A11171 Summary:
BILL NO | A11171 |
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SAME AS | SAME AS S07991 |
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SPONSOR | Nolan |
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COSPNSR | Lancman |
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MLTSPNSR | |
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Add SS3012-c & 211-e, amd SS3020 & 3020-a, Ed L | |
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Requires annual professional performance reviews of classroom teachers and building principals; establishes procedures for such reviews and hearing processes for appeals; authorizes school districts to contract with educational partnership organizations to turn around certain low-performing schools. |
A11171 Actions:
BILL NO | A11171 | |||||||||||||||||||||||||||||||||||||||||||||||||
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05/21/2010 | referred to education | |||||||||||||||||||||||||||||||||||||||||||||||||
05/24/2010 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
05/24/2010 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
05/24/2010 | rules report cal.54 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/24/2010 | ordered to third reading rules cal.54 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/25/2010 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/25/2010 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/25/2010 | REFERRED TO EDUCATION | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2010 | SUBSTITUTED FOR S7991 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2010 | 3RD READING CAL.666 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2010 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2010 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2010 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2010 | signed chap.103 |
A11171 Floor Votes:
Yes
Abbate
ER
Carrozza
Yes
Gabryszak
Yes
Kolb
Yes
Murray
Yes
Saladino
Yes
Alessi
Yes
Castelli
Yes
Galef
Yes
Koon
Yes
Nolan
Yes
Sayward
Yes
Alfano
Yes
Castro
Yes
Gantt
Yes
Lancman
Yes
Oaks
Yes
Scarborough
Yes
Amedore
Yes
Christensen
Yes
Gianaris
Yes
Latimer
Yes
O'Donnell
Yes
Schimel
Yes
Arroyo
Yes
Clark
Yes
Gibson
Yes
Lavine
Yes
O'Mara
Yes
Schimminger
Yes
Aubry
Yes
Colton
Yes
Giglio
Yes
Lentol
Yes
Ortiz
Yes
Schroeder
Yes
Bacalles
Yes
Conte
Yes
Glick
Yes
Lifton
Yes
Parment
Yes
Scozzafava
Yes
Ball
ER
Cook
Yes
Gordon
Yes
Lopez PD
Yes
Paulin
Yes
Skartados
Yes
Barclay
Yes
Corwin
Yes
Gottfried
ER
Lopez VJ
Yes
Peoples
Yes
Spano
ER
Barra
Yes
Crespo
Yes
Gunther
Yes
Lupardo
Yes
Perry
Yes
Stirpe
Yes
Barron
Yes
Crouch
Yes
Hawley
Yes
Magee
Yes
Pheffer
Yes
Sweeney
Yes
Benedetto
Yes
Cusick
Yes
Hayes
Yes
Magnarelli
Yes
Powell
Yes
Tedisco
Yes
Benjamin
Yes
Cymbrowitz
Yes
Heastie
Yes
Maisel
Yes
Pretlow
Yes
Thiele
Yes
Bing
Yes
DelMonte
Yes
Hevesi
Yes
Markey
Yes
Quinn
Yes
Titone
Yes
Boyland
Yes
DenDekker
Yes
Hikind
Yes
Mayersohn
Yes
Rabbitt
Yes
Titus
Yes
Boyle
Yes
Destito
Yes
Hooper
Yes
McDonough
Yes
Raia
Yes
Tobacco
Yes
Brennan
Yes
Dinowitz
Yes
Hoyt
Yes
McEneny
Yes
Ramos
Yes
Towns
ER
Brodsky
Yes
Duprey
Yes
Hyer Spencer
Yes
McKevitt
Yes
Reilich
Yes
Townsend
Yes
Brook Krasny
Yes
Englebright
Yes
Jacobs
Yes
Meng
Yes
Reilly
Yes
Weinstein
Yes
Burling
Yes
Errigo
Yes
Jaffee
Yes
Miller JM
Yes
Rivera J
ER
Weisenberg
Yes
Butler
Yes
Espaillat
Yes
Jeffries
Yes
Miller MG
Yes
Rivera N
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
John
Yes
Millman
Yes
Rivera PM
Yes
Wright
Yes
Calhoun
Yes
Fields
Yes
Jordan
Yes
Molinaro
Yes
Robinson
Yes
Zebrowski
Yes
Camara
Yes
Finch
Yes
Kavanagh
Yes
Montesano
Yes
Rosenthal
Yes
Mr. Speaker
Yes
Canestrari
Yes
Fitzpatrick
Yes
Kellner
Yes
Morelle
Yes
Russell
‡ Indicates voting via videoconference
A11171 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 11171 IN ASSEMBLY May 21, 2010 ___________ 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 the evaluation of teachers and principals; and to amend the education law, in relation to authorizing school districts to contract with educational partner- ship organizations to turn around certain low-performing schools 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-c 2 to read as follows: 3 § 3012-c. Annual professional performance review of classroom teachers 4 and building principals. 1. Notwithstanding any other provision of law, 5 rule or regulation to the contrary, the annual professional performance 6 reviews of all classroom teachers and building principals employed by 7 school districts or boards of cooperative educational services shall be 8 conducted in accordance with the provisions of this section. Such 9 performance reviews which are conducted on or after July first, two 10 thousand eleven, or on or after the date specified in paragraph c of 11 subdivision two of this section where applicable, shall include measures 12 of student achievement and be conducted in accordance with this section. 