A05700 Summary:

BILL NO    A05700 

SAME AS    No same as 

SPONSOR    Brennan (MS)

COSPNSR    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.
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A05700 Memo:

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
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A05700 Text:

                           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.
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