2023 New York Laws › EDN - Education › Title 4 - Teachers and Pupils › Article 61 - Teachers and Supervisory and Administrative Staff › 3012-C - Annual Professional Performance Review of Classroom Teachers and Building Principals.

§ 3012-c. Annual professional performance review of classroom teachers
and  building principals. 1. Notwithstanding any other provision of law,
rule or regulation to the contrary, the annual professional  performance
reviews  of  all  classroom teachers and building principals employed by
school districts or boards of cooperative educational services shall  be
conducted  in  accordance  with  the  provisions  of  this section. Such
performance reviews which are conducted on  or  after  July  first,  two
thousand  eleven,  or  on  or after the date specified in paragraph c of
subdivision two of this section where applicable, shall include measures
of student achievement and be conducted in accordance with this section.
Such annual professional performance  reviews  shall  be  a  significant
factor for employment decisions including but not limited to, promotion,
retention,   tenure   determination,   termination,   and   supplemental
compensation, which decisions are to be made in accordance with  locally
developed  procedures negotiated pursuant to the requirements of article
fourteen of the civil service law where applicable.  Provided,  however,
that nothing in this section shall be construed to affect the unfettered
statutory right of a school district or board of cooperative educational
services  to  terminate  a  probationary  teacher  or  principal for any
statutorily and constitutionally permissible reasons, including but  not
limited  to  misconduct  and  until  a  tenure  decision  is  made,  the
performance  of  the  teacher  or  principal  in  the  classroom.   Such
performance  reviews  shall  also be a significant factor in teacher and
principal development, including but not limited to, coaching, induction
support and differentiated professional development,  which  are  to  be
locally established in accordance with procedures negotiated pursuant to
the requirements of article fourteen of the civil service law.
2.  a.  (1)  The  annual  professional  performance  reviews conducted
pursuant to this section for classroom teachers and building  principals
shall  differentiate  teacher  and  principal  effectiveness  using  the
following  quality  rating  categories:  highly  effective,   effective,
developing  and  ineffective,  with explicit minimum and maximum scoring
ranges for each category, for the state assessments and other comparable
measures subcomponent of the evaluation and  for  the  locally  selected
measures  of  student  achievement  subcomponent  of  the evaluation, as
prescribed in the regulations of the commissioner. There shall be: (i) a
state assessments and other comparable measures subcomponent which shall
comprise twenty or twenty-five percent of the evaluation; (ii) a locally
selected  measures  of  student  achievement  subcomponent  which  shall
comprise twenty or fifteen percent of the evaluation; and (iii) an other
measures  of teacher or principal effectiveness subcomponent which shall
comprise the remaining sixty percent of the  evaluation,  which  in  sum
shall constitute the composite teacher or principal effectiveness score.
Such  annual  professional  performance reviews shall result in a single
composite teacher or principal effectiveness score,  which  incorporates
multiple  measures  of effectiveness related to the criteria included in
the regulations of the commissioner.
(2)  For  annual  professional  performance   reviews   conducted   in
accordance  with  paragraph  b  of this subdivision for the two thousand
eleven--two thousand twelve school  year  and  for  annual  professional
performance  reviews  conducted in accordance with paragraphs f and g of
this subdivision for the  two  thousand  twelve--two  thousand  thirteen
school year, the overall composite scoring ranges shall be in accordance
with this subparagraph. A classroom teacher and building principal shall
be deemed to be:
(A)  Highly  Effective if they achieve a composite effectiveness score
of 91-100.
(B) Effective if they  achieve  a  composite  effectiveness  score  of
75-90.
(C)  Developing  if  they  achieve  a composite effectiveness score of
65-74.
(D) Ineffective if they achieve a  composite  effectiveness  score  of
0-64.
(3)   For   annual   professional  performance  reviews  conducted  in
accordance with paragraph b of this subdivision  for  the  two  thousand
eleven--two  thousand  twelve  school  year  and for annual professional
performance reviews conducted in accordance with  paragraph  f  of  this
subdivision  for  the  two thousand twelve--two thousand thirteen school
year for classroom teachers in subjects and grades for which  the  board
of  regents  has  not  approved  a  value-added  model  and for building
principals employed in  schools  or  programs  for  which  there  is  no
approved principal value-added model, the scoring ranges for the student
growth  on  state  assessments or other comparable measures subcomponent
shall be in accordance with this subparagraph. A classroom  teacher  and
building principal shall receive:
(A) a highly effective rating in this subcomponent if the teacher's or
principal's  results  are  well-above  the  state  average  for  similar
students and they achieve a subcomponent score of 18-20;
(B) an effective rating in  this  subcomponent  if  the  teacher's  or
principal's results meet the state average for similar students and they
achieve a subcomponent score of 9-17; or
(C)  a  developing  rating  in  this  subcomponent if the teacher's or
principal's results are below the state average for similar students and
they achieve a subcomponent score of 3-8; or
(D) an ineffective rating in this subcomponent, if  the  teacher's  or
principal's  results  are  well-below  the  state  average  for  similar
students and they achieve a subcomponent score of 0-2.
(4)  For  annual  professional  performance   reviews   conducted   in
accordance  with  paragraph  g  of this subdivision for the two thousand
twelve--two thousand thirteen school  year  for  classroom  teachers  in
subjects  and  grades  for  which  the  board  of regents has approved a
value-added model and for building principals  employed  in  schools  or
programs for which there is an approved principal value-added model, the
scoring  ranges  for  the  student  growth on state assessments or other
comparable measures  subcomponent  shall  be  in  accordance  with  this
subparagraph. A classroom teacher and building principal shall receive:
(A) a highly effective rating in this subcomponent if the teacher's or
principal's  results  are  well-above  the  state  average  for  similar
students and they achieve a subcomponent score of 22-25;
(B) an effective rating in  this  subcomponent  if  the  teacher's  or
principal's results meet the state average for similar students and they
achieve a subcomponent score of 10-21; or
(C)  a  developing  rating  in  this  subcomponent if the teacher's or
principal's results are below the state average for similar students and
they achieve a subcomponent score of 3-9; or
(D) an ineffective rating in this subcomponent, if  the  teacher's  or
principal's  results  are  well-below  the  state  average  for  similar
students and they achieve a subcomponent score of 0-2.