13 Such annual professional performance reviews shall be a significant 14 factor for employment decisions including but not limited to, promotion, 15 retention, tenure determination, termination, and supplemental compen- 16 sation, which decisions are to be made in accordance with locally devel- 17 oped procedures negotiated pursuant to the requirements of article four- 18 teen of the civil service law. Such performance reviews shall also be a 19 significant factor in teacher and principal development, including but 20 not limited to, coaching, induction support and differentiated profes- 21 sional development, which are to be locally established in accordance 22 with procedures negotiated pursuant to the requirements of article four- 23 teen of the civil service law. 24 2. a. The annual professional performance reviews conducted pursuant 25 to this section for classroom teachers and building principals shall 26 differentiate teacher and principal effectiveness using the following EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17483-01-0A. 11171 2 1 quality rating categories: highly effective, effective, developing and 2 ineffective, with explicit minimum and maximum scoring ranges for each 3 category, as prescribed in the regulations of the commissioner. Such 4 annual professional performance reviews shall result in a single compos- 5 ite teacher or principal effectiveness score, which incorporates multi- 6 ple measures of effectiveness related to the criteria included in the 7 regulations of the commissioner. Except for the student growth measures 8 prescribed in paragraphs e, f and g of this subdivision, the elements 9 comprising the composite effectiveness score shall be locally developed, 10 consistent with the standards prescribed in the regulations of the 11 commissioner, through negotiations conducted, pursuant to the require- 12 ments of article fourteen of the civil service law. 13 b. Annual professional performance reviews conducted by school 14 districts on or after July first, two thousand eleven of classroom 15 teachers of common branch subjects or English language arts or mathemat- 16 ics in grades four to eight and all building principals of schools in 17 which such teachers are employed shall be conducted pursuant to this 18 subdivision and shall use two thousand ten--two thousand eleven school 19 year student data as the baseline for the initial computation of the 20 composite teacher or principal effectiveness score for such classroom 21 teachers and principals. 22 c. Annual professional performance reviews conducted by school 23 districts or boards of cooperative educational services on or after July 24 first, two thousand twelve of all classroom teachers and all building 25 principals shall be conducted pursuant to this subdivision and shall use 26 two thousand eleven--two thousand twelve school year student data as the 27 baseline for the initial computation of the composite teacher or princi- 28 pal effectiveness score for such classroom teachers and principals. For 29 purposes of this section, an administrator in charge of an instructional 30 program of a board of cooperative educational services shall be deemed 31 to be a building principal. 32 d. Prior to any evaluation being conducted in accordance with this 33 section, each individual who is responsible for conducting an evaluation 34 of a teacher or building principal shall receive appropriate training in 35 accordance with the regulations of the commissioner of education. 36 e. For annual professional performance reviews conducted in accordance 37 with paragraph b of this subdivision in the two thousand eleven--two 38 thousand twelve school year, forty percent of the composite score of 39 effectiveness shall be based on student achievement measures as follows: 40 (i) twenty percent of the evaluation shall be based upon student growth 41 data on state assessments as prescribed by the commissioner or a compa- 42 rable measure of student growth if such growth data is not available; 43 and (ii) twenty percent shall be based on other locally selected meas- 44 ures of student achievement that are determined to be rigorous and 45 comparable across classrooms in accordance with the regulations of the 46 commissioner and as are developed locally in a manner consistent with 47 procedures negotiated pursuant to the requirements of article fourteen 48 of the civil service law. 49 f. For annual professional performance reviews conducted in accordance 50 with paragraph c of this subdivision in any school year prior to the 51 first school year for which the board of regents has approved use of a 52 value-added growth model, but not earlier than the two thousand twelve- 