•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A01651 Summary:

BILL NOA01651
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSRBrabenec, Zebrowski
 
MLTSPNSR
 
Amd §§3012-d & 3012-c, Ed L
 
Relates to annual teacher and principal evaluations; provides that in the event that a new evaluation system has not been adopted in accordance with the recommendations of the committee of experts as set forth in subdivision sixteen of section 3012-d of the education law by September 1, 2027, the date for compliance with the provisions of subpart E of part EE of chapter 56 of the laws of 2015, shall be suspended until such time that a new evaluation system is enacted.
Go to top    

A01651 Actions:

BILL NOA01651
 
01/17/2023referred to education
01/03/2024referred to education
Go to top

A01651 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1651
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the education law, in relation to annual teacher and principal evaluations   PURPOSE: To provide a moratorium on the 'implementation of education law in connection with apportionment of general support for public schools from appropriated funds dependent on compliance by school districts with requirements relating. to annual teacher and principal evaluations, and to provide procedures for school districts with respect to use of annual professional performance review plans during the period in which the moratorium is in effect   SUMMARY OF PROVISIONS: Section one amends subdivision 11 of section 3012-d of the Education Law, as added by section 2 of Subpart E of Part, EE Of Chapter 56 of the Laws of 2015, to provide that no school district shall be eligible for an Apportionment of general support-for-public schools froth the funds appropriated for. the 2020-2021 School year and any year thereafter in excess of the amount apportioned to such school district in the respec- tive base year unless such school district has submitted documentation that has been approved by the commissioner by September 1, 2020 and September first of each subsequent year, demonstrating-that it has fully implemented the standards and procedures for conducting annual teacher and principal evaluations of teachers and principals in accordance with the requirements of this section.: In the event a new annual teacher and principal evaluation system ("new evaluation system") has not been adopted by September 1, 2020 as provided in the act, the date for compliance by school districts with the provisions of this subpart shall be suspended until such time as a new evaluation system is adopted. Section two amends section:3012-d of the Education Law by adding a new subdivision 16 to provide that until the 2020-2021. school year, or until such time that a new evaluation system has been adopted, whichever is later (the "transition period"):(1) school districts and boards of cooperative educational services ("BOCES") that have approved annual professional performance review ("A.P.T?R"). plans pursuant to this section shall locally determine whether to utilize the student perform- ance category as part of its APPR evaluation system or whether to base evaluations of classroom teachers and building principals solely upon the Observation/school visit category ratings; (ii) any student perform- ance category score and rating that is based o n grades 3-8 English language arts and mathematics State assessments and/or State-provided growth scores on Regents examinations will be deemed advisory only; (iii) school districts and BOCES shall Choose whether to. continue to implement their approved APPR plans pursuant to Education Law section 3012-c or-whether to submit an APPR plan that complies with Education Law section 3012-d and implement such plan upon its approval; (iv) upon transition by the State, to higher learning standards and alignment of assessments to such standards, a committee of experts shall be formed to propose a new evaluation system, such committee to be comprised of experts in the field of education selected by the Regents ("committee of experts"); and (v) the committee of experts shall develop a research- based evaluation undergrounded in student learning and teacher/principal effectiveness research and recommend, among Other things, an array of permissible assessments for use in the new evaluation system and how to measure growth in a meaningful way that fairly and accurately captures teacher or principal contribution to the student learning process over an appropriate interval of time Section 3 amends section 3012-c Of the Education Law by adding a new subparagraph 11 to provide that during the transition period, school districts and BOLES continuing to implement APPR plans under Section 3012-c shall provide transition scores and ratings that exclude any Student performance results based on grades 3-8 English language arts and mathematics State assessments and/or State7provided growth scores on Regents examinations.: Section 4 provides the effective date.   