A08354 Summary:

BILL NO    A08354 

SAME AS    SAME AS S06006

SPONSOR    Nolan

COSPNSR    Colton

MLTSPNSR   Kearns

Amd S3012-c, Ed L

Relates to annual professional performance review agreements.
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A08354 Actions:

BILL NO    A08354 

01/09/2014 referred to education
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A08354 Votes:

There are no votes for this bill in this legislative session.
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A08354 Memo:

BILL NUMBER:A8354

TITLE OF BILL:  An act to amend the education law, in relation to
annual professional performance review agreements

PURPOSE OR GENERAL IDEA OF BILL:

This bill would require the commissioner to expedite his or her review
of annual professional performance review plans that are submitted
solely to eliminate unnecessary student assessments.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Section 1 amends paragraph k of subdivision 2 of section
3012-c of the education law, as amended by chapter 21 of the laws of
2012, by requiring the commissioner to expedite his or her review of
annual professional performance review ("APPR") plans that are
submitted solely to eliminate unnecessary student assessments. The
commissioner' s review would be limited solely to the issue of
unnecessary testing of students. The governing body of such school
district or BOCES would have to provide a written explanation of the
changes to their collectively bargained APPR plans as well as a
certification that no other material changes have been made to their
APPR plans.

Section 2: Section 2 would set forth an immediate effective date.

JUSTIFICATION:

In order to meet the statutory deadline for annual professional
performance review ("APPR") plans to be submitted to the department
for approval, many districts and local bargaining units opted to use
pre- and post-tests that measure student growth, particularly in
courses and grades that do not have a specific state measure of
assessment (Federally mandated but administered by the State), and/or
certain standardized assessments that are not being used for a
diagnostic purpose or are not federally required on children in grades
kindergarten through grade 2.

Understanding the concern of parents and the impact unnecessary
testing can have on students, districts and unions are going "back to
the table" to re-negotiate their APPR plans to reduce or eliminate
many or all of the unnecessary tests that they originally agreed to..
This bill seeks to encourage all districts to reassess and reduce or
eliminate any unnecessary tests that were collectively bargained, with
an incentive that the review of such changes will be expeditiously
reviewed by the commissioner and that the commissioner's review will
be limited only to the changes that address the unnecessary testing of
students, to functionally address a legitimate and burgeoning area of
concern.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This act shall take effect immediately.
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A08354 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         8354

                                 I N  A S S E M B L Y

                                    January 9, 2014
                                      ___________

       Introduced  by M. of A. NOLAN -- read once and referred to the Committee
         on Education

       AN ACT to amend the education law, in relation  to  annual  professional
         performance review agreements

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Paragraph k of subdivision  2  of  section  3012-c  of  the
    2  education law, as added by chapter 21 of the laws of 2012, is amended to
    3  read as follows:
    4    k.  Notwithstanding  any other provision of law, rule or regulation to
    5  the contrary, by July first, two thousand twelve, the governing body  of
    6  each school district and board of cooperative educational services shall
    7  adopt  a  plan, on a form prescribed by the commissioner, for the annual
    8  professional performance review of all of  its  classroom  teachers  and
    9  building  principals in accordance with the requirements of this section
   10  and the regulations of the commissioner, and shall submit such  plan  to
   11  the  commissioner  for approval. The plan may be an annual or multi-year
   12  plan, for the annual professional  performance  review  of  all  of  its
   13  classroom  teachers  and  building  principals.  The  commissioner shall
   14  approve or reject the plan by September first, two thousand  twelve,  or
   15  as  soon  as  practicable thereafter. The commissioner may reject a plan
   16  that does not rigorously adhere to the provisions of  this  section  and
   17  the  regulations  of  the commissioner. Should any plan be rejected, the
   18  commissioner shall describe each deficiency in the  submitted  plan  and
   19  direct that each such deficiency be resolved through collective bargain-
   20  ing  to  the extent required under article fourteen of the civil service
   21  law. If any material changes are made to the plan, the  school  district
   22  or  board  of  cooperative educational services must submit the material
   23  changes, on a form prescribed by the commissioner, to  the  commissioner
   24  for  approval.    IF MATERIAL CHANGES ARE SUBMITTED FOR AN APPROVED PLAN
   25  THAT SOLELY RELATE TO THE ELIMINATION  OF  UNNECESSARY  STUDENT  ASSESS-
   26  MENTS, THE COMMISSIONER SHALL EXPEDITE HIS OR HER REVIEW OF SUCH MATERI-
   27  AL  CHANGES  AND SOLELY REVIEW THOSE SECTIONS OF THE PLAN THAT RELATE TO
   28  THE ELIMINATED  STUDENT  ASSESSMENTS  TO  ENSURE  COMPLIANCE  WITH  THIS

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
       A                                                          LBD13260-01-3
       A. 8354                             2

    1  SECTION  AND  THE  REGULATIONS  OF  THE  COMMISSIONER, PROVIDED THAT THE
    2  GOVERNING BODY OF SUCH SCHOOL DISTRICT OR BOARD  OF  COOPERATIVE  EDUCA-
    3  TIONAL  SERVICES  PROVIDE  A WRITTEN EXPLANATION OF THE MATERIAL CHANGES
    4  SUBMITTED  FOR  APPROVAL,  ON A FORM PRESCRIBED BY THE COMMISSIONER, AND
    5  CERTIFY THAT NO OTHER MATERIAL CHANGES  HAVE  BEEN  MADE  TO  ANY  OTHER
    6  SECTIONS  OF  THE  CURRENTLY  APPROVED  PLAN. To the extent that by July
    7  first, two thousand twelve, or by July first of any subsequent year,  if
    8  all  the  terms of the plan have not been finalized as a result of unre-
    9  solved collective bargaining negotiations,  the  entire  plan  shall  be
   10  submitted  to  the  commissioner  upon  resolution  of all of its terms,
   11  consistent with article fourteen of the civil service law.
   12    S 2. This act shall take effect immediately.
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