reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-2 - Annual Professional Performance Reviews of Classroom Teachers and Building Principals Conducted Prior to the 2019-20 School Year or for Annual Professional Performance Reviews Conducted Pursuant to a Collective Bargaining Agreement Entered into on or Before April 12, 2019 Which Remains in Effect on or After April 12, 2019 Until a Subsequent Agreement is Reached › Section 30-2.9 - Approval process for approved teacher and principal practice rubrics

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A provider who
				  seeks to place a teacher or principal practice rubric on the list of approved
				  rubrics under this section shall submit to the commissioner a written
				  application in a form and within the time prescribed by the
				  commissioner.
(b)
Teacher
				  practice rubric.
The commissioner shall evaluate a rubric for inclusion on
					 the department's list of approved practice rubrics for classroom teachers
					 pursuant to a request for qualification (RFQ) process. Such proposals shall
					 meet the criteria outlined by the commissioner in the RFQ process.
(c)
Principal practice
				  rubric.
The commissioner shall evaluate a rubric for inclusion on
					 the department's list of approved practice rubrics for building principals
					 pursuant to a request for qualification (RFQ) process. Such proposals shall
					 meet the criteria outlined by the commissioner in the RFQ process.
(d)
Termination of approval
				  of a teacher or principal scoring rubric.
Approval for inclusion on the department's list of approved
					 rubrics may be withdrawn for good cause, including, but not limited to, a
					 determination by the commissioner that the rubric:
(1) does not comply with one or more of the
				  criteria for approval set forth in this section or the criteria set forth in
				  the request for qualification;
(2)
				  the department determines that the practice rubric is not identifying
				  meaningful and/or observable differences in performance levels across schools
				  and classrooms; and/or
(3)
				  high-quality academic research calls into question the correlation between high
				  performance on this rubric and positive student learning outcomes.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-2 - Annual Professional Performance Reviews of Classroom Teachers and Building Principals Conducted Prior to the 2019-20 School Year or for Annual Professional Performance Reviews Conducted Pursuant to a Collective Bargaining Agreement Entered into on or Before April 12, 2019 Which Remains in Effect on or After April 12, 2019 Until a Subsequent Agreement is Reached › Section 30-2.11 - Teacher or principal improvement plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon rating
				  a teacher or a principal as developing or ineffective through an annual
				  professional performance review conducted pursuant to Education Law section
				  3012-d and this Subpart, a district shall
				  formulate and commence implementation of a teacher or principal improvement
				  plan for such teacher or principal by October 1st in the school year following
				  the school year for which such teacher's or principal's performance is being
				  measured or as soon as practicable thereafter.
(b) Such improvement plan shall be developed
				  by the superintendent or his or her designee in the exercise of their
				  pedagogical judgment, and subject to collective bargaining to the extent
				  required under article 14 of the Civil Service Law, and shall include, but need
				  not be limited to, identification of needed areas of improvement, a timeline
				  for achieving improvement, the manner in which the improvement will be
				  assessed, and, where appropriate, differentiated activities to support a
				  teacher's or principal's improvement in those areas.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-2 - Annual Professional Performance Reviews of Classroom Teachers and Building Principals Conducted Prior to the 2019-20 School Year or for Annual Professional Performance Reviews Conducted Pursuant to a Collective Bargaining Agreement Entered into on or Before April 12, 2019 Which Remains in Effect on or After April 12, 2019 Until a Subsequent Agreement is Reached › Section 30-2.12 - Appeal procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  annual professional performance review plan under this Subpart shall describe
				  the appeals procedure utilized by a district through which an evaluated teacher
				  or principal may challenge their annual professional performance review.
