N.Y. Educ. Law § 3012-d

§ 3012-d. Annual teacher and principal evaluations. 1. General\nprovisions. Notwithstanding any other provision of law, rule or\nregulation to the contrary, the annual teacher and principal evaluations\n(hereinafter, evaluations) implemented by districts shall be conducted\nin accordance with the provisions of this section. Such annual\nevaluations shall be a significant factor for employment decisions\nincluding but not limited to, promotion, retention, tenure\ndetermination, termination, and supplemental compensation. Such\nevaluations shall also be a significant factor in teacher and principal\ndevelopment including but not limited to coaching, induction support,\nand differentiated professional development.\n 2. Definitions.\n a. "District" shall mean school district and/or board of cooperative\neducational services, except that for purposes of subdivision eleven of\nthis section it shall only mean a school district;\n b. "Principal" shall mean a building principal or an administrator in\ncharge of an instructional program of a board of cooperative educational\nservices;\n c. "Student growth" shall mean the change in student achievement for\nan individual student between two or more points in time.\n d. "State-designed supplemental assessment" shall mean a selection of\nstate tests or assessments developed or designed by the state education\ndepartment, or that the state education department purchased or acquired\nfrom (i) another state; (ii) an institution of higher education; or\n(iii) a commercial or not-for-profit entity, provided that such entity\nmust be objective and may not have a conflict of interest or appearance\nof a conflict of interest; such definition may include tests or\nassessments that have been previously designed or acquired by local\ndistricts, but only if the state education department significantly\nmodifies growth targets or scoring bands for such tests or assessments\nor otherwise adapts the test or assessment to the state education\ndepartment's requirements.\n 3. Ratings. The annual evaluations conducted pursuant to this section\nshall rate teacher and principal effectiveness using the following\ncategories: highly effective or "H", effective or "E", developing or "D"\nand ineffective or "I".\n 4. Categories. The annual evaluation system shall consist of multiple\nmeasures in two categories: student performance and teacher\nobservations.\n a. Student performance category. Such category shall have at least one\nsubcomponent and an optional second subcomponent as follows:\n (1) For the first subcomponent, (A) for a teacher whose course ends in\na state-created or administered test for which there is a state-provided\ngrowth model, such teacher shall have a state-provided growth score\nbased on such model, which shall take into consideration certain student\ncharacteristics, as determined by the commissioner, including but not\nlimited to students with disabilities, poverty, English language learner\nstatus and prior academic history and which shall identify educators\nwhose students' growth is well above or well below average compared to\nsimilar students for a teacher's or principal's students after the\ncertain student characteristics above are taken into account; and (B)\nfor a teacher whose course does not end in a state-created or\nadministered test such teacher shall have a student learning objective\n(SLO) consistent with a goal-setting process determined or developed by\nthe commissioner, that results in a student growth score; provided that,\nfor any teacher whose course ends in a state-created or administered\nassessment for which there is no state-provided growth model, such\nassessment must be used as the underlying assessment for such SLO;\n (2) For the optional second subcomponent, a district may locally\nselect a second measure in accordance with this subparagraph. Such\nsecond measure shall apply in a consistent manner, to the extent\npracticable, across the district and be either: (A) a second\nstate-provided growth score on a state-created or administered test\nunder clause (A) of subparagraph one of this paragraph, or (B) a growth\nscore based on a state-designed supplemental assessment, calculated\nusing a state-provided or approved growth model. The optional second\nsubcomponent shall provide options for multiple assessment measures that\nare aligned to existing classroom and school best practices and take\ninto consideration the recommendations in the testing reduction report\nas required by section one of subpart F of the chapter of the laws of\ntwo thousand fifteen which added this section regarding the reduction of\nunnecessary additional testing.\n The commissioner shall determine the weights and scoring ranges for\nthe subcomponent or subcomponents of the student performance category\nthat shall result in a combined category rating. The commissioner shall\nalso set parameters for appropriate targets for student growth for both\nsubcomponents, and the department must affirmatively approve and shall\nhave the authority to disapprove or require modifications of district\nplans that do not set appropriate growth targets, including after\ninitial approval. The commissioner shall set such weights and parameters\nconsistent with the terms contained herein.\n b. Teacher observations category. The observations category for\nteachers shall be based on a state-approved rubric and shall include up\nto three subcomponents. Such category must include: (1) a subcomponent\nbased on classroom observations conducted by a principal or other\ntrained administrator and must also include (2) a subcomponent based on\nclassroom observations by an impartial independent trained evaluator or\nevaluators selected by the district. An independent trained evaluator\nmay be employed within the school district, but not the same school\nbuilding, as the teacher being evaluated. Such category may also include\na subcomponent based on classroom observations conducted by a trained\npeer teacher rated effective or highly effective from the same school or\nfrom another school in the district.