N.Y. Education Law § 3012-d: Annual teacher and principal evaluations

§ 3012-d. Annual teacher and principal evaluations. 1. General

provisions. Notwithstanding any other provision of law, rule or

regulation to the contrary, the annual teacher and principal evaluations

(hereinafter, evaluations) implemented by districts shall be conducted

in accordance with the provisions of this section. Such annual

evaluations shall be a significant factor for employment decisions

including but not limited to, promotion, retention, tenure

determination, termination, and supplemental compensation. Such

evaluations shall also be a significant factor in teacher and principal

development including but not limited to coaching, induction support,

and differentiated professional development. Provided, however, that for

the two thousand twenty-four--two thousand twenty-five school year and

thereafter, school districts and boards of cooperative educational

services may conduct annual professional performance reviews pursuant to

section three thousand twelve-e of this article. In such case, the

provisions of this section shall not be applicable. Provided, however,

annual teacher and principal evaluation plans adopted pursuant to this

section shall not be applicable after the two thousand thirty-one--two

thousand thirty-two school year.

2. Definitions.

a. "District" shall mean school district and/or board of cooperative

educational services, except that for purposes of subdivision eleven of

this section it shall only mean a school district;

b. "Principal" shall mean a building principal or an administrator in

charge of an instructional program of a board of cooperative educational

services;

c. "Student growth" shall mean the change in student achievement for

an individual student between two or more points in time.

d. "State-designed supplemental assessment" shall mean a selection of

state tests or assessments developed or designed by the state education

department, or that the state education department purchased or acquired

from (i) another state; (ii) an institution of higher education; or

(iii) a commercial or not-for-profit entity, provided that such entity

must be objective and may not have a conflict of interest or appearance

of a conflict of interest; such definition may include tests or

assessments that have been previously designed or acquired by local

districts, but only if the state education department significantly

modifies growth targets or scoring bands for such tests or assessments

or otherwise adapts the test or assessment to the state education

department's requirements.

3. Ratings. The annual evaluations conducted pursuant to this section

shall rate teacher and principal effectiveness using the following

categories: highly effective or "H", effective or "E", developing or "D"

and ineffective or "I".

4. Categories. The annual evaluation system shall consist of multiple

measures in two categories: student performance and teacher

observations.

a. Student performance category. Such category shall have at least one

subcomponent and an optional second subcomponent as follows:

(1) For the first subcomponent, a teacher shall have a student

learning objective (SLO) consistent with a goal-setting process

determined or developed by the commissioner, that results in a student

growth score; provided that, for any teacher whose course ends in a

state-created or administered assessment, such assessment may be used as

the underlying assessment for such SLO;

(2) For the optional second subcomponent, a district may locally

select a second measure in accordance with this subparagraph. Such

second measure shall apply in a consistent manner, to the extent

practicable, across the district and be either: (A) based on a

state-created or administered test, or (B) based on a state-designed

supplemental assessment. The optional second subcomponent shall provide

options for multiple assessment measures that are aligned to existing

classroom and school best practices and take into consideration the

recommendations in the testing reduction report as required by section

one of subpart F of part EE of chapter fifty-six of the laws of two

thousand fifteen which added this section regarding the reduction of

unnecessary additional testing.

The commissioner shall determine the weights and scoring ranges for

the subcomponent or subcomponents of the student performance category

that shall result in a combined category rating. The commissioner shall

also set parameters for appropriate targets for student growth for both

subcomponents, and the department must affirmatively approve and shall

have the authority to disapprove or require modifications of district

plans that do not set appropriate growth targets, including after

initial approval. The commissioner shall set such weights and parameters

consistent with the terms contained herein.

b. Teacher observations category. The observations category for

teachers shall be based on a state-approved rubric and shall include up

to three subcomponents. Such category must include: (1) a subcomponent

based on classroom observations conducted by a principal or other

trained administrator and must also include (2) a subcomponent based on

classroom observations by an impartial independent trained evaluator or

evaluators selected by the district. An independent trained evaluator

may be employed within the school district, but not the same school

building, as the teacher being evaluated. Such category may also include

a subcomponent based on classroom observations conducted by a trained

peer teacher rated effective or highly effective from the same school or

from another school in the district.