				  Pursuant to Education Law section
				  3012-d, a teacher or principal may only
				  challenge the following in an appeal:
(1) the
				  substance of the annual professional performance review; which shall include
				  the following:
(i) in the instance of a
				  teacher or principal rated Ineffective on the student performance category but
				  rated highly effective on the observation/school visit category based on an
				  anomaly, as determined locally.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-2 - Annual Professional Performance Reviews of Classroom Teachers and Building Principals Conducted Prior to the 2019-20 School Year or for Annual Professional Performance Reviews Conducted Pursuant to a Collective Bargaining Agreement Entered into on or Before April 12, 2019 Which Remains in Effect on or After April 12, 2019 Until a Subsequent Agreement is Reached › Section 30-2.13 - Monitoring and consequences for non-compliance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  department will annually monitor and analyze trends and patterns in teacher and
				  principal evaluation results and data to identify districts and/or schools
				  where evidence suggests that a more rigorous evaluation system is needed to
				  improve educator effectiveness and student learning outcomes. The department
				  will analyze data submitted pursuant to this Subpart to identify:
(1) schools or districts with unacceptably
				  low correlation results between student growth on the student performance
				  category and the teacher observation/principal school visit category used by
				  the district to evaluate its teachers and principals; and/or
(2) schools or districts whose teacher and
				  principal overall ratings and subcomponent scores and/or ratings show little
				  differentiation across educators and/or the lack of differentiation is not
				  justified by equivalently consistent student achievement results; and/or
				  schools or districts that show a pattern of anomalous results in the student
				  performance and observation/school visits categories.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-2 - Annual Professional Performance Reviews of Classroom Teachers and Building Principals Conducted Prior to the 2019-20 School Year or for Annual Professional Performance Reviews Conducted Pursuant to a Collective Bargaining Agreement Entered into on or Before April 12, 2019 Which Remains in Effect on or After April 12, 2019 Until a Subsequent Agreement is Reached › Section 30-2.14 - Prohibition against student being instructed by two consecutive ineffective teachers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  student may not be instructed, for two consecutive school years, in the same
				  subject 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
				  teacher-specific waiver from the department from such requirement, on a form
				  and timeframe prescribed the commissioner.
(b) If a district assigns a student to a
				  teacher rated ineffective in the same subject for two consecutive years, the
				  district must seek a waiver from this requirement for the specific teacher in
				  question. The commissioner may grant a waiver from this requirement if:
(1) the district cannot make alternative
				  arrangements and/or reassign a teacher to another grade/subject because a
				  hardship exists (for example, too few teachers with higher ratings are
				  qualified to teach such subject in that district); and
(2) the district has an improvement and/or
				  removal plan in place for the teacher at issue that meets certain guidelines
				  prescribed by the commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-2 - Annual Professional Performance Reviews of Classroom Teachers and Building Principals Conducted Prior to the 2019-20 School Year or for Annual Professional Performance Reviews Conducted Pursuant to a Collective Bargaining Agreement Entered into on or Before April 12, 2019 Which Remains in Effect on or After April 12, 2019 Until a Subsequent Agreement is Reached › Section 30-2.16 - Challenges to State-provided growth scores

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A teacher/principal shall have the right
				  to challenge their State-provided growth score under this Subpart; provided
				  that the teacher/principal provides sufficient documentation that he/she meets
				  at least one of the following criteria in their annual evaluation:
(1) a teacher/principal was rated ineffective
				  on his/her State-provided growth score and highly effective on the
				  observation/school visit category in the current year and was rated either
				  effective or highly effective on his/her State-provided growth score in the
				  previous year; or
(2) a high school
				  principal of a building that includes at least all of grades 9-12, was rated
				  ineffective on the State-provided growth score but such percent of students as
				  shall be established by the commissioner in his/her school/program within four
				  years of first entry into grade 9 received results on department-approved
				  alternative examinations in English language arts and/or mathematics as
				  described in section
				  100.2(f) 
				  of this Title (including, but not limited to, advanced placement examinations,
				  and/or International Baccalaureate examinations, SAT II, etc.) scored at
				  proficiency (
i.e.
, a Level 3 or higher).
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-2 - Annual Professional Performance Reviews of Classroom Teachers and Building Principals Conducted Prior to the 2019-20 School Year or for Annual Professional Performance Reviews Conducted Pursuant to a Collective Bargaining Agreement Entered into on or Before April 12, 2019 Which Remains in Effect on or After April 12, 2019 Until a Subsequent Agreement is Reached › Section 30-2.17 - Annual professional performance review ratings for annual professional performance reviews conducted pursuant to Education Law section 3012-d and this Subpart prior to the 2019-20 school year or for any annual professional performance review conducted pursuant to a collective bargaining agreement entered into on or before April 12, 2019 that remains in effect after April 12, 2019 until a successor agreement is reached, during a transition to higher learning standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
				  purposes of this section,
State assessments
shall mean the
				  grades 3-8 English language arts and mathematics State assessments.
