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.
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.
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.