Relates to school district eligibility for an increase in apportionment of school aid and implementation of new standards for conducting annual professional performance reviews to determine teacher and principal effectiveness, in relation to requiring certain costs to be reimbursed by the state and permitting forfeited funds to be disbursed to school districts in compliance thereof.
STATE OF NEW YORK
________________________________________________________________________
6565
2013-2014 Regular Sessions
IN ASSEMBLY
April 9, 2013
___________
Introduced by M. of A. RA, RAIA, WALTER, McDONOUGH, LUPINACCI, SALADINO
-- Multi-Sponsored by -- M. of A. McLAUGHLIN -- read once and referred
to the Committee on Education
AN ACT to amend chapter 57 of the laws of 2012, relating to school
district eligibility for an increase in apportionment of school aid
and implementation of new standards for conducting annual professional
performance reviews to determine teacher and principal effectiveness,
in relation to requiring certain costs to be reimbursed by the state
and permitting forfeited funds to be disbursed to school districts in
compliance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of part A of chapter 57 of the laws of 2012,
2 relating to school district eligibility for an increase in apportionment
3 of school aid and implementation of new standards for conducting annual
4 professional performance reviews to determine teacher and principal
5 effectiveness, is amended to read as follows:
6 Section 1. Notwithstanding any inconsistent provision of law, no
7 school district shall be eligible for an apportionment of general
8 support for public schools from the funds appropriated for the 2012-13
9 school year in excess of the amount apportioned to such district for the
10 same time period during the base year unless such school district has
11 submitted documentation that has been approved by the commissioner of
12 education by January 17, 2013 demonstrating that it has fully imple-
13 mented new standards and procedures for conducting annual professional
14 performance reviews of classroom teachers and building principals to
15 determine teacher and principal effectiveness including but not limited
16 to providing for (i) state assessments and other comparable measures
17 which shall comprise twenty or twenty-five percent of the evaluation;
18 (ii) locally selected measures of the student achievement subcomponent
19 which shall comprise twenty or fifteen percent of the evaluation; (iii)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08453-01-3
A. 6565 2
1 subjective measures of effectiveness that have been approved by the
2 commissioner with the majority of such points based on multiple observa-
3 tions by an administrator or principal with at least one unannounced
4 observation which shall comprise 60 percent of the evaluation; and (iv)
5 a scoring rubric which ensures that it is possible to receive any one of
6 four ratings limited to highly effective, effective, developing and
7 ineffective; provided however that if any such payments in excess of the
8 amount apportioned to such district for the same time period during the
9 base year were made, and the school district has not submitted documen-
10 tation that it has fully implemented new standards and procedures as set
11 forth above that has been approved by the commissioner of education by
12 January 17, 2013, the total amount of such payments shall be deducted by
13 the commissioner from future payments to the school district; provided
14 further that, for the 2012-13 school year if such deduction is greater
15 than the sum of the amounts available for such deductions, the remainder
16 of the deduction shall be withheld from payments scheduled to be made to
17 the school district pursuant to section 3609-a of the education law for
18 the 2013-14 school year; provided further that [notwithstanding] any
19 payments withheld from school districts, because of non-compliance with
20 the provisions of this act, shall be reallocated to school districts in
21 compliance with the provisions of this act on a pro rata basis to offset
22 costs associated with the implementation of this act. Any additional
23 cost accrued by school districts which are not reimbursed through such
24 reallocation offset shall be covered by the state in the form of addi-
25 tional aid during the following school year. Notwithstanding any incon-
26 sistent provision of law to the contrary such documentation shall
27 include a plan adopted by the governing board of the school district for
28 conducting annual professional performance reviews of classroom teachers
29 and building principals that has been approved by the commissioner, and
30 in order to be approvable such plan shall conform with the requirements
31 for conducting annual professional performance reviews of classroom
32 teachers and building principals, including but not limited to (i) state
33 assessments and other comparable measures which shall comprise twenty or
34 twenty-five percent of the evaluation; (ii) locally selected measures of
35 the student achievement subcomponent which shall comprise twenty or
36 fifteen percent of the evaluation; (iii) subjective measures of effec-
37 tiveness that have been approved by the commissioner with the majority
38 of such points based on multiple observations by an administrator or
39 principal with at least one unannounced observation which shall comprise
40 60 percent of the evaluation; and (iv) a scoring rubric which ensures
41 that it is possible to receive any one of four ratings limited to highly
42 effective, effective, developing and ineffective; consistent with and
43 conforms to a chapter of the laws of 2012 amending the education law
44 relating to annual professional performance review of classroom teachers
45 and building principals and the teacher evaluation appeal process in the
46 city of New York, as proposed in legislative bill numbers S.6732 and
47 A.9554, and provided further that for a school district in a city with a
48 population of one million or more, notwithstanding any inconsistent
49 provision of law, no such school district shall be eligible for an
50 apportionment of general support for public schools from the funds
51 appropriated for the 2012-13 school year in excess of the amount appro-
52 priated to such district for the same time period during the base year
53 unless such school district has submitted documentation that has been
54 approved by the commissioner by January 17, 2013 demonstrating that it
55 has adopted an expeditious appeals process pertaining to the annual
56 professional performance review of classroom teachers and building prin-
A. 6565 3
1 cipals that is consistent with and conforms to a chapter of the laws of
2 2012 amending the education law relating to annual professional perform-
3 ance review of classroom teachers and building principals and the teach-
4 er evaluation appeal process in the city of New York, as proposed in
5 legislative bill numbers S.6732 and A.9554, and if any such payments in
6 excess of the amount apportioned to such district for the same time
7 period during the base year were made, and the school district has not
8 submitted documentation that has been approved by the commissioner by
9 January 17, 2013 that it has adopted an expeditious appeals process
10 pertaining to the annual professional performance review of classroom
11 teachers and building principals that is consistent with and conforms to
12 a chapter of the laws of 2012 amending the education law relating to
13 annual professional performance review of classroom teachers and build-
14 ing principals and the teacher evaluation appeal process in the city of
15 New York, as proposed in legislative bill numbers S.6732 and A.9554, the
16 total amount of such payments shall be deducted by the commissioner from
17 future payments to the school district; and provided further that, for
18 the 2012-13 school year if such deduction is greater than the sum of the
19 amounts available for such deductions, the remainder of the deduction
20 shall be withheld from payments scheduled to be made to the school
21 district pursuant to section 3609-a of the education law for the 2013-14
22 school year.
23 § 2. This act shall take effect immediately and shall be deemed to
24 have been in effect on the same date and in the same manner as section 1
25 of part A of chapter 57 of the laws of 2012, took effect.