(5)  For  annual  professional  performance   reviews   conducted   in
accordance  with  paragraph  b  of this subdivision for the two thousand
eleven--two thousand twelve school  year  and  for  annual  professional
performance  reviews  conducted  in  accordance with paragraph f of this
subdivision for the two thousand twelve--two  thousand  thirteen  school
year  for  classroom teachers in subjects and grades for which the board
of regents has  not  approved  a  value-added  model  and  for  building

principals  employed  in  schools  or  programs  for  which  there is no
approved principal value-added model, the scoring ranges for the locally
selected measures  of  student  achievement  subcomponent  shall  be  in
accordance  with  this  subparagraph.   A classroom teacher and building
principal shall receive:
(A) a highly effective rating in this subcomponent if the results  are
well-above   district-adopted   expectations   for   student  growth  or
achievement and they achieve a subcomponent score of 18-20; or
(B) an effective rating in  this  subcomponent  if  the  results  meet
district-adopted expectations for growth or achievement and they achieve
a subcomponent score of 9-17; or
(C)  a developing rating in this subcomponent if the results are below
district-adopted expectations for growth or achievement and they achieve
a subcomponent score of 3-8; or
(D) an ineffective rating in this  subcomponent  if  the  results  are
well-below  district-adopted  expectations for growth or achievement and
they achieve a subcomponent score of 0-2.
(6)  For  annual  professional  performance   reviews   conducted   in
accordance  with  paragraph  b  of this subdivision for the two thousand
eleven--two thousand twelve school  year  and  for  annual  professional
performance  reviews  conducted  in  accordance with paragraph g of this
subdivision for the two thousand twelve--two  thousand  thirteen  school
year  for  classroom teachers in subjects and grades for which the board
of regents has approved a value-added model and for building  principals
employed in schools or programs for which there is an approved principal
value-added  model, the scoring ranges for the locally selected measures
of student achievement subcomponent shall be  in  accordance  with  this
subparagraph.  A classroom teacher and building principal shall receive:
(A)  a highly effective rating in this subcomponent if the results are
well-above  district-adopted  expectations   for   student   growth   or
achievement and they achieve a subcomponent score of 14-15; or
(B)  an  effective  rating  in  this  subcomponent if the results meet
district-adopted expectations for growth or achievement and they achieve
a subcomponent score of 8-13; or
(C) a developing rating in this subcomponent if the results are  below
district-adopted expectations for growth or achievement and they achieve
a subcomponent score of 3-7; or
(D)  an  ineffective  rating  in  this subcomponent if the results are
well-below district-adopted expectations for growth or  achievement  and
they achieve a subcomponent score of 0-2.
(7)  For  the two thousand thirteen--two thousand fourteen school year
and thereafter, the  commissioner  shall  review  the  specific  scoring
ranges  for  each  of the rating categories annually before the start of
each school year and shall recommend any changes to the board of regents
for consideration.
(8) Except for the student growth measures on the state assessments or
other comparable measures of student growth prescribed in paragraphs  e,
f  and  g  of  this  subdivision,  the elements comprising the composite
effectiveness score and the process by  which  points  are  assigned  to
subcomponents  shall be locally developed, consistent with the standards
prescribed in the regulations of the commissioner and  the  requirements
of  this  section,  through  negotiations  conducted,  pursuant  to  the
requirements of article fourteen of the civil service law.
b. (1) Annual professional performance  reviews  conducted  by  school
districts  or  boards  of  cooperative  educational services for the two
thousand eleven--two thousand twelve school year of  classroom  teachers
of  common  branch  subjects  or English language arts or mathematics in
grades four to eight and all building principals  of  schools  in  which

such   teachers  are  employed  shall  be  conducted  pursuant  to  this
subdivision and shall use two thousand ten--two thousand  eleven  school
year  student  data  as  the baseline for the initial computation of the
composite  teacher  or  principal effectiveness score for such classroom
teachers and principals.
(2) Subject to paragraph k  of  this  subdivision  the  entire  annual
professional  performance  review shall be completed and provided to the
teacher or principal as soon as practicable but in no  case  later  than
September  first,  two  thousand twelve. The provisions of subparagraphs
two and three of paragraph c of this subdivision  shall  apply  to  such
reviews.
c.  (1)  Annual  professional  performance reviews conducted by school
districts or boards of cooperative  educational  services  for  the  two
thousand twelve--two thousand thirteen school year and thereafter of all
classroom  teachers  and  all  building  principals  shall  be conducted
pursuant to this subdivision and  shall  use  two  thousand  eleven--two
thousand twelve school year student data as the baseline for the initial
computation  of  the  composite teacher or principal effectiveness score
for such  classroom  teachers  and  principals.  For  purposes  of  this
section,  an  administrator  in  charge of an instructional program of a
board of cooperative educational  services  shall  be  deemed  to  be  a
building principal.
(2)  Subject  to  paragraph  k  of  this subdivision the entire annual
professional performance review shall be completed and provided  to  the
teacher  or  principal  as soon as practicable but in no case later than
September first of the school year next following the  school  year  for
which the classroom teacher or building principal's performance is being
measured.  The teacher's and principal's score and rating on the locally
selected measures subcomponent, if available, and on the other  measures
of  teacher  and principal effectiveness subcomponent for a teacher's or
principal's annual professional performance review shall be computed and
provided to the teacher or principal, in writing, by no later  than  the
last  day of the school year for which the teacher or principal is being
measured. Nothing in this subdivision shall be construed to authorize  a
teacher  or  principal to trigger the appeal process prior to receipt of
his or her composite effectiveness score and rating.
(3) Each such annual professional performance review shall be based on
the state assessments or other  comparable  measures  subcomponent,  the
locally  selected  measures  of student achievement subcomponent and the
other measures of  teacher  and  principal  effectiveness  subcomponent,
determined  in accordance with the applicable provisions of this section
and the regulations of the commissioner, for the school year  for  which
the teacher's or principal's performance is measured.
d.  Prior  to  any  evaluation being conducted in accordance with this
section, each individual who is responsible for conducting an evaluation
of a teacher or building principal shall receive appropriate training in
accordance with the regulations of the commissioner of education.
e. (1)  For  annual  professional  performance  reviews  conducted  in
accordance  with  paragraph  b  of this subdivision for the two thousand
eleven--two thousand twelve school year, forty percent of the  composite
score of effectiveness shall be based on student achievement measures as
follows:  (i)  twenty  percent  of  the  evaluation  shall be based upon
student  growth  data  on  state  assessments  as  prescribed   by   the
commissioner  or  a  comparable measure of student growth if such growth
data is not available; and (ii) twenty percent shall be based  on  other
locally  selected measures of student achievement that are determined to
be rigorous and comparable across  classrooms  in  accordance  with  the
regulations of the commissioner and as are developed locally in a manner

consistent  with  procedures  negotiated pursuant to the requirements of
article fourteen of the civil service law.