(b) Notwithstanding any other provision of
				  this Subpart to the contrary, the commissioner shall establish procedures in
				  guidance for determining transition scores and ratings for teachers and
				  principals whose annual professional performance reviews conducted pursuant to
				  Education Law section 3012-d  and this Subpart are based, in
				  whole or in part, on State assessments and/or State-provided growth scores on
				  Regents examinations pursuant to a collective bargaining agreement entered into
				  on or before April 12, 2019 that remains in effect after April 12, 2019 until a
				  successor agreement is reached.
(1) During
				  the transition period, a transition score and rating on the student performance
				  category, and a transition rating that incorporates the student performance
				  category rating shall be generated based on:
(i) the scores/ratings in the subcomponents
				  of the student performance category that are not based on State assessments
				  and/or a State-provided growth score on Regents assessments; and
(ii) in instances where no scores/ratings in
				  the subcomponents of the student performance category can be generated,
				  notwithstanding any other provision of this Subpart to the contrary, a SLO
				  shall be developed by the district/BOCES consistent with guidelines prescribed
				  by the commissioner using assessments approved by the department that are not
				  State assessments.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter › Section 30-3.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For classroom
				  teacher and building principal evaluations conducted by districts pursuant to a
				  collective bargaining agreement entered into after April 12, 2019 for the
				  2019-2020 school year and each school year thereafter, the governing body of
				  each district shall ensure that such evaluations are conducted in accordance
				  with the requirements of Education Law section
				  3012-d, as amended by Chapter 59 of the
				  Laws of 2019 and this Subpart.
(b)
				  The requirements of Education Law section
				  3012-d as enacted by Chapter 56 of the
				  Laws of 2015 and Subpart 30-2 of this Part shall continue to apply to annual
				  professional performance reviews conducted prior to the 2019-2020 school year
				  or for any annual professional performance review conducted on or after the
				  2019-2020 school year pursuant to a collective bargaining agreement entered
				  into on or before April 12, 2019 that remains in effect after April 12, 2019
				  until a successor agreement is reached.
(c) In accordance with Education Law section
				  3012-d(1), annual
				  professional performance reviews of classroom teachers and building principals
				  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. Nothing herein
				  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, including the performance of a
				  classroom teacher or building principal evaluated pursuant to the requirements
				  of this Subpart.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter › Section 30-3.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart:
(a) Approved teacher or principal practice
				  rubric shall mean a rubric approved by the commissioner for inclusion on the
				  State Education Department's list of approved rubrics in teacher or principal
				  evaluations.
(b) Approved student
				  assessment shall mean a student assessment approved by the commissioner for
				  inclusion in the State Education Department's lists of approved student
				  assessments to measure student growth for use in the mandatory subcomponent
				  and/or for use in the optional subcomponent of the student performance
				  category.
(1) Approved assessments in grades
				  kindergarten through grade two. Traditional standardized assessments in grades
				  kindergarten through grade two shall not be on the approved list. However, an
				  assessment that is not a traditional standardized assessment shall be
				  considered an approved student assessment if the superintendent, district
				  superintendent, or chancellor of a district that chooses to use such assessment
				  certifies in its annual professional performance review plan that the
				  assessment is not a traditional standardized assessment, and that the
				  assessment meets the minimum requirements prescribed by the commissioner in
				  guidance.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter › Section 30-3.4 - Standards and criteria for conducting annual professional performance reviews of classroom teachers under Education Law section 3012-d

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Annual professional performance reviews
				  conducted under this section shall differentiate teacher effectiveness
				  resulting in a teacher being rated highly effective, effective, developing or
				  ineffective based on multiple measures in two categories: the student
				  performance category and the teacher observation category.
(b) Student performance category.
The student performance category shall have one required
					 subcomponent and one optional subcomponent as follows:
(1) Required first subcomponent.