53 -two thousand thirteen school year, forty percent of the composite score 54 of effectiveness shall be based on student achievement measures as 55 follows: (i) twenty percent of the evaluation shall be based upon 56 student growth data on state assessments as prescribed by the commis-A. 11171 3 1 sioner or a comparable measure of student growth if such growth data is 2 not available; and (ii) twenty percent shall be based on other locally 3 selected measures of student achievement that are determined to be 4 rigorous and comparable across classrooms in accordance with the regu- 5 lations of the commissioner and as are developed locally in a manner 6 consistent with procedures negotiated pursuant to the requirements of 7 article fourteen of the civil service law. 8 g. For annual professional performance reviews conducted in accordance 9 with paragraph c of this subdivision in the first school year for which 10 the board of regents has approved use of a value-added growth model and 11 thereafter, forty percent of the composite score of effectiveness shall 12 be based on student achievement measures as follows: (i) twenty-five 13 percent of the evaluation shall be based upon student growth data on 14 state assessments as prescribed by the commissioner or a comparable 15 measure of student growth if such growth data is not available; and (ii) 16 fifteen percent shall be based on other locally selected measures of 17 student achievement that are determined to be rigorous and comparable 18 across classrooms in accordance with the regulations of the commissioner 19 and as are locally developed in a manner consistent with procedures 20 negotiated pursuant to the requirements of article fourteen of the civil 21 service law. The department shall develop the value-added growth model 22 and shall consult with the advisory committee established pursuant to 23 subdivision seven of this section prior to recommending that the board 24 of regents approve its use in evaluations. 25 h. The remaining percent of the evaluations, ratings and effectiveness 26 scores shall be locally developed, consistent with the standards 27 prescribed in the regulations of the commissioner, through negotiations 28 conducted pursuant to article fourteen of the civil service law. 29 i. For purposes of this section, student growth means the change in 30 student achievement for an individual student between two or more points 31 in time. 32 3. Nothing in this section shall be construed to excuse school 33 districts or boards of cooperative educational services from complying 34 with the standards set forth in the regulations of the commissioner for 35 conducting annual professional performance reviews of classroom teachers 36 or principals, including but not limited to required quality rating 37 categories, in conducting evaluations prior to July first, two thousand 38 eleven, or, for classroom teachers or principals subject to paragraph c 39 of subdivision two of this section, prior to July first, two thousand 40 twelve. 41 4. Notwithstanding any other law, rule or regulation to the contrary, 42 upon rating a teacher or a principal as developing or ineffective 43 through an annual professional performance review conducted pursuant to 44 subdivision two of this section, the school district or board of cooper- 45 ative educational services shall formulate and commence implementation 46 of a teacher or principal improvement plan for such teacher or principal 47 as soon as practicable but in no case later than ten days after the date 48 on which teachers are required to report prior to the opening of classes 49 for the school year. Such improvement plan shall be consistent with the 50 regulations of the commissioner and developed locally through negoti- 51 ations conducted pursuant to article fourteen of the civil service law. 52 Such improvement plan shall include, but need not be limited to, iden- 53 tification of needed areas of improvement, a timeline for achieving 54 improvement, the manner in which improvement will be assessed, and, 55 where appropriate, differentiated activities to support a teacher's or 56 principal's improvement in those areas.A. 11171 4 1 5. An appeals procedure shall be locally established in each school 2 district and in each board of cooperative educational services by which 3 the evaluated teacher or principal may only challenge the substance of 4 the annual professional performance review, the school district's or 5 board of cooperative educational services' adherence to the standards 6 and methodologies required for such reviews, pursuant to this section, 7 the adherence to the regulations of the commissioner and compliance with 8 any applicable locally negotiated procedures, as well as the school 9 district's or board of cooperative educational services' issuance and/or 10 implementation of the terms of the teacher or principal improvement 11 plan, as required under this section. The specifics of the appeal proce- 12 dure shall be locally established through negotiations conducted pursu- 13 ant to article fourteen of the civil service law. An evaluation which is 14 the subject of an appeal shall not be sought to be offered in evidence 15 or placed in evidence in any proceeding conducted pursuant to either 16 section three thousand twenty-a of this article or any locally negoti- 17 ated alternate disciplinary procedure, until the appeal process is 18 concluded. 