.
Spectrum: Slight Partisan Bill (Democrat 81-33)
Status: (Vetoed) 2014-12-29 - tabled [A10168 Detail]
Download: New_York-2013-A10168-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10168 I N A S S E M B L Y June 19, 2014 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Nolan, Silver, Glick, Morelle, Abinanti, Buchwald, Fahy, Jaffee, Paulin, Ryan, Schimel, Benedetto, Braunstein, Jacobs, Magnarelli, Millman, Ortiz, Perry, Robinson, Rosenthal, Russell, Scarborough, Schimminger, Sepulveda, Steck, Stirpe, Thiele, Mosley, Skartados, Peoples-Stokes, Cusick, Lifton, Miller, Cymbrowitz, Weprin, Abbate, Arroyo, Brennan, Brindisi, Bronson, Cahill, Clark, Colton, Cook, Crespo, Davila, DenDekker, Dinowitz, Englebright, Farrell, Heastie, Hennessey, Hevesi, Hooper, Kim, Lavine, Lentol, Lupardo, Magee, Markey, Mayer, McDonald, Moya, O'Donnell, Otis, Pichardo, Quart, Ramos, Rodriguez, Rosa, Santa- barbara, Skoufis, Sweeney, Titone, Weinstein, Weisenberg, Zebrowski) -- (at request of the Governor) -- read once and referred to the Committee on Education AN ACT relating to temporary provisions for the implementation of common core learning standards THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Temporary provisions relating to the implementation of 2 common core learning standards. 1. Applicability. Notwithstanding any 3 other provision of law, rule or regulation to the contrary, in the case 4 of any classroom teacher or building principal who received an overall 5 composite rating of ineffective or developing in an annual professional 6 performance review calculated pursuant to section 3012-c of the educa- 7 tion law for the 2013-14 and/or 2014-15 school years, if the state 8 assessments and other comparable measures subcomponent score and/or the 9 locally selected measures of student achievement subcomponent of such 10 rating was based on a state assessment aligned with the common core, the 11 calculation pursuant to subdivision two of this section shall be used 12 for the purposes of subdivision three of this section. For purposes of 13 this section, a state assessment aligned with the common core shall mean 14 a state administered standardized English language arts and/or math 15 assessment in grades 3 through 8 that is aligned to the common core 16 learning standards adopted by the board of regents. Provided, however, 17 that nothing contained in this act shall impair or abridge any rights EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12116-05-4 A. 10168 2 1 and privileges of any party pursuant to section 3012-c of the education 2 law, except as specifically provided herein. 3 2. Calculations. a. The calculation pursuant to this subdivision shall 4 be based upon the classroom teacher's or building principal's scores on 5 the applicable approved or determined annual professional performance 6 review plan for the school district or board of cooperative educational 7 services. 8 b. Except as provided in paragraphs c and d of this subdivision, the 9 calculation shall consist of: 10 (1) scaling up the numerator and the denominator of the locally 11 selected measures of student achievement subcomponent such that the 12 denominator is equal to 40 points; and 13 (2) adding the result to the classroom teacher's or building princi- 14 pal's score on the other measures of teacher or principal effectiveness 15 subcomponent to generate an overall composite calculation out of 100 16 points. 17 c. If the locally selected measures of student achievement subcompo- 18 nent relies in whole or in part on a state assessment aligned with the 19 common core, the following provisions shall apply: 20 (1) If the state assessment aligned with the common core is used in 21 such subcomponent among multiple measures including measures other than 22 state assessments aligned with the common core, the calculation shall 23 consist of: 24 (i) excluding the portion of such subcomponent score that relies on 25 state assessments aligned with the common core from both the numerator 26 and denominator of the ratio of the teacher's or principal's score on 27 the locally selected measures of student achievement subcomponent; 28 (ii) scaling up the resulting ratio such that the denominator is equal 29 to 40 points; and 30 (iii) adding the result to the classroom teacher's or building princi- 31 pal's score on the other measures of teacher or principal effectiveness 32 subcomponent to generate an overall composite calculation out of 100 33 points. 34 (2) If state assessments aligned with the common core constitute the 35 sole measure of the locally selected measures of student achievement 36 subcomponent, the calculation shall consist of scaling up the numerator 37 and denominator of the ratio of the teacher's or principal's score on 38 the other measures of teacher or principal effectiveness subcomponent 39 out of 60 points such that the denominator is equal to 100 points and an 40 overall composite calculation is generated. 