§ 3012-D — Annual teacher and principal evaluations

§ 3012-d. Annual teacher and principal evaluations. 1. General\nprovisions. Notwithstanding any other provision of law, rule or\nregulation to the contrary, the annual teacher and principal evaluations\n(hereinafter, evaluations) implemented by districts shall be conducted\nin accordance with the provisions of this section. Such annual\nevaluations shall be a significant factor for employment decisions\nincluding but not limited to, promotion, retention, tenure\ndetermination, termination, and supplemental compensation. Such\nevaluations shall also be a significant factor in teacher and principal\ndevelopment including but not limited to coaching, induction support,\nand differentiated professional development. Provided, however, that for\nthe two thousand twenty-four--two thousand twenty-five school year and\nthereafter, school districts and boards of cooperative educational\nservices may conduct annual professional performance reviews pursuant to\nsection three thousand twelve-e of this article. In such case, the\nprovisions of this section shall not be applicable. Provided, however,\nannual teacher and principal evaluation plans adopted pursuant to this\nsection shall not be applicable after the two thousand thirty-one--two\nthousand thirty-two school year.\n 2. Definitions.\n a. "District" shall mean school district and/or board of cooperative\neducational services, except that for purposes of subdivision eleven of\nthis section it shall only mean a school district;\n b. "Principal" shall mean a building principal or an administrator in\ncharge of an instructional program of a board of cooperative educational\nservices;\n c. "Student growth" shall mean the change in student achievement for\nan individual student between two or more points in time.\n d. "State-designed supplemental assessment" shall mean a selection of\nstate tests or assessments developed or designed by the state education\ndepartment, or that the state education department purchased or acquired\nfrom (i) another state; (ii) an institution of higher education; or\n(iii) a commercial or not-for-profit entity, provided that such entity\nmust be objective and may not have a conflict of interest or appearance\nof a conflict of interest; such definition may include tests or\nassessments that have been previously designed or acquired by local\ndistricts, but only if the state education department significantly\nmodifies growth targets or scoring bands for such tests or assessments\nor otherwise adapts the test or assessment to the state education\ndepartment's requirements.\n 3. Ratings. The annual evaluations conducted pursuant to this section\nshall rate teacher and principal effectiveness using the following\ncategories: highly effective or "H", effective or "E", developing or "D"\nand ineffective or "I".\n 4. Categories. The annual evaluation system shall consist of multiple\nmeasures in two categories: student performance and teacher\nobservations.\n a. Student performance category. Such category shall have at least one\nsubcomponent and an optional second subcomponent as follows:\n (1) For the first subcomponent, a teacher shall have a student\nlearning objective (SLO) consistent with a goal-setting process\ndetermined or developed by the commissioner, that results in a student\ngrowth score; provided that, for any teacher whose course ends in a\nstate-created or administered assessment, such assessment may be used as\nthe underlying assessment for such SLO;\n (2) For the optional second subcomponent, a district may locally\nselect a second measure in accordance with this subparagraph. Such\nsecond measure shall apply in a consistent manner, to the extent\npracticable, across the district and be either: (A) based on a\nstate-created or administered test, or (B) based on a state-designed\nsupplemental assessment. The optional second subcomponent shall provide\noptions for multiple assessment measures that are aligned to existing\nclassroom and school best practices and take into consideration the\nrecommendations in the testing reduction report as required by section\none of subpart F of part EE of chapter fifty-six of the laws of two\nthousand fifteen which added this section regarding the reduction of\nunnecessary additional testing.\n The commissioner shall determine the weights and scoring ranges for\nthe subcomponent or subcomponents of the student performance category\nthat shall result in a combined category rating. The commissioner shall\nalso set parameters for appropriate targets for student growth for both\nsubcomponents, and the department must affirmatively approve and shall\nhave the authority to disapprove or require modifications of district\nplans that do not set appropriate growth targets, including after\ninitial approval. The commissioner shall set such weights and parameters\nconsistent with the terms contained herein.\n b. Teacher observations category. The observations category for\nteachers shall be based on a state-approved rubric and shall include up\nto three subcomponents. Such category must include: (1) a subcomponent\nbased on classroom observations conducted by a principal or other\ntrained administrator and must also include (2) a subcomponent based on\nclassroom observations by an impartial independent trained evaluator or\nevaluators selected by the district. An independent trained evaluator\nmay be employed within the school district, but not the same school\nbuilding, as the teacher being evaluated. Such category may also include\na subcomponent based on classroom observations conducted by a trained\npeer teacher rated effective or highly effective from the same school or\nfrom another school in the district.