STATE OF NEW YORK ________________________________________________________________________ S. 1262 A. 783 2019-2020 Regular Sessions SENATE - ASSEMBLY January 11, 2019 ___________ IN SENATE -- Introduced by Sens. MAYER, LIU, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, MARTINEZ, MAY, METZGER, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Educa- tion IN ASSEMBLY -- Introduced by M. of A. BENEDETTO, HEASTIE, NOLAN, PEOPLES-STOKES, JAFFEE, WEINSTEIN, ABBATE, ABINANTI, ARROYO, AUBRY, BARNWELL, BARRETT, BARRON, BICHOTTE, BLAKE, BRAUNSTEIN, BRONSON, BURKE, CAHILL, CARROLL, COLTON, COOK, CRUZ, CUSICK, CYMBROWITZ, D'URSO, DE LA ROSA, DenDEKKER, DICKENS, DILAN, DINOWITZ, ENGLEBRIGHT, EPSTEIN, FAHY, FALL, FERNANDEZ, FRONTUS, GALEF, GLICK, GOTTFRIED, GRIFFIN, GUNTHER, HEVESI, HUNTER, HYNDMAN, JACOBSON, JEAN-PIERRE, JONES, JOYNER, KIM, LAVINE, LENTOL, LIFTON, LUPARDO, MAGNARELLI, McDO- NALD, McMAHON, M. G. MILLER, MOSLEY, NIOU, O'DONNELL, ORTIZ, OTIS, PERRY, PHEFFER AMATO, PICHARDO, PRETLOW, RAMOS, REYES, RICHARDSON, RIVERA, ROMEO, D. ROSENTHAL, L. ROSENTHAL, RYAN, SANTABARBARA, SAYEGH, SCHIMMINGER, SEAWRIGHT, SIMON, SIMOTAS, SOLAGES, STECK, STERN, STIRPE, TAYLOR, THIELE, TITUS, WALKER, WALLACE, WEPRIN, WOERNER, ZEBROWSKI, DiPIETRO, NORRIS, MORINELLO -- Multi-Sponsored by -- M. of A. PALMESA- NO -- 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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05312-01-9

S. 1262 2 A. 783 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 26 ratings shall be used in determining scores and ratings pursuant to this 27 section instead of the grades three through eight English language arts 28 and mathematics state assessments until the entry into a successor 29 collective bargaining agreement. 30 § 2. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section 31 3012-d of the education law, subparagraph 1 as amended by section 3 of 32 subpart C of part B of chapter 20 of the laws of 2015 and subparagraph 2 33 as added by section 2 of subpart E of part EE of chapter 56 of the laws 34 of 2015, are amended to read as follows: 35 (1) For the first subcomponent, [(A) for a teacher whose course ends 36 in a state-created or administered test for which there is a state-pro- 37 vided growth model, such teacher shall have a state-provided growth 38 score based on such model, which shall take into consideration certain 39 student characteristics, as determined by the commissioner, including 40 but not limited to students with disabilities, poverty, English language 41 learner status and prior academic history and which shall identify 42 educators whose students' growth is well above or well below average 43 compared to similar students for a teacher's or principal's students 44 after the certain student characteristics above are taken into account; 45 and (B) for a teacher whose course does not end in a state-created or 46 administered test such teacher] a teacher shall have a student learning 47 objective (SLO) consistent with a goal-setting process determined or 48 developed by the commissioner, that results in a student growth score; 49 provided that, for any teacher whose course ends in a state-created or 50 administered assessment [for which there is no state-provided growth 51 model], such assessment [must] may be used as the underlying assessment 52 for such SLO; 53 (2) For the optional second subcomponent, a district may locally 54 select a second measure in accordance with this subparagraph. Such 55 second measure shall apply in a consistent manner, to the extent practi- 56 cable, across the district and be either: (A) [a second state-provided

S. 1262 3 A. 783

1 growth score] based on a state-created or administered test [under 2 clause (A) of subparagraph one of this paragraph], or (B) [a growth 3 score] based on a state-designed supplemental assessment[, calculated 4 using a state-provided or approved growth model]. The optional second 5 subcomponent shall provide options for multiple assessment measures that 6 are aligned to existing classroom and school best practices and take 7 into consideration the recommendations in the testing reduction report 8 as required by section one of subpart F of [the chapter] part EE of 9 chapter fifty-six of the laws of two thousand fifteen which added this 10 section regarding the reduction of unnecessary additional testing. 11 § 3. Subdivision 5 of section 3012-d of the education law, as added by 12 section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is 13 amended to read as follows: 14 5. Rating determination. The overall rating determination shall be 15 determined [according to a methodology] as follows: 16 a. [The following rules shall apply: a teacher or principal who is (1) 17 rated using two subcomponents in the student performance category and 18 receives a rating of ineffective in such category shall be rated inef- 19 fective overall; provided, however, that if the measure used in the 20 second subcomponent is a state-provided growth score on a state-created 21 or administered test pursuant to clause (A) of subparagraph one of para- 22 graph a of subdivision four of this section, a teacher or principal who 23 receives a rating of ineffective in such category shall not be eligible 24 to receive a rating of effective or highly effective overall; (2) rated 25 using only the state measure subcomponent in the student performance 26 category and receives a rating of ineffective in such category shall not 27 be eligible to receive a rating of effective or highly effective over- 28 all; and (3) rated ineffective in the teacher observations category 29 shall not be eligible to receive a rating of effective or highly effec- 30 tive overall. 31 b. Except as otherwise provided in paragraph a of this subdivision, a 32 teacher's composite score shall be determined as follows: 33 (1)] If a teacher receives an H in the teacher observation category, 34 and an H in the student performance category, the teacher's composite 35 score shall be H; 36 [(2)] b. If a teacher receives an H in the teacher observation catego- 37 ry, and an E in the student performance category, the teacher's compos- 38 ite score shall be H; 39 [(3)] c. If a teacher receives an H in the teacher observation catego- 40 ry, and a D in the student performance category, the teacher's composite 41 score shall be E; 42 [(4)] d. If a teacher receives an H in the teacher observation catego- 43 ry, and an I in the student performance category, the teacher's compos- 44 ite score shall be D; 45 [(5)] e. If a teacher receives an E in the teacher observation catego- 46 ry, and an H in the student performance category, the teacher's compos- 47 ite score shall be H; 48 [(6)] f. If a teacher receives an E in the teacher observation catego- 49 ry, and an E in the student performance category, the teacher's compos- 50 ite score shall be E; 51 [(7)] g. If a teacher receives an E in the teacher observation catego- 52 ry, and a D in the student performance category, the teacher's composite 53 score shall be E; 54 [(8)] h. If a teacher receives an E in the teacher observation catego- 55 ry, and an I in the student performance category, the teacher's compos- 56 ite score shall be D;

