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S01262 Summary:
BILL NO | S01262 |
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SAME AS | SAME AS UNI. A00783 |
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SPONSOR | MAYER |
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COSPNSR | LIU, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, FUNKE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, MARTINEZ, MAY, METZGER, MONTGOMERY, MYRIE, O'MARA, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS |
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MLTSPNSR | |
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Amd §3012-d, Ed L; amd Part AA Subpart B §2, Chap 56 of 2014 | |
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Relates to state assessments and teacher evaluations; makes certain provisions permanent. |
S01262 Actions:
BILL NO | S01262 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/11/2019 | REFERRED TO EDUCATION | |||||||||||||||||||||||||||||||||||||||||||||||||
01/22/2019 | REPORTED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/22/2019 | ORDERED TO THIRD READING CAL.37 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2019 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2019 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2019 | referred to education | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2019 | substituted for a783 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2019 | ordered to third reading cal.10 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2019 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2019 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
04/10/2019 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
04/12/2019 | SIGNED CHAP.27 |
S01262 Committee Votes:
Go to topS01262 Floor Votes:
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
No
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
No
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
No
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
ER
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
No
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Rivera
Yes
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
ER
Finch
No
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
No
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
Yes
Friend
Yes
Lawrence
ER
Palumbo
ER
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
ER
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
ER
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S01262 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ S. 1262 A. 783 2019-2020 Regular Sessions SENATE - ASSEMBLY January 11, 2019 ___________ IN SENATE -- Introduced by Sens. MAYER, LIU, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, MARTINEZ, MAY, METZGER, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Educa- tion IN ASSEMBLY -- Introduced by M. of A. BENEDETTO, HEASTIE, NOLAN, PEOPLES-STOKES, JAFFEE, WEINSTEIN, ABBATE, ABINANTI, ARROYO, AUBRY, BARNWELL, BARRETT, BARRON, BICHOTTE, BLAKE, BRAUNSTEIN, BRONSON, BURKE, CAHILL, CARROLL, COLTON, COOK, CRUZ, CUSICK, CYMBROWITZ, D'URSO, DE LA ROSA, DenDEKKER, DICKENS, DILAN, DINOWITZ, ENGLEBRIGHT, EPSTEIN, FAHY, FALL, FERNANDEZ, FRONTUS, GALEF, GLICK, GOTTFRIED, GRIFFIN, GUNTHER, HEVESI, HUNTER, HYNDMAN, JACOBSON, JEAN-PIERRE, JONES, JOYNER, KIM, LAVINE, LENTOL, LIFTON, LUPARDO, MAGNARELLI, McDO- NALD, McMAHON, M. G. MILLER, MOSLEY, NIOU, O'DONNELL, ORTIZ, OTIS, PERRY, PHEFFER AMATO, PICHARDO, PRETLOW, RAMOS, REYES, RICHARDSON, RIVERA, ROMEO, D. ROSENTHAL, L. ROSENTHAL, RYAN, SANTABARBARA, SAYEGH, SCHIMMINGER, SEAWRIGHT, SIMON, SIMOTAS, SOLAGES, STECK, STERN, STIRPE, TAYLOR, THIELE, TITUS, WALKER, WALLACE, WEPRIN, WOERNER, ZEBROWSKI, DiPIETRO, NORRIS, MORINELLO -- Multi-Sponsored by -- M. of A. PALMESA- NO -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to state assessments and teacher evaluations; and to amend chapter 56 of the laws of 2014, amending the education law relating to providing that standardized test scores shall not be included on a student's permanent record, in relation to making certain provisions permanent The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05312-01-9S. 1262 2 A. 783 1 Section 1. Section 3012-d of the education law is amended by adding a 2 new subdivision 16 to read as follows: 3 16. a. Notwithstanding any other provision of law, rule or regulation 4 to the contrary, the grades three through eight English language arts 5 and mathematics state assessments and all other state-created or admin- 6 istered tests shall not be required to be utilized in any manner to 7 determine a teacher or principal evaluation required by this section. 8 b. The commissioner shall promulgate rules and regulations providing 9 alternative assessments that may be used in grades three through eight 10 instead of all other state-created or administered tests, which shall 11 include all of the assessments that have been approved by the commis- 12 sioner for use in determining transition scores and ratings. 