Bill Text: NY S08301 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to state assessments and teacher evaluations; makes certain provisions permanent.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-05-31 - REPORTED AND COMMITTED TO RULES [S08301 Detail]

Download: New_York-2017-S08301-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8301
                    IN SENATE
                                     April 27, 2018
                                       ___________
        Introduced by Sens. MARCELLINO, TEDISCO -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Education
        AN  ACT to amend the education law, in relation to state assessments and
          teacher evaluations; and to amend chapter 56  of  the  laws  of  2014,
          amending  the  education  law  relating to providing that standardized
          test scores shall not be included on a student's permanent record,  in
          relation to making certain provisions permanent
          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 is amended by adding  a
     2  new subdivision 16 to read as follows:
     3    16.  a. Notwithstanding any other provision of law, rule or regulation
     4  to the contrary, the grades three through eight  English  language  arts
     5  and  mathematics state assessments and all other state-created or admin-
     6  istered tests shall not be required to be  utilized  in  any  manner  to
     7  determine a teacher or principal evaluation required by this section.
     8    b.  The  commissioner shall promulgate rules and regulations providing
     9  alternative assessments that may be used in grades three  through  eight
    10  instead  of  all  other state-created or administered tests, which shall
    11  include all of the assessments that have been approved  by  the  commis-
    12  sioner for use in determining transition scores and ratings.
    13    c.  The selection and use of an assessment in a teacher or principal's
    14  evaluation pursuant to paragraphs a and b of this subdivision and subdi-
    15  vision four of this section shall be subject  to  collective  bargaining
    16  pursuant to article fourteen of the civil service law.
    17    d. Notwithstanding any provision of subdivision twelve of this section
    18  to  the contrary, nothing in this section shall be construed to abrogate
    19  any conflicting provisions of any  collective  bargaining  agreement  in
    20  effect  on  the  date  this subdivision takes effect and until the entry
    21  into a successor collective bargaining agreement, provided that notwith-
    22  standing any other provision of law to the contrary, upon expiration  of
    23  such term and the entry into a successor collective bargaining agreement
    24  the  provisions  of this subdivision shall apply; and, provided further,
    25  however, that any assessments used in determining transition scores  and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15596-02-8
        S. 8301                             2
     1  ratings shall be used in determining scores and ratings pursuant to this
     2  section  instead of the grades three through eight English language arts
     3  and mathematics state assessments  until  the  entry  into  a  successor
     4  collective bargaining agreement.
     5    §  2. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section
     6  3012-d of the education law, subparagraph 1 as amended by section  3  of
     7  subpart C of part B of chapter 20 of the laws of 2015 and subparagraph 2
     8  as  added by section 2 of subpart E of part EE of chapter 56 of the laws
     9  of 2015, are amended to read as follows:
    10    (1) For the first subcomponent, [(A) for a teacher whose  course  ends
    11  in  a state-created or administered test for which there is a state-pro-
    12  vided growth model, such teacher  shall  have  a  state-provided  growth
    13  score  based  on such model, which shall take into consideration certain
    14  student characteristics, as determined by  the  commissioner,  including
    15  but not limited to students with disabilities, poverty, English language
    16  learner  status  and  prior  academic  history  and which shall identify
    17  educators whose students' growth is well above  or  well  below  average
    18  compared  to  similar  students  for a teacher's or principal's students
    19  after the certain student characteristics above are taken into  account;
    20  and  (B)  for  a teacher whose course does not end in a state-created or
    21  administered test such teacher] a teacher shall have a student  learning
    22  objective  (SLO)  consistent  with  a goal-setting process determined or
    23  developed by the commissioner, that results in a student  growth  score;
    24  provided  that,  for any teacher whose course ends in a state-created or
    25  administered assessment [for which there  is  no  state-provided  growth
    26  model],  such assessment [must] may be used as the underlying assessment
    27  for such SLO;
    28    (2) For the optional  second  subcomponent,  a  district  may  locally
    29  select  a  second  measure  in  accordance  with this subparagraph. Such
    30  second measure shall apply in a consistent manner, to the extent practi-
    31  cable, across the district and be either: (A) [a  second  state-provided
    32  growth  score]  based  on  a  state-created  or administered test [under
    33  clause (A) of subparagraph one of this  paragraph],  or  (B)  [a  growth
    34  score]  based  on  a state-designed supplemental assessment[, calculated
    35  using a state-provided or approved growth model].  The  optional  second
    36  subcomponent shall provide options for multiple assessment measures that
    37  are  aligned  to  existing  classroom and school best practices and take
    38  into consideration the recommendations in the testing  reduction  report
    39  as  required  by  section  one  of subpart F of [the chapter] part EE of
    40  chapter fifty-six of the laws of two thousand fifteen which  added  this
    41  section regarding the reduction of unnecessary additional testing.