(2)  Such  locally  selected  measures may include measures of student
achievement or growth on state assessments, regents examinations  and/or
department   approved   equivalent,  provided  that  such  measures  are
different from those prescribed by the commissioner pursuant  to  clause
(i)  of  subparagraph  one  of  this  paragraph.  The regulations of the
commissioner shall describe the types of measures of student  growth  or
achievement  that  may  be  locally selected. The selection of the local
measure(s) as described in this paragraph  to  be  used  by  the  school
district   or   board  of  cooperative  educational  services  shall  be
determined through collective bargaining.
f. (1)  For  annual  professional  performance  reviews  conducted  in
accordance  with  paragraph  c  of this subdivision for the two thousand
twelve--two thousand thirteen school year and thereafter  for  classroom
teachers  in  subjects and grades for which the board of regents has not
approved a value-added model and for  building  principals  employed  in
schools or programs for which there is no approved principal value-added
model,  forty  percent  of the composite score of effectiveness shall be
based on student achievement measures as follows: (i) twenty percent  of
the  evaluation  shall  be  based  upon  student  growth  data  on state
assessments as prescribed by the commissioner or a comparable measure of
student growth if such growth data is not  available;  and  (ii)  twenty
percent  shall  be  based  on other locally selected measures of student
achievement that are determined to be  rigorous  and  comparable  across
classrooms in accordance with the regulations of the commissioner and as
are  developed locally in a manner consistent with procedures negotiated
pursuant to the requirements of article fourteen of  the  civil  service
law.
(2) One or more of the following types of locally selected measures of
student  achievement  or  growth  may  be  used  for  the  evaluation of
classroom teachers:
(i) student  achievement  or  growth  on  state  assessments,  regents
examinations  and/or  department  approved  alternative  examinations as
described in the regulations of  the  commissioner  including,  but  not
limited to, advanced placement examinations, international baccalaureate
examinations,  and  SAT  II,  using a measure that is different from the
growth score prescribed by the department for  student  growth  on  such
assessments  or  examinations  for  purposes  of the state assessment or
other comparable measures subcomponent that is either:
(A) the change in percentage of a teacher's  students  who  achieve  a
specific   level   of   performance   as  determined  locally,  on  such
assessments/examinations  compared   to   those   students'   level   of
performance on such assessments/examinations in the previous school year
such  as  a  three  percentage  point  increase  in students earning the
proficient level (three) or better  performance  level  on  the  seventh
grade math state assessment compared to those same students' performance
levels  on  the sixth grade math state assessment, or an increase in the
percentage of a teacher's  students  earning  the  advanced  performance
level  (four)  on  the  fourth grade English language arts or math state
assessments compared to those students' performance levels on the  third
grade English language arts or math state assessments; or
(B)  a  teacher specific growth score computed by the department based
on the percent of the teacher's students earning a department determined
level of growth. The methodology  to  translate  such  growth  into  the
state-established   subcomponent  scoring  ranges  shall  be  determined
locally; or
(C) a teacher-specific achievement  or  growth  score  computed  in  a
manner  determined  locally based on a measure of student performance on
the state assessments, regents examinations and/or  department  approved
alternative examinations other than the measure described in item (A) or
(B) of this subparagraph;
(ii)  student  growth  or  achievement computed in a manner determined
locally based  on  a  student  assessment  approved  by  the  department
pursuant  to  a  request  for  qualification  process established in the
regulations of the commissioner;
(iii) student growth or achievement computed in  a  manner  determined
locally based on a district, regional or BOCES-developed assessment that
is rigorous and comparable across classrooms;
(iv)  a  school-wide  measure  of either student growth or achievement
based on either:
(A) a state-provided student growth score covering all students in the
school that took the  state  assessment  in  English  language  arts  or
mathematics in grades four through eight;
(B) a school-wide measure of student growth or achievement computed in
a  manner  determined  locally based on a district, regional or board of
cooperative educational services developed assessment that  is  rigorous
and  comparable  across  classrooms  or  a  department  approved student
assessment or based on a state assessment; or
(v) where applicable, for teachers in any grade or subject where there
is no growth or value-added  growth  model  approved  by  the  board  of
regents   at   that  grade  level  or  in  that  subject,  a  structured
district-wide student growth goal-setting process to be  used  with  any
state  assessment  or  an  approved  student  assessment  or a district,
regional or BOCES-developed assessment that is rigorous  and  comparable
across classrooms.
(3) One or more of the following types of locally selected measures of
student  achievement  or  growth  may  be  used  for  the  evaluation of
principals, provided that each measure is rigorous and comparable across
classrooms and that any such measure shall be different from  that  used
for the state assessment or other comparable measures subcomponent:
(i)  student  achievement  levels  on  state  assessments  in  English
language arts and/or  mathematics  in  grades  four  to  eight  such  as
percentage  of  students in the school whose performance levels on state
assessments are proficient or advanced, as defined in the regulations of
the commissioner;
(ii) student growth or achievement on state or  other  assessments  in
English  language  arts  and/or  mathematics in grades four to eight for
students in each of the performance levels described in the  regulations
of the commissioner;
(iii)  student  growth  or achievement on state assessments in English
language arts and/or mathematics in grades four to  eight  for  students
with disabilities and English language learners in grades four to eight;
(iv)  student  performance  on any or all of the district-wide locally
selected measures approved for use in teacher evaluations;
(v) for principals employed in a school with high school grades, four,
five and/or six-year high school graduation and/or dropout rates;
(vi) percentage of students who earn a regents diploma  with  advanced
designation   and/or  honors  as  defined  in  the  regulations  of  the
commissioner, for principals employed  in  a  school  with  high  school
grades;
(vii) percentage of a cohort of students that achieve specified scores
on   regents   examinations   and/or   department  approved  alternative
examinations  including,  but  not  limited   to,   advanced   placement
examinations,  international  baccalaureate examinations and SAT II, for

principals employed in a school with high  school  grades  such  as  the
percentage  of  students  in the two thousand nine cohort that scored at
least a three on an advanced placement examination since entry into  the
ninth grade; and/or
(viii) students' progress toward graduation in the school using strong
predictive  indicators,  including but not limited to ninth and/or tenth
grade credit accumulation and/or the percentage of  students  that  pass
ninth   and/or  tenth  grade  subjects  most  commonly  associated  with
graduation and/or students' progress in passing the number  of  required
regents examinations for graduation, for principals employed in a school
with high school grades.