JUSTIFICATION: Under. the Education Transformation Act of 2015 (the "2015 Act"), Subpart E (also referred to as section 3012-d of the Education Law), every school district was required to submit to the State Education Department (SED) for approval by SED by November 15, 2015 a plan for annual teacher and principal evaluations (a "3012-d plan") for use beginning in the 2016-17 school year SED subsequently granted waivers to the school districts - initially providing them until March 1, 2016 and then until June 30, 2016 -to submit to SED their 3012-d plans for approval. SED has informed the school districts that if a school district does not have its 3012-d plan approved by SED by September 1, 2016, the school district will lose its increase in state aid for each year until an approved 3012-d, plan has been approved. SED has further informed the school districts that in order for SED to approve 3012-d plans by September 1, 2016, school districts must submit their 3012-d plans by July 1, 2016: In order for a school district to submit a 3012-d plan the board of education of the school district must approve the plan and the relevant. Collective bargaining units must agree to the terms of the plan. The changes required of every school district by Section 3012-d of the Education Law are dramatic and numerous. To have a 3012-d plan that complies with the law for example the school district must * revise its teacher observation protocol * add a new outside evaluator component * revise its growth measures and/or student assessment procedures, using a growth score Calculation that is not based on research * select a State approved assessment even though most of the assessments districts currently use are not on the list of State approved assess- ments. * translate all scores to the new matrix set forth in the law, a model that is poorly constructed and has never been used in New York State; the metrics for using the matrix have not been developed or field tested with the result that the more than 700 school districts in the State will be developing different APPR plans. All teachers and evaluators will need to be trained on the new model. Moreover, the school district's 3012-d plan must be approved by SED as well as be negotiated with and agreed to by its local collective bargaining units. Although SED has stated that State test scores cannot be used as part of teacher and principal evaluation in a 3012-d plan, all school districts must still negotiate a 3012-d plan: It should be noted that districts will have to renegotiate its plan again When, .as -is anticipated, State test scores are required again. In order to comply with section 3012'7d of the Education law and obtain any state aid increases, school districts must complete this work and negotiate the adoption of a 30127d plan within the next three months, which is an impossible timeframe: Additionally, the required changes necessitate new resource that districts do not have, such as monies for training, devel- opment, new assessments and outside evaluators. This legislation will suspend the effect of Subpart E that ties payment of state aid monies to compliance with requirements that are unsound and untested and deadlines that are impossible to meet until a new evalu- ation system has been developed and adopted. Millions of dollars have already been spent on an evaluation system under section 3012-c of the Education Law, widely acknowledged as flawed with the 2015 Act, school districts have been asked to implement another flawed evaluation system, under section 3012-d of the Education Law, a system that does not conform with current research in teacher and principal evaluation. In addition, the evaluation system requires more testing of students at a time when a growing chorus of parents and educators have decried the over-testing of our children and the use of such tests in the evaluation of teachers and principals. School districts across the State deserve a clear; well-researched eval- uation model. This bill requires the formation of a committee of experts in the field of education to create such a model, carefully, examining the current evaluation system and recommending, what components should be continued and what. Should be discarded. It is imperative that we pause and take the time needed to develop a thoughtful, well-researched process for designing a rigorous evaluation system for New York State.   LEGISLATIVE HISTORY: A.5000, 2021 and 2022, referred to education A.317, 2019 and 2020, referred to education A.2815, 2017 and 2018, referred to education A.9461, 2016 referred to education Same as 5.7632 2016 referred to education   FISCAL IMPLICATIONS: None to the State   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A01651 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1651
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN, BRABENEC, 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]  two
     7  thousand  twenty-seven--two  thousand  twenty-eight  school year and any
     8  year thereafter in excess of  the  amount  apportioned  to  such  school
     9  district  in  the  respective  base year unless such school district has
    10  submitted documentation that has been approved by  the  commissioner  by
    11  [November  fifteenth,  two thousand fifteen, or by] September first, two
    12  thousand twenty-seven and  September  first  of  each  subsequent  year,
    13  demonstrating that it has fully implemented the standards and procedures
    14  for  conducting annual teacher and principal evaluations of teachers and
    15  principals in accordance with the requirements of this section  and  the
    16  regulations issued by the commissioner. Provided further that any appor-
    17  tionment  withheld  pursuant  to  this  section shall not occur prior to
    18  April first of the current year and shall not have  any  effect  on  the
    19  base  year  calculation  for  use  in  the  subsequent  school year. For
    20  purposes of this section, "base  year"  shall  mean  the  base  year  as
    21  defined  in paragraph b of subdivision one of section thirty-six hundred
    22  two of this chapter, and "current year" shall mean the current  year  as
    23  defined  in paragraph a of subdivision one of section thirty-six hundred
    24  two of this chapter.  In the event that a new evaluation system has  not
    25  been  adopted in accordance with the recommendations of the committee of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04283-01-3

