A10808 Summary:

BILL NOA10808
 
SAME ASNo same as
 
SPONSORRules (Brennan)
 
COSPNSR
 
MLTSPNSR
 
Amd S1, Chap 53 of 2012; rpld Part A S1, Chap 57 of 2012; amd S210, Tax L; add S81, St Fin L
 
Relates to the eligibility of school districts for the apportionment of funds based on implementing new standards and procedures for conducting annual professional performance reviews.
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A10808 Actions:

BILL NOA10808
 
08/24/2012referred to ways and means
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A10808 Floor Votes:

There are no votes for this bill in this legislative session.
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A10808 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10808
 
                   IN ASSEMBLY
 
                                     August 24, 2012
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Brennan) --
          read once and referred to the Committee on Ways and Means
 
        AN ACT to amend chapter 53 of the laws  of  2012  enacting  the  aid  to
          localities  budget,  in relation 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; to amend the  tax  law,
          in relation to increasing the alternative minimum tax on corporations;
          to amend the state finance law, in relation to establishing the annual
          professional  performance review fund; and to repeal section 1 of part
          A of chapter 57 of the laws of 2012 relating to school district eligi-
          bility for an increase in apportionment of school aid and  implementa-
          tion  of  new standards for conducting annual professional performance
          reviews to determine teacher and principal effectiveness
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  That  part of section 1 of chapter 53 of the laws of 2012

     2  enacting the aid to localities budget, entitled  "education  department"
     3  is  amended by repealing the items hereinbelow set forth in brackets and
     4  by adding thereto the items hereinbelow set forth in italics as follows:
     5  OFFICE OF PREKINDERGARTEN THROUGH GRADE  TWELVE  EDUCATION
     6    PROGRAM ............................................... 46,592,431,000
     7                                                            --------------
 
     8    General Fund
     9    Local Assistance Account
 
    10  Notwithstanding  any  inconsistent provision
    11    of law, for  general  support  for  public
    12    schools, for the 2012-13 and 2013-14 state
    13    fiscal  years  provided, however, that not
    14    more  than  40.21294771  percent  of  this
    15    appropriation   shall   be  available  for
    16    remaining payments for the  2012-13  state
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16324-02-2

        A. 10808                            2
 
     1    fiscal  year  payments for general support
     2    for public schools for the 2012-13  school
     3    year, nor more than 18.04144294 percent of
     4    this  appropriation shall be available for
     5    remaining payments for the 2012-13  school
     6    year  payable  in the 2013-14 state fiscal
     7    year and provided  further  that  notwith-
     8    standing  any  inconsistent  provision  of
     9    law, the remaining amounts  available  for
    10    the  2013-14  school  year shall be appor-
    11    tioned to school districts pursuant to the
    12    education law and subject to  the  limita-

    13    tions  of this appropriation including the
    14    gap elimination adjustment as provided for
    15    herein.
    16  [Provided however that, notwithstanding  any
    17    inconsistent  provision  of law, no school
    18    district shall be eligible for  an  appor-
    19    tionment from the funds appropriated here-
    20    in  for  the 2012-13 school year in excess
    21    of the amount apportioned to such district
    22    for the same time period during  the  base
    23    year   unless  such  school  district  has
    24    submitted  documentation  that  has   been
    25    approved  by  the  commissioner by January
    26    17, 2013 demonstrating that it  has  fully
    27    implemented  new  standards and procedures
    28    for   conducting    annual    professional

    29    performance  reviews of classroom teachers
    30    and  building  principals   to   determine
    31    teacher    and   principal   effectiveness
    32    including but not limited to providing for
    33    (i) state assessments and other comparable
    34    measures which shall  comprise  twenty  or
    35    twenty-five  percent  of  the  evaluation;
    36    (ii)  locally  selected  measures  of  the
    37    student   achievement  subcomponent  which
    38    shall comprise twenty or  fifteen  percent
    39    of  the evaluation; (iii) subjective meas-
    40    ures  of  effectiveness  that  have   been
    41    approved  by  the  commissioner  with  the
    42    majority of such points based on  multiple

    43    observations  by an administrator or prin-
    44    cipal with at least one unannounced obser-
    45    vation which shall comprise 60 percent  of
    46    the  evaluation; and (iv) a scoring rubric
    47    which  ensures  that  it  is  possible  to
    48    receive any one of four ratings limited to
    49    highly  effective,  effective,  developing
    50    and ineffective; provided however that, if
    51    any such payments in excess of the  amount
    52    apportioned  to such district for the same
    53    time period  during  the  base  year  were
    54    made,  and  the  school  district  has not
    55    submitted documentation that it has  fully
    56    implemented  new  standards and procedures


