Bill Text: NY A10808 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the eligibility of school districts for the apportionment of funds based on implementing new standards and procedures for conducting annual professional performance reviews.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-08-24 - referred to ways and means [A10808 Detail]
Download: New_York-2011-A10808-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10808 I N A S S E M B L Y August 24, 2012 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Brennan) -- read once and referred to the Committee on Ways and Means AN ACT to amend chapter 53 of the laws of 2012 enacting the aid to localities budget, in relation to school district eligibility for an increase in apportionment of school aid and implementation of new standards for conducting annual professional performance reviews to determine teacher and principal effectiveness; to amend the tax law, in relation to increasing the alternative minimum tax on corporations; to amend the state finance law, in relation to establishing the annual professional performance review fund; and to repeal section 1 of part A of chapter 57 of the laws of 2012 relating to school district eligi- bility for an increase in apportionment of school aid and implementa- tion of new standards for conducting annual professional performance reviews to determine teacher and principal effectiveness THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. That part of section 1 of chapter 53 of the laws of 2012 2 enacting the aid to localities budget, entitled "education department" 3 is amended by repealing the items hereinbelow set forth in brackets and 4 by adding thereto the items hereinbelow set forth in italics as follows: 5 OFFICE OF PREKINDERGARTEN THROUGH GRADE TWELVE EDUCATION 6 PROGRAM ............................................... 46,592,431,000 7 -------------- 8 General Fund 9 Local Assistance Account 10 Notwithstanding any inconsistent provision 11 of law, for general support for public 12 schools, for the 2012-13 and 2013-14 state 13 fiscal years provided, however, that not 14 more than 40.21294771 percent of this 15 appropriation shall be available for 16 remaining payments for the 2012-13 state EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16324-02-2 A. 10808 2 1 fiscal year payments for general support 2 for public schools for the 2012-13 school 3 year, nor more than 18.04144294 percent of 4 this appropriation shall be available for 5 remaining payments for the 2012-13 school 6 year payable in the 2013-14 state fiscal 7 year and provided further that notwith- 8 standing any inconsistent provision of 9 law, the remaining amounts available for 10 the 2013-14 school year shall be appor- 11 tioned to school districts pursuant to the 12 education law and subject to the limita- 13 tions of this appropriation including the 14 gap elimination adjustment as provided for 15 herein. 16 [Provided however that, notwithstanding any 17 inconsistent provision of law, no school 18 district shall be eligible for an appor- 19 tionment from the funds appropriated here- 20 in for the 2012-13 school year in excess 21 of the amount apportioned to such district 22 for the same time period during the base 23 year unless such school district has 24 submitted documentation that has been 25 approved by the commissioner by January 26 17, 2013 demonstrating that it has fully 27 implemented new standards and procedures 28 for conducting annual professional 29 performance reviews of classroom teachers 30 and building principals to determine 31 teacher and principal effectiveness 32 including but not limited to providing for 33 (i) state assessments and other comparable 34 measures which shall comprise twenty or 35 twenty-five percent of the evaluation; 36 (ii) locally selected measures of the 37 student achievement subcomponent which 38 shall comprise twenty or fifteen percent 39 of the evaluation; (iii) subjective meas- 40 ures of effectiveness that have been 41 approved by the commissioner with the 42 majority of such points based on multiple 43 observations by an administrator or prin- 44 cipal with at least one unannounced obser- 45 vation which shall comprise 60 percent of 46 the evaluation; and (iv) a scoring rubric 47 which ensures that it is possible to 48 receive any one of four ratings limited to 49 highly effective, effective, developing 50 and ineffective; provided however that, if 51 any such payments in excess of the amount 52 apportioned to such district