19 6. For purposes of disciplinary proceedings pursuant to sections three 20 thousand twenty and three thousand twenty-a of this article, a pattern 21 of ineffective teaching or performance shall be defined to mean two 22 consecutive annual ineffective ratings received by a classroom teacher 23 or building principal pursuant to annual professional performance 24 reviews conducted in accordance with the provisions of this section. 25 7. The regulations adopted pursuant to this section shall be developed 26 in consultation with an advisory committee consisting of representatives 27 of teachers, principals, superintendents of schools, school boards, 28 school district and board of cooperative educational services officials 29 and other interested parties. The regulations shall also take into 30 account any (i) professional teaching standards; (ii) standards for 31 professional contexts; and (iii) standards for a continuum of system 32 support for teachers and principals developed in consultation with the 33 advisory committee. Regulations promulgated pursuant to this section 34 shall be effective no later than July first, two thousand eleven, for 35 implementation in the two thousand eleven--two thousand twelve school 36 year. 37 8. Notwithstanding any other provision of law, rule or regulation to 38 the contrary, all collective bargaining agreements applicable to class- 39 room teachers or building principals entered into after July first, two 40 thousand ten shall be consistent with requirements of this section. 41 Nothing in this section shall be construed to abrogate any conflicting 42 provisions of any collective bargaining agreement in effect on July 43 first, two thousand ten during the term of such agreement and until the 44 entry into a successor collective bargaining agreement, provided that 45 notwithstanding any other provision of law to the contrary, upon expira- 46 tion of such term and the entry into a successor collective bargaining 47 agreement the provisions of this section shall apply. Furthermore, noth- 48 ing in this section or in any rule or regulation promulgated hereunder 49 shall in any way, alter, impair or diminish the rights of a local 50 collective bargaining representative to negotiate evaluation procedures 51 in accordance with article fourteen of the civil service law with the 52 school district or board of cooperative educational services. 53 § 2. Subdivisions 1 and 3 and paragraph a of subdivision 4 of section 54 3020 of the education law, subdivision 1 as added by chapter 691 of the 55 laws of 1994, subdivision 3 as added by chapter 3 of the laws of 2000A. 11171 5 1 and paragraph a of subdivision 4 as added by section 1 of part J of 2 chapter 93 of the laws of 2002, are amended to read as follows: 3 1. No person enjoying the benefits of tenure shall be disciplined or 4 removed during a term of employment except for just cause and in accord- 5 ance with the procedures specified in section three thousand twenty-a of 6 this article or in accordance with alternate disciplinary procedures 7 contained in a collective bargaining agreement covering his or her terms 8 and conditions of employment that was effective on or before September 9 first, nineteen hundred ninety-four and has been unaltered by renegoti- 10 ation, or in accordance with alternative disciplinary procedures 11 contained in a collective bargaining agreement covering his or her terms 12 and conditions of employment that becomes effective on or after Septem- 13 ber first, nineteen hundred ninety-four; provided, however, that any 14 such alternate disciplinary procedures contained in a collective 15 bargaining agreement that becomes effective on or after September first, 16 nineteen hundred ninety-four, must provide for the written election by 17 the employee of either the procedures specified in such section three 18 thousand twenty-a or the alternative disciplinary procedures contained 19 in the collective bargaining agreement and must result in a disposition 20 of the disciplinary charge within the amount of time allowed therefor 21 under such section three thousand twenty-a; and provided further that 22 any alternate disciplinary procedures