(i) Each teacher shall have a student
				  learning objective (SLO) using a form prescribed by the commissioner,
				  consistent with the SLO process determined or developed by the commissioner,
				  that results in a student growth score based on a State-created or
				  -administered assessment or other approved student assessment. The SLO process
				  determined by the commissioner shall include a minimum growth target of one
				  year of expected growth. Such targets may take the following characteristics
				  into account: poverty, students with disabilities, English language learner
				  status, and prior academic history; provided, however, that the selection and
				  use of the assessment for the SLO shall be subject to collective bargaining.
				  SLOs shall include the following SLO elements, as defined by the commissioner
				  in guidance:
(a) student
				  population;
(b) learning
				  content;
(c) interval of
				  instructional time;
(d)
				  evidence;
(e) baseline;
(f) target;
(g) criteria for rating a teacher highly
				  effective, effective, developing or ineffective (HEDI); and
(h) rationale.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter › Section 30-3.5 - Standards and criteria for conducting annual professional performance reviews of building principals under Education Law section 3012-d

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Ratings.
Annual professional performance reviews conducted under
					 this section shall differentiate principal effectiveness resulting in a
					 principal being rated highly effective, effective, developing or ineffective
					 based on multiple measures in the following two categories: the student
					 performance category and the school visit category.
(b) Student performance category.
Such category shall have at least one required subcomponent
					 and an optional second subcomponent as follows:
(1) Required first subcomponent. A district
				  may select, or if applicable, collectively bargain one or more measures for the
				  required student performance category that shall be applied in a consistent
				  manner, to the extent practicable, across the district. Such measure shall be
				  based on one or more of the following:
(i) A
				  student learning objective (SLO), on a form prescribed by the commissioner,
				  consistent with the SLO process determined or developed by the commissioner,
				  that results in a student growth score based on a State-created or
				  -administered assessment or other State-approved student assessment. Such SLO
				  may be either principal- and building- or program-specific or based on
				  district-, or BOCES-wide group, team, or linked results. The SLO process
				  determined by the commissioner shall include a minimum growth target of one
				  year of expected growth, as determined by the superintendent or their designee.
				  Such targets, as determined by the superintendent or their designee, may take
				  the following characteristics into account: poverty, students with
				  disabilities, English language learner status and prior academic history. SLOs
				  shall include the following elements, as defined by the commissioner in
				  guidance:
(a) student population;
(b) learning content;
(c) interval of instructional time;
(d) evidence;
(e) baseline;
(f) target;
(g) criteria for rating a principal highly
				  effective, effective, developing or ineffective (HEDI); and
(h) rationale.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter › Section 30-3.6 - Rating determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The overall rating determination for a teacher or principal shall be determined
				  according to a methodology as follows:
Observation/School Visit
Highly Effective (H) Effective (E) Developing (D)
					 Ineffective (I)
Student
Performance Highly Effective (H) H H E D
effective (E) H E E D
Developing (D) E E D I
Ineffective (I) D D I I
(b) The district 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. In the event that a
				  teacher/principal earns a score of 1 on all rated components of the practice
				  rubric across all observations, a score of 0 will be assigned. 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 weights and scoring
				  ranges provided by the commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter › Section 30-3.7 - Prohibited elements

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to Education Law section
					 3012-d(6), the
					 following elements shall no longer be eligible to be used in any evaluation
					 subcomponent pursuant to this Subpart:
(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.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter › Section 30-3.8 - Approval process for student assessments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Approval of student assessments for the
				  evaluation of classroom teachers and building principals.
An assessment provider who seeks to place an assessment on
					 the list of approved student assessments under this section shall submit to the
					 commissioner a written application in a form and within the time prescribed by
					 the commissioner.
(b) The
				  commissioner shall evaluate a student assessment(s) for inclusion on the
				  department's list(s) of approved student assessments for use in the required
				  and/or optional subcomponents of the student performance category based on the
				  criteria outlined in the RFQ or request for proposal (RFP); provided, however,
				  that assessments utilized as an alternative assessment for calculating
				  transition scores and ratings for educators whose original evaluations are
				  based, in whole or in part, on the grades three through eight ELA and
				  mathematics State assessments approved by the commissioner on or before April
				  12, 2019, shall be included on the Department's approved list.