\n The commissioner shall determine the weights, and/or weighting options\nand scoring ranges for the subcomponents of the observations category\nthat result in a combined category rating. The commissioner shall also\ndetermine the minimum number of observations to be conducted annually,\nincluding frequency and duration, and any parameters therefor. The\ncommissioner shall set such weights and scores consistent with the terms\ncontained herein.\n 5. Rating determination. The overall rating determination shall be\ndetermined as follows:\n a. If a teacher receives an H in the teacher observation category, and\nan H in the student performance category, the teacher's composite score\nshall be H;\n b. If a teacher receives an H in the teacher observation category, and\nan E in the student performance category, the teacher's composite score\nshall be H;\n c. If a teacher receives an H in the teacher observation category, and\na D in the student performance category, the teacher's composite score\nshall be E;\n d. If a teacher receives an H in the teacher observation category, and\nan I in the student performance category, the teacher's composite score\nshall be D;\n e. If a teacher receives an E in the teacher observation category, and\nan H in the student performance category, the teacher's composite score\nshall be H;\n f. If a teacher receives an E in the teacher observation category, and\nan E in the student performance category, the teacher's composite score\nshall be E;\n g. If a teacher receives an E in the teacher observation category, and\na D in the student performance category, the teacher's composite score\nshall be E;\n h. If a teacher receives an E in the teacher observation category, and\nan I in the student performance category, the teacher's composite score\nshall be D;\n i. If a teacher receives a D in the teacher observation category, and\nan H in the student performance category, the teacher's composite score\nshall be E;\n j. If a teacher receives a D in the teacher observation category, and\nan E in the student performance category, the teacher's composite score\nshall be E;\n k. If a teacher receives a D in the teacher observation category, and\na D in the student performance category, the teacher's composite score\nshall be D;\n l. If a teacher receives a D in the teacher observation category, and\nan I in the student performance category, the teacher's composite score\nshall be I;\n m. If a teacher receives an I in the teacher observation category, and\nan H in the student performance category, the teacher's composite score\nshall be D;\n n. If a teacher receives an I in the teacher observation category, and\nan E in the student performance category, the teacher's composite score\nshall be D;\n o. If a teacher receives an I in the teacher observation category, and\na D in the student performance category, the teacher's composite score\nshall be I;\n p. If a teacher receives an I in the teacher observation category, and\nan I in the student performance category, the teacher's composite score\nshall be I.\n 6. Prohibited elements. The following elements shall no longer be\neligible to be used in any evaluation subcomponent pursuant to this\nsection:\n a. evidence of student development and performance derived from lesson\nplans, other artifacts of teacher practice, and student portfolios,\nexcept for student portfolios measured by a state-approved rubric where\npermitted by the department;\n b. use of an instrument for parent or student feedback;\n c. use of professional goal-setting as evidence of teacher or\nprincipal effectiveness;\n d. any district or regionally-developed assessment that has not been\napproved by the department; and\n e. any growth or achievement target that does not meet the minimum\nstandards as set forth in regulations of the commissioner adopted\nhereunder.\n 7. The commissioner shall ensure that the process by which weights and\nscoring ranges are assigned to subcomponents and categories is\ntransparent and available to those being rated before the beginning of\neach school year. Such process must ensure that it is possible for a\nteacher or principal to obtain any number of points in the applicable\nscoring ranges, including zero, in each subcomponent. The\nsuperintendent, district superintendent or chancellor and the\nrepresentative of the collective bargaining unit (where one exists)\nshall certify in the district's plan that the evaluation process shall\nuse the standards for the scoring ranges provided by the commissioner.\n 8. A student may not be instructed, for two consecutive school years,\nby any two teachers in the same district, each of whom received a rating\nof ineffective under an evaluation conducted pursuant to this section in\nthe school year immediately prior to the school year in which the\nstudent is placed in the teacher's classroom; provided, that if a\ndistrict deems it impracticable to comply with this subdivision, the\ndistrict shall seek a waiver from the department from such requirement.\n 9. Nothing in this section shall be construed to affect the unfettered\nstatutory right of a district to terminate a probationary (non-tenured)\nteacher or principal for any statutorily and constitutionally\npermissible reasons.