S. 1262 4 A. 783 1 [(9)] i. If a teacher receives a D in the teacher observation catego- 2 ry, and an H in the student performance category, the teacher's compos- 3 ite score shall be E; 4 [(10)] j. If a teacher receives a D in the teacher observation catego- 5 ry, and an E in the student performance category, the teacher's compos- 6 ite score shall be E; 7 [(11)] k. If a teacher receives a D in the teacher observation catego- 8 ry, and a D in the student performance category, the teacher's composite 9 score shall be D; 10 [(12)] l. If a teacher receives a D in the teacher observation catego- 11 ry, and an I in the student performance category, the teacher's compos- 12 ite score shall be I; 13 [(13)] m. If a teacher receives an I in the teacher observation cate- 14 gory, and an H in the student performance category, the teacher's 15 composite score shall be D; 16 [(14)] n. If a teacher receives an I in the teacher observation cate- 17 gory, and an E in the student performance category, the teacher's 18 composite score shall be D; 19 [(15)] o. If a teacher receives an I in the teacher observation cate- 20 gory, and a D in the student performance category, the teacher's compos- 21 ite score shall be I; 22 [(16)] p. If a teacher receives an I in the teacher observation cate- 23 gory, and an I in the student performance category, the teacher's 24 composite score shall be I. 25 § 4. Subdivision 7 of section 3012-d of the education law, as added by 26 section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is 27 amended to read as follows: 28 7. The commissioner shall ensure that the process by which weights and 29 scoring ranges are assigned to subcomponents and categories is transpar- 30 ent and available to those being rated before the beginning of each 31 school year. Such process must ensure that it is possible for a teacher 32 or principal to obtain any number of points in the applicable scoring 33 ranges, including zero, in each subcomponent. The superintendent, 34 district superintendent or chancellor and the representative of the 35 collective bargaining unit (where one exists) shall certify in the 36 district's plan that the evaluation process shall use the standards for 37 the scoring ranges provided by the commissioner. [Provided, however, 38 that in any event, the following rules shall apply: a teacher or princi- 39 pal who is: 40 a. rated using two subcomponents in the student performance category 41 and receives a rating of ineffective in such category shall be rated 42 ineffective overall, except that if the measure used in the second 43 subcomponent is a second state-provided growth score on a state-adminis- 44 tered or sponsored test pursuant to clause (A) of subparagraph one of 45 paragraph a of subdivision four of this section, a teacher or principal 46 that receives a rating of ineffective in such category shall not be 47 eligible to receive a rating of effective or highly effective overall; 48 b. rated using only the state measure subcomponent in the student 49 performance category and receives a rating of ineffective in such cate- 50 gory shall not be eligible to receive a rating of effective or highly 51 effective overall; and 52 c. rated ineffective in the observations category shall not be eligi- 53 ble to receive a rating of effective or highly effective overall.] 54 § 5. Subdivision 10 of section 3012-d of the education law, as added 55 by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, 56 is amended to read as follows:

S. 1262 5 A. 783 1 10. The local collective bargaining representative shall negotiate 2 with the district: 3 a. whether to use a second measure, and, in the event that a second 4 measure is used, which measure to use, pursuant to subparagraph two of 5 paragraph a of subdivision four of this section [and]; 6 b. how to implement the provisions of paragraph b of subdivision four 7 of this section, and associated regulations as established by the 8 commissioner, in accordance with article fourteen of the civil service 9 law; and 10 c. the selection and use of an assessment in a teacher or principal's 11 evaluation pursuant to subdivision four of this section and paragraphs a 12 and b of subdivision sixteen of this section. 13 § 6. Section 2 of subpart B of part AA of chapter 56 of the laws of 14 2014 amending the education law relating to providing that standardized 15 test scores shall not be included on a student's permanent record, as 16 amended by section 35 of part CCC of chapter 59 of the laws of 2018, is 17 amended to read as follows: 18 § 2. This act shall take effect immediately [and shall expire and be 19 deemed repealed on December 31, 2019]. 20 § 7. This act shall take effect immediately.