(c) Termination of approval.
Approval shall be withdrawn for good cause, including, but
					 not limited to, a determination by the commissioner that:
(1) the assessment does not comply with one
				  or more of the criteria for approval set forth in Subpart or in the RFQ or
				  RFP;
(2) the department determines
				  that the assessment is not identifying meaningful and/or observable differences
				  in performance levels across schools and classrooms; and/or
(3) high quality academic research calls into
				  question the correlation between high performance on the assessment and
				  positive student learning outcomes.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter › Section 30-3.9 - Approval process for approved teacher and principal practice rubrics

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A provider who
				  seeks to place a teacher or principal practice rubric on the list of approved
				  rubrics under this section shall submit to the commissioner a written
				  application in a form and within the time prescribed by the
				  commissioner.
(b) Teacher practice
				  rubric.
The commissioner shall evaluate a rubric for inclusion on
					 the department's list of approved practice rubrics for classroom teachers
					 pursuant to a request for qualification (RFQ) process. Such proposals shall
					 meet the criteria outlined by the commissioner in the RFQ process.
(c) Principal practice rubric.
The commissioner shall evaluate a rubric for inclusion on
					 the department's list of approved practice rubrics for building principals
					 pursuant to a request for qualification (RFQ) process. Such proposals shall
					 meet the criteria outlined by the commissioner in the RFQ process.
(d) Termination of approval of a
				  teacher or principal scoring rubric.
Approval for inclusion on the department's list of approved
					 rubrics may be withdrawn for good cause, including, but not limited to, a
					 determination by the commissioner that the rubric:
(1) does not comply with one or more of the
				  criteria for approval set forth in this section or the criteria set forth in
				  the request for qualification;
(2)
				  the department determines that the practice rubric is not identifying
				  meaningful and/or observable differences in performance levels across schools
				  and classrooms; and/or
(3)
				  high-quality academic research calls into question the correlation between high
				  performance on this rubric and positive student learning outcomes.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter › Section 30-3.11 - Teacher or principal improvement plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon rating a teacher or a principal as
				  developing or ineffective through an annual professional performance review
				  conducted pursuant to Education Law section
				  3012-d as amended by Chapter 59 of the
				  Laws of 2019 and this Subpart, a district shall formulate and commence
				  implementation of a teacher or principal improvement plan for such teacher or
				  principal by October 1st in the school year following the school year for which
				  such teacher's or principal's performance is being measured or as soon as
				  practicable thereafter.
(b) Such
				  improvement plan shall be developed by the superintendent or their designee in
				  the exercise of their pedagogical judgment, and subject to collective
				  bargaining to the extent required under article 14 of the Civil Service Law,
				  and shall include, but need not be limited to, identification of needed areas
				  of improvement, a timeline for achieving improvement, the manner in which the
				  improvement will be assessed, and, where appropriate, differentiated activities
				  to support a teacher's or principal's improvement in those areas.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter › Section 30-3.12 - Appeal procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  annual professional performance review plan under this Subpart shall describe
				  the appeals procedure utilized by a district through which an evaluated teacher
				  or principal may challenge their annual professional performance review.
				  Pursuant to Education Law section
				  3012-d, as amended by Chapter 59 of the
				  Laws of 2019, a teacher or principal may only challenge the following in an
				  appeal:
(1) the substance of the annual
				  professional performance review; which shall include the following:
(i) in the instance of a teacher or principal
				  rated Ineffective on the student performance category but rated highly
				  effective on the observation/school visit category based on an anomaly, as
				  determined locally.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter › Section 30-3.13 - Monitoring and consequences for non-compliance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department will annually monitor and
				  analyze trends and patterns in teacher and principal evaluation results and
				  data to identify districts and/or schools where evidence suggests that a more
				  rigorous evaluation system is needed to improve educator effectiveness and
				  student learning outcomes. The department will analyze data submitted pursuant
				  to this Subpart to identify:
(1) schools or
				  districts with unacceptably low correlation results between student growth on
				  the student performance category and the teacher observation/principal school
				  visit category used by the district to evaluate its teachers and principals;
				  and/or
(2) schools or districts
				  whose teacher and principal overall ratings and subcomponent scores and/or
				  ratings show little differentiation across educators and/or the lack of
				  differentiation is not justified by equivalently consistent student achievement
				  results; and/or schools or districts that show a pattern of anomalous results
				  in the student performance and observation/school visits categories.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter › Section 30-3.14 - Prohibition against student being instructed by two consecutive ineffective teachers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  student may not be instructed, for two consecutive school years, in the same
				  subject 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
				  teacher-specific waiver from the department from such requirement, on a form
				  and timeframe prescribed the commissioner.
