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A10569 Summary:

BILL NOA10569
 
SAME ASSAME AS S08034
 
SPONSORNolan
 
COSPNSRHeastie, Morelle, Farrell, Russell, Brindisi, Schimel, Abbate, Abinanti, Arroyo, Aubry, Barrett, Barron, Benedetto, Bichotte, Blake, Brennan, Bronson, Buchwald, Butler, Cahill, Cancel, Ceretto, Colton, Cook, Crespo, Cusick, Cymbrowitz, DenDekker, Dilan, Dinowitz, Englebright, Fahy, Galef, Gantt, Gjonaj, Glick, Gottfried, Graf, Gunther, Harris, Hooper, Hunter, Hyndman, Jaffee, Jean-Pierre, Joyner, Kearns, Lalor, Lavine, Lentol, Lifton, Linares, Lopez, Lupardo, Magee, Markey, McDonald, McDonough, McLaughlin, Miller, Mosley, Moya, Murray, Ortiz, Otis, Palmesano, Paulin, Peoples-Stokes, Perry, Pichardo, Pretlow, Quart, Ra, Ramos, Richardson, Rivera, Robinson, Rodriguez, Rosenthal, Rozic, Ryan, Santabarbara, Seawright, Simanowitz, Simon, Simotas, Skartados, Skoufis, Solages, Steck, Stirpe, Tenney, Thiele, Titone, Titus, Walker, Weinstein, Weprin, Williams, Woerner, Wright, Zebrowski
 
MLTSPNSR
 
Amd 3012-d, Ed L
 
Provides that prior to the 2019-2020 school year, a school district shall not be subject to a withholding of yearly increases in general support for public schools from funds appropriated from the amount payable in the base year based upon the failure of such school district to fully implement the standards and procedures for conducting annual teacher and principal evaluations of teachers and principals in accordance with the requirements of section 3012-d of the education law provided that such school district that has not yet fully implemented the requirements of section 3012-d of the education law has fully implemented, or fully implements, an annual professional performance review for teachers and principals in accordance with the requirements of section 3012-c of the education law by September first of each respective year, commencing with September 1, 2015.
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A10569 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10569
 
                   IN ASSEMBLY
 
                                      June 6, 2016
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Nolan,
          Heastie,  Morelle,  Farrell,  Russell,  Brindisi,  Abbate,   Abinanti,
          Arroyo,  Aubry,  Barrett, Barron, Benedetto, Bichotte, Blake, Brennan,
          Bronson, Buchwald, Cahill,  Cancel,  Ceretto,  Colton,  Cook,  Crespo,
          Cusick,  Cymbrowitz,  DenDekker,  Dilan,  Dinowitz, Englebright, Fahy,
          Galef, Gantt, Gjonaj, Glick, Gottfried, Gunther, Harris, Hooper, Hunt-
          er, Hyndman, Jaffee,  Jean-Pierre,  Joyner,  Kearns,  Lavine,  Lentol,
          Lifton,  Linares,  Lupardo,  Magee,  Markey, McDonald, Miller, Mosley,
          Moya, Ortiz, Otis, Paulin, Peoples-Stokes, Perry,  Pichardo,  Pretlow,
          Quart,  Ramos,  Richardson,  Rivera,  Robinson,  Rodriguez, Rosenthal,
          Rozic, Ryan,  Santabarbara,  Seawright,  Simanowitz,  Simon,  Simotas,
          Skartados,  Skoufis,  Solages,  Steck,  Stirpe, Thiele, Titone, Titus,
          Walker, Weinstein, Weprin, Williams, Woerner,  Wright,  Zebrowski)  --
          read once and referred to the Committee on Education
 
        AN  ACT  to  amend  the education law, in relation to annual teacher and
          principal evaluations
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 11 of section 3012-d of the education law, as
     2  added by section 2 of subpart E of part EE of chapter 56 of the laws  of
     3  2015, is amended to read as follows:
     4    11.  Notwithstanding  any  inconsistent  provision  of  law, no school
     5  district shall be eligible for an apportionment of general  support  for
     6  public   schools  from  the  funds  appropriated  for  the  [2015--2016]
     7  2019--2020 school year and any year thereafter in excess of  the  amount
     8  apportioned  to  such school district in the respective base year unless
     9  such school district has submitted documentation that has been  approved
    10  by the commissioner [by November fifteenth, two thousand fifteen, or] by
    11  September  first,  two  thousand nineteen and by September first of each
    12  subsequent year, demonstrating that it has fully implemented the  stand-
    13  ards  and  procedures for conducting annual teacher and principal evalu-
    14  ations of teachers and principals in accordance with the requirements of
    15  this section and the regulations issued by  the  commissioner.  Provided
    16  further  that  any apportionment withheld pursuant to this section shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15584-01-6

        A. 10569                            2
 
     1  not occur prior to April first of the current year and  shall  not  have
     2  any effect on the base year calculation for use in the subsequent school
     3  year. For purposes of this section, "base year" shall mean the base year
     4  as  defined  in  paragraph  b  of  subdivision one of section thirty-six
     5  hundred two of this chapter, and "current year" shall mean  the  current
     6  year  as defined in paragraph a of subdivision one of section thirty-six
     7  hundred two of this chapter.
     8    § 2. School districts and boards of cooperative  educational  services
     9  shall be required to have fully implemented annual professional perform-
    10  ance  reviews  consistent  with  section  3012-d of the education law by
    11  September 1, 2016, to the  extent  consistent  with  the  provisions  of
    12  subdivision  12 of section 3012-d of the education law. Provided, howev-
    13  er, notwithstanding the provisions of chapter 61 of the laws of 2015 and
    14  chapter 53 of the laws of 2016 or any other provisions  of  law  to  the
    15  contrary,  prior  to  the 2019-2020 school year, a school district shall
    16  not be subject to a withholding of yearly increases in  general  support
    17  for  public  schools  from funds appropriated from the amount payable in
    18  the base year based upon the failure of such school  district  to  fully
    19  implement the standards and procedures for conducting annual teacher and
    20  principal  evaluations of teachers and principals in accordance with the
    21  requirements of section 3012-d of the education law provided  that  such
    22  school  district  that has not yet fully implemented the requirements of
    23  section 3012-d of the education law  has  fully  implemented,  or  fully
    24  implements,  an  annual professional performance review for teachers and
    25  principals in accordance with the requirements of section 3012-c of  the
    26  education  law  by  September  first of each respective year, commencing
    27  with September 1, 2015.
    28    § 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
    29  section  or part of this act shall be adjudged by any court of competent
    30  jurisdiction to be invalid, such judgment shall not affect,  impair,  or
    31  invalidate the remainder thereof, but shall be confined in its operation
    32  to the clause, sentence, paragraph, subdivision, section or part thereof
    33  directly  involved  in the controversy in which such judgment shall have
    34  been rendered. It is hereby declared to be the intent of the legislature
    35  that this act would have been enacted even if  such  invalid  provisions
    36  had not been included herein.
    37    § 4. This act shall take effect immediately.
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