A00783 Summary:

BILL NOA00783
 
SAME ASSAME AS UNI. S01262
 
SPONSORBenedetto (MS)
 
COSPNSRHeastie, Nolan, Peoples-Stokes, Jaffee, Weinstein, Abbate, Abinanti, Arroyo, Aubry, Barnwell, Barrett, Barron, Bichotte, Blake, Braunstein, Bronson, Burke, Cahill, Carroll, Colton, Cook, Cruz, Cusick, Cymbrowitz, D'Urso, De La Rosa, DenDekker, Dickens, Dilan, Dinowitz, Englebright, Epstein, Fahy, Fall, Fernandez, Frontus, Galef, Glick, Gottfried, Griffin, Gunther, Hevesi, Hunter, Hyndman, Jacobson, Jean-Pierre, Jones, Joyner, Kim, Lavine, Lentol, Lifton, Lupardo, Magnarelli, McDonald, McMahon, Miller MG, Mosley, Niou, O'Donnell, Ortiz, Otis, Perry, Pheffer Amato, Pichardo, Pretlow, Ramos, Reyes, Richardson, Rivera, Romeo, Rosenthal D, Rosenthal L, Ryan, Santabarbara, Sayegh, Schimminger, Seawright, Simon, Simotas, Solages, Steck, Stern, Stirpe, Taylor, Thiele, Titus, Walker, Wallace, Weprin, Woerner, Zebrowski, DiPietro, Norris, Morinello, Vanel, Buttenschon
 
MLTSPNSRPalmesano, Raynor
 
Amd 3012-d, Ed L; amd Part AA Subpart B 2, Chap 56 of 2014
 
Relates to state assessments and teacher evaluations; makes certain provisions permanent.
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A00783 Actions:

BILL NOA00783
 
01/11/2019referred to education
01/15/2019reported
01/17/2019advanced to third reading cal.10
01/23/2019substituted by s1262
 S01262 AMEND= MAYER
 01/11/2019REFERRED TO EDUCATION
 01/22/2019REPORTED AND COMMITTED TO RULES
 01/22/2019ORDERED TO THIRD READING CAL.37
 01/23/2019PASSED SENATE
 01/23/2019DELIVERED TO ASSEMBLY
 01/23/2019referred to education
 01/23/2019substituted for a783
 01/23/2019ordered to third reading cal.10
 01/23/2019passed assembly
 01/23/2019returned to senate
 04/10/2019DELIVERED TO GOVERNOR
 04/12/2019SIGNED CHAP.27
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A00783 Committee Votes:

EDUCATION Chair:Benedetto DATE:01/15/2019AYE/NAY:30/0 Action: Favorable
BenedettoAyeWalshAye
EnglebrightAyeRaAye
ArroyoAyeMcDonoughAye
MagnarelliAyeLawrenceAye
PaulinAyeMillerAye
RamosAyeMikulinAye
O'DonnellAyeMalliotakisAye
TitusAbsentDiPietroAye
LiftonAye
KimAye
RyanAye
MosleyAye
OtisAye
SeawrightAye
JaffeeAye
HyndmanAye
BronsonAye
SimonAye
Jean-PierreAye
D'UrsoAye
TaylorAye
De La RosaAye
DickensAye

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A00783 Floor Votes:

There are no votes for this bill in this legislative session.
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A00783 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A783
 