The commissioner shall determine the weights, and/or weighting options

and scoring ranges for the subcomponents of the observations category

that result in a combined category rating. The commissioner shall also

determine the minimum number of observations to be conducted annually,

including frequency and duration, and any parameters therefor. The

commissioner shall set such weights and scores consistent with the terms

contained herein.

5. Rating determination. The overall rating determination shall be

determined as follows:

a. If a teacher receives an H in the teacher observation category, and

an H in the student performance category, the teacher's composite score

shall be H;

b. If a teacher receives an H in the teacher observation category, and

an E in the student performance category, the teacher's composite score

shall be H;

c. If a teacher receives an H in the teacher observation category, and

a D in the student performance category, the teacher's composite score

shall be E;

d. If a teacher receives an H in the teacher observation category, and

an I in the student performance category, the teacher's composite score

shall be D;

e. If a teacher receives an E in the teacher observation category, and

an H in the student performance category, the teacher's composite score

shall be H;

f. If a teacher receives an E in the teacher observation category, and

an E in the student performance category, the teacher's composite score

shall be E;

g. If a teacher receives an E in the teacher observation category, and

a D in the student performance category, the teacher's composite score

shall be E;

h. If a teacher receives an E in the teacher observation category, and

an I in the student performance category, the teacher's composite score

shall be D;

i. If a teacher receives a D in the teacher observation category, and

an H in the student performance category, the teacher's composite score

shall be E;

j. If a teacher receives a D in the teacher observation category, and

an E in the student performance category, the teacher's composite score

shall be E;

k. If a teacher receives a D in the teacher observation category, and

a D in the student performance category, the teacher's composite score

shall be D;

l. If a teacher receives a D in the teacher observation category, and

an I in the student performance category, the teacher's composite score

shall be I;

m. If a teacher receives an I in the teacher observation category, and

an H in the student performance category, the teacher's composite score

shall be D;

n. If a teacher receives an I in the teacher observation category, and

an E in the student performance category, the teacher's composite score

shall be D;

o. If a teacher receives an I in the teacher observation category, and

a D in the student performance category, the teacher's composite score

shall be I;

p. If a teacher receives an I in the teacher observation category, and

an I in the student performance category, the teacher's composite score

shall be I.

6. Prohibited elements. The following elements shall no longer be

eligible to be used in any evaluation subcomponent pursuant to this

section:

a. evidence of student development and performance derived from lesson

plans, other artifacts of teacher practice, and student portfolios,

except for student portfolios measured by a state-approved rubric where

permitted by the department;

b. use of an instrument for parent or student feedback;

c. use of professional goal-setting as evidence of teacher or

principal effectiveness;

d. any district or regionally-developed assessment that has not been

approved by the department; and

e. any growth or achievement target that does not meet the minimum

standards as set forth in regulations of the commissioner adopted

hereunder.

7. The commissioner shall ensure that the process by which weights and

scoring ranges are assigned to subcomponents and categories is

transparent and available to those being rated before the beginning of

each school year. Such process must ensure that it is possible for a

teacher or principal to obtain any number of points in the applicable

scoring ranges, including zero, in each subcomponent. The

superintendent, district superintendent or chancellor and the

representative of the collective bargaining unit (where one exists)

shall certify in the district's plan that the evaluation process shall

use the standards for the scoring ranges provided by the commissioner.

8. A student may not be instructed, for two consecutive school years,

by any two teachers in the same district, each of whom received a rating

of ineffective under an evaluation conducted pursuant to this section in

the school year immediately prior to the school year in which the

student is placed in the teacher's classroom; provided, that if a

district deems it impracticable to comply with this subdivision, the

district shall seek a waiver from the department from such requirement.

9. Nothing in this section shall be construed to affect the unfettered

statutory right of a district to terminate a probationary (non-tenured)

teacher or principal for any statutorily and constitutionally

permissible reasons.