for the same 53 time period during the base year were 54 made, and the school district has not 55 submitted documentation that it has fully 56 implemented new standards and procedures A. 10808 3 1 as set forth above that has been approved 2 by the commissioner by January 17, 2013, 3 the total amount of such payments shall be 4 deducted by the commissioner from future 5 payments to the school district from funds 6 appropriated herein; and provided further 7 that, for the 2012-13 school year if such 8 deduction is greater than the sum of the 9 amounts available for such deductions, the 10 remainder of the deduction shall be with- 11 held from payments scheduled to be made to 12 the school district pursuant to section 13 3609-a of the education law for the 2013- 14 14 school year in the 2013-14 state fiscal 15 year. 16 Provided further that notwithstanding any 17 inconsistent provision of law to the 18 contrary such documentation shall include 19 a plan adopted by the governing board of 20 the school district for conducting annual 21 professional performance reviews of class- 22 room teachers and building principals that 23 has been approved by the commissioner, and 24 in order to be approvable such plan shall 25 conform with the requirements for conduct- 26 ing annual professional performance 27 reviews of classroom teachers and building 28 principals, including but not limited to 29 (i) state assessments and other comparable 30 measures which shall comprise twenty or 31 twenty-five percent of the evaluation; 32 (ii) locally selected measures of the 33 student achievement subcomponent which 34 shall comprise twenty or fifteen percent 35 of the evaluation; (iii) subjective meas- 36 ures of effectiveness that have been 37 approved by the commissioner with the 38 majority of such points based on multiple 39 observations by an administrator or prin- 40 cipal with at least one unannounced obser- 41 vation which shall comprise 60 percent of 42 the evaluation; and (iv) a scoring rubric 43 which ensures that it is possible to 44 receive any one of four ratings limited to 45 highly effective, effective, developing 46 and ineffective; consistent with and 47 conforms to a chapter of the laws of 2012 48 amending the education law relating to the 49 annual professional performance review of 50 classroom teachers and building principals 51 and the teacher evaluation appeal process 52 in the city of New York; as proposed in 53 legislative bill numbers S.6732 and 54 A.9554. 55 Provided further that for a school district 56 in a city with a population of one million A. 10808 4 1 or more, notwithstanding any inconsistent 2 provision of law, no such school district 3 shall be eligible for an apportionment 4 from the funds appropriated herein for the 5 2012-13 school year in excess of the 6 amount apportioned to such district for 7 the same time period during the base year 8 unless such school district has submitted 9 documentation that has been approved by 10 the commissioner by January 17, 2013 11 demonstrating that it has adopted an expe- 12 ditious appeals process pertaining to the 13 annual professional performance review of 14 classroom teachers and building principals 15 that is consistent with and conforms to a 16 chapter of the laws of 2012 amending the 17 education law relating to the annual 18 professional performance review of class- 19 room teachers and building principals and 20 the teacher evaluation appeal process in 21 the city of New York, as proposed in 22 legislative bill numbers S.6732 and A.9554 23 and if any such payments in excess of the 24 amount apportioned to such district for 25 the same time period during the base year 26 were made, and the school district has not 27 submitted documentation that has been 28 approved by the commissioner by January 29 17, 2013 that it has adopted an expe- 30 ditious appeals process pertaining to the 31 annual professional performance review of 32 classroom teachers and building principals 33 that is consistent with and conforms to a 34 chapter of the laws of 2012 amending the 35 education law relating to the annual 36 professional performance review of class- 37 room teachers and building principals and 38 the teacher evaluation appeal process in 39 the city of New York, as proposed in 40 legislative bill numbers S.6732 and 41 A.9554, the total amount of such payments 42 shall be deducted by the commissioner from 43 future payments to the school district 44 from funds appropriated herein; and 45 provided further that, for the 2012-13 46 school year if such deduction is greater 47 than the sum of the amounts available for 48 such deductions, the remainder of the 49 deduction shall be withheld from payments 50 scheduled to be made to the school 51 district pursuant to section 3609-a of the 52 education law for the 2013-14 school year 53 in the 2013-14 state fiscal year.] 54 S 2. Section 1 of part A of chapter 57 of the laws of 2012 relating to 55 school district eligibility for an increase in apportionment of school 56 aid and implantation of new standards for conducting annual professional A. 10808 5 1 performance reviews to determine teacher and principal effectiveness, is 2 REPEALED. 