        A. 10808                            3

     1    as set forth above that has been  approved
     2    by  the  commissioner by January 17, 2013,
     3    the total amount of such payments shall be
     4    deducted  by  the commissioner from future
     5    payments to the school district from funds
     6    appropriated herein; and provided  further
     7    that,  for the 2012-13 school year if such
     8    deduction is greater than the sum  of  the
     9    amounts available for such deductions, the
    10    remainder  of the deduction shall be with-
    11    held from payments scheduled to be made to
    12    the school district  pursuant  to  section
    13    3609-a  of the education law for the 2013-
    14    14 school year in the 2013-14 state fiscal

    15    year.
    16  Provided further  that  notwithstanding  any
    17    inconsistent   provision  of  law  to  the
    18    contrary such documentation shall  include
    19    a  plan  adopted by the governing board of
    20    the school district for conducting  annual
    21    professional performance reviews of class-
    22    room teachers and building principals that
    23    has been approved by the commissioner, and
    24    in  order to be approvable such plan shall
    25    conform with the requirements for conduct-
    26    ing   annual   professional    performance
    27    reviews of classroom teachers and building
    28    principals,  including  but not limited to
    29    (i) state assessments and other comparable

    30    measures which shall  comprise  twenty  or
    31    twenty-five  percent  of  the  evaluation;
    32    (ii)  locally  selected  measures  of  the
    33    student   achievement  subcomponent  which
    34    shall comprise twenty or  fifteen  percent
    35    of  the evaluation; (iii) subjective meas-
    36    ures  of  effectiveness  that  have   been
    37    approved  by  the  commissioner  with  the
    38    majority of such points based on  multiple
    39    observations  by an administrator or prin-
    40    cipal with at least one unannounced obser-
    41    vation which shall comprise 60 percent  of
    42    the  evaluation; and (iv) a scoring rubric
    43    which  ensures  that  it  is  possible  to

    44    receive any one of four ratings limited to
    45    highly  effective,  effective,  developing
    46    and  ineffective;  consistent   with   and
    47    conforms  to a chapter of the laws of 2012
    48    amending the education law relating to the
    49    annual professional performance review  of
    50    classroom teachers and building principals
    51    and  the teacher evaluation appeal process
    52    in the city of New York;  as  proposed  in
    53    legislative   bill   numbers   S.6732  and
    54    A.9554.
    55  Provided further that for a school  district
    56    in a city with a population of one million

        A. 10808                            4

     1    or  more, notwithstanding any inconsistent

     2    provision of law, no such school  district
     3    shall  be  eligible  for  an apportionment
     4    from the funds appropriated herein for the
     5    2012-13  school  year  in  excess  of  the
     6    amount apportioned to  such  district  for
     7    the  same time period during the base year
     8    unless such school district has  submitted
     9    documentation  that  has  been approved by
    10    the  commissioner  by  January  17,   2013
    11    demonstrating that it has adopted an expe-
    12    ditious  appeals process pertaining to the
    13    annual professional performance review  of
    14    classroom teachers and building principals
    15    that  is consistent with and conforms to a

    16    chapter of the laws of 2012  amending  the
    17    education   law  relating  to  the  annual
    18    professional performance review of  class-
    19    room  teachers and building principals and
    20    the teacher evaluation appeal  process  in
    21    the  city  of  New  York,  as  proposed in
    22    legislative bill numbers S.6732 and A.9554
    23    and if any such payments in excess of  the
    24    amount  apportioned  to  such district for
    25    the same time period during the base  year
    26    were made, and the school district has not
    27    submitted   documentation  that  has  been
    28    approved by the  commissioner  by  January
    29    17,  2013  that  it  has  adopted an expe-

    30    ditious appeals process pertaining to  the
    31    annual  professional performance review of
    32    classroom teachers and building principals
    33    that is consistent with and conforms to  a
    34    chapter  of  the laws of 2012 amending the
    35    education  law  relating  to  the   annual
    36    professional  performance review of class-
    37    room teachers and building principals  and
    38    the  teacher  evaluation appeal process in
    39    the city  of  New  York,  as  proposed  in
    40    legislative   bill   numbers   S.6732  and
    41    A.9554, the total amount of such  payments
    42    shall be deducted by the commissioner from
    43    future  payments  to  the  school district

