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.
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.