A10057 Summary:

BILL NOA10057A
 
SAME ASSAME AS S07463-A
 
SPONSORBrindisi
 
COSPNSRCeretto, Raia, Santabarbara, Butler, Lupinacci, Jaffee, Cahill, Skoufis, Sepulveda, Lupardo, Hyndman, Duprey, Lawrence, Murray, Ra, Robinson, Curran, Zebrowski, Palumbo
 
MLTSPNSRBichotte, Crouch, Englebright, Magee
 
Amd 3012-d, Ed L
 
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.
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A10057 Actions:

BILL NOA10057A
 
05/09/2016referred to education
05/26/2016amend and recommit to education
05/26/2016print number 10057a
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A10057 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10057A
 
SPONSOR: Brindisi
  TITLE OF BILL: An act to amend the education law, in relation to annual teacher evalu- ations   PURPOSE: Directs the Board of Regents to establish a committee of educators to develop a research based evaluation model to measure teacher performance and to minimize the link between student test scores and the profes- sional performance evaluation of educators. The bill also shifts the determination of evaluations provisions from the Commissioner of Educa- tion to the Board of Regents.   SUMMARY OF PROVISIONS: Section 3012-d of the education law, as added by section 2 of subpart E of part EE of chapter 56 of the laws of 2015 and subparagraph 1 of para- graph a of subdivision 4 as amended by section 3 of subpart C of "part B of chapter 20 of the laws of 2015, is amended.   JUSTIFICATION: Our state's educational testing procedures have run amok of the original intent and have evolved into such a complex set of regulations that even educational experts struggle to keep up with the convoluted edicts. And, when our experts struggle, we must recognize the devastating impact this has on laypeople, like parents, students, and taxpayers who foot the bill for something they no longer understand. These regulations have resulted in the strangulation of educators' classroom creativity, the stifling of imagination and the prevention of the cultivation of the innovative brand of talent we need in our future workforce. This cookie-cutter approach to learning and teaching has always overlooked a critical element of education that our state's educators have always recognized - there are many paths leading to success and those paths can be as diverse as our state's student popu- lation. It is past time that we take the first step toward dismantling this ill-advised climate of high-stakes testing. This bill will diminish the link between student test scores and professional teacher evaluations, thereby allowing our teachers to truly teach once again, allowing our school administrators to run their schools and evaluate the people who educate our children in a manner that can be understood by the people paying the bills.   LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: This act shall take effect on the first of August next succeeding the date on which it shall have become a law.
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A10057 Text:



 
                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 of
    20  this 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.
                                                                   LBD14668-05-6

        A. 10057--A                         2

     1    c.  "Student  growth" shall mean the change in student achievement for
     2  an individual student between two or more points in time.
     3    d.  "State-designed supplemental assessment" shall mean a selection of
     4  state tests or assessments developed or designed by the state  education
     5  department, or that the state education department purchased or acquired
     6  from  (i)  another  state;  (ii)  an institution of higher education; or
     7  (iii) a commercial or not-for-profit entity, provided that  such  entity
     8  must  be objective and may not have a conflict of interest or appearance
     9  of a conflict of interest; such definition may include tests or  assess-
    10  ments that have been previously designed or acquired by local districts,
    11  but only if the state education department significantly modifies growth
    12  targets  or  scoring  bands  for  such tests or assessments or otherwise
    13  adapts the test  or  assessment  to  the  state  education  department's
    14  requirements].
    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 [multiple
    20  measures in two categories: student performance] teacher evaluations and
    21  teacher observations.
    22    a. [Student performance category. Such category shall  have  at  least
    23  one subcomponent and an optional second subcomponent as follows:
    24    (1) For the first subcomponent, (A) for a teacher whose course ends in
    25  a state-created or administered test for which there is a state-provided
    26  growth  model,  such  teacher  shall  have a state-provided growth score
    27  based on such model, which shall take into consideration certain student
    28  characteristics, as determined by the commissioner,  including  but  not
    29  limited to students with disabilities, poverty, English language learner
    30  status  and  prior  academic  history and which shall identify educators
    31  whose students' growth is well above or well below average  compared  to
    32  similar  students  for  a  teacher's  or  principal's students after the
    33  certain student characteristics above are taken into  account;  and  (B)
    34  for  a  teacher whose course does not end in a state-created or adminis-
    35  tered test such teacher shall have a student  learning  objective  (SLO)
    36  consistent  with  a  goal-setting process determined or developed by the
    37  commissioner, that results in a student growth score; provided that, for
    38  any teacher whose course ends in a state-created or administered assess-
    39  ment for which there is no state-provided growth model, such  assessment
    40  must be used as the underlying assessment for such SLO;
    41    (2)  For  the  optional  second  subcomponent,  a district may locally
    42  select a second measure  in  accordance  with  this  subparagraph.  Such
    43  second measure shall apply in a consistent manner, to the extent practi-
    44  cable,  across  the  district and be either: (A) a second state-provided
    45  growth score on a state-created or administered test under clause (A) of
    46  subparagraph one of this paragraph, or (B) a growth  score  based  on  a
    47  state-designed supplemental assessment, calculated using a state-provid-
    48  ed  or  approved  growth  model.  The optional second subcomponent shall
    49  provide options for multiple assessment measures  that  are  aligned  to
    50  existing classroom and school best practices and take into consideration
    51  the  recommendations  in  the  testing  reduction  report as required by
    52  section one of subpart F of the chapter of  the  laws  of  two  thousand
    53  fifteen  which added this section regarding the reduction of unnecessary
    54  additional testing.
    55    The commissioner shall determine the weights and  scoring  ranges  for
    56  the  subcomponent  or  subcomponents of the student performance category

