BILL NO A05700
SAME AS No same as
SPONSOR Brennan (MS)
COSPNSR Maisel, Glick, Rosenthal, Jacobs, Crespo, Lavine
MLTSPNSR Arroyo, Millman, Titone, Weisenberg
Amd S3012-c, rpld & add sub 10, Ed L
Provides that the process of annual professional performance reviews must
ensure that no teacher or principal who receives a developing rating in all
three subcomponents can receive an overall rating of ineffective; provides for
the confidentiality of personnel records of classroom teachers and building
principals.
BILL NUMBER:A5700
TITLE OF BILL: An act to amend the education law, in relation to the
process of annual professional performance reviews and the
confidentiality of personnel records of classroom teachers and
building principals; and to repeal subdivision 10 of section 3012-c of
the education law relating thereto
PURPOSE OR GENERAL IDEA OF BILL: This bill will ensure that (1) no
teacher or principal who receives a "developing" rating in all three
subcomponents of the annual professional performance review can
receive an "ineffective" rating, and (2) the personnel records of a
teacher or principal, including any materials related to a performance
evaluation, are confidential.
SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 3012-c of
the education law to require the process by which points are assigned
to ensure that no teacher or principal that receives a developing
rating in all three subcomponents of the performance review can be
rated as "ineffective".
Section two amends section 3012-c to clarify that the personnel
records of a teacher or principal are confidential and can only be
disclosed under very limited circumstances
Section three provides that this act shall take effect immediately.
JUSTIFICATION: In 2010, legislation was enacted establishing a
performance review process for public school teachers and principals.
The statute was amended in 2011 to create a scoring system designed to
generate a single rating to judge the effectiveness of the teacher or
principal.
Unfortunately, the scoring ranges creates an unintended anomaly in
that a teacher or principal could receive an overall rating of
ineffective despite not receiving an ineffective rating in any one of
the three subcomponents. This bill would remedy this inconsistency by
providing that no teacher or principal, can receive an overall rating
of ineffective if the teacher or principal scores at least a rating of
developing in all three subcomponents of the review.
The bill would also clarify that the personnel records of a teacher or
principal, including any materials or information related to a
performance review, are confidential and may be disclosed only with
the consent of the teacher or principal or to certain authorized
public officials.
PRIOR LEGISLATIVE HISTORY: A10452 of 2012- In Education
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: Immediately
S T A T E O F N E W Y O R K
________________________________________________________________________
5700
2013-2014 Regular Sessions
I N A S S E M B L Y
March 6, 2013
___________
Introduced by M. of A. BRENNAN, MAISEL, GLICK, ROSENTHAL, JACOBS, CRES-
PO, LAVINE -- Multi-Sponsored by -- M. of A. ARROYO, MILLMAN, TITONE,
WEISENBERG -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to the process of annual
professional performance reviews and the confidentiality of personnel
records of classroom teachers and building principals; and to repeal
subdivision 10 of section 3012-c of the education law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subparagraph 2 of paragraph j of subdivision 2 of section
2 3012-c of the education law, as added by chapter 21 of the laws of 2012,
3 is amended to read as follows:
4 (2) Such process must ensure that it is possible for a teacher or
5 principal to obtain each point in the applicable scoring ranges, includ-
6 ing zero, for the state assessment or other comparable measures subcom-
7 ponent, the locally selected measures of student achievement subcompo-
8 nent and the overall rating categories. The process must also ensure
9 that it is possible for a teacher or principal to obtain each point in
10 the scoring ranges prescribed by the district or board of cooperative
11 educational services for the other measures of teacher and principal
12 effectiveness subcomponent. SUCH PROCESS MUST ALSO ENSURE THAT NO
13 TEACHER OR PRINCIPAL WHO RECEIVES A DEVELOPING RATING IN ALL THREE
14 SUBCOMPONENTS CAN RECEIVE AN OVERALL RATING OF INEFFECTIVE.
15 S 2. Subdivision 10 of section 3012-c of the education law is REPEALED
16 and a new subdivision 10 is added to read as follows:
17 10. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE PERSON-
18 NEL RECORDS OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL, INCLUDING BUT
19 NOT LIMITED TO THE ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED
20 PURSUANT TO THIS SECTION, COMPOSITE EFFECTIVENESS SCORES AND ALL INDI-
21 VIDUAL SUBCOMPONENTS, AND THE QUALITY RATING CATEGORY SHALL BE DEEMED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09467-01-3
A. 5700 2
1 CONFIDENTIAL AND SHALL NOT BE DISCLOSED, RELEASED OR SHOWN TO ANYONE,
2 EXCEPT:
3 A. WITH THE WRITTEN CONSENT OF THE SUBJECT TEACHER OR PRINCIPAL;
4 B. TO THE BOARD OF EDUCATION OR BOARD OF COOPERATIVE EDUCATIONAL
5 SERVICES THAT EMPLOYS THE TEACHER OR PRINCIPAL AND THE APPROPRIATE
6 ADMINISTRATORS DESIGNATED BY SUCH BOARD;
7 C. TO THE CHIEF LEGAL OFFICER OF SUCH BOARD OF EDUCATION OR BOARD OF
8 COOPERATIVE EDUCATIONAL SERVICES; OR
9 D. PURSUANT TO A SUBPOENA OR COURT ORDER.
10 S 3. This act shall take effect immediately.