(ix)  For  school  districts  or  boards  of  cooperative  educational
services that choose to use  more  than  one  set  of  locally  selected
measures  described  in  this  paragraph  for  principals in the same or
similar grade configuration or  program  such  as  one  set  of  locally
selected measures is used to evaluate principals in some K-5 schools and
another  set of locally selected measures is used to evaluate principals
in the other K-5 schools in the district, the superintendent or district
superintendent shall, in their  professional  performance  review  plan,
certify that the sets of measures are comparable, in accordance with the
testing standards as defined in regulations of the commissioner.
(x)  For building principals employed in schools or programs for which
there is no approved principal value-added model, the types  of  locally
selected   measures  of  student  achievement  or  growth  specified  in
subparagraph three of paragraph g of this subdivision may  be  used.  In
addition, a structured district-wide student growth goal-setting process
to  be  used with any state assessment or an approved student assessment
or a district, regional of BOCES-developed assessment that  is  rigorous
and comparable across classrooms may be a locally selected measure.
(4)  The  selection  of  the local measure or measures as described in
subparagraphs two and three of this paragraph to be used by  the  school
district   or   board  of  cooperative  educational  services  shall  be
determined through collective bargaining.
g. (1)  For  annual  professional  performance  reviews  conducted  in
accordance  with  paragraph  c  of this subdivision for the two thousand
twelve--two thousand thirteen school year and thereafter  for  classroom
teachers  in  subjects and grades in which there is a value-added growth
model approved by the board  of  regents  and  for  building  principals
employed in schools or programs for which there is an approved principal
value-added model, forty percent of the composite score of effectiveness
shall   be  based  on  student  achievement  measures  as  follows:  (i)
twenty-five percent of the evaluation shall be based upon student growth
data on state  assessments  as  prescribed  by  the  commissioner  or  a
comparable  measure  of  student  growth  if  such  growth  data  is not
available; and (ii) fifteen percent shall  be  based  on  other  locally
selected  measures  of  student  achievement  that  are determined to be
rigorous  and  comparable  across  classrooms  in  accordance  with  the
regulations of the commissioner and as are locally developed in a manner
consistent  with  procedures  negotiated pursuant to the requirements of
article fourteen of the civil service law. The department shall  develop
the  value-added  growth  model  and  shall  consult  with  the advisory
committee established pursuant to  subdivision  seven  of  this  section
prior  to  recommending  that  the  board  of regents approve its use in
evaluations.
(2) One or more of the following types of locally selected measures of
student achievement  or  growth  may  be  used  for  the  evaluation  of
classroom teachers:
(i)  student  achievement  or  growth  on  state  assessments, regents
examinations and/or  department  approved  alternative  examinations  as
described  in  the  regulations  of  the commissioner including, but not
limited to, advanced placement examinations, international baccalaureate
examinations  and  SAT  II,  using  a measure that is different from the
growth score prescribed by the department for  student  growth  on  such
assessments  or  examinations  for  purposes  of the state assessment or
other comparable measures subcomponent that is either:
(A) the change in percentage of a teacher's  students  who  achieve  a
specific   level   of   performance   as  determined  locally,  on  such
assessments/examinations  compared   to   those   students'   level   of
performance on such assessments/examinations in the previous school year
such  as  a  three  percentage  point  increase  in students earning the
proficient level (three) or better  performance  level  on  the  seventh
grade math state assessment compared to those same students' performance
levels  on  the sixth grade math state assessment, or an increase in the
percentage of a teacher's  students  earning  the  advanced  performance
level  (four)  on  the  fourth grade English language arts or math state
assessments compared to those students' performance levels on the  third
grade English language arts or math state assessments; or
(B) a teacher specific growth score computed by the state based on the
percent  of  the  teacher's students earning a state determined level of
growth.  The   methodology   to   translate   such   growth   into   the
state-established   subcomponent  scoring  ranges  shall  be  determined
locally; or
(C) a teacher-specific achievement  or  growth  score  computed  in  a
manner  determined  locally based on a measure of student performance on
the state assessments, regents examinations and/or  department  approved
alternative examinations other than the measure described in item (A) or
(B) of this subparagraph;
(ii)  student  growth  or  achievement computed in a manner determined
locally based  on  a  student  assessment  approved  by  the  department
pursuant  to  a  request  for  qualification  process established in the
regulations of the commissioner;
(iii) student growth or achievement computed in  a  manner  determined
locally based on a district, regional or BOCES-developed assessment that
is rigorous and comparable across classrooms;
(iv)  a  school-wide  measure  of either student growth or achievement
based on either:
(A) a state-provided student growth score covering all students in the
school that took the  state  assessment  in  English  language  arts  or
mathematics in grades four through eight; or
(B) a school-wide measure of student growth or achievement computed in
a  manner  determined  locally based on a district, regional or board of
cooperative educational services developed assessment that  is  rigorous
and  comparable  across  classrooms  or  a  department  approved student
assessment or based on a state assessment.
(3) One or more of the following types of locally selected measures of
student achievement  or  growth  may  be  used  for  the  evaluation  of
principals, provided that each measure is rigorous and comparable across
classrooms  and  that any such measure shall be different from that used
for the state assessment or other comparable measures subcomponent:
(i)  student  achievement  levels  on  state  assessments  in  English
language  arts  and/or  mathematics  in  grades  four  to  eight such as
percentage of students in the school whose performance levels  on  state
assessments are proficient or advanced, as defined in the regulations of
the commissioner;
(ii)  student  growth  or achievement on state or other assessments in
English language arts and/or mathematics in grades  four  to  eight  for
students  in each of the performance levels described in the regulations
of the commissioner;
(iii)  student  growth  or achievement on state assessments in English
language arts and/or mathematics in grades four to  eight  for  students
with disabilities and English language learners in grades four to eight;
(iv)  student  performance  on any or all of the district-wide locally
selected measures approved for use in teacher evaluations;
(v) for principals employed in a school with high school grades, four,
five and/or six-year high school graduation and/or dropout rates;
(vi) percentage of students who earn a regents diploma  with  advanced
designation   and/or  honors  as  defined  in  the  regulations  of  the
commissioner, for principals employed  in  a  school  with  high  school
grades;
(vii) percentage of a cohort of students that achieve specified scores
on   regents   examinations   and/or   department  approved  alternative
examinations  including,  but  not  limited   to,   advanced   placement
examinations,  international  baccalaureate examinations and SAT II, for
principals employed in a school with high  school  grades  such  as  the
percentage  of  students  in the two thousand nine cohort that scored at
least a three on an advanced placement examination since entry into  the
ninth grade; and/or
(viii) students' progress toward graduation in the school using strong
predictive  indicators,  including but not limited to ninth and/or tenth
grade credit accumulation and/or the percentage of  students  that  pass
ninth   and/or  tenth  grade  subjects  most  commonly  associated  with
graduation and/or students' progress in passing the number  of  required
regents examinations for graduation, for principals employed in a school
with high school grades.