3 S 3. Subparagraph (ii) of paragraph (c) of subdivision 1 of section 4 210 of the tax law, as amended by section 2 of part C of chapter 56 of 5 the laws of 2011, is amended to read as follows: 6 (ii) (A) For taxable years beginning on or after January first, two 7 thousand seven, the amount prescribed by this paragraph shall be 8 computed at the rate of one and one-half percent of the taxpayer's mini- 9 mum taxable income base. FOR TAXABLE YEARS BEGINNING ON OR AFTER JANU- 10 ARY FIRST, TWO THOUSAND TWELVE, THE AMOUNT PRESCRIBED BY THIS PARAGRAPH 11 SHALL BE COMPUTED AT THE RATE OF THREE AND ONE-HALF PERCENT OF THE 12 TAXPAYER'S MINIMUM TAXABLE INCOME BASE. The "taxpayer's minimum taxable 13 income base" shall mean the portion of the taxpayer's minimum taxable 14 income allocated within the state as hereinafter provided, subject to 15 any modifications required by paragraphs (d) and (e) of subdivision 16 three of this section. 17 (B) For taxable years beginning on or after January first, two thou- 18 sand twelve and before January first, two thousand fifteen, the amount 19 prescribed by this paragraph for an eligible qualified New York manufac- 20 turer shall be computed at the rate of seventy-five hundredths (.75) 21 percent of the taxpayer's minimum taxable income base. For purposes of 22 this clause, the term "eligible qualified New York manufacturer" shall 23 have the same meaning as in subparagraph (vi) of paragraph (a) of this 24 subdivision. 25 S 4. The state finance law is amended by adding a new section 81 to 26 read as follows: 27 S 81. ANNUAL PROFESSIONAL PERFORMANCE REVIEW FUND. 1. THERE IS HEREBY 28 ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE 29 KNOWN AS THE "ANNUAL PROFESSIONAL PERFORMANCE REVIEW FUND". 30 2. MONEYS IN THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW FUND SHALL BE 31 KEPT SEPARATELY FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS 32 IN THE JOINT OR SOLE CUSTODY OF THE STATE COMPTROLLER. 33 3. THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW FUND SHALL CONSIST OF 34 THE REVENUES GENERATED BY THE TWO PERCENT INCREASE IN THE TAX RATE 35 COMPUTED PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH (II) OF PARAGRAPH (C) OF 36 SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THE TAX LAW AS A RESULT OF 37 AMENDMENTS MADE TO SUCH SUBPARAGRAPH BY A CHAPTER OF THE LAWS OF TWO 38 THOUSAND TWELVE WHICH ADDED THIS SECTION FOR TAXABLE YEARS BEGINNING ON 39 OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE, AND ALL OTHER MONEYS CRED- 40 ITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO 41 LAW. 42 4. MONIES OF THE FUND SHALL BE EXPENDED ONLY AS FOLLOWS: 43 A. IF THE UNITED STATES DEPARTMENT OF EDUCATION DETERMINES THAT THE 44 CHAPTER OF THE LAWS OF TWO THOUSAND TWELVE THAT ADDED THIS SECTION 45 VIOLATES THE APPROVED APPLICATION SUBMITTED BY THE DEPARTMENT OF EDUCA- 46 TION PURSUANT TO THE FEDERAL RACE TO THE TOP PROGRAM, AND SUCCESSFULLY 47 OBTAINS THE REPAYMENT OR RETURN OF THE TOTAL AMOUNT OR ANY PORTION OF 48 THE RACE TO THE TOP GRANT AWARDED TO THIS STATE, THE MONIES OF THE FUND 49 SHALL BE PAID TO THE STATE TREASURY TO REPLACE THE AMOUNT REPAID OR 50 RETURNED TO THE UNITED STATES DEPARTMENT OF EDUCATION. ANY EXCESS 51 AMOUNT SHALL BE PAID TO THE STATE TREASURY FOR GENERAL STATE PURPOSES; 52 OR 53 B. IF THE UNITED STATES DEPARTMENT OF EDUCATION DETERMINES THAT THE 54 CHAPTER OF THE LAWS OF TWO THOUSAND TWELVE THAT ADDED THIS SECTION DOES 55 NOT VIOLATE THE APPROVED RACE TO THE TOP APPLICATION, OR DETERMINES OR A. 10808 6 1 AGREES NOT TO SEEK REPAYMENT OR RETURN OF THE RACE TO THE TOP GRANT, THE 2 MONIES SHALL BE PAID TO THE STATE TREASURY FOR GENERAL STATE PURPOSES. 3 5. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF 4 THE COMPTROLLER ON VOUCHERS APPROVED BY THE COMPTROLLER. 5 S 5. This act shall take effect immediately.