    42    § 3. Subdivision 5 of section 3012-d of the education law, as added by
    43  section  2 of subpart E of part EE of chapter 56 of the laws of 2015, is
    44  amended to read as follows:
    45    5. Rating determination. The overall  rating  determination  shall  be
    46  determined [according to a methodology] as follows:
    47    a. [The following rules shall apply: a teacher or principal who is (1)
    48  rated  using  two  subcomponents in the student performance category and
    49  receives a rating of ineffective in such category shall be  rated  inef-
    50  fective  overall;  provided,  however,  that  if the measure used in the
    51  second subcomponent is a state-provided growth score on a  state-created
    52  or administered test pursuant to clause (A) of subparagraph one of para-
    53  graph  a of subdivision four of this section, a teacher or principal who
    54  receives a rating of ineffective in such category shall not be  eligible
    55  to  receive a rating of effective or highly effective overall; (2) rated
    56  using only the state measure subcomponent  in  the  student  performance
        S. 8301                             3

     1  category and receives a rating of ineffective in such category shall not
     2  be  eligible  to receive a rating of effective or highly effective over-
     3  all; and (3) rated ineffective  in  the  teacher  observations  category
     4  shall  not be eligible to receive a rating of effective or highly effec-
     5  tive overall.
     6    b. Except as otherwise provided in paragraph a of this subdivision,  a
     7  teacher's composite score shall be determined as follows:
     8    (1)]  If  a teacher receives an H in the teacher observation category,
     9  and an H in the student performance category,  the  teacher's  composite
    10  score shall be H;
    11    [(2)] b. If a teacher receives an H in the teacher observation catego-
    12  ry,  and an E in the student performance category, the teacher's compos-
    13  ite score shall be H;
    14    [(3)] c. If a teacher receives an H in the teacher observation catego-
    15  ry, and a D in the student performance category, the teacher's composite
    16  score shall be E;
    17    [(4)] d. If a teacher receives an H in the teacher observation catego-
    18  ry, and an I in the student performance category, the teacher's  compos-
    19  ite score shall be D;
    20    [(5)] e. If a teacher receives an E in the teacher observation catego-
    21  ry,  and an H in the student performance category, the teacher's compos-
    22  ite score shall be H;
    23    [(6)] f. If a teacher receives an E in the teacher observation catego-
    24  ry, and an E in the student performance category, the teacher's  compos-
    25  ite score shall be E;
    26    [(7)] g. If a teacher receives an E in the teacher observation catego-
    27  ry, and a D in the student performance category, the teacher's composite
    28  score shall be E;
    29    [(8)] h. If a teacher receives an E in the teacher observation catego-
    30  ry,  and an I in the student performance category, the teacher's compos-
    31  ite score shall be D;
    32    [(9)] i. If a teacher receives a D in the teacher observation  catego-
    33  ry,  and an H in the student performance category, the teacher's compos-
    34  ite score shall be E;
    35    [(10)] j. If a teacher receives a D in the teacher observation catego-
    36  ry, and an E in the student performance category, the teacher's  compos-
    37  ite score shall be E;
    38    [(11)] k. If a teacher receives a D in the teacher observation catego-
    39  ry, and a D in the student performance category, the teacher's composite
    40  score shall be D;
    41    [(12)] l. If a teacher receives a D in the teacher observation catego-
    42  ry,  and an I in the student performance category, the teacher's compos-
    43  ite score shall be I;
    44    [(13)] m. If a teacher receives an I in the teacher observation  cate-
    45  gory,  and  an  H  in  the  student  performance category, the teacher's
    46  composite score shall be D;
    47    [(14)] n. If a teacher receives an I in the teacher observation  cate-
    48  gory,  and  an  E  in  the  student  performance category, the teacher's
    49  composite score shall be D;
    50    [(15)] o. If a teacher receives an I in the teacher observation  cate-
    51  gory, and a D in the student performance category, the teacher's compos-
    52  ite score shall be I;
    53    [(16)]  p. If a teacher receives an I in the teacher observation cate-
    54  gory, and an I  in  the  student  performance  category,  the  teacher's
    55  composite score shall be I.
