NY Educ L § 3012-D (2021)
2021 New York Laws EDN - Education Title 4 - Teachers and Pupils Article 61 - Teachers and Supervisory and Administrative Staff 3012-D - Annual Teacher and Principal Evaluations.

§  3012-d.  Annual  teacher  and  principal  evaluations.  1.  General provisions.  Notwithstanding  any  other  provision  of  law,  rule   or regulation to the contrary, the annual teacher and principal evaluations (hereinafter,  evaluations)  implemented by districts shall be conducted in  accordance  with  the  provisions  of  this  section.  Such   annual evaluations  shall  be  a  significant  factor  for employment decisions including   but   not   limited   to,   promotion,   retention,   tenure determination,   termination,   and   supplemental   compensation.  Such evaluations shall also be a significant factor in teacher and  principal development  including  but  not limited to coaching, induction support, and differentiated professional development.   2. Definitions.   a. "District" shall mean school district and/or board  of  cooperative educational  services, except that for purposes of subdivision eleven of this section it shall only mean a school district;   b. "Principal" shall mean a building principal or an administrator  in charge of an instructional program of a board of cooperative educational services;   c.  "Student  growth" shall mean the change in student achievement for an individual student between two or more points in time.   d. "State-designed supplemental assessment" shall mean a selection  of state  tests or assessments developed or designed by the state education department, or that the state education department purchased or acquired from (i) another state; (ii) an  institution  of  higher  education;  or (iii)  a  commercial or not-for-profit entity, provided that such entity must be objective and may not have a conflict of interest or  appearance of  a  conflict  of  interest;  such  definition  may  include  tests or assessments that have been previously  designed  or  acquired  by  local districts,  but  only  if  the  state education department significantly modifies growth targets or scoring bands for such tests  or  assessments or  otherwise  adapts  the  test  or  assessment  to the state education department's requirements.   3. Ratings. The annual evaluations conducted pursuant to this  section shall  rate  teacher  and  principal  effectiveness  using the following categories: highly effective or "H", effective or "E", developing or "D" and ineffective or "I".   4. Categories. The annual evaluation system shall consist of  multiple measures   in   two   categories:   student   performance   and  teacher observations.   a. Student performance category. Such category shall have at least one subcomponent and an optional second subcomponent as follows:  (1) For the  first  subcomponent,  a  teacher  shall  have  a  student learning   objective   (SLO)  consistent  with  a  goal-setting  process determined or developed by the commissioner, that results in  a  student growth  score;  provided  that,  for  any teacher whose course ends in a state-created or administered assessment, such assessment may be used as the underlying assessment for such SLO;  (2) For the optional  second  subcomponent,  a  district  may  locally select  a  second  measure  in  accordance  with this subparagraph. Such second measure shall  apply  in  a  consistent  manner,  to  the  extent practicable,  across  the  district  and  be  either:  (A)  based  on  a state-created or administered test, or (B)  based  on  a  state-designed supplemental  assessment. The optional second subcomponent shall provide options for multiple assessment measures that are  aligned  to  existing classroom  and  school  best  practices  and take into consideration the recommendations in the testing reduction report as required  by  section one  of  subpart  F  of  part EE of chapter fifty-six of the laws of two  thousand fifteen which added this section  regarding  the  reduction  of unnecessary additional testing.   The  commissioner  shall  determine the weights and scoring ranges for the subcomponent or subcomponents of the  student  performance  category that  shall result in a combined category rating. The commissioner shall also set parameters for appropriate targets for student growth for  both subcomponents,  and  the department must affirmatively approve and shall have the authority to disapprove or require  modifications  of  district plans  that  do  not  set  appropriate  growth  targets, including after initial approval. The commissioner shall set such weights and parameters consistent with the terms contained herein.   b.  Teacher  observations  category.  The  observations  category  for teachers  shall be based on a state-approved rubric and shall include up to three subcomponents. Such category must include: (1)  a  subcomponent based  on  classroom  observations  conducted  by  a  principal or other trained administrator and must also include (2) a subcomponent based  on classroom  observations by an impartial independent trained evaluator or evaluators selected by the district. An  independent  trained  evaluator may  be  employed  within  the  school district, but not the same school building, as the teacher being evaluated. Such category may also include a subcomponent based on classroom observations conducted  by  a  trained peer teacher rated effective or highly effective from the same school or from another school in the district.   The commissioner shall determine the weights, and/or weighting options and  scoring  ranges  for the subcomponents of the observations category that result in a combined category rating. The commissioner  shall  also determine  the  minimum number of observations to be conducted annually, including frequency and  duration,  and  any  parameters  therefor.  