(ix)  For  school  districts  or  boards  of  cooperative  educational
services that choose to use  more  than  one  set  of  locally  selected
measures  described  in  this  paragraph  for  principals in the same or
similar grade configuration or program, the superintendent  or  district
superintendent  shall,  in  their  professional performance review plan,
certify that the sets of measures are comparable, in accordance with the
testing standards as defined in regulations of the commissioner.
(4) The selection of the local measure or  measures  as  described  in
subparagraphs  two  and three of this paragraph to be used by the school
district  or  board  of  cooperative  educational  services   shall   be
determined through collective bargaining.
h.  The  remaining  sixty  percent  of  the  evaluations,  ratings and
effectiveness scores shall be locally  developed,  consistent  with  the
standards  prescribed  in  the  regulations of the commissioner, through
negotiations conducted pursuant to article fourteen of the civil service
law.
(1) A majority of the sixty points for  classroom  teachers  shall  be
based  on  multiple  classroom  observations conducted by a principal or
other trained administrator, which may  be  performed  in-person  or  by
video.  For  evaluations  for  the  two  thousand  twelve--two  thousand
thirteen school year and thereafter, at least one such observation shall
be an unannounced visit.
(2) For the remaining portion of these sixty  points  for  evaluations
for  the  two  thousand  eleven--two  thousand  twelve  school year, the
commissioner's regulation shall prescribe the other forms of evidence of
teacher and principal effectiveness that may be used.
(3) For  evaluations  of  classroom  teachers  for  the  two  thousand
twelve--two  thousand thirteen school year and thereafter, the remaining

portion of these sixty points shall be based  on  one  or  more  of  the
following:
(i)   one  or  more  classroom  observations  by  independent  trained
evaluators selected by the  school  district  or  board  of  cooperative
educational  services  who  are  teachers  or  former  teachers  with  a
demonstrated record of effectiveness and have no prior affiliation  with
the  school  in  which  they  are conducting the evaluation and no other
relationship with the teachers being evaluated that would  affect  their
impartiality;
(ii) classroom observations by trained in-school peer teachers; and/or
(iii)  use  of  a  state-approved  instrument  for  parent  or student
feedback; and/or
(iv) evidence of student development and  performance  through  lesson
plans,  student  portfolios  and  other  artifacts  of teacher practices
through a structured review process.
(4) A majority of these sixty points for building principals shall  be
based on a broad assessment of the principal's leadership and management
actions   based  on  the  principal  practice  rubric  by  the  building
principal's supervisor, a trained administrator or a trained independent
evaluator, with one or more visits conducted by the supervisor, and, for
evaluations for the two thousand twelve--two  thousand  thirteen  school
year  and  thereafter,  that  such  assessment must incorporate multiple
school visits by a supervisor, a trained administrator or other  trained
evaluator,  with  at  least one visit conducted by the supervisor and at
least one unannounced visit. For the remaining portion  of  these  sixty
points  for evaluations for the two thousand eleven--two thousand twelve
school year, such regulations shall also prescribe the  other  forms  of
evidence of principal effectiveness that may be used consistent with the
standards prescribed by the commissioner.
(5)  For  evaluations  of  building  principals  for  the two thousand
twelve--two thousand thirteen school year and thereafter, the  remaining
portion  of  these  sixty  points  shall  include,  in  addition  to the
requirements of subparagraph three of this paragraph, at least two other
sources of evidence from the following options: feedback from  teachers,
students,  and/or  families  using  state-approved  instruments;  school
visits by other trained evaluators; and/or review of  school  documents,
records,  and/or  state  accountability  processes.  Any  such remaining
points shall be assigned based on the results of one or  more  ambitious
and  measurable  goals  set  collaboratively  with  principals and their
superintendents or district superintendents as follows:
(i) at least one goal must address  the  principal's  contribution  to
improving  teacher effectiveness, which shall include one or more of the
following:  improved  retention  of  high   performing   teachers,   the
correlation  between student growth scores of teachers granted tenure as
opposed to those denied  tenure;  or  improvements  in  the  proficiency
rating  of  the principal on specific teacher effectiveness standards in
the principal practice rubric.
(ii)  any  other  goals  shall  address  quantifiable  and  verifiable
improvements  in academic results or the school's learning environmental
such as student or teacher attendance.
(6) The district or board of cooperative  educational  services  shall
establish   specific   minimum  and  maximum  scoring  ranges  for  each
performance level within this subcomponent  before  the  start  of  each
school  year  and shall assign points to a teacher or principal for this
subcomponent based on the standards prescribed in the regulations of the
commissioner, all in accordance with, and subject to,  the  requirements
of paragraph j of this subdivision.
i.  For  purposes  of this section, student growth means the change in
student achievement for an individual student between two or more points
in time.
j.  (1)  The process by which points are assigned in subcomponents and
the scoring  ranges  for  the  subcomponents  must  be  transparent  and
available to those being rated before the beginning of each school year.
The process by which points are assigned in the respective subcomponents
are to be determined as follows:
(i)   For   the   state   assessment   or  other  comparable  measures
subcomponent, that process shall be formulated by the commissioner  with
the approval of the board of regents.
(ii)  For  the  locally  selected  measures of the student achievement
subcomponent,  that  process  shall  be  established   locally   through
negotiations conducted under article fourteen of the civil service law.
(iii)  For  the  other measures of teacher and principal effectiveness
subcomponent,  that  process  shall  be  established   locally   through
negotiations conducted under article fourteen of the civil services law.
(2)  Such  process  must  ensure  that it is possible for a teacher or
principal to  obtain  each  point  in  the  applicable  scoring  ranges,
including  zero,  for  the state assessment or other comparable measures
subcomponent, the  locally  selected  measures  of  student  achievement
subcomponent  and  the  overall rating categories. The process must also
ensure that it is possible for a teacher or  principal  to  obtain  each
point  in  the  scoring  ranges  prescribed  by the district or board of
cooperative educational services for the other measures of  teacher  and
principal effectiveness subcomponent.
(3)  The superintendent, district superintendent or chancellor and the
president of the collective bargaining representative (where one exists)
shall certify in its plan  that  the  process  will  use  the  narrative
descriptions  of  the  standards  for the scoring ranges provided in the
regulations of the commissioner to effectively differentiate  a  teacher
or  principal's  performance  in  each of the subcomponents and in their
overall ratings to improve student learning and instruction.
