Amd Part EE subpart E S1, Chap 56 of 2015; amd SS3012-d & 305, Ed L
 
Relates to annual performance review public comment period; directs the release of statewide English language arts and mathematics exam questions; relates to the addition of student characteristics for consideration of student performance; establishes a content review committee for reviewing standardized test items; relates to the board of regents; directs the commissioner to conduct a comprehensive review of education standards administered by the state education department; appropriates money therefor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7303A
SPONSOR: Nolan
 
TITLE OF BILL:
An act to amend chapter 56 of the laws of 2015 amending the education
law relating to annual performance reviews of classroom teachers and
building principals, in relation to the public comment period; and to
amend the education law, in relation to annual teacher and principal
evaluations; to amend the education law, in relation to directing the
release of test questions on statewide English language arts and math-
ematics examinations; and making an appropriation therefor; to amend the
education law, in relation to the addition of student characteristics
for consideration of student performance; to amend the education law, in
relation to establishing a content review committee for the purpose of
reviewing new standardized test items; to amend the education law, in
relation to the board of regents; to amend the education law, in
relation to the teacher observations category; and to direct the commis-
sioner of education to conduct a comprehensive review of the education
standards administered by the state education department
 
PURPOSE:
This bill would make amendments to the education law to extend the time
for when the commissioner and Board of Regents must adopt regulations
and guidelines for implementing a statewide annual teacher and principal
evaluation system; extend the period in which school districts must
implement an approved evaluation system and delinks the increase in aid
for school districts to the implementation of the teacher and principal
evaluation system; require the state education department (SED) to
release significantly more test questions and answers and provides an
appropriation to do so; require SED to take certain student character-
istics into consideration when calculating state provided student growth
scores; allow districts to use the independent evaluator subcomponent as
part of a voluntary demonstration project; establish a standardized test
content review committee; require the commissioner to review the Common
Core learning standards; and amend the definition of "state-designed
supplemental assessments" under 3012-d of the education law.
 
SUMMARY OF PROVISIONS:
Section one would require the commissioner to adopt regulations and
guidelines related to implementing a statewide annual teacher and prin-
cipal evaluation system by November 17th, 2015.
Section two would extend to November 15, 2016 or by September first of
each subsequent school year the deadline for when school districts are
required to have fully implemented an annual teacher and principal eval-
uations system, and would eliminate the contingency requirement for
school districts to fully implement the new evaluation system in order
to be eligible to receive an increase in aid for the 2015-2016 school
year and thereafter.
Section three would require SED to release by June 1, 2015 and annually
thereafter, a significant amount of test questions and corresponding
correct answers from the most recent grades three through eight English
language arts and math exams in order to provide sufficient feedback for
educators, parents, and students.
Section four would appropriate $8.4 million to allow SED to create and
print more test forms in order to eliminate standalone multiple choice
field testing and release a significant amount of test questions.
Section five would require SED to ensure that state-provided student
growth scores for certain teachers would consider certain factors, such
as English language learners, students with disabilities, students who
are in poverty status, as well as students' prior academic history.
Section six would no longer require school districts to use the impar-
tial independent trained evaluator subcomponent of the teacher observa-
tion category, but would instead allow school districts to use the inde-
pendent evaluator as part of a voluntary demonstration project that may
be established by SED.
Section seven and eight would require SED to establish a content review
committee to review new standardized test items and/or selected passages
for use on state exams in grades three through eight to ensure that
tests are presented at a readability level that is grade level appropri-
ate and provide that any contracts previously entered into by SED
related to standardized assessments must be amended in order to reflect
grade level appropriate test questions and content.
Section nine would require the commissioner to review the Common Core
learning standards.
Section ten would amend the definition of state designed supplemental
assessments in section 3012-d to include other locally selected measures
of student achievement that are approved by SED.
Section eleven would provide for the effective date.
 
JUSTIFICATION:
Under current law the commissioner and Board of Regents are required to
adopt changes to the annual teacher and principal evaluations by June
30, 2015. Additionally, under current law, school districts must fully
implement the new requirements under section 3012-d by November 15, 2015
or by September 1st of the following year in order to be eligible to
receive an increase in aid. This bill would extend the deadline for the
adoption of regulations until November 17, 2015, so that the Board has
sufficient time to carefully consider input from educators, administra-
tors, and other stakeholders in order to properly implement a new evalu-
ation system and to comply with the timelines established in the State
Administrative Procedure Act. Students should not be denied necessary
resources for a sound education due to the inability of adults to make
agreements, and this bill would eliminate the contingency that school
districts must implement a new evaluation system in order to be eligible
to receive an increase in aid. Although school districts currently must
implement the new evaluation system by November 15, 2015 or by September
1, 2016, it would be in the best interest of students to further extend
such deadline by one year.
The bill would also make other changes to strengthen the evaluation and
testing process. The bill would seek to improve the instructional value
of the grades 3-8 ELA and math assessments by providing appropriate
funding to ensure that more test questions and their corresponding
answers are released to educators, students, and parents. The bill would
also require that teachers with state-provided growth scores would have
certain student characteristics taken into consideration to ensure
scores more accurately reflect a teacher's students.
School districts and other stakeholders have noted that the requirement
for an independent trained evaluator would be an unfunded mandate for
some schools, and it has been argued that the independent evaluators
would not understand the dynamics of individual classrooms as well as
the administrators that currently work within the school district.
Introducing the independent evaluators as a voluntary subcomponent gives
school districts flexibility to determine the best system to evaluate
their teachers and principals.
It is important to ensure assessments are given at a grade appropriate
level and in a timeframe that is appropriate for students. The content
review committee provided for in this bill, which would include teachers
and educational experts, would review future assessments to ensure that
assessment content is grade level appropriate. The bill would also
require the commissioner to review the Common Core learning standards.
Additionally, the bill would also provide that other locally selected
measures of student achievement are included in the definition of state
designed supplemental assessments if a school district elects to use the
locally selected measure of student performance. Allowing for more
locally selected measures will ensure that school districts have a wide
array of tests and assessments they may use to their liking to measure
this subcomponent of student performance.
 
LEGISLATIVE HISTORY:
None.
 
FISCAL IMPLICATIONS:
This bill would provide $8.4 million to the State Education Department.
 
EFFECTIVE DATE:
The act shall take effect immediately.