        A. 1651                             2
 
     1  experts as set forth in subdivision sixteen of this section by September
     2  first, two thousand twenty-seven,  the  date  for  compliance  with  the
     3  provisions  of  subpart E of part EE of chapter fifty-six of the laws of
     4  two  thousand  fifteen,  shall  be  suspended until such time that a new
     5  evaluation system is enacted.
     6    § 2. Section 3012-d of the education law is amended by  adding  a  new
     7  subdivision 18 to read as follows:
     8    18.  a.  Notwithstanding  the provisions of paragraph a of subdivision
     9  four and subdivision five of this section, or of any other law, rule  or
    10  regulation  to  the  contrary,  until the two thousand twenty-seven--two
    11  thousand twenty-eight school year, or until such time that a new  evalu-
    12  ation  system  has  been  adopted  in  accordance with the provisions of
    13  subdivision eleven of this section, whichever is later, school districts
    14  and boards of cooperative educational services that have approved annual
    15  professional performance review plans pursuant  to  this  section  shall
    16  locally determine whether to utilize the student performance category as
    17  part  of its annual professional performance review evaluation system or
    18  whether to base evaluations of classroom teachers and  building  princi-
    19  pals solely upon the observation/school visit category ratings.
    20    b.  During  the  transition  period,  any student performance category
    21  score and rating that is based upon grades three through  eight  English
    22  language  arts  and  mathematics state assessments and/or state-provided
    23  growth scores on regents examinations shall be deemed advisory only. The
    24  transition scores and ratings shall be used for the purposes of  employ-
    25  ment  decisions  set  forth  in  subdivision  one of this section and to
    26  determine whether a teacher or principal improvement plan  is  required.
    27  Transition  scores  and  ratings  shall  be calculated based upon either
    28  solely the observation/school visit category, or with an  alternate  SLO
    29  to  replace such impermissible assessment measures at the sole option of
    30  each school district or board of cooperative  educational  services,  as
    31  determined  locally. The board of regents shall amend section 30-3.17 of
    32  its rules in accordance with the terms contained herein.
    33    c. During the transition period, school districts and boards of  coop-
    34  erative  educational services shall choose whether to continue to imple-
    35  ment their approved annual professional performance review plans  pursu-
    36  ant  to  section  three  thousand twelve-c of this article or whether to
    37  submit a compliant annual professional performance review plan  pursuant
    38  to this section and implement such plan upon its approval.
    39    d.  During this transition period when the state completes its transi-
    40  tion to higher learning standards and aligns  its  assessments  to  such
    41  standards, a committee of experts shall be formed to propose a new eval-
    42  uation system for classroom teachers and building principals which shall
    43  ultimately  amend this section in accordance with the committee's recom-
    44  mendations, subject to legislative adoption of the same, after which the
    45  board of regents shall also amend its rules in accordance with the terms
    46  thereof. The committee shall be comprised of experts  in  the  field  of
    47  education  selected  by  the  regents.  Should  the committee members be
    48  selected and accept service on a voluntary basis, then there shall be no
    49  remuneration for such service, provided that  if  volunteers  cannot  be
    50  found,  the  committee  members  shall be remunerated in accordance with
    51  legislative appropriations that shall be made to fairly compensate  such
    52  members.
    53    e.  The committee of experts shall develop a research-based evaluation
    54  model that is grounded in student learning and teacher/principal  effec-
    55  tiveness research. The committee shall recommend an array of permissible
    56  assessments  for  use  within  this  new annual professional performance

        A. 1651                             3

     1  review system. The committee shall  further  recommend  how  to  measure
     2  growth  in  a meaningful way that fairly and accurately captures teacher
     3  or principal contribution to the student learning process over an appro-
     4  priate  interval  of  time.    The committee shall carefully examine all
     5  provisions of the current evaluation system, including  current  weights
     6  attributable  to  various measures, to recommend what components thereof
     7  should be continued and what should be discarded.   The committee  shall
     8  provide  a  report  of  its  recommendations  by no later than September
     9  first, two thousand twenty-seven.
    10    § 3. Section 3012-c of the education law is amended by  adding  a  new
    11  subdivision 11 to read as follows:
    12    11. Notwithstanding any other provision of law, rule, or regulation to
    13  the  contrary,  for  the  two thousand twenty-two--thousand twenty-three
    14  through two thousand twenty-five--two thousand twenty-six school  years,
    15  or  until  such  time  that  a new evaluation system has been adopted in
    16  accordance with the provisions of subdivision eighteen of section  three
    17  thousand  twelve-d of this article, whichever is later, school districts
    18  and boards of cooperative educational services continuing  to  implement
    19  their  annual  professional  performance  review  plans pursuant to this
    20  section shall provide transition scores and  ratings  that  exclude  any
    21  student  performance  results  based  upon  grades  three  through eight
    22  English language arts and mathematics state  assessments  and/or  state-
    23  provided  growth  scores on regents examinations. Such transition scores
    24  shall be a significant factor for employment decisions as set  forth  in
    25  subdivision  one  of  this section and to determine whether a teacher or
    26  principal improvement plan shall be required pursuant to the  provisions
    27  of  subdivision  four  of  this  section. The transition scores shall be
    28  calculated in accordance with section 30-2.14 of the rules of the  board
    29  of regents, which shall be extended to remain effective during the tran-
    30  sition period referenced hereinabove. The board of regents shall conform
    31  section 30-2.14 to the provisions contained herein.
    32    § 4. This act shall take effect immediately.
Go to top