\n The commissioner shall determine the weights, and/or weighting options\nand scoring ranges for the subcomponents of the observations category\nthat result in a combined category rating. The commissioner shall also\ndetermine the minimum number of observations to be conducted annually,\nincluding frequency and duration, and any parameters therefor. The\ncommissioner shall set such weights and scores consistent with the terms\ncontained herein.\n 5. Rating determination. The overall rating determination shall be\ndetermined according to a methodology as follows:\n a. The following rules shall apply: a teacher or principal who is (1)\nrated using two subcomponents in the student performance category and\nreceives a rating of ineffective in such category shall be rated\nineffective overall; provided, however, that if the measure used in the\nsecond subcomponent is a state-provided growth score on a state-created\nor administered test pursuant to clause (A) of subparagraph one of\nparagraph a of subdivision four of this section, a teacher or principal\nwho receives a rating of ineffective in such category shall not be\neligible to receive a rating of effective or highly effective overall;\n(2) rated using only the state measure subcomponent in the student\nperformance category and receives a rating of ineffective in such\ncategory shall not be eligible to receive a rating of effective or\nhighly effective overall; and (3) rated ineffective in the teacher\nobservations category shall not be eligible to receive a rating of\neffective or highly effective overall.\n b. Except as otherwise provided in paragraph a of this subdivision, a\nteacher's composite score shall be determined as follows:\n (1) If a teacher receives an H in the teacher observation category,\nand an H in the student performance category, the teacher's composite\nscore shall be H;\n (2) If a teacher receives an H in the teacher observation category,\nand an E in the student performance category, the teacher's composite\nscore shall be H;\n (3) If a teacher receives an H in the teacher observation category,\nand a D in the student performance category, the teacher's composite\nscore shall be E;\n (4) If a teacher receives an H in the teacher observation category,\nand an I in the student performance category, the teacher's composite\nscore shall be D;\n (5) If a teacher receives an E in the teacher observation category,\nand an H in the student performance category, the teacher's composite\nscore shall be H;\n (6) If a teacher receives an E in the teacher observation category,\nand an E in the student performance category, the teacher's composite\nscore shall be E;\n (7) If a teacher receives an E in the teacher observation category,\nand a D in the student performance category, the teacher's composite\nscore shall be E;\n (8) If a teacher receives an E in the teacher observation category,\nand an I in the student performance category, the teacher's composite\nscore shall be D;\n (9) If a teacher receives a D in the teacher observation category, and\nan H in the student performance category, the teacher's composite score\nshall be E;\n (10) If a teacher receives a D in the teacher observation category,\nand an E in the student performance category, the teacher's composite\nscore shall be E;\n (11) If a teacher receives a D in the teacher observation category,\nand a D in the student performance category, the teacher's composite\nscore shall be D;\n (12) If a teacher receives a D in the teacher observation category,\nand an I in the student performance category, the teacher's composite\nscore shall be I;\n (13) If a teacher receives an I in the teacher observation category,\nand an H in the student performance category, the teacher's composite\nscore shall be D;\n (14) If a teacher receives an I in the teacher observation category,\nand an E in the student performance category, the teacher's composite\nscore shall be D;\n (15) If a teacher receives an I in the teacher observation category,\nand a D in the student performance category, the teacher's composite\nscore shall be I;\n (16) If a teacher receives an I in the teacher observation category,\nand an I in the student performance category, the teacher's composite\nscore shall be I.\n 6. Prohibited elements. The following elements shall no longer be\neligible to be used in any evaluation subcomponent pursuant to this\nsection:\n a. evidence of student development and performance derived from lesson\nplans, other artifacts of teacher practice, and student portfolios,\nexcept for student portfolios measured by a state-approved rubric where\npermitted by the department;\n b. use of an instrument for parent or student feedback;\n c. use of professional goal-setting as evidence of teacher or\nprincipal effectiveness;\n d. any district or regionally-developed assessment that has not been\napproved by the department; and\n e. any growth or achievement target that does not meet the minimum\nstandards as set forth in regulations of the commissioner adopted\nhereunder.