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Statutes > New-york > Edn > Title-4 > Article-61 > 3012-c

§ 3012-c. Annual professional performance review of classroom teachers  and  building principals. 1. Notwithstanding any other provision of law,  rule or regulation to the contrary, the annual professional  performance  reviews  of  all  classroom teachers and building principals employed by  school districts or boards of cooperative educational services shall  be  conducted  in  accordance  with  the  provisions  of  this section. Such  performance reviews which are conducted on  or  after  July  first,  two  thousand  eleven,  or  on  or after the date specified in paragraph c of  subdivision two of this section where applicable, shall include measures  of student achievement and be conducted in accordance with this section.  Such annual professional performance  reviews  shall  be  a  significant  factor for employment decisions including but not limited to, promotion,  retention,   tenure   determination,   termination,   and   supplemental  compensation, which decisions are to be made in accordance with  locally  developed  procedures negotiated pursuant to the requirements of article  fourteen of the civil service law. Such performance reviews  shall  also  be  a significant factor in teacher and principal development, including  but not limited  to,  coaching,  induction  support  and  differentiated  professional  development,  which  are  to  be  locally  established  in  accordance with procedures negotiated pursuant to  the  requirements  of  article fourteen of the civil service law.    2.  a.  The annual professional performance reviews conducted pursuant  to this section for classroom teachers  and  building  principals  shall  differentiate  teacher  and  principal effectiveness using the following  quality rating categories: highly effective, effective,  developing  and  ineffective,  with  explicit minimum and maximum scoring ranges for each  category, as prescribed in the regulations  of  the  commissioner.  Such  annual  professional  performance  reviews  shall  result  in  a  single  composite teacher or principal effectiveness score,  which  incorporates  multiple  measures  of effectiveness related to the criteria included in  the regulations of the  commissioner.  Except  for  the  student  growth  measures  prescribed  in  paragraphs e, f and g of this subdivision, the  elements comprising the composite effectiveness score shall  be  locally  developed,  consistent  with the standards prescribed in the regulations  of the commissioner, through negotiations  conducted,  pursuant  to  the  requirements of article fourteen of the civil service law.    b.   Annual  professional  performance  reviews  conducted  by  school  districts on or after July  first,  two  thousand  eleven  of  classroom  teachers   of  common  branch  subjects  or  English  language  arts  or  mathematics in grades four to  eight  and  all  building  principals  of  schools  in which such teachers are employed shall be conducted pursuant  to this subdivision and shall use two thousand ten--two thousand  eleven  school  year student data as the baseline for the initial computation of  the  composite  teacher  or  principal  effectiveness  score  for   such  classroom teachers and principals.    c.   Annual  professional  performance  reviews  conducted  by  school  districts or boards of cooperative educational services on or after July  first, two thousand twelve of all classroom teachers  and  all  building  principals shall be conducted pursuant to this subdivision and shall use  two thousand eleven--two thousand twelve school year student data as the  baseline  for  the  initial  computation  of  the  composite  teacher or  principal  effectiveness  score  for   such   classroom   teachers   and  principals.  For purposes of this section, an administrator in charge of  an instructional program of a board of cooperative educational  services  shall be deemed to be a building principal.    d.  Prior  to  any  evaluation being conducted in accordance with this  section, each individual who is responsible for conducting an evaluationof a teacher or building principal shall receive appropriate training in  accordance with the regulations of the commissioner of education.    e. For annual professional performance reviews conducted in accordance  with  paragraph  b  of  this subdivision in the two thousand eleven--two  thousand twelve school year, forty percent of  the  composite  score  of  effectiveness shall be based on student achievement measures as follows:  (i)  twenty percent of the evaluation shall be based upon student growth  data on state  assessments  as  prescribed  by  the  commissioner  or  a  comparable  measure  of  student  growth  if  such  growth  data  is not  available; and (ii) twenty percent  shall  be  based  on  other  locally  selected  measures  of  student  achievement  that  are determined to be  rigorous  and  comparable  across  classrooms  in  accordance  with  the  regulations of the commissioner and as are developed locally in a manner  consistent  with  procedures  negotiated pursuant to the requirements of  article fourteen of the civil service law.    f. For annual professional performance reviews conducted in accordance  with paragraph c of this subdivision in any school  year  prior  to  the  first  school  year for which the board of regents has approved use of a  value-added  growth  model,  but  not  earlier  than  the  two  thousand  twelve--two   thousand  thirteen  school  year,  forty  percent  of  the  composite score of effectiveness shall be based on  student  achievement  measures as follows: (i) twenty percent of the evaluation shall be based  upon  student  growth  data  on  state  assessments as prescribed by the  commissioner or a comparable measure of student growth  if  such  growth  data  is  not available; and (ii) twenty percent shall be based on other  locally selected measures of student achievement that are determined  to  be  rigorous  and  comparable  across  classrooms in accordance with the  regulations of the commissioner and as are developed locally in a manner  consistent with procedures negotiated pursuant to  the  requirements  of  article fourteen of the civil service law.    g. For annual professional performance reviews conducted in accordance  with  paragraph c of this subdivision in the first school year for which  the board of regents has approved use of a value-added growth model  and  thereafter,  forty percent of the composite score of effectiveness shall  be based on student achievement measures  as  follows:  (i)  twenty-five  percent  of  the  evaluation  shall be based upon student growth data on  state assessments as prescribed by  the  commissioner  or  a  comparable  measure of student growth if such growth data is not available; and (ii)  fifteen  percent  shall  be  based on other locally selected measures of  student achievement that are determined to be  rigorous  and  comparable  across classrooms in accordance with the regulations of the commissioner  and  as  are  locally  developed  in a manner consistent with procedures  negotiated pursuant to the requirements of article fourteen of the civil  service law. The department shall develop the value-added  growth  model  and  shall  consult  with the advisory committee established pursuant to  subdivision seven of this section prior to recommending that  the  board  of regents approve its use in evaluations.    