contained in a collective bargain- 23 ing agreement that becomes effective on or after July first, two thou- 24 sand ten shall provide for an expedited hearing process before a single 25 hearing officer in accordance with subparagraph (i-a) of paragraph c of 26 subdivision three of section three thousand twenty-a of this article in 27 cases in which charges of incompetence are brought based solely upon an 28 allegation of a pattern of ineffective teaching or performance as 29 defined in section three thousand twelve-c of this article and shall 30 provide that such a pattern of ineffective teaching or performance shall 31 constitute very significant evidence of incompetence which may form the 32 basis for just cause removal. 33 3. Notwithstanding any inconsistent provision of law, the procedures 34 set forth in section three thousand twenty-a of this article and subdi- 35 vision seven of section twenty-five hundred ninety-j of this chapter may 36 be modified or replaced by agreements negotiated between the city school 37 district of the city of New York and any employee organization repres- 38 enting employees or titles that are or were covered by any memorandum of 39 agreement executed by such city school district and the council of 40 supervisors and administrators of the city of New York on or after 41 December first, nineteen hundred ninety-nine. Where such procedures are 42 so modified or replaced: (i) compliance with such modification or 43 replacement procedures shall satisfy any provision in this chapter that 44 requires compliance with section three thousand twenty-a, (ii) any 45 employee against whom charges have been preferred prior to the effective 46 date of such modification or replacement shall continue to be subject to 47 the provisions of such section as in effect on the date such charges 48 were preferred, (iii) the provisions of subdivisions one and two of this 49 section shall not apply to agreements negotiated pursuant to this subdi- 50 vision, and (iv) in accordance with paragraph (e) of subdivision one of 51 section two hundred nine-a of the civil service law, such modification 52 or replacement procedures contained in an agreement negotiated pursuant 53 to this subdivision shall continue as terms of such agreement after its 54 expiration until a new agreement is negotiated; provided that any alter- 55 nate disciplinary procedures contained in a collective bargaining agree- 56 ment that becomes effective on or after July first, two thousand tenA. 11171 6 1 shall provide for an expedited hearing process before a single hearing 2 officer in accordance with subparagraph (i-a) of paragraph c of subdivi- 3 sion three of section three thousand twenty-a of this article in cases 4 in which charges of incompetence are brought against a building princi- 5 pal based solely upon an allegation of a pattern of ineffective teaching 6 or performance as defined in section three thousand twelve-c of this 7 article and shall provide that such a pattern of ineffective teaching or 8 performance shall constitute very significant evidence of incompetence 9 which may form the basis for just cause removal of the building princi- 10 pal. Notwithstanding any inconsistent provision of law, the commission- 11 er [of education] shall review any appeals authorized by such modifica- 12 tion or replacement procedures within fifteen days from receipt by such 13 commissioner of the record of prior proceedings in the matter subject to 14 appeal. Such review shall have preference over all other appeals or 15 proceedings pending before such commissioner. 16 a. Notwithstanding any inconsistent provision of law, the procedures 17 set forth in section three thousand twenty-a of this article and subdi- 18 vision seven of section twenty-five hundred ninety-j of this chapter may 19 be modified by agreements negotiated between the city school district of 20 the city of New York and any employee organization representing employ- 21 ees or titles that are or were covered by any memorandum of agreement 22 executed by such city school district and the united federation of 23 teachers on or after June tenth, two thousand two. Where such proce- 24 dures are so modified: (i) compliance with such modified procedures 25 shall satisfy any provision of this chapter that requires compliance 26 with section three thousand twenty-a of this article; (ii) any employee 27 against whom charges have been preferred prior to the effective date of 28 such modification shall continue to be subject to the provisions of such 29 section as in effect on the date such charges were preferred; (iii) the 30 provisions of subdivisions one and two of this section shall not apply 31 to agreements negotiated pursuant to this subdivision, except that no 32 person enjoying the benefits of tenure shall