SPONSOR: Benedetto (MS)
  TITLE OF BILL: 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, amend- ing 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   PURPOSE: This bill would amend the annual teacher and principal evaluation system to eliminate the mandatory use of state assessments to determine a teacher or principal's effectiveness.   SUMMARY OF PROVISIONS: Section 1 of the bill would establish a new subdivision 16 of section 3012-d of the Education Law to make the use of state-created or adminis- tered tests optional instead of mandatory. This includes all state- created or administered tests including the grades three through eight English language arts and mathematics state tests and the high school Regents examinations. Additionally, the Commissioner would be required to promulgate regulations for alternative assessments that may be used to determine a teacher or principal's evaluation in place of the state- created or administered tests. The selection and use of an assessment in a teacher or principal's evaluation must be subject to collective bargaining. Furthermore, this section allows school districts to keep their current APPR plans until a successor plan is negotiated and entered into, ensuring districts do not lose their state aid increases. Section 2 of the bill modifies subdivision 4 of section 3012-d of the Education Law to eliminate the use of the state-provided growth model in a teacher or principal's evaluation. All teachers would be required to have a student learning objective (SLO) consistent with a goal-setting process determined or developed by the Commissioner as the first subcom- ponent for the student performance category. Section 3 of the bill modifies subdivision 5 of section 3012-d of the Education Law to eliminate certain rules pertaining to state-created or administered tests used to determine a teacher or principal's overall rating. Section 4 of the bill modifies subdivision 7 of section 3012-d of the Education Law to eliminate certain rules pertaining to state-created or administered tests used to determine a teacher or principal's overall rating. Section 5 of the bill modifies subdivision 10 of section 3012-d of the Education Law to provide conforming language. Section 6 of the bill makes permanent provisions prohibiting state-ad- ministered grades 3 through 8 standardized English language arts or mathematics assessments scores to be included on a student's permanent record. Section 7 of the bill provides the effective date as immediately.   JUSTIFICATION: In 2015, New York State adopted a new annual teacher and principal eval- uation system that required the use of state-created or administered assessments as a subcomponent to determine a teacher or principal's effectiveness. This approach to evaluating teacher performance and student achievement has created many disparities and has not been widely accepted by teachers and parents, prompting families to opt out. This bill seeks to maintain the rigorous standards set for teacher and principal evaluations, while simultaneously addressing some of the concerns from parents and educators. Allowing school districts and teachers, who know their students best, the ability to negotiate whether they would like to use the standardized tests in teacher or principal evaluations will ensure that a more fair and effective evaluation system will be established. Furthermore, in order to ensure that schools are not negatively impacted as a result of their choice between retaining their current evaluation system and choosing a new one, this bill provides that school districts will not lose their state aid increases while a district is in the process of negotiating/entering into a successor collective bargaining plan.   LEGISLATIVE HISTORY: 2018: A.10475 (Nolan) Passed Assembly   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This bill will take effect immediately.
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A00783 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 1262                                                   A. 783
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 11, 2019
                                       ___________
 
        IN  SENATE -- Introduced by Sens. MAYER, LIU, ADDABBO, BAILEY, BENJAMIN,
          BIAGGI,  BRESLIN,  BROOKS,  CARLUCCI,  COMRIE,   GAUGHRAN,   GIANARIS,
          GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY, KAPLAN, KAVANAGH,
          KENNEDY, KRUEGER, MARTINEZ, MAY, METZGER, MONTGOMERY,  MYRIE,  PARKER,
          PERSAUD,  RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO,
          SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS -- read twice  and  ordered
          printed,  and  when printed to be committed to the Committee on Educa-
          tion
 
        IN ASSEMBLY --  Introduced  by  M.  of  A.  BENEDETTO,  HEASTIE,  NOLAN,
          PEOPLES-STOKES,  JAFFEE,  WEINSTEIN,  ABBATE, ABINANTI, ARROYO, AUBRY,
          BARNWELL,  BARRETT,  BARRON,  BICHOTTE,  BLAKE,  BRAUNSTEIN,  BRONSON,
          BURKE,  CAHILL,  CARROLL,  COLTON,  COOK,  CRUZ,  CUSICK,  CYMBROWITZ,
          D'URSO, DE LA ROSA, DenDEKKER, DICKENS, DILAN, DINOWITZ,  ENGLEBRIGHT,
          EPSTEIN,  FAHY,  FALL,  FERNANDEZ,  FRONTUS,  GALEF, GLICK, GOTTFRIED,
          GRIFFIN, GUNTHER,  HEVESI,  HUNTER,  HYNDMAN,  JACOBSON,  JEAN-PIERRE,
          JONES, JOYNER, KIM, LAVINE, LENTOL, LIFTON, LUPARDO, MAGNARELLI, McDO-
          NALD,  McMAHON,  M. G. MILLER,  MOSLEY,  NIOU, O'DONNELL, ORTIZ, OTIS,
          PERRY, PHEFFER AMATO, PICHARDO,  PRETLOW,  RAMOS,  REYES,  RICHARDSON,
          RIVERA, ROMEO, D. ROSENTHAL, L. ROSENTHAL, RYAN, SANTABARBARA, SAYEGH,
          SCHIMMINGER, SEAWRIGHT, SIMON, SIMOTAS, SOLAGES, STECK, STERN, STIRPE,
          TAYLOR,  THIELE,  TITUS,  WALKER, WALLACE, WEPRIN, WOERNER, ZEBROWSKI,
          DiPIETRO, NORRIS, MORINELLO -- Multi-Sponsored by -- M. of A. PALMESA-
          NO -- read once and referred 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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05312-01-9

