2023 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   and   the   two   thousand
twenty-one--two  thousand twenty-two school years, 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.