\n 7. The commissioner shall ensure that the process by which weights and\nscoring ranges are assigned to subcomponents and categories is\ntransparent and available to those being rated before the beginning of\neach school year. Such process must ensure that it is possible for a\nteacher or principal to obtain any number of points in the applicable\nscoring ranges, including zero, in each subcomponent. The\nsuperintendent, district superintendent or chancellor and the\nrepresentative of the collective bargaining unit (where one exists)\nshall certify in the district's plan that the evaluation process shall\nuse the standards for the scoring ranges provided by the commissioner.\nProvided, however, that in any event, the following rules shall apply: a\nteacher or principal who is:\n a. rated using two subcomponents in the student performance category\nand receives a rating of ineffective in such category shall be rated\nineffective overall, except that if the measure used in the second\nsubcomponent is a second state-provided growth score on a\nstate-administered or sponsored test pursuant to clause (A) of\nsubparagraph one of paragraph a of subdivision four of this section, a\nteacher or principal that receives a rating of ineffective in such\ncategory shall not be eligible to receive a rating of effective or\nhighly effective overall;\n b. rated using only the state measure subcomponent in the student\nperformance category and receives a rating of ineffective in such\ncategory shall not be eligible to receive a rating of effective or\nhighly effective overall; and\n c. rated ineffective in the observations category shall not be\neligible to receive a rating of effective or highly effective overall.\n 8. A student may not be instructed, for two consecutive school years,\nby any two teachers in the same district, each of whom received a rating\nof ineffective under an evaluation conducted pursuant to this section in\nthe school year immediately prior to the school year in which the\nstudent is placed in the teacher's classroom; provided, that if a\ndistrict deems it impracticable to comply with this subdivision, the\ndistrict shall seek a waiver from the department from such requirement.\n 9. Nothing in this section shall be construed to affect the unfettered\nstatutory right of a district to terminate a probationary (non-tenured)\nteacher or principal for any statutorily and constitutionally\npermissible reasons.\n 10. The local collective bargaining representative shall negotiate\nwith the district:\n a. whether to use a second measure, and, in the event that a second\nmeasure is used, which measure to use, pursuant to subparagraph two of\nparagraph a of subdivision four of this section and\n b. how to implement the provisions of paragraph b of subdivision four\nof this section, and associated regulations as established by the\ncommissioner, in accordance with article fourteen of the civil service\nlaw.\n 11. Notwithstanding any inconsistent provision of law, no school\ndistrict shall be eligible for an apportionment of general support for\npublic schools from the funds appropriated for the 2015--2016 school\nyear and any year thereafter in excess of the amount apportioned to such\nschool district in the respective base year unless such school district\nhas submitted documentation that has been approved by the commissioner\nby November fifteenth, two thousand fifteen, or by September first of\neach subsequent year, demonstrating that it has fully implemented the\nstandards and procedures for conducting annual teacher and principal\nevaluations of teachers and principals in accordance with the\nrequirements of this section and the regulations issued by the\ncommissioner. Provided further that any apportionment withheld pursuant\nto this section shall not occur prior to April first of the current year\nand shall not have any effect on the base year calculation for use in\nthe subsequent school year. For purposes of this section, "base year"\nshall mean the base year as defined in paragraph b of subdivision one of\nsection thirty-six hundred two of this chapter, and "current year" shall\nmean the current year as defined in paragraph a of subdivision one of\nsection thirty-six hundred two of this chapter.\n 12. Notwithstanding any other provision of law, rule or regulation to\nthe contrary, all collective bargaining agreements entered into after\nApril first, two thousand fifteen shall be consistent with the\nrequirements of this section, unless the agreement relates to the two\nthousand fourteen--two thousand fifteen school year only. Nothing in\nthis section shall be construed to abrogate any conflicting provisions\nof any collective bargaining agreement in effect on April first, two\nthousand fifteen during the term of such agreement and until the entry\ninto a successor collective bargaining agreement, provided that\nnotwithstanding any other provision of law to the contrary, upon\nexpiration of such term and the entry into a successor collective\nbargaining agreement the provisions of this section shall apply.\n 13. Any reference in law to "annual professional performance review"\nshall be deemed to refer to an annual professional performance review\npursuant to section three thousand twelve-c of this article or annual\nteacher and principal evaluations pursuant to this section and any\nreferences to section three thousand twelve-c of this article shall be\ndeemed to refer to section three thousand twelve-c of this article\nand/or this section, as applicable.\n 14. The commissioner shall adopt regulations to align the principal\nevaluation system as set forth in section three thousand twelve-c of\nthis article with the new teacher evaluation system set forth herein.\n 15. The provisions of paragraphs d, k, k-1, k-2 and l of subdivision\ntwo and subdivisions four, five, five-a, nine, and ten of section three\nthousand twelve-c of this article, as amended, shall apply to this\nsection to the extent determined by the commissioner.\n