(4) The scoring ranges for the other measures of teacher and principal
effectiveness  subcomponent  shall  be   established   locally   through
negotiations conducted under article fourteen of the civil service law.
k.  Notwithstanding  any other provision of law, rule or regulation to
the contrary, by July first, two thousand twelve, the governing body  of
each school district and board of cooperative educational services shall
adopt  a  plan, on a form prescribed by the commissioner, for the annual
professional performance review of all of  its  classroom  teachers  and
building  principals in accordance with the requirements of this section
and the regulations of the commissioner, and shall submit such  plan  to
the  commissioner  for approval. The plan may be an annual or multi-year
plan, for the annual professional  performance  review  of  all  of  its
classroom  teachers  and  building  principals.  The  commissioner shall
approve or reject the plan by September first, two thousand  twelve,  or
as  soon  as  practicable thereafter. The commissioner may reject a plan
that does not rigorously adhere to the provisions of  this  section  and
the  regulations  of  the commissioner. Should any plan be rejected, the
commissioner shall describe each deficiency in the  submitted  plan  and
direct   that  each  such  deficiency  be  resolved  through  collective
bargaining to the extent required under article fourteen  of  the  civil
service  law.  If  any material changes are made to the plan, the school
district or board of cooperative educational services  must  submit  the
material  changes,  on  a  form  prescribed  by the commissioner, to the
commissioner for approval.  To  the  extent  that  by  July  first,  two
thousand  twelve,  or  by  July first of any subsequent year, if all the

terms of the plan have not been finalized  as  a  result  of  unresolved
collective  bargaining  negotiations, the entire plan shall be submitted
to the commissioner upon resolution of all of its terms, consistent with
article fourteen of the civil service law.
k-1. If material changes are submitted pursuant to paragraph k of this
subdivision  for an approved plan that solely relates to the elimination
of student assessments that are not required by state  or  federal  law,
the  commissioner  shall  expedite  his  or  her review of such material
changes and solely review those sections of the plan that relate to  the
eliminated  student  assessments  to ensure compliance with this section
and the regulations of the commissioner,  provided  that  the  governing
body  of  such  school  district  or  board  of  cooperative educational
services provide a written explanation of the material changes submitted
for approval, on a form prescribed by the commissioner, and certify that
no other material changes have been made to any other  sections  of  the
currently  approved  plan,  and  provided  further that the commissioner
shall complete such review of material changes properly  and  completely
submitted under this paragraph within ten business days of submission.
k-2. The commissioner shall take actions to reduce time spent on field
tests  for  students  taking the state administered standardized English
language arts and mathematics assessments for grades three through eight
to the extent federal funds are allowable for  such  purpose  under  the
state  stabilization  fund of the American Recovery and Reinvestment Act
of 2009 or are otherwise available.
l. In the event a school district does not have an annual professional
performance review plan approved by the commissioner for the  applicable
school  year  as  of  September  first  of  that  year, the collectively
bargained plan most recently approved or  the  plan  determined  by  the
commissioner shall remain in effect until a subsequent plan is agreed to
by  the  parties  in accordance with this section and is approved by the
commissioner.
3. Nothing in  this  section  shall  be  construed  to  excuse  school
districts  or  boards of cooperative educational services from complying
with the standards set forth in the regulations of the commissioner  for
conducting annual professional performance reviews of classroom teachers
or  principals,  including  but  not  limited to required quality rating
categories, in conducting evaluations prior to July first, two  thousand
eleven,  or, for classroom teachers or principals subject to paragraph c
of subdivision two of this section, prior to July  first,  two  thousand
twelve.
4.  Notwithstanding any other law, rule or regulation to the contrary,
upon rating a teacher  or  a  principal  as  developing  or  ineffective
through  an annual professional performance review conducted pursuant to
subdivision two of  this  section,  the  school  district  or  board  of
cooperative   educational   services   shall   formulate   and  commence
implementation of a teacher  or  principal  improvement  plan  for  such
teacher  or  principal  as soon as practicable but in no case later than
ten school days after the opening of classes for the school  year.  Such
improvement  plan  shall  be  consistent  with  the  regulations  of the
commissioner  and  developed  locally  through  negotiations   conducted
pursuant  to article fourteen of the civil service law. Such improvement
plan shall include, but need not be limited to, identification of needed
areas of improvement, a timeline for achieving improvement,  the  manner
in   which   improvement  will  be  assessed,  and,  where  appropriate,
differentiated  activities  to  support  a  teacher's   or   principal's
improvement in those areas.
5. a. An appeals procedure shall be locally established in each school
district  and in each board of cooperative educational services by which

the evaluated teacher or principal may only challenge the  substance  of
the  annual  professional  performance  review, the school district's or
board of cooperative educational services' adherence  to  the  standards
and  methodologies  required for such reviews, pursuant to this section,
the adherence to the regulations of the commissioner and compliance with
any applicable locally negotiated procedures,  as  well  as  the  school
district's or board of cooperative educational services' issuance and/or
implementation  of  the  terms  of  the teacher or principal improvement
plan, as required under this section. Appeal  procedures  shall  provide
for  the  timely  and  expeditious  resolution  of any appeal under this
subdivision. The specifics of the  appeal  procedure  shall  be  locally
established  through negotiations conducted pursuant to article fourteen
of the civil service law. An evaluation  which  is  the  subject  of  an
appeal  shall  not  be  sought  to  be  offered in evidence or placed in
evidence in any proceeding conducted pursuant to  either  section  three
thousand  twenty-a  of  this article or any locally negotiated alternate
disciplinary procedure, until the appeal process is concluded.
b. Nothing in this section shall be construed to alter or diminish the
authority of the governing  body  of  a  school  district  or  board  of
cooperative educational services to grant or deny tenure to or terminate
probationary  teachers  or  probationary  building principals during the
pendency of an appeal pursuant  to  this  section  for  statutorily  and
constitutionally   permissible   reasons   including  the  teacher's  or
principal's performance that is the subject of the appeal.
c. Nothing in this section shall be construed to authorize  a  teacher
or  principal  to  trigger  the appeal process prior to receipt of their
composite effectiveness score and rating from the district or  board  of
cooperative educational services.
