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A10168 Summary:

A10168 Actions:

A10168 Floor Votes:

A10168 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10168
 
                   IN ASSEMBLY
 
                                      June 19, 2014
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Nolan,
          Silver, Glick, Morelle,  Abinanti,  Buchwald,  Fahy,  Jaffee,  Paulin,
          Ryan,  Schimel,  Benedetto,  Braunstein,  Jacobs, Magnarelli, Millman,
          Ortiz, Perry, Robinson, Rosenthal, Russell, Scarborough,  Schimminger,
          Sepulveda,  Steck,  Stirpe, Thiele, Mosley, Skartados, Peoples-Stokes,

          Cusick, Lifton, Miller, Cymbrowitz, Weprin, Abbate,  Arroyo,  Brennan,
          Brindisi,  Bronson,  Cahill,  Clark,  Colton,  Cook,  Crespo,  Davila,
          DenDekker, Dinowitz, Englebright, Farrell, Heastie, Hennessey, Hevesi,
          Hooper, Kim, Lavine, Lentol, Lupardo, Magee, Markey, Mayer,  McDonald,
          Moya, O'Donnell, Otis, Pichardo, Quart, Ramos, Rodriguez, Rosa, Santa-
          barbara,  Skoufis,  Sweeney, Titone, Weinstein, Weisenberg, Zebrowski)
          -- (at request of the Governor) --  read  once  and  referred  to  the
          Committee on Education
 
        AN ACT relating to temporary provisions for the implementation of common
          core learning standards
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Temporary provisions  relating  to  the  implementation  of

     2  common  core  learning standards.  1. Applicability. Notwithstanding any
     3  other provision of law, rule or regulation to the contrary, in the  case
     4  of  any  classroom teacher or building principal who received an overall
     5  composite rating of ineffective or developing in an annual  professional
     6  performance  review  calculated pursuant to section 3012-c of the educa-
     7  tion law for the 2013-14 and/or  2014-15  school  years,  if  the  state
     8  assessments  and other comparable measures subcomponent score and/or the
     9  locally selected measures of student achievement  subcomponent  of  such
    10  rating was based on a state assessment aligned with the common core, the
    11  calculation  pursuant  to  subdivision two of this section shall be used
    12  for the purposes of subdivision three of this section. For  purposes  of
    13  this section, a state assessment aligned with the common core shall mean

    14  a  state  administered  standardized  English  language arts and/or math
    15  assessment in grades 3 through 8 that is  aligned  to  the  common  core
    16  learning  standards adopted by the board of regents.  Provided, however,
    17  that nothing contained in this act shall impair or  abridge  any  rights
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12116-05-4
        A. 10168                            2
 
     1  and  privileges of any party pursuant to section 3012-c of the education
     2  law, except as specifically provided herein.
     3    2. Calculations. a. The calculation pursuant to this subdivision shall
     4  be  based upon the classroom teacher's or building principal's scores on

     5  the applicable approved or determined  annual  professional  performance
     6  review  plan for the school district or board of cooperative educational
     7  services.
     8    b. Except as provided in paragraphs c and d of this  subdivision,  the
     9  calculation shall consist of:
    10    (1)  scaling  up  the  numerator  and  the  denominator of the locally
    11  selected measures of student  achievement  subcomponent  such  that  the
    12  denominator is equal to 40 points; and
    13    (2)  adding  the result to the classroom teacher's or building princi-
    14  pal's score on the other measures of teacher or principal  effectiveness
    15  subcomponent  to  generate  an  overall composite calculation out of 100
    16  points.
    17    c. If the locally selected measures of student  achievement  subcompo-
    18  nent  relies  in whole or in part on a state assessment aligned with the
    19  common core, the following provisions shall apply:

    20    (1) If the state assessment aligned with the common core  is  used  in
    21  such  subcomponent among multiple measures including measures other than
    22  state assessments aligned with the common core,  the  calculation  shall
    23  consist of:
    24    (i)  excluding  the  portion of such subcomponent score that relies on
    25  state assessments aligned with the common core from both  the  numerator
    26  and  denominator  of  the ratio of the teacher's or principal's score on
    27  the locally selected measures of student achievement subcomponent;
    28    (ii) scaling up the resulting ratio such that the denominator is equal
    29  to 40 points; and
    30    (iii) adding the result to the classroom teacher's or building princi-
    31  pal's score on the other measures of teacher or principal  effectiveness
    32  subcomponent  to  generate  an  overall composite calculation out of 100
    33  points.

