A09822 Summary:

BILL NOA09822
 
SAME ASNo same as
 
SPONSORGalef (MS)
 
COSPNSRAbinanti, Dinowitz, Lupardo, Reilly, McDonough, Montesano, Ra, Raia, Maisel, Millman, Roberts, Titone, Lavine, Rivera P, Weprin, Brindisi
 
MLTSPNSRArroyo, Butler, Corwin, Finch, Glick, Gottfried, Murray, Sweeney
 
Add S3012-d, Ed L
 
Relates to confidentiality of personnel records used for or based on performance evaluations of classroom teachers.
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A09822 Actions:

BILL NOA09822
 
04/13/2012referred to education
06/19/2012held for consideration in education
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A09822 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9822
 
                   IN ASSEMBLY
 
                                     April 13, 2012
                                       ___________
 
        Introduced by M. of A. GALEF, ABINANTI, DINOWITZ, LUPARDO, REILLY, McDO-
          NOUGH,  MONTESANO,  RA, RAIA -- Multi-Sponsored by -- M. of A. ARROYO,
          SWEENEY -- read once and referred to the Committee on Education
 
        AN ACT to amend the education law, in relation to personnel  records  of
          classroom teachers
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new section 3012-d
     2  to read as follows:
     3    § 3012-d. Personnel records of classroom teachers.   1. All  personnel
     4  records  of  classroom  teachers  used  to  evaluate or generated as the
     5  result of an evaluation of performance pursuant to section  three  thou-
     6  sand  twelve-c of this article, under the control of any school district
     7  or board of cooperative educational services, shall be used  for  evalu-
     8  ation  of  job performance only and shall be considered confidential and
     9  not subject to inspection or review by a parent  of  a  student  or  any
    10  other  person without the express written consent of such teacher except

    11  as may be mandated  by  lawful  court  order;  provided  that  a  school
    12  district or board of cooperative educational services may, without first
    13  obtaining  consent or a court order, release data summarizing the aggre-
    14  gate results of such performance evaluations.
    15    2. Prior to issuing such court order the judge must  review  all  such
    16  requests  and  give  interested  parties the opportunity to be heard. No
    17  such order shall issue without a clear showing of  facts  sufficient  to
    18  warrant the judge to request records for review.
    19    3.  If,  after  such hearing the judge concludes there is a sufficient
    20  basis, he or she shall  sign  an  order  requiring  that  the  personnel
    21  records in question be sealed and sent directly to him or her. He or she

    22  shall  then  review  the file and make a determination as to whether the
    23  records are relevant and material in the action before him or her.  Upon
    24  such  a  finding the court shall make those parts of the record found to
    25  be relevant and material available to the persons so requesting.
    26    4. The provisions of this section shall  not  apply  to  any  district
    27  attorney  or  his  or her assistants, the attorney general or his or her
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15241-03-2

        A. 9822                             2
 
     1  deputies or assistants, a county attorney or  his  or  her  deputies  or

     2  assistants,  a corporation counsel or his or her deputies or assistants,
     3  a town attorney or his or her deputies or assistants, a village attorney
     4  or  his  or  her  deputies or assistants, a grand jury, or any agency of
     5  government which requires the records described in  subdivision  one  of
     6  this section, in the furtherance of their official functions.
     7    § 2. This act shall take effect immediately.
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