|SAME AS||SAME AS S07463-A|
|COSPNSR||Ceretto, Raia, Santabarbara, Butler, Lupinacci, Jaffee, Cahill, Skoufis, Sepulveda, Lupardo, Hyndman, Duprey, Lawrence, Murray, Ra, Robinson, Curran, Zebrowski, Palumbo|
|MLTSPNSR||Bichotte, 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.|
|05/09/2016||referred to education|
|05/26/2016||amend and recommit to education|
|05/26/2016||print number 10057a|
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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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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 of20 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. LBD14668-05-6A. 10057--A 2 1 c. "Student growth" shall mean the change in student achievement for2 an individual student between two or more points in time.3 d. "State-designed supplemental assessment" shall mean a selection of4 state tests or assessments developed or designed by the state education5 department, or that the state education department purchased or acquired6 from (i) another state; (ii) an institution of higher education; or7 (iii) a commercial or not-for-profit entity, provided that such entity8 must be objective and may not have a conflict of interest or appearance9 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 growth12 targets or scoring bands for such tests or assessments or otherwise13 adapts the test or assessment to the state education department's14 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 [ multiple20 measures in two categories: student performance] teacher evaluations and 21 teacher observations. 22 a. [ Student performance category. Such category shall have at least23 one subcomponent and an optional second subcomponent as follows:24 (1) For the first subcomponent, (A) for a teacher whose course ends in25 a state-created or administered test for which there is a state-provided26 growth model, such teacher shall have a state-provided growth score27 based on such model, which shall take into consideration certain student28 characteristics, as determined by the commissioner, including but not29 limited to students with disabilities, poverty, English language learner30 status and prior academic history and which shall identify educators31 whose students' growth is well above or well below average compared to32 similar students for a teacher's or principal's students after the33 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 the37 commissioner, that results in a student growth score; provided that, for38 any teacher whose course ends in a state-created or administered assess-39 ment for which there is no state-provided growth model, such assessment40 must be used as the underlying assessment for such SLO;41 (2) For the optional second subcomponent, a district may locally42 select a second measure in accordance with this subparagraph. Such43 second measure shall apply in a consistent manner, to the extent practi-44 cable, across the district and be either: (A) a second state-provided45 growth score on a state-created or administered test under clause (A) of46 subparagraph one of this paragraph, or (B) a growth score based on a47 state-designed supplemental assessment, calculated using a state-provid-48 ed or approved growth model. The optional second subcomponent shall49 provide options for multiple assessment measures that are aligned to50 existing classroom and school best practices and take into consideration51 the recommendations in the testing reduction report as required by52 section one of subpart F of the chapter of the laws of two thousand53 fifteen which added this section regarding the reduction of unnecessary54 additional testing.55 The commissioner shall determine the weights and scoring ranges for56 the subcomponent or subcomponents of the student performance categoryA. 10057--A 3 1 that shall result in a combined category rating. The commissioner shall2 also set parameters for appropriate targets for student growth for both3 subcomponents, and the department must affirmatively approve and shall4 have the authority to disapprove or require modifications of district5 plans that do not set appropriate growth targets, including after6 initial approval. The commissioner shall set such weights and parameters7 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 to15 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 on18 classroom observations by an impartial independent trained evaluator or19 evaluators selected by the district. An independent trained evaluator20 may be employed within the school district, but not the same school21 building, as the teacher being evaluated. Such category may also include22 a subcomponent based on classroom observations conducted by a trained23 peer teacher rated effective or highly effective from the same school or24 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 and42 receives a rating of ineffective in such category shall be rated inef-43 fective overall; provided, however, that if the measure used in the44 second subcomponent is a state-provided growth score on a state-created45 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 who47 receives a rating of ineffective in such category shall not be eligible48 to receive a rating of effective or highly effective overall; (2) rated49 using only the state measure subcomponent in the student performance50 category and receives a rating of ineffective in such category shall not51 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 from55 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 rubric2 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 category25 and receives a rating of ineffective in such category shall be rated26 ineffective overall, except that if the measure used in the second27 subcomponent is a second state-provided growth score on a state-adminis-28 tered or sponsored test pursuant to clause (A) of subparagraph one of29 paragraph a of subdivision four of this section, a teacher or principal30 that receives a rating of ineffective in such category shall not be31 eligible to receive a rating of effective or highly effective overall;32 b. rated using only the state measure subcomponent in the student33 performance category and receives a rating of ineffective in such cate-34 gory shall not be eligible to receive a rating of effective or highly35 effective overall; and36 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 second54 measure is used, which measure to use, pursuant to subparagraph two of55 paragraph a of subdivision four of this section] andA. 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 school6 district shall be eligible for an apportionment of general support for7 public schools from the funds appropriated for the 2015--2016 school8 year and any year thereafter in excess of the amount apportioned to such9 school district in the respective base year unless such school district10 has submitted documentation that has been approved by the commissioner11 by November fifteenth, two thousand fifteen, or by September first of12 each subsequent year, demonstrating that it has fully implemented the13 standards and procedures for conducting annual teacher and principal14 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 this17 section shall not occur prior to April first of the current year and18 shall not have any effect on the base year calculation for use in the19 subsequent school year. For purposes of this section, "base year" shall20 mean the base year as defined in paragraph b of subdivision one of21 section thirty-six hundred two of this chapter, and "current year" shall22 mean the current year as defined in paragraph a of subdivision one of23 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.