13 c. The selection and use of an assessment in a teacher or principal's 14 evaluation pursuant to paragraphs a and b of this subdivision and subdi- 15 vision four of this section shall be subject to collective bargaining 16 pursuant to article fourteen of the civil service law. 17 d. Notwithstanding any provision of subdivision twelve of this section 18 to the contrary, nothing in this section shall be construed to abrogate 19 any conflicting provisions of any collective bargaining agreement in 20 effect on the date this subdivision takes effect and until the entry 21 into a successor collective bargaining agreement, provided that notwith- 22 standing any other provision of law to the contrary, upon expiration of 23 such term and the entry into a successor collective bargaining agreement 24 the provisions of this subdivision shall apply; and, provided further, 25 however, that any assessments used in determining transition scores and 26 ratings shall be used in determining scores and ratings pursuant to this 27 section instead of the grades three through eight English language arts 28 and mathematics state assessments until the entry into a successor 29 collective bargaining agreement. 30 § 2. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section 31 3012-d of the education law, subparagraph 1 as amended by section 3 of 32 subpart C of part B of chapter 20 of the laws of 2015 and subparagraph 2 33 as added by section 2 of subpart E of part EE of chapter 56 of the laws 34 of 2015, are amended to read as follows: 35 (1) For the first subcomponent, [(A) for a teacher whose course ends36in a state-created or administered test for which there is a state-pro-37vided growth model, such teacher shall have a state-provided growth38score based on such model, which shall take into consideration certain39student characteristics, as determined by the commissioner, including40but not limited to students with disabilities, poverty, English language41learner status and prior academic history and which shall identify42educators whose students' growth is well above or well below average43compared to similar students for a teacher's or principal's students44after the certain student characteristics above are taken into account;45and (B) for a teacher whose course does not end in a state-created or46administered test such teacher] a teacher shall have a student learning 47 objective (SLO) consistent with a goal-setting process determined or 48 developed by the commissioner, that results in a student growth score; 49 provided that, for any teacher whose course ends in a state-created or 50 administered assessment [for which there is no state-provided growth51model], such assessment [must] may be used as the underlying assessment 52 for such SLO; 53 (2) For the optional second subcomponent, a district may locally 54 select a second measure in accordance with this subparagraph. Such 55 second measure shall apply in a consistent manner, to the extent practi- 56 cable, across the district and be either: (A) [a second state-providedS. 1262 3 A. 783 1growth score] based on a state-created or administered test [under2clause (A) of subparagraph one of this paragraph], or (B) [a growth3score] based on a state-designed supplemental assessment[, calculated4using a state-provided or approved growth model]. The optional second 5 subcomponent shall provide options for multiple assessment measures that 6 are aligned to existing classroom and school best practices and take 7 into consideration the recommendations in the testing reduction report 8 as required by section one of subpart F of [the chapter] part EE of 9 chapter fifty-six of the laws of two thousand fifteen which added this 10 section regarding the reduction of unnecessary additional testing. 11 § 3. Subdivision 5 of section 3012-d of the education law, as added by 12 section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is 13 amended to read as follows: 14 5. Rating determination. The overall rating determination shall be 15 determined [according to a methodology] as follows: 16 a. [The following rules shall apply: a teacher or principal who is (1)17rated using two subcomponents in the student performance category and18receives a rating of ineffective in such category shall be rated inef-19fective overall; provided, however, that if the measure used in the20second subcomponent is a state-provided growth score on a state-created21or administered test pursuant to clause (A) of subparagraph one of para-22graph a of subdivision four of this section, a teacher or principal who23receives a rating of ineffective in such category shall not be eligible24to receive a rating of effective or highly effective overall; (2) rated25using only the state measure subcomponent in the student performance26category and receives a rating of ineffective in such category shall not27be eligible to receive a rating of effective or highly effective over-28all; and (3) rated ineffective in the teacher observations category29shall not be eligible to receive a rating of effective or highly effec-30tive overall.31b. Except as otherwise provided in paragraph a of this subdivision, a32teacher's composite score shall be determined as follows:33(1)] If a teacher receives an H in the teacher observation category, 34 and an H in the student performance category, the teacher's composite 35 score shall be H; 36 [(2)] b. If a teacher receives an H in the teacher observation catego- 37 ry, and an E in the student performance category, the teacher's compos- 38 ite score shall be H; 39 [(3)] c. If a teacher receives an H in the teacher observation catego- 40 ry, and a D in the student performance category, the teacher's composite 41 score shall be E; 42 [(4)] d. If a teacher receives an H in the teacher observation catego- 43 ry, and an I