be disciplined or removed 33 during a term of employment except for just cause; and (iv) in accord- 34 ance with paragraph (e) of subdivision one of section two hundred nine-a 35 of the civil service law, such modified procedures contained in an 36 agreement negotiated pursuant to this subdivision shall continue as 37 terms of such agreement after its expiration until a new agreement is 38 negotiated; and provided further that any alternate disciplinary proce- 39 dures contained in a collective bargaining agreement that becomes effec- 40 tive on or after July first, two thousand ten shall provide for an expe- 41 dited hearing process before a single hearing officer in accordance with 42 subparagraph (i-a) of paragraph c of subdivision three of section three 43 thousand twenty-a of this article in cases in which charges of incompe- 44 tence are brought based solely upon an allegation of a pattern of inef- 45 fective teaching or performance as defined in section three thousand 46 twelve-c of this article and shall provide that such a pattern of inef- 47 fective teaching or performance shall constitute very significant 48 evidence of incompetence which may form the basis for just cause 49 removal. 50 § 3. Paragraph (c) of subdivision 2 of section 3020-a of the education 51 law, as amended by chapter 691 of the laws of 1994, is amended to read 52 as follows: 53 (c) Within ten days of receipt of the statement of charges, the 54 employee shall notify the clerk or secretary of the employing board in 55 writing whether he or she desires a hearing on the charges and when the 56 charges concern pedagogical incompetence or issues involving pedagogicalA. 11171 7 1 judgment, his or her choice of either a single hearing officer or a 2 three member panel, provided that a three member panel shall not be 3 available where the charges concern pedagogical incompetence based sole- 4 ly upon a teacher's or principal's pattern of ineffective teaching or 5 performance as defined in section three thousand twelve-c of this arti- 6 cle. All other charges shall be heard by a single hearing officer. 7 § 4. Paragraph a of subdivision 3 of section 3020-a of the education 8 law, as amended by chapter 691 of the laws of 1994, is amended to read 9 as follows: 10 a. Notice of hearing. Upon receipt of a request for a hearing in 11 accordance with subdivision two of this section, the commissioner [of12education] shall forthwith notify the American Arbitration Association 13 (hereinafter "association") of the need for a hearing and shall request 14 the association to provide to the commissioner forthwith a list of names 15 of persons chosen by the association from the association's panel of 16 labor arbitrators to potentially serve as hearing officers together with 17 relevant biographical information on each arbitrator. Upon receipt of 18 said list and biographical information, the commissioner [of education] 19 shall forthwith send a copy of both simultaneously to the employing 20 board and the employee. The commissioner shall also simultaneously 21 notify both the employing board and the employee of each potential hear- 22 ing officer's record in the last five cases of commencing and completing 23 hearings within the time periods prescribed in this section. 24 § 5. Paragraph c of subdivision 3 of section 3020-a of the education 25 law is amended by adding a new subparagraph (i-a) to read as follows: 26 (i-a)(A) Where charges of incompetence are brought based solely upon a 27 pattern of ineffective teaching or performance of a classroom teacher or 28 principal, as defined in section three thousand twelve-c of this arti- 29 cle, the hearing shall be conducted before and by a single hearing offi- 30 cer in an expedited hearing, which shall commence within seven days 31 after the pre-hearing conference and shall be completed within sixty 32 days after the pre-hearing conference. The hearing officer shall estab- 33 lish a hearing schedule at the pre-hearing conference to ensure that the 34 expedited hearing is completed within the required timeframes and to 35 ensure an equitable distribution of days between the employing board and 36 the charged employee. Notwithstanding any other law, rule or regulation 37 to the contrary, no adjournments may be granted that would extend the 38 hearing beyond such sixty days, except as authorized in this subpara- 39 graph. A hearing officer, upon request, may grant a limited and time 40 specific adjournment that would extend the hearing beyond such sixty 41 days if the hearing officer determines that the delay is attributable to 42 a circumstance or occurrence substantially beyond the control of the 43 requesting party and an injustice would result if the adjournment were 44 not granted. 