Bill Text: NY S04709 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to annual professional performance review plans submitted by the highest performing ten percent of school districts.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO EDUCATION [S04709 Detail]
Download: New_York-2015-S04709-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4709
2015-2016 Regular Sessions
I N S E N A T E
April 10, 2015
___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to annual professional
performance review plans submitted by the highest performing ten
percent of school districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph k of subdivision 2 of section 3012-c of the
2 education law, as added by chapter 21 of the laws of 2012, is amended to
3 read as follows:
4 k. (1) Notwithstanding any other provision of law, rule or regulation
5 to the contrary, by July first, two thousand twelve, the governing body
6 of each school district and board of cooperative educational services
7 shall adopt a plan, on a form prescribed by the commissioner, for the
8 annual professional performance review of all of its classroom teachers
9 and building principals in accordance with the requirements of this
10 section and the regulations of the commissioner, and shall submit such
11 plan to the commissioner for approval. The plan may be an annual or
12 multi-year plan, for the annual professional performance review of all
13 of its classroom teachers and building principals. The commissioner
14 shall approve or reject the plan by September first, two thousand
15 twelve, or as soon as practicable thereafter. The commissioner may
16 reject a plan that does not rigorously adhere to the provisions of this
17 section and the regulations of the commissioner. Should any plan be
18 rejected, the commissioner shall describe each deficiency in the submit-
19 ted plan and direct that each such deficiency be resolved through
20 collective bargaining to the extent required under article fourteen of
21 the civil service law. If any material changes are made to the plan, the
22 school district or board of cooperative educational services must submit
23 the material changes, on a form prescribed by the commissioner, to the
24 commissioner for approval. To the extent that by July first, two thou-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10400-01-5
S. 4709 2
1 sand twelve, or by July first of any subsequent year, if all the terms
2 of the plan have not been finalized as a result of unresolved collective
3 bargaining negotiations, the entire plan shall be submitted to the
4 commissioner upon resolution of all of its terms, consistent with arti-
5 cle fourteen of the civil service law. NOTWITHSTANDING ANY OTHER
6 PROVISION OF LAW TO THE CONTRARY, THE HIGHEST PERFORMING TEN PERCENT OF
7 SCHOOL DISTRICTS, AS DETERMINED BY THE COMMISSIONER, SHALL BE AUTHORIZED
8 TO SUBMIT THEIR EXISTING PLANS TO THE COMMISSIONER AND SUCH PLANS SHALL
9 BE DEEMED APPROVED FOR PURPOSES OF THIS SECTION AND THE RECEIPT OF STATE
10 AID.
11 (2) THE HIGHEST PERFORMING ELEVEN PERCENT THROUGH TWENTY PERCENT OF
12 SCHOOL DISTRICTS, AS DETERMINED BY THE COMMISSIONER, SHALL BE AUTHORIZED
13 TO SUBMIT THEIR EXISTING PLANS, TOGETHER WITH A REQUEST FOR WAIVER FROM
14 THE REQUIREMENTS OF SUBMITTING A PLAN AS SET FORTH IN THIS SECTION. A
15 REJECTION OF ANY SUCH PLAN OR REQUEST FOR WAIVER AS TO ANY SCHOOL
16 DISTRICT AUTHORIZED TO SUBMIT SUCH REQUEST, SHALL BE IN WRITING AND
17 SHALL STATE THE COMMISSIONER'S DETERMINATION THAT THE SCHOOL DISTRICT'S
18 REQUEST FOR WAIVER FROM THE REQUIREMENTS OF THIS SECTION HAS BEEN DENIED
19 AND THE RATIONALE FOR SUCH DETERMINATION. THE COMMISSIONER'S GRANT OR
20 DENIAL OF SUCH REQUESTS SHALL BE ISSUED WITHIN THIRTY DAYS OF THE APPLI-
21 CANT'S SUBMISSION OF ITS APPLICATION TO THE COMMISSIONER.
22 (3) A WAIVER ISSUED TO ANY APPLICANT WHOSE EXISTING PLAN HAS BEEN
23 ACCEPTED BY THE COMMISSIONER, SHALL INCLUDE A STATEMENT INDICATING THE
24 LEVEL OF PERFORMANCE AS DETERMINED BY THE COMMISSIONER IN MAKING ITS
25 DETERMINATION, AND SHALL REMAIN IN EFFECT FOR SO LONG AS THE SCHOOL
26 DISTRICT MAINTAINS ITS LEVEL OF PERFORMANCE AT OR ABOVE THE LEVEL AS
27 STATED BY THE COMMISSIONER AT THE TIME OF THE ISSUANCE OF THE WAIVER.
28 ANY WAIVER ISSUED TO A SCHOOL DISTRICT WHICH FALLS BELOW THIS LEVEL
29 SHALL BE DEEMED VOIDED, AND THE SCHOOL DISTRICT SHALL THEREAFTER BE
30 REQUIRED TO SUBMIT A PLAN UNDER THIS SUBDIVISION FOR APPROVAL BY THE
31 COMMISSIONER.
32 (4) THE COMMISSIONER SHALL PUBLISH AND MAKE AVAILABLE TO ALL SCHOOL
33 DISTRICTS ITS FIRST RANKING OF SCHOOLS NO LATER THAN FOURTEEN CALENDAR
34 DAYS AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH; AND NO LATER THAN
35 THE FIRST DAY OF APRIL, EACH YEAR THEREAFTER.
36 S 2. This act shall take effect immediately.