(b) If a district assigns a student to a
				  teacher rated ineffective in the same subject for two consecutive years, the
				  district must seek a waiver from this requirement for the specific teacher in
				  question. The commissioner may grant a waiver from this requirement if:
(1) the district cannot make alternative
				  arrangements and/or reassign a teacher to another grade/subject because a
				  hardship exists (for example, too few teachers with higher ratings are
				  qualified to teach such subject in that district); and
(2) the district has an improvement and/or
				  removal plan in place for the teacher at issue that meets certain guidelines
				  prescribed by the commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter › Section 30-3.16 - Variance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A variance from
				  one or more of the requirements of this Subpart and the district's approved
				  evaluation plan may be granted to a district that seeks to develop and
				  implement new and innovative approaches to evaluation that meets the specific
				  needs of the applicant upon a finding by the commissioner that the new and
				  innovative approach meets the criteria described in this section and the
				  district has demonstrated how it will ensure differentiated results over time
				  and how the results of the evaluation will be used to provide personalized
				  professional learning opportunities to teachers and principals.
(b) A district requesting a variance from one
				  or more provisions of this Subpart and their approved evaluation plan must
				  submit such request for approval on a form and in a timeframe prescribed by the
				  commissioner. The commissioner shall approve or reject the variance
				  application. The variance application shall include, but not be limited to:
(1) A description of one or more specific
				  provisions of this Subpart for which the district is seeking a
				  variance.
(2) A rationale for each
				  provision for which a variance is sought.
(3) A description of the standards and
				  procedures that will be used in lieu of those described in this Subpart and
				  their approved evaluation plan for each specific provision for which a variance
				  is sought.
(4) A description of how
				  the district will ensure that evaluations are rigorous and enable strong and
				  equitable inferences about the effectiveness of the district's
				  educators.
(5) A description of how
				  the district will use the information collected through the evaluation system,
				  including the assigned effectiveness ratings, to provide personalized
				  professional learning opportunities for teachers and principals.
(6) A description of how the district will
				  assess the effectiveness of the implementation of the variance.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter › Section 30-3.17 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Subpart or its application to any
					 person or circumstances is adjudged invalid by a court of competent
					 jurisdiction, such judgment shall not affect or impair the validity of the
					 other provisions of the Subpart or their application to other persons and
					 circumstances, and those remaining provisions shall not be affected but shall
					 remain in full force and effect.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 31 - Proceedings Relating To The Unauthorized Practice Of The Professions Or The Unauthorized Use Of A Professional Title › Section 31.1 - Application of this part

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply to all proceedings
				  commenced pursuant to section 6516  of the Education Law, relating to the
				  unauthorized practice of a profession or the unauthorized use of a professional
				  title.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 31 - Proceedings Relating To The Unauthorized Practice Of The Professions Or The Unauthorized Use Of A Professional Title › Section 31.2 - Complaints and investigations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Any person or organization who has reasonable cause to believe that a person
				has violated any provision of section 6512 or
				6513  of the Education Law may file a
				written complaint, on a form prescribed by the commissioner, with the
				Professional Conduct Officer, New York State Education Department, 475 Park
				Avenue South, 2nd Floor, New York, NY 10016 or to any regional office of the
				Office of Professional Discipline. The complaint shall describe, with
				particularity, the alleged unauthorized practice and/or unauthorized use of a
				professional title, including the date or dates on which an alleged violation
				occurred. Such complaint shall be sufficiently clear to advise the department
				of the nature of the specific act or acts complained of.