h. The remaining percent of the evaluations, ratings and effectiveness  scores  shall  be  locally  developed,  consistent  with  the  standards  prescribed in the regulations of the commissioner, through  negotiations  conducted pursuant to article fourteen of the civil service law.    i.  For  purposes  of this section, student growth means the change in  student achievement for an individual student between two or more points  in time.    3. Nothing in  this  section  shall  be  construed  to  excuse  school  districts  or  boards of cooperative educational services from complying  with the standards set forth in the regulations of the commissioner  for  conducting annual professional performance reviews of classroom teachersor  principals,  including  but  not  limited to required quality rating  categories, in conducting evaluations prior to July first, two  thousand  eleven,  or, for classroom teachers or principals subject to paragraph c  of  subdivision  two  of this section, prior to July first, two thousand  twelve.    4. Notwithstanding any other law, rule or regulation to the  contrary,  upon  rating  a  teacher  or  a  principal  as developing or ineffective  through an annual professional performance review conducted pursuant  to  subdivision  two  of  this  section,  the  school  district  or board of  cooperative  educational   services   shall   formulate   and   commence  implementation  of  a  teacher  or  principal  improvement plan for such  teacher or principal as soon as practicable but in no  case  later  than  ten  days  after the date on which teachers are required to report prior  to the opening of classes for the school  year.  Such  improvement  plan  shall  be  consistent  with  the  regulations  of  the  commissioner and  developed locally through negotiations  conducted  pursuant  to  article  fourteen  of the civil service law. Such improvement plan shall include,  but  need  not  be  limited  to,  identification  of  needed  areas   of  improvement,  a  timeline for achieving improvement, the manner in which  improvement will be assessed,  and,  where  appropriate,  differentiated  activities  to  support  a teacher's or principal's improvement in those  areas.    5. An appeals procedure shall be locally established  in  each  school  district  and in each board of cooperative educational services by which  the evaluated teacher or principal may only challenge the  substance  of  the  annual  professional  performance  review, the school district's or  board of cooperative educational services' adherence  to  the  standards  and  methodologies  required for such reviews, pursuant to this section,  the adherence to the regulations of the commissioner and compliance with  any applicable locally negotiated procedures,  as  well  as  the  school  district's or board of cooperative educational services' issuance and/or  implementation  of  the  terms  of  the teacher or principal improvement  plan, as required under  this  section.  The  specifics  of  the  appeal  procedure  shall  be  locally established through negotiations conducted  pursuant to article fourteen of the civil  service  law.  An  evaluation  which  is  the subject of an appeal shall not be sought to be offered in  evidence or placed in evidence in any proceeding conducted  pursuant  to  either  section  three  thousand twenty-a of this article or any locally  negotiated alternate disciplinary procedure, until the appeal process is  concluded.    6. For purposes of disciplinary proceedings pursuant to sections three  thousand twenty and three thousand twenty-a of this article,  a  pattern  of  ineffective  teaching  or  performance  shall be defined to mean two  consecutive annual ineffective ratings received by a  classroom  teacher  or  building  principal  pursuant  to  annual  professional  performance  reviews conducted in accordance with the provisions of this section.    7. The regulations adopted pursuant to this section shall be developed  in consultation with an advisory committee consisting of representatives  of teachers, principals,  superintendents  of  schools,  school  boards,  school  district and board of cooperative educational services officials  and other interested parties.  The  regulations  shall  also  take  into  account  any  (i)  professional  teaching  standards; (ii) standards for  professional contexts; and (iii) standards for  a  continuum  of  system  support  for  teachers and principals developed in consultation with the  advisory committee. Regulations promulgated  pursuant  to  this  section  shall  be  effective  no later than July first, two thousand eleven, for  implementation in the two thousand eleven--two  thousand  twelve  school  year.8.  Notwithstanding  any other provision of law, rule or regulation to  the  contrary,  all  collective  bargaining  agreements  applicable   to  classroom teachers or building principals entered into after July first,  two  thousand ten shall be consistent with requirements of this section.  Nothing  in  this section shall be construed to abrogate any conflicting  provisions of any collective bargaining  agreement  in  effect  on  July  first,  two thousand ten 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.  Furthermore, nothing in this  section  or  in  any  rule  or  regulation  promulgated  hereunder  shall  in any way, alter, impair or diminish the  rights of a local  collective  bargaining  representative  to  negotiate  evaluation  procedures  in accordance with article fourteen of the civil  service law with the school district or board of cooperative educational  services.