Analysis will follow but upon first look this does not get the testing out of our evaluations, just certain tests.
STATE OF NEW YORK ________________________________________________________________________ 10475 IN ASSEMBLY April 26, 2018 ___________ Introduced by M. of A. NOLAN, HEASTIE, MORELLE, PELLEGRINO, JAFFEE -- 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: 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15596-02-8A. 10475 2 1 ratings shall be used in determining scores and ratings pursuant to this 2 section instead of the grades three through eight English language arts 3 and mathematics state assessments until the entry into a successor 4 collective bargaining agreement. 5 § 2. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section 6 3012-d of the education law, subparagraph 1 as amended by section 3 of 7 subpart C of part B of chapter 20 of the laws of 2015 and subparagraph 2 8 as added by section 2 of subpart E of part EE of chapter 56 of the laws 9 of 2015, are amended to read as follows: 10 (1) For the first subcomponent, [(A) for a teacher whose course ends11in a state-created or administered test for which there is a state-pro-12vided growth model, such teacher shall have a state-provided growth13score based on such model, which shall take into consideration certain14student characteristics, as determined by the commissioner, including15but not limited to students with disabilities, poverty, English language16learner status and prior academic history and which shall identify17educators whose students' growth is well above or well below average18compared to similar students for a teacher's or principal's students19after the certain student characteristics above are taken into account;20and (B) for a teacher whose course does not end in a state-created or21administered test such teacher] a teacher shall have a student learning 22 objective (SLO) consistent with a goal-setting process determined or 23 developed by the commissioner, that results in a student growth score; 24 provided that, for any teacher whose course ends in a state-created or 25 administered assessment [for which there is no state-provided growth26model], such assessment [must] may be used as the underlying assessment 27 for such SLO; 28 (2) For the optional second subcomponent, a district may locally 29 select a second measure in accordance with this subparagraph. Such 30 second measure shall apply in a consistent manner, to the extent practi- 31 cable, across the district and be either: (A) [a second state-provided32growth score] based on a state-created or administered test [under33clause (A) of subparagraph one of this paragraph], or (B) [a growth34score] based on a state-designed supplemental assessment[, calculated35using a state-provided or approved growth model]. The optional second 36 subcomponent shall provide options for multiple assessment measures that 37 are aligned to existing classroom and school best practices and take 38 into consideration the recommendations in the testing reduction report 39 as required by section one of subpart F of [the chapter] part EE of 40 chapter fifty-six of the laws of two thousand fifteen which added this 41 section regarding the reduction of unnecessary additional testing. 42 § 3. Subdivision 5 of section 3012-d of the education law, as added by 43 section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is 44 amended to read as follows: 45 5. Rating determination. The overall rating determination shall be 46 determined [according to a methodology] as follows: 47 a. [The following rules shall apply: a teacher or principal who is (1)48rated using two subcomponents in the student performance category and49receives a rating of ineffective in such category shall be rated inef-50fective overall; provided, however, that if the measure used in the51second subcomponent is a state-provided growth score on a state-created52or administered test pursuant to clause (A) of subparagraph one of para-53graph a of subdivision four of this section, a teacher or principal who54receives a rating of ineffective in such category shall not be eligible55to receive a rating of effective or highly effective overall; (2) rated56using only the state measure subcomponent in the student performanceA. 10475 3 1category and receives a rating of ineffective in such category shall not2be eligible to receive a rating of effective or highly effective over-3all; and (3) rated ineffective in the teacher observations category4shall not be eligible to receive a rating of effective or highly effec-5tive overall.6b. Except as otherwise provided in paragraph a of this subdivision, a7teacher's composite score shall be determined as follows:8(1)] If a teacher receives an H in the teacher observation category, 9 and an H in the student performance category, the teacher's composite 10 score shall be H; 11 [(2)] b. If a teacher receives an H in the teacher observation catego- 12 ry, and an E in the student performance category, the teacher's compos- 13 ite score shall be H; 14 [(3)] c. If a teacher receives an H in the teacher observation catego- 15 ry, and a D in the student performance category, the teacher's composite 16 score shall be E; 17 [(4)] d. If a teacher receives an H in the teacher observation catego- 18 ry, and an I in the student performance category, the teacher's compos- 19 ite score shall be D; 20 [(5)] e. If a teacher receives an E in the teacher observation catego- 21 ry, and an H in the student performance category, the teacher's compos- 22 ite score shall be H; 23 [(6)] f. If a teacher receives an E in the teacher observation catego- 24 ry, and an E in the student performance category, the teacher's compos- 25 ite score shall be E; 26 [(7)] g. If a teacher receives an E in the teacher observation catego- 27 ry, and a D in the student performance category, the teacher's composite 28 score shall be E; 29 [(8)] h. If a teacher receives an E in the teacher observation catego- 30 ry, and an I in the student performance category, the teacher's compos- 31 ite score shall be D; 32 [(9)] i. If a teacher receives a D in the teacher observation catego- 33 ry, and an H in the student performance category, the teacher's compos- 34 ite score shall be E; 35 [(10)] j. If a teacher receives a D in the teacher observation catego- 36 ry, and an E in the student performance category, the teacher's compos- 37 ite score shall be E; 38 [(11)] k. If a teacher receives a D in the teacher observation catego- 39 ry, and a D in the student performance category, the teacher's composite 40 score shall be D; 41 [(12)] l. If a teacher receives a D in the teacher observation catego- 42 ry, and an I in the student performance category, the teacher's compos- 43 ite score shall be I; 44 [(13)] m. If a teacher receives an I in the teacher observation cate- 45 gory, and an H in the student performance category, the teacher's 46 composite score shall be D; 47 [(14)] n. If a teacher receives an I in the teacher observation cate- 48 gory, and an E in the student performance category, the teacher's 49 composite score shall be D; 50 [(15)] o. If a teacher receives an I in the teacher observation cate- 51 gory, and a D in the student performance category, the teacher's compos- 52 ite score shall be I; 53 [(16)] p. If a teacher receives an I in the teacher observation cate- 54 gory, and an I in the student performance category, the teacher's 55 composite score shall be I.A. 10475 4 1 § 4. Subdivision 7 of section 3012-d of the education law, as added by 2 section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is 3 amended to read as follows: 4 7. The commissioner shall ensure that the process by which weights and 5 scoring ranges are assigned to subcomponents and categories is transpar- 6 ent and available to those being rated before the beginning of each 7 school year. Such process must ensure that it is possible for a teacher 8 or principal to obtain any number of points in the applicable scoring 9 ranges, including zero, in each subcomponent. The superintendent, 10 district superintendent or chancellor and the representative of the 11 collective bargaining unit (where one exists) shall certify in the 12 district's plan that the evaluation process shall use the standards for 13 the scoring ranges provided by the commissioner. [Provided, however,14that in any event, the following rules shall apply: a teacher or princi-15pal who is:16a. rated using two subcomponents in the student performance category17and receives a rating of ineffective in such category shall be rated18ineffective overall, except that if the measure used in the second19subcomponent is a second state-provided growth score on a state-adminis-20tered or sponsored test pursuant to clause (A) of subparagraph one of21paragraph a of subdivision four of this section, a teacher or principal22that receives a rating of ineffective in such category shall not be23eligible to receive a rating of effective or highly effective overall;24b. rated using only the state measure subcomponent in the student25performance category and receives a rating of ineffective in such cate-26gory shall not be eligible to receive a rating of effective or highly27effective overall; and28c. rated ineffective in the observations category shall not be eligi-29ble to receive a rating of effective or highly effective overall.] 30 § 5. Subdivision 10 of section 3012-d of the education law, as added 31 by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, 32 is amended to read as follows: 33 10. The local collective bargaining representative shall negotiate 34 with the district: 35 a. whether to use a second measure, and, in the event that a second 36 measure is used, which measure to use, pursuant to subparagraph two of 37 paragraph a of subdivision four of this section [and]; 38 b. how to implement the provisions of paragraph b of subdivision four 39 of this section, and associated regulations as established by the 40 commissioner, in accordance with article fourteen of the civil service 41 law; and 42 c. the selection and use of an assessment in a teacher or principal's 43 evaluation pursuant to subdivision four of this section and paragraphs a 44 and b of subdivision sixteen of this section. 45 § 6. Section 2 of subpart B of part AA of chapter 56 of the laws of 46 2014 amending the education law relating to providing that standardized 47 test scores shall not be included on a student's permanent record, as 48 amended by section 35 of part CCC of chapter 59 of the laws of 2018, is 49 amended to read as follows: 50 § 2. This act shall take effect immediately [and shall expire and be51deemed repealed on December 31, 2019]. 52 § 7. This act shall take effect immediately.
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