N.Y. Education Law § 3012-e: Teacher and principal performance review plans

§ 3012-e. Teacher and principal performance review plans. 1.

Notwithstanding any other provision of law, rule, or regulation to the

contrary, for the annual professional performance reviews related to the

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

thereafter, a school district or board of cooperative educational

services shall conduct performance reviews of classroom teachers and

building principals in accordance with the provisions of this section or

section three thousand twelve-d of this article, as applicable. Provided

that all school districts and boards of cooperative educational services

shall adopt a performance review plan pursuant to this section no later

than June thirtieth, two thousand thirty-two and such plan shall be used

to complete performance reviews of classroom teachers and building

principals no later than the two thousand thirty-two--two thousand

thirty-three school year. Performance review plans developed pursuant to

this section shall be the result of reaching a collectively bargained

agreement negotiated pursuant to article fourteen of the civil service

law where a recognized employee organization exists.

2. Nothing herein shall require modification of an existing teacher

and principal evaluation plan approved by the commissioner pursuant to

section three thousand twelve-d of this article and all teacher and

principal evaluation plans approved by the commissioner pursuant to the

provisions of section three thousand twelve-d of this article shall not

be affected by the provisions of this section on or before June

thirtieth, two thousand thirty-two; provided, however, that when a

school district or board of cooperative educational services adopts a

performance review plan pursuant to this section, the school district or

board of cooperative educational services shall notify the department

and submit the new plan to the department for review on a form and in a

manner prescribed by the commissioner. Provided further that, prior to

June thirtieth, two thousand thirty-two, a teacher and principal

evaluation plan may still be adopted or modified pursuant to section

three thousand twelve-d of this article consistent with the provisions

of such section.

3. The performance reviews conducted pursuant to this section shall be

a significant factor in teacher and principal development, including but

not limited to coaching, induction support, and differentiated

professional development for all teachers and principals.

4. (a) A school board or board of cooperative educational services

shall make its most recently adopted and reviewed plan pursuant to this

section available on the school district or board of cooperative

educational services' website.

(b) On an annual basis, each school district and board of cooperative

educational services shall submit to the commissioner the ratings for

each classroom teacher and building principal on each applicable

teaching or leadership standard, as well as the overall rating for each

teacher and principal, where available, on a form and in a manner

prescribed by the commissioner. Such data shall be collected and used to

the extent necessary to comply with any applicable state and federal

statutory requirements.

(c) The commissioner and each school district and board of cooperative

educational services shall ensure that any release to the public of data

collected pursuant to this section, or any other data that is used as a

component of performance reviews, does not include personally

identifying information for any classroom teacher or building principal;

provided, however, that each school district or board of cooperative

educational services shall fully disclose and release to the parents or

legal guardians of a student the most recent performance review rating

received for each of the teachers and for the principal of the school

building to which the student is assigned for the current school year

consistent with paragraph b of subdivision ten of section three thousand

twelve-c of this article.

(d) Performance reviews of individual classroom teachers and building

principals shall not be subject to disclosure pursuant to article six of

the public officers law.

5. (a) Performance review plans developed pursuant to this section

shall:

(i) include the criteria by which all classroom teachers and building

principals shall be reviewed and a description of the review procedures;

(ii) address each state teaching and educational leadership standard,

as developed or adopted by the commissioner;

(iii) consist of multiple measures; provided, however, that one

measure shall be classroom observations of classroom teachers and school

visits of building principals. The plan shall describe the number and

frequency of observations; provided that nothing herein shall be

construed to require that all classroom teachers or building principals

have the same number or frequency of observations.

(iv) provide the classroom teacher or building principal with timely,

actionable feedback on their practice based on the information collected

as part of the performance review;

(v) assign ratings on each applicable teaching or educational

leadership standard and an overall rating of Level 4, Level 3, Level 2,

or Level 1 consistent with the following requirements:

(1) Level 1 shall indicate performance significantly below a school

district's or board of cooperative educational services' expectations

aligned to teaching or educational leadership standards;

(2) Level 2 shall indicate performance that partially meets a school

district's or board of cooperative educational services' expectations

aligned to teaching or educational leadership standards;

(3) Level 3 shall indicate performance that meets a school district's

or board of cooperative educational services' expectations aligned to

teaching or educational leadership standards; and

(4) Level 4 shall indicate performance that exceeds a school

district's or board of cooperative educational services' expectations

aligned to teaching or educational leadership standards;

(vi) ensure that it is possible for a classroom teacher or building

principal to obtain each rating on each teaching or educational

leadership standard and as an overall rating. The process by which

ratings are assigned shall be transparent and available to those being

rated prior to the start of the school year, to the extent practicable;

and

(vii) include a process for each classroom teacher and building

principal to receive formal support for professional growth each year,

provided that teachers and principals who receive an overall rating of

Level 1 or 2 shall have a personalized professional development plan,

developed by the school district or board of cooperative educational

services, consistent with a locally determined growth goal setting

process.

(b) One measure may be used to address more than one teaching or

educational leadership standard provided that the performance review

includes multiple measures.

(c) Performance reviews conducted pursuant to this section may assess

a subset of the teaching and educational leadership standards in a given

year; provided, however, that probationary classroom teachers and

building principals shall be rated on each teaching or educational

leadership standard annually.

(d) Nothing in this section shall be construed to require all

classroom teachers or building principals to be evaluated based on the

same measures or to receive an overall rating annually; provided,

however, that at a minimum, probationary teachers and principals shall

receive a rating on each teaching or educational leadership standard and

an overall rating annually, while other teachers and principals may have

a differentiated performance review process that does not culminate in

an overall rating annually. Provided, further, that nothing herein shall

be construed to prohibit or prevent any other teachers and principals

from receiving an overall rating annually.

6. The school district or board of cooperative educational services,

as applicable, shall ensure that all classroom teachers and building

principals as well as any individual who conducts all or part of a

performance review receive appropriate training consistent with the

regulations of the commissioner and shall ensure that each teacher and

principal who is reviewed in accordance with this section has the

opportunity to provide written comment on their performance review in

addition to any collectively bargained teacher and principal performance

review grievance or appeal procedures.

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

statutory right of a school district or board of cooperative educational

services, as applicable, to terminate a probationary classroom teacher

or principal for any statutorily and constitutionally permissible

reasons.

8. Performance review plans developed pursuant to this section shall

be submitted to the commissioner on a form and in a manner prescribed by

the commissioner. The commissioner shall review such plan to determine

compliance with the requirements of this section. If the commissioner

determines that the submitted plan is not in compliance with this

section, the plan shall be returned to the school district or board of

cooperative educational services for revision. Such revisions shall be

resolved through collective bargaining, to the extent required under

article fourteen of the civil service law. The plan most recently

accepted by the commissioner pursuant to this section shall remain in

effect until a subsequent plan is agreed to by the parties and reviewed

by the commissioner to determine compliance with the requirements of

this section. Each school district and board of cooperative educational

services shall certify annually to the commissioner that they have fully

implemented the plan most recently accepted by the commissioner.