in the student performance category, the teacher's compos- 44 ite score shall be D; 45 [(5)] e. If a teacher receives an E in the teacher observation catego- 46 ry, and an H in the student performance category, the teacher's compos- 47 ite score shall be H; 48 [(6)] f. If a teacher receives an E in the teacher observation catego- 49 ry, and an E in the student performance category, the teacher's compos- 50 ite score shall be E; 51 [(7)] g. If a teacher receives an E in the teacher observation catego- 52 ry, and a D in the student performance category, the teacher's composite 53 score shall be E; 54 [(8)] h. If a teacher receives an E in the teacher observation catego- 55 ry, and an I in the student performance category, the teacher's compos- 56 ite score shall be D;S. 1262 4 A. 783 1 [(9)] i. If a teacher receives a D in the teacher observation catego- 2 ry, and an H in the student performance category, the teacher's compos- 3 ite score shall be E; 4 [(10)] j. If a teacher receives a D in the teacher observation catego- 5 ry, and an E in the student performance category, the teacher's compos- 6 ite score shall be E; 7 [(11)] k. If a teacher receives a D in the teacher observation catego- 8 ry, and a D in the student performance category, the teacher's composite 9 score shall be D; 10 [(12)] l. If a teacher receives a D in the teacher observation catego- 11 ry, and an I in the student performance category, the teacher's compos- 12 ite score shall be I; 13 [(13)] m. If a teacher receives an I in the teacher observation cate- 14 gory, and an H in the student performance category, the teacher's 15 composite score shall be D; 16 [(14)] n. If a teacher receives an I in the teacher observation cate- 17 gory, and an E in the student performance category, the teacher's 18 composite score shall be D; 19 [(15)] o. If a teacher receives an I in the teacher observation cate- 20 gory, and a D in the student performance category, the teacher's compos- 21 ite score shall be I; 22 [(16)] p. If a teacher receives an I in the teacher observation cate- 23 gory, and an I in the student performance category, the teacher's 24 composite score shall be I. 25 § 4. Subdivision 7 of section 3012-d of the education law, as added by 26 section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is 27 amended to read as follows: 28 7. The commissioner shall ensure that the process by which weights and 29 scoring ranges are assigned to subcomponents and categories is transpar- 30 ent and available to those being rated before the beginning of each 31 school year. Such process must ensure that it is possible for a teacher 32 or principal to obtain any number of points in the applicable scoring 33 ranges, including zero, in each subcomponent. The superintendent, 34 district superintendent or chancellor and the representative of the 35 collective bargaining unit (where one exists) shall certify in the 36 district's plan that the evaluation process shall use the standards for 37 the scoring ranges provided by the commissioner. [Provided, however,38that in any event, the following rules shall apply: a teacher or princi-39pal who is:40a. rated using two subcomponents in the student performance category41and receives a rating of ineffective in such category shall be rated42ineffective overall, except that if the measure used in the second43subcomponent is a second state-provided growth score on a state-adminis-44tered or sponsored test pursuant to clause (A) of subparagraph one of45paragraph a of subdivision four of this section, a teacher or principal46that receives a rating of ineffective in such category shall not be47eligible to receive a rating of effective or highly effective overall;48b. rated using only the state measure subcomponent in the student49performance category and receives a rating of ineffective in such cate-50gory shall not be eligible to receive a rating of effective or highly51effective overall; and52c. rated ineffective in the observations category shall not be eligi-53ble to receive a rating of effective or highly effective overall.] 54 § 5. Subdivision 10 of section 3012-d of the education law, as added 55 by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, 56 is amended to read as follows:S. 1262 5 A. 783 1 10. The local collective bargaining representative shall negotiate 2 with the district: 3 a. whether to use a second measure, and, in the event that a second 4 measure is used, which measure to use, pursuant to subparagraph two of 5 paragraph a of subdivision four of this section [and]; 6 b. how to implement the provisions of paragraph b of subdivision four 7 of this section, and associated regulations as established by the 8 commissioner, in accordance with article fourteen of the civil service 9 law; and 10 c. the selection and use of an assessment in a teacher or principal's 11 evaluation pursuant to subdivision four of this section and paragraphs a 12 and b of subdivision sixteen of this section. 13 § 6. Section 2 of subpart B of part AA of chapter 56 of the laws of 14 2014 amending the education law relating to providing that standardized 15 test scores shall not be included on a student's permanent record, as 16 amended by section 35 of part CCC of chapter 59 of the laws of 2018, is 17 amended to read as follows: 18 § 2. This act shall take effect immediately [and shall expire and be19deemed repealed on December 31, 2019]. 20 § 7. This act shall take effect immediately.