The commissioner shall set such weights and scores consistent with the terms contained herein.   5.  Rating  determination.  The  overall rating determination shall be determined as follows:   a. If a teacher receives an H in the teacher observation category, and an H in the student performance category, the teacher's composite  score shall be H;   b. If a teacher receives an H in the teacher observation category, and an  E in the student performance category, the teacher's composite score shall be H;   c. If a teacher receives an H in the teacher observation category, and a D in the student performance category, the teacher's  composite  score shall be E;   d. If a teacher receives an H in the teacher observation category, and an  I in the student performance category, the teacher's composite score shall be D;   e. If a teacher receives an E in the teacher observation category, and an H in the student performance category, the teacher's composite  score shall be H;   f. If a teacher receives an E in the teacher observation category, and an  E in the student performance category, the teacher's composite score shall be E;   g. If a teacher receives an E in the teacher observation category, and a D in the student performance category, the teacher's  composite  score shall be E;   h. If a teacher receives an E in the teacher observation category, and an  I in the student performance category, the teacher's composite score shall be D;    i. If a teacher receives a D in the teacher observation category,  and an  H in the student performance category, the teacher's composite score shall be E;   j.  If a teacher receives a D in the teacher observation category, and an E in the student performance category, the teacher's composite  score shall be E;   k.  If a teacher receives a D in the teacher observation category, and a D in the student performance category, the teacher's  composite  score shall be D;   l.  If a teacher receives a D in the teacher observation category, and an I in the student performance category, the teacher's composite  score shall be I;   m. If a teacher receives an I in the teacher observation category, and an  H in the student performance category, the teacher's composite score shall be D;   n. If a teacher receives an I in the teacher observation category, and an E in the student performance category, the teacher's composite  score shall be D;   o. If a teacher receives an I in the teacher observation category, and a  D  in the student performance category, the teacher's composite score shall be I;   p. If a teacher receives an I in the teacher observation category, and an I in the student performance category, the teacher's composite  score shall be I.   6.  Prohibited  elements.  The  following  elements shall no longer be eligible to be used in any  evaluation  subcomponent  pursuant  to  this section:   a. evidence of student development and performance derived from lesson plans,  other  artifacts  of  teacher  practice, and student portfolios, except for student portfolios measured by a state-approved rubric  where permitted by the department;   b. use of an instrument for parent or student feedback;   c.  use  of  professional  goal-setting  as  evidence  of  teacher  or principal effectiveness;   d. any district or regionally-developed assessment that has  not  been approved by the department; and   e.  any  growth  or  achievement target that does not meet the minimum standards as set  forth  in  regulations  of  the  commissioner  adopted hereunder.   7. The commissioner shall ensure that the process by which weights and scoring   ranges   are  assigned  to  subcomponents  and  categories  is transparent and available to those being rated before the  beginning  of each  school  year.  Such  process must ensure that it is possible for a teacher or principal to obtain any number of points  in  the  applicable scoring    ranges,   including   zero,   in   each   subcomponent.   The superintendent,  district   superintendent   or   chancellor   and   the representative  of  the  collective  bargaining  unit (where one exists) shall certify in the district's plan that the evaluation  process  shall use the standards for the scoring ranges provided by the commissioner.   8.  A student may not be instructed, for two consecutive school years, by any two teachers in the same district, each of whom received a rating of ineffective under an evaluation conducted pursuant to this section in the school year immediately prior  to  the  school  year  in  which  the student  is  placed  in  the  teacher's  classroom;  provided, that if a district deems it impracticable to comply  with  this  subdivision,  the district shall seek a waiver from the department from such requirement.   9. Nothing in this section shall be construed to affect the unfettered statutory  right of a district to terminate a probationary (non-tenured)  teacher  or  principal  for   any   statutorily   and   constitutionally permissible reasons.   10.  The  local  collective  bargaining representative shall negotiate with the district:   a. whether to use a second measure, and, in the event  that  a  second measure  is  used, which measure to use, pursuant to subparagraph two of paragraph a of subdivision four of this section;   b. how to implement the provisions of paragraph b of subdivision  four of  this  section,  and  associated  regulations  as  established by the commissioner, in accordance with article fourteen of the  civil  service law; and   c.  the selection and use of an assessment in a teacher or principal's evaluation pursuant to subdivision four of this section and paragraphs a and b of subdivision sixteen of this section.   