10. The local collective bargaining representative shall negotiate

with the district:

a. whether to use a second measure, and, in the event that a second

measure is used, which measure to use, pursuant to subparagraph two of

paragraph a of subdivision four of this section;

b. how to implement the provisions of paragraph b of subdivision four

of this section, and associated regulations as established by the

commissioner, in accordance with article fourteen of the civil service

law; and

c. the selection and use of an assessment in a teacher or principal's

evaluation pursuant to subdivision four of this section and paragraphs a

and b of subdivision sixteen of this section.

11. Each school district or board of cooperative educational services,

as applicable, shall certify by September first of each year that their

school district or board of cooperative educational services has a

teacher and principal evaluation plan that is in compliance with the

requirements of this section or a performance review plan that is in

compliance with the requirements of section three thousand twelve-e of

this article, as applicable, and that the district or board of

cooperative educational services conducted evaluations in accordance

with their most recently approved plan during the preceding school year.

Provided, however, that a school district or board of cooperative

educational services may only have an approved teacher and principal

evaluation plan pursuant to this section until June thirtieth, two

thousand thirty-two.

12. Notwithstanding any other provision of law, rule or regulation to

the contrary, all collective bargaining agreements entered into after

April first, two thousand fifteen shall be consistent with the

requirements of this section, unless the agreement relates to the two

thousand fourteen--two thousand fifteen school year only. Nothing in

this section shall be construed to abrogate any conflicting provisions

of any collective bargaining agreement in effect on April first, two

thousand fifteen during the term of such agreement and until the entry

into a successor collective bargaining agreement, provided that

notwithstanding any other provision of law to the contrary, upon

expiration of such term and the entry into a successor collective

bargaining agreement the provisions of this section shall apply.

13. Any reference in law to "annual professional performance review"

shall be deemed to refer to an annual professional performance review

pursuant to section three thousand twelve-c of this article or annual

teacher and principal evaluations pursuant to this section and any

references to section three thousand twelve-c of this article shall be

deemed to refer to section three thousand twelve-c of this article

and/or this section, as applicable.

14. The commissioner shall adopt regulations to align the principal

evaluation system as set forth in section three thousand twelve-c of

this article with the new teacher evaluation system set forth herein.

15. The provisions of paragraphs d, k, k-1, k-2 and l of subdivision

two and subdivisions four, five, five-a, nine, and ten of section three

thousand twelve-c of this article, as amended, shall apply to this

section to the extent determined by the commissioner.

16. a. Notwithstanding any other provision of law, rule or regulation

to the contrary, the grades three through eight English language arts

and mathematics state assessments and all other state-created or

administered tests shall not be required to be utilized in any manner to

determine a teacher or principal evaluation required by this section.

b. The commissioner shall promulgate rules and regulations providing

alternative assessments that may be used in grades three through eight

instead of all other state-created or administered tests, which shall

include all of the assessments that have been approved by the

commissioner for use in determining transition scores and ratings.

c. The selection and use of an assessment in a teacher or principal's

evaluation pursuant to paragraphs a and b of this subdivision and

subdivision four of this section shall be subject to collective

bargaining pursuant to article fourteen of the civil service law.

d. Notwithstanding any provision of subdivision twelve of this section

to the contrary, nothing in this section shall be construed to abrogate

any conflicting provisions of any collective bargaining agreement in

effect on the date this subdivision takes effect and until the entry

into a successor collective bargaining agreement, provided that

notwithstanding any other provision of law to the contrary, upon

expiration of such term and the entry into a successor collective

bargaining agreement the provisions of this subdivision shall apply;

and, provided further, however, that any assessments used in determining

transition scores and ratings shall be used in determining scores and

ratings pursuant to this section instead of the grades three through

eight English language arts and mathematics state assessments until the

entry into a successor collective bargaining agreement.

17. Notwithstanding any other provision of this section, for the two

thousand twenty--two thousand twenty-one and the two thousand

twenty-one--two thousand twenty-two school years, no school district or

board of cooperative educational services shall be required to complete

an annual teacher and principal evaluation required by this section for

any classroom teacher or building principal.