45 (B) Such charges shall allege that the employing board has developed 46 and substantially implemented a teacher or principal improvement plan in 47 accordance with subdivision four of section three thousand twelve-c of 48 this article for the employee following the first evaluation in which 49 the employee was rated ineffective, and the immediately preceding evalu- 50 ation if the employee was rated developing. Notwithstanding any other 51 provision of law to the contrary, a pattern of ineffective teaching or 52 performance as defined in section three thousand twelve-c of this arti- 53 cle shall constitute very significant evidence of incompetence for 54 purposes of this section. Nothing in this subparagraph shall be 55 construed to limit the defenses which the employee may place before theA. 11171 8 1 hearing officer in challenging the allegation of a pattern of ineffec- 2 tive teaching or performance. 3 (C) The commissioner shall annually inform all hearing officers who 4 have heard cases pursuant to this section during the preceding year that 5 the time periods prescribed in this subparagraph for conducting expe- 6 dited hearings are to be strictly followed. A record of continued fail- 7 ure to commence and complete expedited hearings within the time periods 8 prescribed in this subparagraph shall be considered grounds for the 9 commissioner to exclude such individual from the list of potential hear- 10 ing officers sent to the employing board and the employee for such expe- 11 dited hearings. 12 § 6. The education law is amended by adding a new section 211-e to 13 read as follows: 14 § 211-e. Educational partnership organizations. 1. The board of educa- 15 tion of a school district, and the chancellor of the city school 16 district of the city of New York, subject to the approval of the commis- 17 sioner, shall be authorized to contract, for a term of up to five years, 18 with an educational partnership organization pursuant to this section to 19 intervene in a school designated by the commissioner as a persistently 20 lowest-achieving school, consistent with federal requirements, or a 21 school under registration review. 22 2. Notwithstanding any other provision of law, rule or regulation to 23 the contrary, and except as otherwise provided in this section, such 24 contract shall contain provisions authorizing the educational partner- 25 ship organization to assume the powers and duties of the superintendent 26 of schools for purposes of implementing the educational program of the 27 school, including but not limited to, making recommendations to the 28 board of education on budgetary decisions, staffing population deci- 29 sions, student discipline decisions, decisions on curriculum and deter- 30 mining the daily schedule and school calendar, all of which recommenda- 31 tions shall be consistent with applicable collective bargaining 32 agreements. Such contract shall include district performance expecta- 33 tions and/or benchmarks for school operations and academic outcomes, and 34 failure to meet such expectations or benchmarks may be grounds for 35 termination of the contract prior to the expiration of its term. Such 36 contract shall also address the manner in which students will be 37 assigned to the school, the process for employees to transfer into the 38 school, the services that the district will provide to the school, and 39 the manner in which the school shall apply for and receive allocational 40 and competitive grants. 41 3. The board of education shall retain the ultimate decision-making 42 authority over the hiring, evaluating, termination, disciplining, grant- 43 ing of tenure, assignment of employees serving in the school as well as 44 with respect to staff development for those employees, together with 45 authority concerning all other terms and conditions of employment, all 46 of which decisions shall be made in a manner consistent with applicable 47 collective bargaining agreements. However, notwithstanding any law, rule 48 or regulation to the contrary, upon the effective date of the contract, 49 the educational partnership organization shall be authorized to exercise 50 all powers of a superintendent of schools with respect to such employ- 51 ment decisions, including but not limited to making recommendations, as 52 applicable, to the board of education in connection with and prior to 53 the board of education making decisions regarding staff assignments, the 54 hiring, the granting of tenure, the evaluating, the disciplining and 55 termination of employees, as well as concerning staff development. The 56 employees assigned to the school shall solely be in the employ of theA. 11171 9 1 school district and shall retain their tenure rights and all other 2 employment rights conferred by law, and service in the school shall 3 constitute service to the school district for