        A. 10057--A                         3

     1  that shall result in a combined category rating. The commissioner  shall
     2  also  set parameters for appropriate targets for student growth for both
     3  subcomponents, and the department must affirmatively approve  and  shall
     4  have  the  authority  to disapprove or require modifications of district
     5  plans that do  not  set  appropriate  growth  targets,  including  after
     6  initial approval. The commissioner shall set such weights and parameters
     7  consistent  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  to
    15  three  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 on
    18  classroom  observations by an impartial independent trained evaluator or
    19  evaluators selected by the district. An  independent  trained  evaluator
    20  may  be  employed  within  the  school district, but not the same school
    21  building, as the teacher being evaluated. Such category may also include
    22  a subcomponent based on classroom observations conducted  by  a  trained
    23  peer teacher rated effective or highly effective from the same school or
    24  from 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 and
    42  receives a rating of ineffective in such category shall be  rated  inef-
    43  fective  overall;  provided,  however,  that  if the measure used in the
    44  second subcomponent is a state-provided growth score on a  state-created
    45  or administered test pursuant to clause (A) of subparagraph one of para-
    46  graph  a of subdivision four of this section, a teacher or principal who
    47  receives a rating of ineffective in such category shall not be  eligible
    48  to  receive a rating of effective or highly effective overall; (2) rated
    49  using only the state measure subcomponent  in  the  student  performance
    50  category and receives a rating of ineffective in such category shall not
    51  be  eligible  to receive a rating of effective or highly effective over-
    52  all; 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 from
    55  lesson plans, other artifacts of teacher practice, and  student  portfo-

        A. 10057--A                         5

     1  lios,  except for student portfolios measured by a state-approved rubric
     2  where permitted by the department;
     3    b.] 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 category
    25  and receives a rating of ineffective in such  category  shall  be  rated
    26  ineffective  overall,  except  that  if  the  measure used in the second
    27  subcomponent is a second state-provided growth score on a state-adminis-
    28  tered or sponsored test pursuant to clause (A) of  subparagraph  one  of
    29  paragraph  a of subdivision four of this section, a teacher or principal
    30  that receives a rating of ineffective in  such  category  shall  not  be
    31  eligible to receive a rating of effective or highly effective overall;
    32    b.  rated  using  only  the  state measure subcomponent in the student
    33  performance category and receives a rating of ineffective in such  cate-
    34  gory  shall  not  be eligible to receive a rating of effective or highly
    35  effective overall; and
    36    c.] 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  second
    54  measure  is  used, which measure to use, pursuant to subparagraph two of
    55  paragraph a of subdivision four of this section] and

        A. 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 school
     6  district shall be eligible for an apportionment of general  support  for
     7  public  schools  from  the  funds appropriated for the 2015--2016 school
     8  year and any year thereafter in excess of the amount apportioned to such
     9  school district in the respective base year unless such school  district
    10  has  submitted  documentation that has been approved by the commissioner
    11  by November fifteenth, two thousand fifteen, or by  September  first  of
    12  each  subsequent  year,  demonstrating that it has fully implemented the
    13  standards and procedures for conducting  annual  teacher  and  principal
    14  evaluations  of  teachers and principals in accordance with the require-
    15  ments of this section and the regulations issued  by  the  commissioner.
    16  Provided  further  that  any  apportionment  withheld  pursuant  to this
    17  section shall not occur prior to April first of  the  current  year  and
    18  shall  not  have  any effect on the base year calculation for use in the
    19  subsequent school year. For purposes of this section, "base year"  shall
    20  mean  the  base  year  as  defined  in paragraph b of subdivision one of
    21  section thirty-six hundred two of this chapter, and "current year" shall
    22  mean the current year as defined in paragraph a of  subdivision  one  of
    23  section 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.
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