    44    from  funds   appropriated   herein;   and
    45    provided  further  that,  for  the 2012-13
    46    school year if such deduction  is  greater
    47    than  the sum of the amounts available for
    48    such  deductions,  the  remainder  of  the
    49    deduction  shall be withheld from payments
    50    scheduled  to  be  made  to   the   school
    51    district pursuant to section 3609-a of the
    52    education  law for the 2013-14 school year
    53    in the 2013-14 state fiscal year.]
    54    § 2. Section 1 of part A of chapter 57 of the laws of 2012 relating to
    55  school district eligibility for an increase in apportionment  of  school
    56  aid and implantation of new standards for conducting annual professional

        A. 10808                            5
 

     1  performance reviews to determine teacher and principal effectiveness, is
     2  REPEALED.
     3    §  3.  Subparagraph  (ii) of paragraph (c) of subdivision 1 of section
     4  210 of the tax law, as amended by section 2 of part C of chapter  56  of
     5  the laws of 2011, is amended to read as follows:
     6    (ii)  (A)  For  taxable years beginning on or after January first, two
     7  thousand seven,  the  amount  prescribed  by  this  paragraph  shall  be
     8  computed at the rate of one and one-half percent of the taxpayer's mini-
     9  mum  taxable income base.  For taxable years beginning on or after Janu-
    10  ary first, two thousand twelve, the amount prescribed by this  paragraph
    11  shall  be  computed  at  the  rate  of three and one-half percent of the
    12  taxpayer's minimum taxable income base. The "taxpayer's minimum  taxable

    13  income  base"  shall  mean the portion of the taxpayer's minimum taxable
    14  income allocated within the state as hereinafter  provided,  subject  to
    15  any  modifications  required  by  paragraphs  (d) and (e) of subdivision
    16  three of this section.
    17    (B) For taxable years beginning on or after January first,  two  thou-
    18  sand  twelve  and before January first, two thousand fifteen, the amount
    19  prescribed by this paragraph for an eligible qualified New York manufac-
    20  turer shall be computed at the rate  of  seventy-five  hundredths  (.75)
    21  percent  of  the taxpayer's minimum taxable income base. For purposes of
    22  this clause, the term "eligible qualified New York  manufacturer"  shall
    23  have  the  same meaning as in subparagraph (vi) of paragraph (a) of this
    24  subdivision.
    25    § 4. The state finance law is amended by adding a new  section  81  to
    26  read as follows:

    27    §  81. Annual professional performance review fund. 1. There is hereby
    28  established in the custody of the state comptroller a special fund to be
    29  known as the "annual professional performance review fund".
    30    2. Moneys in the annual professional performance review fund shall  be
    31  kept  separately  from and shall not be commingled with any other moneys
    32  in the joint or sole custody of the state comptroller.
    33    3. The annual professional performance review fund  shall  consist  of
    34  the  revenues  generated  by  the  two  percent increase in the tax rate
    35  computed pursuant to clause (A) of subparagraph (ii) of paragraph (c) of
    36  subdivision one of section two hundred ten of the tax law as a result of

    37  amendments made to such subparagraph by a chapter of  the  laws  of  two
    38  thousand  twelve which added this section for taxable years beginning on
    39  or after January first, two thousand twelve, and all other moneys  cred-
    40  ited  or  transferred  thereto from any other fund or source pursuant to
    41  law.
    42    4.  Monies  of the fund shall be expended only as follows:
    43    a. if the United States department of education  determines  that  the
    44  chapter  of  the  laws  of  two  thousand twelve that added this section
    45  violates the approved application submitted by the department of  educa-
    46  tion  pursuant  to the federal Race to the Top program, and successfully
    47  obtains the repayment or return of the total amount or  any  portion  of

    48  the  Race to the Top grant awarded to this state, the monies of the fund
    49  shall be paid to the state treasury to  replace  the  amount  repaid  or
    50  returned  to  the  United  States  department of education.   Any excess
    51  amount shall be paid to the state treasury for general  state  purposes;
    52  or
    53    b.  if  the  United States department of education determines that the
    54  chapter of the laws of two thousand twelve that added this section  does
    55  not  violate  the approved Race to the Top application, or determines or

        A. 10808                            6
 
     1  agrees not to seek repayment or return of the Race to the Top grant, the
     2  monies shall be paid to the state treasury for general state purposes.

     3    5.  Moneys  shall be payable from the fund on the audit and warrant of
     4  the comptroller on vouchers approved by the comptroller.
     5    § 5. This act shall take effect immediately.
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