        S. 1262                             2                             A. 783
 
     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
    26  ratings shall be used in determining scores and ratings pursuant to this
    27  section  instead of the grades three through eight English language arts
    28  and mathematics state assessments  until  the  entry  into  a  successor
    29  collective bargaining agreement.
    30    §  2. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section
    31  3012-d of the education law, subparagraph 1 as amended by section  3  of
    32  subpart C of part B of chapter 20 of the laws of 2015 and subparagraph 2
    33  as  added by section 2 of subpart E of part EE of chapter 56 of the laws
    34  of 2015, are amended to read as follows:
    35    (1) For the first subcomponent, [(A) for a teacher whose  course  ends
    36  in  a state-created or administered test for which there is a state-pro-
    37  vided growth model, such teacher  shall  have  a  state-provided  growth
    38  score  based  on such model, which shall take into consideration certain
    39  student characteristics, as determined by  the  commissioner,  including
    40  but not limited to students with disabilities, poverty, English language
    41  learner  status  and  prior  academic  history  and which shall identify
    42  educators whose students' growth is well above  or  well  below  average
    43  compared  to  similar  students  for a teacher's or principal's students
    44  after the certain student characteristics above are taken into  account;
    45  and  (B)  for  a teacher whose course does not end in a state-created or
    46  administered test such teacher] a teacher shall have a student  learning
    47  objective  (SLO)  consistent  with  a goal-setting process determined or
    48  developed by the commissioner, that results in a student  growth  score;
    49  provided  that,  for any teacher whose course ends in a state-created or
    50  administered assessment [for which there  is  no  state-provided  growth
    51  model],  such assessment [must] may be used as the underlying assessment
    52  for such SLO;
    53    (2) For the optional  second  subcomponent,  a  district  may  locally
    54  select  a  second  measure  in  accordance  with this subparagraph. Such
    55  second measure shall apply in a consistent manner, to the extent practi-
    56  cable, across the district and be either: (A) [a  second  state-provided

        S. 1262                             3                             A. 783

     1  growth  score]  based  on  a  state-created  or administered test [under
     2  clause (A) of subparagraph one of this  paragraph],  or  (B)  [a  growth
     3  score]  based  on  a state-designed supplemental assessment[, calculated
     4  using  a  state-provided  or approved growth model]. The optional second
     5  subcomponent shall provide options for multiple assessment measures that
     6  are aligned to existing classroom and school  best  practices  and  take
     7  into  consideration  the recommendations in the testing reduction report
     8  as required by section one of subpart F of  [the  chapter]  part  EE  of
     9  chapter  fifty-six  of the laws of two thousand fifteen which added this
    10  section regarding the reduction of unnecessary additional testing.
    11    § 3. Subdivision 5 of section 3012-d of the education law, as added by
    12  section 2 of subpart E of part EE of chapter 56 of the laws of 2015,  is
    13  amended to read as follows:
    14    5.  Rating  determination.  The  overall rating determination shall be
    15  determined [according to a methodology] as follows:
    16    a. [The following rules shall apply: a teacher or principal who is (1)
    17  rated using two subcomponents in the student  performance  category  and
    18  receives  a  rating of ineffective in such category shall be rated inef-
    19  fective overall; provided, however, that if  the  measure  used  in  the
    20  second  subcomponent is a state-provided growth score on a state-created
    21  or administered test pursuant to clause (A) of subparagraph one of para-
    22  graph a of subdivision four of this section, a teacher or principal  who
    23  receives  a rating of ineffective in such category shall not be eligible
    24  to receive a rating of effective or highly effective overall; (2)  rated
    25  using  only  the  state  measure subcomponent in the student performance
    26  category and receives a rating of ineffective in such category shall not
    27  be eligible to receive a rating of effective or highly  effective  over-
    28  all;  and  (3)  rated  ineffective  in the teacher observations category
    29  shall not be eligible to receive a rating of effective or highly  effec-
    30  tive overall.
    31    b.  Except as otherwise provided in paragraph a of this subdivision, a
    32  teacher's composite score shall be determined as follows:
    33    (1)] If a teacher receives an H in the teacher  observation  category,
    34  and  an  H  in the student performance category, the teacher's composite
    35  score shall be H;
    36    [(2)] b. If a teacher receives an H in the teacher observation catego-
    37  ry, and an E in the student performance category, the teacher's  compos-
    38  ite score shall be H;
    39    [(3)] c. If a teacher receives an H in the teacher observation catego-
    40  ry, and a D in the student performance category, the teacher's composite
    41  score shall be E;
    42    [(4)] d. If a teacher receives an H in the teacher observation catego-
    43  ry,  and an I in the student performance category, the teacher's compos-
    44  ite score shall be D;
    45    [(5)] e. If a teacher receives an E in the teacher observation catego-
    46  ry, and an H in the student performance category, the teacher's  compos-
    47  ite score shall be H;
    48    [(6)] f. If a teacher receives an E in the teacher observation catego-
    49  ry,  and an E in the student performance category, the teacher's compos-
    50  ite score shall be E;
    51    [(7)] g. If a teacher receives an E in the teacher observation catego-
    52  ry, and a D in the student performance category, the teacher's composite
    53  score shall be E;
    54    [(8)] h. If a teacher receives an E in the teacher observation catego-
    55  ry, and an I in the student performance category, the teacher's  compos-
    56  ite score shall be D;