11. Notwithstanding any  inconsistent  provision  of  law,  no  school district  shall  be eligible for an apportionment of general support for public schools from the funds appropriated  for  the  2015--2016  school year and any year thereafter in excess of the amount apportioned to such school  district in the respective base year unless such school district has submitted documentation that has been approved by  the  commissioner by  November  fifteenth,  two thousand fifteen, or by September first of each subsequent year, demonstrating that it has  fully  implemented  the standards  and  procedures  for  conducting annual teacher and principal evaluations  of  teachers  and  principals  in   accordance   with   the requirements   of  this  section  and  the  regulations  issued  by  the commissioner. Provided further that any apportionment withheld  pursuant to this section shall not occur prior to April first of the current year and  shall  not  have any effect on the base year calculation for use in the subsequent school year. For purposes of this  section,  "base  year" shall mean the base year as defined in paragraph b of subdivision one of section thirty-six hundred two of this chapter, and "current year" shall mean  the  current  year as defined in paragraph a of subdivision one of section thirty-six hundred two of this chapter.   12. Notwithstanding any other provision of law, rule or regulation  to the  contrary,  all  collective bargaining agreements entered into after April  first,  two  thousand  fifteen  shall  be  consistent  with   the requirements  of  this  section, unless the agreement relates to the two thousand fourteen--two thousand fifteen school  year  only.  Nothing  in this  section  shall be construed to abrogate any conflicting provisions of any collective bargaining agreement in effect  on  April  first,  two thousand  fifteen  during the term of such agreement and until the entry into  a  successor  collective  bargaining  agreement,   provided   that notwithstanding  any  other  provision  of  law  to  the  contrary, upon expiration of such term  and  the  entry  into  a  successor  collective bargaining agreement the provisions of this section shall apply.   13.  Any  reference in law to "annual professional performance review" shall be deemed to refer to an annual  professional  performance  review pursuant  to  section  three thousand twelve-c of this article or annual teacher and principal evaluations  pursuant  to  this  section  and  any references  to  section three thousand twelve-c of this article shall be deemed to refer to section  three  thousand  twelve-c  of  this  article and/or this section, as applicable.   14.  The  commissioner  shall adopt regulations to align the principal evaluation system as set forth in section  three  thousand  twelve-c  of this article with the new teacher evaluation system set forth herein.   15.  The  provisions of paragraphs d, k, k-1, k-2 and l of subdivision two and subdivisions four, five, five-a, nine, and ten of section  three  thousand  twelve-c  of  this  article,  as  amended, shall apply to this section to the extent determined by the commissioner.   16.  a. Notwithstanding any other provision of law, rule or regulation to the contrary, the grades three through eight  English  language  arts and  mathematics  state  assessments  and  all  other  state-created  or administered tests shall not be required to be utilized in any manner to determine a teacher or principal evaluation required by this section.   b. The commissioner shall promulgate rules and  regulations  providing alternative  assessments  that may be used in grades three through eight instead of all other state-created or administered  tests,  which  shall include   all  of  the  assessments  that  have  been  approved  by  the commissioner for use in determining transition scores and ratings.   c. The selection and use of an assessment in a teacher or  principal's evaluation  pursuant  to  paragraphs  a  and  b  of this subdivision and subdivision  four  of  this  section  shall  be  subject  to  collective bargaining pursuant to article fourteen of the civil service law.   d. Notwithstanding any provision of subdivision twelve of this section to  the contrary, nothing in this section shall be construed to abrogate any conflicting provisions of any  collective  bargaining  agreement  in effect  on  the  date  this subdivision takes effect and until the entry into  a  successor  collective  bargaining  agreement,   provided   that notwithstanding  any  other  provision  of  law  to  the  contrary, upon expiration of such term  and  the  entry  into  a  successor  collective bargaining  agreement  the  provisions  of this subdivision shall apply; and, provided further, however, that any assessments used in determining transition scores and ratings shall be used in  determining  scores  and ratings  pursuant  to  this  section instead of the grades three through eight English language arts and mathematics state assessments until  the entry into a successor collective bargaining agreement.   17.  Notwithstanding  any other provision of this section, for the two thousand twenty--two thousand twenty-one school year, no school district or board of  cooperative  educational  services  shall  be  required  to complete  an  annual  teacher  and principal evaluation required by this section for any  classroom  teacher  or  building  principal  and  state funding shall not be withheld from any school district for not complying with the requirements of this section.