5-a.   In   the  city  school  district  of  the  city  of  New  York,
notwithstanding any provision of law  to  the  contrary,  the  following
shall apply to classroom teachers:
a.  A  teacher who did not receive an ineffective rating in the annual
professional performance review for the prior school year  is  in  "year
one status".
b. A teacher who received an ineffective rating in the previous school
year  is  in  "year  two status", until and unless that rating is either
changed by the principal or reversed on appeal in  accordance  with  the
provisions  of this subdivision, or until and unless the teacher reverts
to  year  one  status  in  accordance  with  the  provisions   of   this
subdivision.
c.  A  teacher who is rated ineffective for a school year in which the
teacher has year one status shall have a right to appeal that rating  to
the  chancellor  of  the  city  school  district, who shall make a final
determination, unless an appeal is initiated  to  a  three-member  panel
subject to the following requirements. The united federation of teachers
(UFT)  may  appeal to a three-member panel the ineffective ratings of up
to thirteen percent of teachers who received  such  ineffective  ratings
for  a  school year. Any such appeal may only be made on the ground that
the ineffective rating was  given  due  to  harassment  or  reasons  not
related  to  job  performance.  These appeals shall be known as a "panel
appeals". The three-member panel shall consist of a person  selected  by
the UFT, a person selected by the chancellor of the city school district
and  an  independent person, not affiliated with the UFT or the district
and selected by the state education department, who shall be  the  chair
of  the  panel and conduct the appeal hearing. If the panel sustains the
appeal, the principal must submit to the panel a different rating, which
must be approved by the panel. Any ineffective rating that  is  appealed

to  the  panel  may not be appealed to the chancellor of the city school
district.
d.  The chancellor of the city school district shall notify the UFT of
all ineffective ratings. Each school year, if the UFT is notified of  an
ineffective rating prior to October first, a panel appeal of that rating
must  be initiated by the UFT by November first, provided that more than
thirteen percent of these ratings may be appealed to the panel. The  UFT
and the board of education shall negotiate, pursuant to article fourteen
of  the  civil  service  law,  a procedure for ensuring that each school
year, not more than thirteen percent of the ratings received by the  UFT
after  October  first  are appealed to the panel. The board of education
shall make all reasonable efforts to issue ratings and notify the UFT of
ineffective ratings by October first. Any rating  not  appealed  to  the
panel may be appealed by the individual teacher to the chancellor of the
city  school district. Appeals made to the chancellor of the city school
district must be filed within  ten  school  days  after  the  UFT  would
otherwise  be  required  to  notify  the  board  of education of a panel
appeal.
e. For  all  teachers  in  year  two  status,  unless  and  until  the
ineffective  rating  they  received  in  the  prior year is changed by a
principal or otherwise changed in accordance with the provisions of this
subdivision, an independent validator shall be appointed to evaluate the
teacher on each component of the annual professional performance  review
in  which  the  scoring  of  the  component  is at the discretion of the
principal.  These components shall not necessarily be limited to teacher
performance, but shall not include any components in which  the  scoring
of the component is outside the discretion of the principal, even if the
principal  has  discretion  in  a  related goal-setting process prior to
scoring. The independent  validator  shall  perform  three  observations
during  the  course  of the school year. The terms and conditions of the
observations shall be negotiated pursuant to the requirements of article
fourteen of the civil service law.
f. The UFT  and  the  board  of  education  shall  jointly  select  an
organization or organizations that employ certified educators, including
teachers,  to  perform  the  work as independent validators. Independent
validators  shall  not  be  employed  simultaneously  by  the  board  of
education  or  simultaneously have an individual contract with the board
of education. Should either the board of education or the UFT notify the
department that after a good faith effort the board of education and the
UFT are unable to jointly select organizations, the  commissioner  shall
name  organizations  subject to the following requirements. The board of
education shall set forth a  required  number  of  validators,  and  the
commissioner  shall  name  organizations  that can provide at least this
number  of  validators  whom  the  commissioner  deems  qualified.   The
commissioner shall name organizations based on the criteria set forth in
this  subdivision  that  apply  to  the mutual selection process for the
board of education  and  the  UFT  and  shall  also  consider  potential
conflicts of interest.
g. In an instance in which the independent validator does not complete
the  review process due to circumstances beyond the control of the board
of education, the teacher shall remain in year two status the  following
school  year.  Should  the independent validator not complete the review
process for a second consecutive school year and for any reason  in  the
second  year for other than a leave of absence or chronic absence on the
part of the teacher, the teacher shall return to  year  one  status  the
following school year.
h.  An  independent  validator shall be deemed to have agreed with the
principal when an independent validator's scoring, in  conjunction  with

the  scoring  of components not reviewed by the independent validator in
accordance with this subdivision, would result in a rating in  the  same
category on the annual professional performance review than would result
from the principal's rating.
i. For purposes of this subdivision, an independent validator shall be
deemed  to  have  disagreed  with  the  principal  when  an  independent
validator's scoring, in conjunction with the scoring of  components  not
reviewed   by   the   independent  validator  in  accordance  with  this
subdivision, would result in a rating in a  different  category  on  the
annual  professional  performance  review  than  would  result  from the
principal's rating.
j. If a teacher receives an ineffective rating for a  school  year  in
which  the  teacher  is in year two status and the independent validator
agrees, the district may bring a proceeding pursuant to  sections  three
thousand  twenty  and three thousand twenty-a of this article based on a
pattern of ineffective teaching or performance. In such proceeding,  the
charges  shall  allege  that  the  employing  board  has  developed  and
substantially implemented a teacher improvement plan in accordance  with
subdivision  four  of  this  section  for  the  employee  following  the
evaluation made for the year in which  the  employee  was  in  year  one
status and was rated ineffective. The pattern of ineffective teaching or
performance  shall give rise to a rebuttable presumption of incompetence
and if the presumption is not successfully rebutted, the finding, absent
extraordinary circumstances, shall be just cause for removal.  In  these
hearings,  the teacher shall have up to three days to present his or her
case for every one day used by the district to  present  its  case.  The
hearing  officer  shall render a written decision within ten days of the
last day of the hearing.
k. If the teacher receives an ineffective rating by the principal in a
school year in which they are in year two  status  and  the  independent
validator disagrees, the ineffective rating remains but the district may
not  bring  proceeding  based  on  a  pattern of ineffective teaching or
performance, as defined in this section, provided however  that  nothing
in  this  section  shall  prevent the board of education from charging a
teacher based on incompetence and entering the  principal's  evaluations
into evidence.
l.  If  upon  the  completion  of a hearing pursuant to sections three
thousand twenty and three  thousand  twenty-a  of  this  article,  based
either on a pattern of ineffective teaching or performance or charges of
incompetence in which year one or year two evaluations were entered into
evidence,  and  a  hearing  officer  finds  the teacher incompetent, but
decides not to terminate, the teacher remains in year two status for the
school year in progress or the following school year if the  finding  is
made in between school years. If upon the completion of the hearing, the
hearing  officer  exonerates  the teacher of charges of incompetence the
teacher shall revert to year one status if in the middle of  the  school
year  or at the beginning of the following school year if the finding is
made in between school years.
m. If the teacher receives an ineffective rating in year  two  by  the
principal  and  the validator agrees, and the district does not bring an
expedited proceeding pursuant to  sections  three  thousand  twenty  and
three thousand twenty-a of this article, the teacher may appeal the year
two  ineffective  rating  to the chancellor of the city school district,
who shall make a final determination.  If  the  rating  is  upheld,  the
teacher  shall remain in year two status for the subsequent school year,
but if following that year the  teacher  is  not  charged,  the  teacher
reverts to year one status for the next school year.
n. A process shall be established to evaluate the effectiveness of the
specific procedures established in this subdivision after two years from
the  effective date of this subdivision, provided however that a failure
or  delay  in  establishing  that  process  shall  not  invalidate   any
provisions of this subdivision.
o.  Notwithstanding  any  other  provision of law to the contrary, the
board of education  and  the  UFT  may  alter  any  provisions  of  this
subdivision through collective bargaining.