(b) When appropriate, the department shall
				investigate the complaint. The department may also commence an investigation,
				without having received a complaint, based on information indicating that a
				violation of section 6512 or
				6513  of the Education Law may have
				occurred. The results of such investigation shall be referred to the
				professional conduct officer, or his or her designee. After consultation with a
				professional member or members of the applicable State board for the
				profession, the professional conduct officer, or his or her designee, shall
				determine whether there is substantial evidence of unauthorized practice of a
				profession or unauthorized use of a professional title and whether further
				action pursuant to section 6516  of the Education Law is
				warranted.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 31 - Proceedings Relating To The Unauthorized Practice Of The Professions Or The Unauthorized Use Of A Professional Title › Section 31.3 - Cease and desist order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever
				the department has reasonable cause to believe that a person has violated any
				provision of section 6512 or
				6513  of the Education Law, the department
				may issue a written order to cease and desist from such violation, on a form
				prescribed by the commissioner.
(b)
				Contents of cease and desist order. Cease and desist orders issued pursuant to
				this Part shall:
(1) describe with
				particularity the alleged unauthorized practice and/or unauthorized use of a
				professional title, including the date or dates on which the alleged violation
				or violations occurred, with a specific reference to the provision or
				provisions of law alleged to have been violated;
(2) order the respondent to cease the
				specified unauthorized activity; and
(3) provide respondent with written
				notification of the following:
(i)
				respondent's right to request a hearing before a hearing officer designated by
				the department, within 30 days of receipt of the cease and desist order, if
				respondent desires to contest the cease and desist order;
(ii) where respondent can obtain a form to
				request a hearing;
(iii)
				respondent's right to request a stay of the cease and desist order at the time
				a hearing is requested;
(iv) where
				respondent can obtain a form to request a stay;
(v) respondent's right to personally appear
				at the hearing;
(vi) respondent's
				right to be represented by counsel at the hearing;
(vii) respondent's right to produce witnesses
				and evidence on his or her behalf at the hearing;
(viii) respondent's right to cross-examine
				witnesses and examine evidence produced against him or her at the
				hearing;
(ix) respondent's right to
				issue subpoenas in accordance with section 304 of the State Administrative
				Procedure Act; and
(x) respondent's
				right to file a written answer to the cease and desist order no later than five
				days prior to the first scheduled hearing date.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 31 - Proceedings Relating To The Unauthorized Practice Of The Professions Or The Unauthorized Use Of A Professional Title › Section 31.4 - Civil penalties and restitution

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Civil penalties. Whenever the department concludes that civil penalties may be
				warranted, it may seek to impose a civil penalty of up to $5,000 for each
				violation.
(1) Factors to be considered in
				determining whether to impose a civil penalty may include, but need not be
				limited to:
(i) the nature of the violation
				and of any injury resulting therefrom;
(ii) the degree of danger to the public
				caused by the unauthorized conduct;
(iii) whether the unauthorized conduct was
				inadvertent, or was committed with knowledge that the conduct was
				unauthorized;
(iv) the duration and
				frequency of the unauthorized conduct;
(v) any past history or findings of
				unauthorized practice by the respondent; and
(vi) respondent's failure to comply with any
				cease and desist order previously issued.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 31 - Proceedings Relating To The Unauthorized Practice Of The Professions Or The Unauthorized Use Of A Professional Title › Section 31.5 - Request for a hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a
				respondent to a cease and desist order contests the cease and desist order, the
				respondent shall request a hearing conducted by the department within 30 days
				of respondent's receipt of such cease and desist order.
(b) A request for a hearing shall be in
				writing, on a form prescribed by the commissioner, and shall contain the
				following information:
(1) an address and
				phone number designated by respondent for receipt of all
				correspondence;
(2) the name,
				address, and phone number of respondent's attorney, if respondent chooses to be
				represented by an attorney;
(3) a
				request for a stay, on a form prescribed by the commissioner, if respondent
				requests a stay of such cease and desist order pursuant to section
				31.6 
				of this Part; and
(4) the basis for
				respondent's objection to the cease and desist order and to any civil penalty
				or restitution being sought, if any.