        S. 1262                             4                             A. 783
 
     1    [(9)]  i. If a teacher receives a D in the teacher observation catego-
     2  ry, and an H in the student performance category, the teacher's  compos-
     3  ite score shall be E;
     4    [(10)] j. If a teacher receives a D in the teacher observation catego-
     5  ry,  and an E in the student performance category, the teacher's compos-
     6  ite score shall be E;
     7    [(11)] k. If a teacher receives a D in the teacher observation catego-
     8  ry, and a D in the student performance category, the teacher's composite
     9  score shall be D;
    10    [(12)] l. If a teacher receives a D in the teacher observation catego-
    11  ry, and an I in the student performance category, the teacher's  compos-
    12  ite score shall be I;
    13    [(13)]  m. If a teacher receives an I in the teacher observation cate-
    14  gory, and an H  in  the  student  performance  category,  the  teacher's
    15  composite score shall be D;
    16    [(14)]  n. If a teacher receives an I in the teacher observation cate-
    17  gory, and an E  in  the  student  performance  category,  the  teacher's
    18  composite score shall be D;
    19    [(15)]  o. If a teacher receives an I in the teacher observation cate-
    20  gory, and a D in the student performance category, the teacher's compos-
    21  ite score shall be I;
    22    [(16)] p. If a teacher receives an I in the teacher observation  cate-
    23  gory,  and  an  I  in  the  student  performance category, the teacher's
    24  composite score shall be I.
    25    § 4. Subdivision 7 of section 3012-d of the education law, as added by
    26  section 2 of subpart E of part EE of chapter 56 of the laws of 2015,  is
    27  amended to read as follows:
    28    7. The commissioner shall ensure that the process by which weights and
    29  scoring ranges are assigned to subcomponents and categories is transpar-
    30  ent  and  available  to  those  being rated before the beginning of each
    31  school year. Such process must ensure that it is possible for a  teacher
    32  or  principal  to  obtain any number of points in the applicable scoring
    33  ranges,  including  zero,  in  each  subcomponent.  The  superintendent,
    34  district  superintendent  or  chancellor  and  the representative of the
    35  collective bargaining unit (where  one  exists)  shall  certify  in  the
    36  district's  plan that the evaluation process shall use the standards for
    37  the scoring ranges provided by the commissioner.    [Provided,  however,
    38  that in any event, the following rules shall apply: a teacher or princi-
    39  pal who is:
    40    a.  rated  using two subcomponents in the student performance category
    41  and receives a rating of ineffective in such  category  shall  be  rated
    42  ineffective  overall,  except  that  if  the  measure used in the second
    43  subcomponent is a second state-provided growth score on a state-adminis-
    44  tered or sponsored test pursuant to clause (A) of  subparagraph  one  of
    45  paragraph  a of subdivision four of this section, a teacher or principal
    46  that receives a rating of ineffective in  such  category  shall  not  be
    47  eligible to receive a rating of effective or highly effective overall;
    48    b.  rated  using  only  the  state measure subcomponent in the student
    49  performance category and receives a rating of ineffective in such  cate-
    50  gory  shall  not  be eligible to receive a rating of effective or highly
    51  effective overall; and
    52    c. rated ineffective in the observations category shall not be  eligi-
    53  ble to receive a rating of effective or highly effective overall.]
    54    §  5.  Subdivision 10 of section 3012-d of the education law, as added
    55  by section 2 of subpart E of part EE of chapter 56 of the laws of  2015,
    56  is amended to read as follows:

        S. 1262                             5                             A. 783
 
     1    10.  The  local  collective  bargaining representative shall negotiate
     2  with the district:
     3    a.  whether  to  use a second measure, and, in the event that a second
     4  measure is used, which measure to use, pursuant to subparagraph  two  of
     5  paragraph a of subdivision four of this section [and];
     6    b.  how to implement the provisions of paragraph b of subdivision four
     7  of this section,  and  associated  regulations  as  established  by  the
     8  commissioner,  in  accordance with article fourteen of the civil service
     9  law; and
    10    c. the selection and use of an assessment in a teacher or  principal's
    11  evaluation pursuant to subdivision four of this section and paragraphs a
    12  and b of subdivision sixteen of this section.
    13    §  6.  Section  2 of subpart B of part AA of chapter 56 of the laws of
    14  2014 amending the education law relating to providing that  standardized
    15  test  scores  shall  not be included on a student's permanent record, as
    16  amended by section 35 of part CCC of chapter 59 of the laws of 2018,  is
    17  amended to read as follows:
    18    §  2.  This act shall take effect immediately [and shall expire and be
    19  deemed repealed on December 31, 2019].
    20    § 7. This act shall take effect immediately.
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