6. For purposes of disciplinary proceedings pursuant to sections three
thousand  twenty  and three thousand twenty-a of this article, a pattern
of ineffective teaching or performance shall  be  defined  to  mean  two
consecutive  annual  ineffective ratings received by a classroom teacher
or  building  principal  pursuant  to  annual  professional  performance
reviews conducted in accordance with the provisions of this section.
7. The regulations adopted pursuant to this section shall be developed
in consultation with an advisory committee consisting of representatives
of  teachers,  principals,  superintendents  of  schools, school boards,
school district and board of cooperative educational services  officials
and  other  interested  parties.  The  regulations  shall also take into
account any (i) professional  teaching  standards;  (ii)  standards  for
professional  contexts;  and  (iii)  standards for a continuum of system
support for teachers and principals developed in consultation  with  the
advisory  committee.  Regulations  promulgated  pursuant to this section
shall be effective no later than July first, two  thousand  eleven,  for
implementation  in  the  two thousand eleven--two thousand twelve school
year.
8. Notwithstanding any other provision of law, rule or  regulation  to
the   contrary,  all  collective  bargaining  agreements  applicable  to
classroom teachers or building principals entered into after July first,
two thousand ten shall be consistent with requirements of this  section.
Nothing  in  this section shall be construed to abrogate any conflicting
provisions of any collective bargaining  agreement  in  effect  on  July
first,  two thousand ten 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.
Furthermore, nothing in this  section  or  in  any  rule  or  regulation
promulgated  hereunder  shall  in any way, alter, impair or diminish the
rights of a local  collective  bargaining  representative  to  negotiate
evaluation  procedures  in accordance with article fourteen of the civil
service law with the school district or board of cooperative educational
services.
9. a. The department shall annually monitor  and  analyze  trends  and
patterns  in  teacher  and  principal  evaluation  results  and  data to
identify school districts, boards of  cooperative  educational  services
and/or  schools  where evidence suggests that a more rigorous evaluation
system is needed to improve educator effectiveness and student  learning
outcomes.  The  criteria  for  identifying  school  districts, boards of
cooperative educational services and/or schools shall be  prescribed  in
the regulations of the commissioner.
b.  A  school,  school  district  or  board of cooperative educational
services  identified  by  the  department  in  one  of  the   categories
enumerated  in  paragraph  a  of  this subdivision may be highlighted in
public reports and/or the commissioner may  order  a  corrective  action
plan,  which  may  include, but not be limited to, requirements that the
district or  board  of  cooperative  educational  services  arrange  for
additional   professional  development,  provide  additional  in-service

training and/or utilize independent trained  evaluators  to  review  the
efficacy  of  the  evaluation  system,  provided  that the plan shall be
consistent with law and not in conflict with any  applicable  collective
bargaining agreement.
10. Each school district and board of cooperative educational services
shall  fully  disclose  and release to the public and the department the
final quality ratings and composite effectiveness scores from the annual
professional performance reviews  of  its  teachers  and  principals  as
provided in this subdivision.
a.  The  commissioner  shall  fully  disclose professional performance
review data for teachers and principals  in  each  school  district  and
board  of cooperative educational services on the department website and
in any other manner to make such data widely available  to  the  public.
Such  data  shall  be  suitable for research, analysis and comparison of
professional performance review data for teachers and  principals.  Such
public  disclosure shall include but not be limited to the final quality
ratings and  composite  effectiveness  scores  by  school  district  for
principal  evaluation  data,  by  school building for teacher evaluation
data and, within each district and school building,  by  class,  subject
and  grade;  final quality ratings and composite effectiveness scores by
region, district wealth, district  need  category,  student  enrollment,
type  of  school (i.e. elementary, middle and high school), student need
(e.g., poverty level), and district spending; final quality ratings  and
composite  effectiveness  scores by the percentage or number of teachers
and principals in each final quality rating category, moving to a higher
rating category than  the  previous  year,  moving  to  a  lower  rating
category  than  the previous year, and retained in each rating category;
and data on tenure granting and denial based on the final quality rating
categories.
b. Each school district and board of cooperative educational  services
shall fully disclose and release to the parents and legal guardians of a
student  the  final quality rating and composite effectiveness score for
each of the teachers and for the principal of  the  school  building  to
which  the  student  is  assigned  for  the current school year upon the
request of such parents and legal guardians. The governing body of  each
school  district  and  board  of  cooperative educational services shall
provide conspicuous notice to parents and legal guardians of  the  right
to  obtain  such information. Parents and legal guardians may review and
receive such data in any manner, including by phone or in person;  shall
receive  an  oral  or written explanation of the composite effectiveness
scoring ranges for final quality ratings; and be  offered  opportunities
to  understand  such  scores  in  the  context of teacher evaluation and
student performance. Reasonable efforts shall be made to verify that any
such request is a bona fide request by a parent or guardian entitled  to
review and receive such data pursuant to this paragraph.
c.  The  department  and each school district and board of cooperative
educational services shall ensure that any  release  to  the  public  of
annual  professional  performance review data, or any other data that is
used as a component of annual professional performance reviews, does not
include personally identifying information for any teacher or principal,
provided, however, that nothing shall impair the right  of  parents  and
legal  guardians  to  review  and  receive  the final quality rating and
composite effectiveness score of individual teachers and  principals  as
provided  in  paragraph  b  of  this  subdivision.  Annual  professional
performance reviews of individual teachers and principals shall  not  be
subject  to  disclosure  pursuant  to article six of the public officers
law.
d. Nothing in this subdivision  shall  prohibit  the  department  from
collecting  such  data and materials from school districts and boards of
cooperative educational services  as  is  necessary  to  carry  out  its
functions  and  duties,  including  its  responsibilities related to the
federal Race to the Top program.