41 d. Notwithstanding the foregoing, in the case of a classroom teacher 42 or building principal (i) whose locally selected measures of student 43 achievement subcomponent is based in whole or in part on a state assess- 44 ment aligned with the common core, and (ii) whose state assessments and 45 other comparable measures subcomponent is not based, in any part, on a 46 state assessment aligned with the common core, the calculation shall 47 consist of: 48 (1) If the state assessment aligned with the common core is used in 49 the locally selected measures of student achievement subcomponent among 50 multiple measures including measures other than state assessments 51 aligned with the common core, the calculation shall consist of: 52 (i) Excluding the portion of such subcomponent score that relies on 53 state assessments aligned with the common core from both the numerator 54 and denominator of the ratio of the teacher's or principal's score on 55 the locally selected measures of student achievement subcomponent; A. 10168 3 1 (ii) Scaling up the resulting ratio such that the denominator is equal 2 to 20 points, or 15 points if a value-added model is in effect; and 3 (iii) Adding the result to the classroom teacher's or building princi- 4 pal's score on the state assessments and other comparable measures 5 subcomponent and the other measures of teacher or principal effective- 6 ness subcomponent to generate an overall composite calculation out of 7 100 points. 8 (2) If state assessments aligned with the common core constitute the 9 sole measure of the locally selected measures of student achievement 10 subcomponent, the calculation shall consist of: 11 (i) Scaling up the numerator and the denominator of the state assess- 12 ments and other comparable measures subcomponent such that the denomina- 13 tor is equal to 40 points; and 14 (ii) Adding the result to the classroom teacher's or building princi- 15 pal's score on the other measures of teacher or principal effectiveness 16 subcomponent to generate an overall composite calculation out of 100 17 points. 18 3. Use. Notwithstanding any other provision of law, rule or regulation 19 to the contrary, if a calculation made pursuant to subdivision 2 of this 20 section would, compared to the rating pursuant to section 3012-c of the 21 education law and the rules of the board of regents, have resulted in a 22 higher rating for a teacher or principal rated developing or ineffec- 23 tive: 24 a. The rating of ineffective or developing calculated pursuant to 25 section 3012-c of the education law and the rules of the board of 26 regents shall not apply for the following employment related decisions: 27 (1) a termination pursuant to sections 2509, 2573, 3012, 3014, 3020, 28 3020-a, or 3031 of the education law; 29 (2) a granting or denial of tenure pursuant to section 2509, 2573, 30 3012, 3014 or 3031 of the education law; 31 (3) expedited hearings pursuant to section 3020-a of the education 32 law; and 33 (4) decisions related to retention. 34 The rating of ineffective or developing calculated pursuant to section 35 3012-c of the education law and the rules of the board of regents shall 36 not apply and the designation calculated pursuant to subdivision 2 of 37 this section shall be used for the requirement for teacher or principal 38 improvement plans pursuant to section 3012-c of the education law. 39 Provided, however, that nothing in this section shall be construed to 40 prevent the use for the purposes listed above of the observations, local 41 assessments or other measures of the performance of the teacher or prin- 42 cipal, other than their rating or a state assessment aligned with the 43 common core, whether or not they were included in an annual professional 44 performance review. 45 b. On individual employment records, except as provided under para- 46 graph a of this subdivision, and for purposes of disclosure to parents 47 pursuant to paragraph b of subdivision 10 of section 3012-c of the 48 education law, the rating pursuant to section 3012-c of the education 49 law shall be reported with (i) the designation calculated pursuant to 50 subdivision 2 of this section and (ii) an explanation of such additional 51 designation. 52 S 2. This act shall take effect immediately, provided that it shall 53 first apply to employment decisions detailed in this act based on annual 54 professional performance review ratings received by classroom teachers 55 and building principals for the 2013-14 and 2014-15 school years.