\n 10. The local collective bargaining representative shall negotiate\nwith the district:\n a. whether to use a second measure, and, in the event that a second\nmeasure is used, which measure to use, pursuant to subparagraph two of\nparagraph a of subdivision four of this section;\n b. how to implement the provisions of paragraph b of subdivision four\nof this section, and associated regulations as established by the\ncommissioner, in accordance with article fourteen of the civil service\nlaw; and\n c. the selection and use of an assessment in a teacher or principal's\nevaluation pursuant to subdivision four of this section and paragraphs a\nand b of subdivision sixteen of this section.\n 11. Each school district or board of cooperative educational services,\nas applicable, shall certify by September first of each year that their\nschool district or board of cooperative educational services has a\nteacher and principal evaluation plan that is in compliance with the\nrequirements of this section or a performance review plan that is in\ncompliance with the requirements of section three thousand twelve-e of\nthis article, as applicable, and that the district or board of\ncooperative educational services conducted evaluations in accordance\nwith their most recently approved plan during the preceding school year.\nProvided, however, that a school district or board of cooperative\neducational services may only have an approved teacher and principal\nevaluation plan pursuant to this section until June thirtieth, two\nthousand thirty-two.\n 12. Notwithstanding any other provision of law, rule or regulation to\nthe contrary, all collective bargaining agreements entered into after\nApril first, two thousand fifteen shall be consistent with the\nrequirements of this section, unless the agreement relates to the two\nthousand fourteen--two thousand fifteen school year only. Nothing in\nthis section shall be construed to abrogate any conflicting provisions\nof any collective bargaining agreement in effect on April first, two\nthousand fifteen during the term of such agreement and until the entry\ninto a successor collective bargaining agreement, provided that\nnotwithstanding any other provision of law to the contrary, upon\nexpiration of such term and the entry into a successor collective\nbargaining agreement the provisions of this section shall apply.\n 13. Any reference in law to "annual professional performance review"\nshall be deemed to refer to an annual professional performance review\npursuant to section three thousand twelve-c of this article or annual\nteacher and principal evaluations pursuant to this section and any\nreferences to section three thousand twelve-c of this article shall be\ndeemed to refer to section three thousand twelve-c of this article\nand/or this section, as applicable.\n 14. The commissioner shall adopt regulations to align the principal\nevaluation system as set forth in section three thousand twelve-c of\nthis article with the new teacher evaluation system set forth herein.\n 15. The provisions of paragraphs d, k, k-1, k-2 and l of subdivision\ntwo and subdivisions four, five, five-a, nine, and ten of section three\nthousand twelve-c of this article, as amended, shall apply to this\nsection to the extent determined by the commissioner.\n 16. a. Notwithstanding any other provision of law, rule or regulation\nto the contrary, the grades three through eight English language arts\nand mathematics state assessments and all other state-created or\nadministered tests shall not be required to be utilized in any manner to\ndetermine a teacher or principal evaluation required by this section.\n b. The commissioner shall promulgate rules and regulations providing\nalternative assessments that may be used in grades three through eight\ninstead of all other state-created or administered tests, which shall\ninclude all of the assessments that have been approved by the\ncommissioner for use in determining transition scores and ratings.\n c. The selection and use of an assessment in a teacher or principal's\nevaluation pursuant to paragraphs a and b of this subdivision and\nsubdivision four of this section shall be subject to collective\nbargaining pursuant to article fourteen of the civil service law.\n d. Notwithstanding any provision of subdivision twelve of this section\nto the contrary, nothing in this section shall be construed to abrogate\nany conflicting provisions of any collective bargaining agreement in\neffect on the date this subdivision takes effect and until the entry\ninto a successor collective bargaining agreement, provided that\nnotwithstanding any other provision of law to the contrary, upon\nexpiration of such term and the entry into a successor collective\nbargaining agreement the provisions of this subdivision shall apply;\nand, provided further, however, that any assessments used in determining\ntransition scores and ratings shall be used in determining scores and\nratings pursuant to this section instead of the grades three through\neight English language arts and mathematics state assessments until the\nentry into a successor collective bargaining agreement.\n 17. Notwithstanding any other provision of this section, for the two\nthousand twenty--two thousand twenty-one and the two thousand\ntwenty-one--two thousand twenty-two school years, no school district or\nboard of cooperative educational services shall be required to complete\nan annual teacher and principal evaluation required by this section for\nany classroom teacher or building principal.\n