all purposes, including 4 but not limited to, the requirements for criminal history record checks 5 and participation in public retirement systems. Notwithstanding any 6 other provision of law to the contrary, for purposes of article fourteen 7 of the civil service law, employees in the school shall be public 8 employees of the school district as defined in subdivision seven of 9 section two hundred one of the civil service law and shall not be deemed 10 employees of the educational partnership organization by reason of the 11 powers granted to the educational partnership organization by this 12 section. All such employees shall be members of the applicable negotiat- 13 ing unit containing like titles or positions for the public school 14 district in which such school is located, and shall be covered by the 15 collective bargaining agreement covering that public school district's 16 negotiating unit, except that the duly recognized or certified collec- 17 tive bargaining representative for that negotiating unit may modify or 18 supplement, in writing, the collective bargaining agreement in consulta- 19 tion with the employees of the negotiating unit working in the school. 20 All such modifications of, or supplements to the collective bargaining 21 agreement are subject to ratification by the employees employed within 22 the school and by the board of education of the public school district, 23 consistent with article fourteen of the civil service law. Upon the 24 effective date of the school district's contract with the educational 25 partnership organization, the educational partnership organization shall 26 be empowered to make recommendations to the board of education with 27 respect to the scope of, and process for making modifications and addi- 28 tions to the collective bargaining agreement. 29 4. Where a recommendation is made by the educational partnership 30 organization to the board of education pursuant to subdivision two or 31 three of this section, and such recommendation is denied, the board of 32 education shall state its reasons for the denial, which shall include an 33 explanation of how such denial will promote improvement of student 34 achievement in the school and how such action is consistent with all 35 accountability plans approved by the commissioner for the school and the 36 school district. Nothing in this subdivision shall be construed to 37 prevent a board of education from denying a recommendation of the educa- 38 tional partnership organization based upon the board of education's 39 determination that carrying out such recommendation would result in a 40 violation of law or violation of the terms of an applicable collective 41 bargaining agreement. If the board of education rejects a recommendation 42 of the educational partnership organization to terminate a probationary 43 employee assigned to the school or to deny tenure to an employee 44 assigned to the school, it shall be the duty of the board of education 45 to transfer such employee to another position in the school district 46 within such employee's tenure area for which the employee is qualified, 47 or to create such a position. 48 5. For purposes of this section the following terms shall have the 49 following meanings: 50 (i) "educational partnership organization" means a board of cooper- 51 ative educational services, a public or independent, non-profit institu- 52 tion of higher education, a cultural institution, or a private, non-pro- 53 fit organization with a proven record of success in intervening in 54 low-performing schools, as determined by the commissioner, provided that 55 such term shall not include a charter school;A. 11171 10 1 (ii) "board of education" means the trustees or board of education of 2 a school district, or, in the case of a city school district of a city 3 having a population of one million or more, the chancellor of such city 4 district; 5 (iii) "school district" means a common, union free, central, central 6 high school or city school district, other than a special act school 7 district as defined in section four thousand one of this chapter. 8 (iv) "superintendent of schools" means the superintendent of schools 9 of a school district, and, in the case of a city school district of a 10 city having a population of one million or more, a community superinten- 11 dent and the chancellor of such city district when acting in the role of 12 a superintendent of schools. 13 § 7. This act shall take effect immediately; provided however that the 14 provisions of sections one, two, three, four and five of this act shall 15 take effect July 1, 2010, provided, further, if this act shall become a 16 law after such date it shall take effect immediately and shall be deemed 17 to have been in full force and effect on and after July 1, 2010.