        S. 8301                             4
     1    § 4. Subdivision 7 of section 3012-d of the education law, as added by
     2  section  2 of subpart E of part EE of chapter 56 of the laws of 2015, is
     3  amended to read as follows:
     4    7. The commissioner shall ensure that the process by which weights and
     5  scoring ranges are assigned to subcomponents and categories is transpar-
     6  ent  and  available  to  those  being rated before the beginning of each
     7  school year. Such process must ensure that it is possible for a  teacher
     8  or  principal  to  obtain any number of points in the applicable scoring
     9  ranges,  including  zero,  in  each  subcomponent.  The  superintendent,
    10  district  superintendent  or  chancellor  and  the representative of the
    11  collective bargaining unit (where  one  exists)  shall  certify  in  the
    12  district's  plan that the evaluation process shall use the standards for
    13  the scoring ranges provided by the commissioner.    [Provided,  however,
    14  that in any event, the following rules shall apply: a teacher or princi-
    15  pal who is:
    16    a.  rated  using two subcomponents in the student performance category
    17  and receives a rating of ineffective in such  category  shall  be  rated
    18  ineffective  overall,  except  that  if  the  measure used in the second
    19  subcomponent is a second state-provided growth score on a state-adminis-
    20  tered or sponsored test pursuant to clause (A) of  subparagraph  one  of
    21  paragraph  a of subdivision four of this section, a teacher or principal
    22  that receives a rating of ineffective in  such  category  shall  not  be
    23  eligible to receive a rating of effective or highly effective overall;
    24    b.  rated  using  only  the  state measure subcomponent in the student
    25  performance category and receives a rating of ineffective in such  cate-
    26  gory  shall  not  be eligible to receive a rating of effective or highly
    27  effective overall; and
    28    c. rated ineffective in the observations category shall not be  eligi-
    29  ble to receive a rating of effective or highly effective overall.]
    30    §  5.  Subdivision 10 of section 3012-d of the education law, as added
    31  by section 2 of subpart E of part EE of chapter 56 of the laws of  2015,
    32  is amended to read as follows:
    33    10.  The  local  collective  bargaining representative shall negotiate
    34  with the district:
    35    a. whether to use a second measure, and, in the event  that  a  second
    36  measure  is  used, which measure to use, pursuant to subparagraph two of
    37  paragraph a of subdivision four of this section [and];
    38    b. how to implement the provisions of paragraph b of subdivision  four
    39  of  this  section,  and  associated  regulations  as  established by the
    40  commissioner, in accordance with article fourteen of the  civil  service
    41  law; and
    42    c.  the selection and use of an assessment in a teacher or principal's
    43  evaluation pursuant to subdivision four of this section and paragraphs a
    44  and b of subdivision sixteen of this section.
    45    § 6. Section 2 of subpart B of part AA of chapter 56 of  the  laws  of
    46  2014  amending the education law relating to providing that standardized
    47  test scores shall not be included on a student's  permanent  record,  as
    48  amended  by section 35 of part CCC of chapter 59 of the laws of 2018, is
    49  amended to read as follows:
    50    § 2. This act shall take effect immediately [and shall expire  and  be
    51  deemed repealed on December 31, 2019].
    52    § 7. This act shall take effect immediately.