    34    (2) If state assessments aligned with the common core  constitute  the
    35  sole  measure  of  the  locally selected measures of student achievement
    36  subcomponent, the calculation shall consist of scaling up the  numerator
    37  and  denominator  of  the ratio of the teacher's or principal's score on
    38  the other measures of teacher or  principal  effectiveness  subcomponent
    39  out of 60 points such that the denominator is equal to 100 points and an
    40  overall composite calculation is generated.
    41    d.  Notwithstanding  the foregoing, in the case of a classroom teacher
    42  or building principal (i) whose locally  selected  measures  of  student
    43  achievement subcomponent is based in whole or in part on a state assess-
    44  ment  aligned with the common core, and (ii) whose state assessments and
    45  other comparable measures subcomponent is not based, in any part,  on  a

    46  state  assessment  aligned  with  the common core, the calculation shall
    47  consist of:
    48    (1) If the state assessment aligned with the common core  is  used  in
    49  the  locally selected measures of student achievement subcomponent among
    50  multiple  measures  including  measures  other  than  state  assessments
    51  aligned with the common core, the calculation shall consist of:
    52    (i)  Excluding  the  portion of such subcomponent score that relies on
    53  state assessments aligned with the common core from both  the  numerator
    54  and  denominator  of  the ratio of the teacher's or principal's score on
    55  the locally selected measures of student achievement subcomponent;
        A. 10168                            3
 
     1    (ii) Scaling up the resulting ratio such that the denominator is equal
     2  to 20 points, or 15 points if a value-added model is in effect; and

     3    (iii) Adding the result to the classroom teacher's or building princi-
     4  pal's  score  on  the  state  assessments  and other comparable measures
     5  subcomponent and the other measures of teacher or  principal  effective-
     6  ness  subcomponent  to  generate an overall composite calculation out of
     7  100 points.
     8    (2) If state assessments aligned with the common core  constitute  the
     9  sole  measure  of  the  locally selected measures of student achievement
    10  subcomponent, the calculation shall consist of:
    11    (i) Scaling up the numerator and the denominator of the state  assess-
    12  ments and other comparable measures subcomponent such that the denomina-
    13  tor is equal to 40 points; and
    14    (ii)  Adding the result to the classroom teacher's or building princi-
    15  pal's score on the other measures of teacher or principal  effectiveness

    16  subcomponent  to  generate  an  overall composite calculation out of 100
    17  points.
    18    3. Use. Notwithstanding any other provision of law, rule or regulation
    19  to the contrary, if a calculation made pursuant to subdivision 2 of this
    20  section would, compared to the rating pursuant to section 3012-c of  the
    21  education  law and the rules of the board of regents, have resulted in a
    22  higher rating for a teacher or principal rated  developing  or  ineffec-
    23  tive:
    24    a.  The  rating  of  ineffective  or developing calculated pursuant to
    25  section 3012-c of the education law  and  the  rules  of  the  board  of
    26  regents shall not apply for the following employment related decisions:
    27    (1)  a  termination pursuant to sections 2509, 2573, 3012, 3014, 3020,
    28  3020-a, or 3031 of the education law;
    29    (2) a granting or denial of tenure pursuant  to  section  2509,  2573,

    30  3012, 3014 or 3031 of the education law;
    31    (3)  expedited  hearings  pursuant  to section 3020-a of the education
    32  law; and
    33    (4) decisions related to retention.
    34    The rating of ineffective or developing calculated pursuant to section
    35  3012-c of the education law and the rules of the board of regents  shall
    36  not  apply  and  the designation calculated pursuant to subdivision 2 of
    37  this section shall be used for the requirement for teacher or  principal
    38  improvement plans pursuant to section 3012-c of the education law.
    39    Provided,  however, that nothing in this section shall be construed to
    40  prevent the use for the purposes listed above of the observations, local
    41  assessments or other measures of the performance of the teacher or prin-
    42  cipal, other than their rating or a state assessment  aligned  with  the
    43  common core, whether or not they were included in an annual professional

    44  performance review.
    45    b.  On  individual  employment records, except as provided under para-
    46  graph a of this subdivision, and for purposes of disclosure  to  parents
    47  pursuant  to  paragraph  b  of  subdivision  10 of section 3012-c of the
    48  education law, the rating pursuant to section 3012-c  of  the  education
    49  law  shall  be  reported with (i) the designation calculated pursuant to
    50  subdivision 2 of this section and (ii) an explanation of such additional
    51  designation.
    52    § 2. This act shall take effect immediately, provided  that  it  shall
    53  first apply to employment decisions detailed in this act based on annual
    54  professional  performance  review ratings received by classroom teachers
    55  and building principals for the 2013-14 and 2014-15 school years.