Relates to personnel records of public school teachers and public school principals; provides for the release of information under certain circumstances.

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A9814A-2011 Actions

• May 30, 2012: print number 9814b
• May 30, 2012: amend and recommit to education
• Apr 13, 2012: print number 9814a
• Apr 13, 2012: amend (t) and recommit to education
• Apr 12, 2012: referred to education

A9814A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   9814--A

                            I N  ASSEMBLY

                               April 12, 2012
                                 ___________

  Introduced  by  M.  of  A.  JAFFEE,  NOLAN, ENGLEBRIGHT -- read once and
    referred to the Committee on Education -- committee  discharged,  bill
    amended,  ordered reprinted as amended and recommitted to said commit-
    tee

  AN ACT to amend the civil rights law, in relation to  personnel  records
    of public school teachers and public school principals

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The civil rights law is amended by  adding  a  new  section
  50-f to read as follows:

    S  50-F. PERSONNEL RECORDS OF PUBLIC SCHOOL TEACHERS AND PUBLIC SCHOOL
  PRINCIPALS.  1. (A) AS USED IN  THIS  SECTION  "PUBLIC  SCHOOL  TEACHER"
  MEANS  ANY  PROFESSIONAL  EDUCATOR  CURRENTLY  OR FORMERLY EMPLOYED IN A
  PUBLIC SCHOOL DISTRICT OR A BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES
  HOLDING A TEACHING CERTIFICATE, LICENSE OR CERTIFICATE OF QUALIFICATION,
  AS  A CLASSROOM TEACHER, TEACHING ASSISTANT, OR PUPIL PERSONNEL SERVICES
  PROFESSIONAL.
    (B) AS USED IN THIS SECTION "PUBLIC SCHOOL PRINCIPAL" MEANS ANY SCHOOL
  ADMINISTRATOR CURRENTLY OR FORMERLY EMPLOYED IN THE PUBLIC SERVICE IN  A
  PUBLIC SCHOOL DISTRICT OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES IN
  A  BUILDING  LEVEL  LEADERSHIP  POSITION  HOLDING  NO LESS THAN A SCHOOL
  BUILDING LEADER CERTIFICATE. FOR PURPOSES OF THIS SECTION, THE  ADMINIS-
  TRATOR  IN  CHARGE OF AN INSTRUCTIONAL PROGRAM OF A BOARD OF COOPERATIVE
  EDUCATIONAL SERVICES SHALL BE DEEMED TO BE A BUILDING PRINCIPAL.
    2. PUBLIC SCHOOL TEACHERS' AND  PUBLIC  SCHOOL  PRINCIPALS'  PERSONNEL
  RECORDS  OF  ANY  TYPE OR FORM, INCLUDING BUT NOT LIMITED TO THOSE MAIN-
  TAINED OR PREPARED BY SCHOOL DISTRICTS OR BOARD  OF  COOPERATIVE  EDUCA-
  TIONAL  SERVICES  CONCERNING  THE  PERFORMANCE  OR  EVALUATION OF PUBLIC
  SCHOOL  TEACHERS  AND  PUBLIC  SCHOOL  PRINCIPALS,  ANNUAL  PROFESSIONAL
  PERFORMANCE  REVIEWS,  COMPOSITE EFFECTIVENESS SCORES AND ALL INDIVIDUAL
  SUBCOMPONENTS THEREOF, AND ANNUAL QUALITY RATINGS, AS WELL AS THE  MATE-
  RIALS  UPON  WHICH  SUCH REVIEWS, SCORES AND RATINGS ARE BASED, SHALL BE
  DEEMED CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE, INSPECTION  OR
  REVIEW,  EXCEPT AS PROVIDED IN SUBDIVISIONS THREE, FOUR, FIVE AND SIX OF

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15350-02-2

 A. 9814--A                          2

  THIS SECTION OR AS IS MANDATED BY LAWFUL COURT ORDER IN ACCORDANCE  WITH
  SUBDIVISION SEVEN OF THIS SECTION.
    3.  NOTHING  IN  THIS  SECTION  SHALL  PROHIBIT DISCLOSURE OF ANY SUCH
  PERSONNEL RECORDS, TO THE EXTENT NECESSARY AND RELEVANT, IN DISCIPLINARY
  PROCEEDINGS PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THE EDUCATION
  LAW, OR IN DISCIPLINARY PROCEEDINGS CONDUCTED IN ACCORDANCE WITH  ALTER-
  NATE DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAINING AGREE-
  MENT AS PROVIDED IN SECTION THREE THOUSAND TWENTY OF THE EDUCATION LAW.
    4.  NOTHING  IN  THIS  SECTION  SHALL PROHIBIT THE REVIEW OF PERSONNEL
  RECORDS BY LEGALLY APPROPRIATE AND RESPONSIBLE SCHOOL ADMINISTRATORS  OR
  SCHOOL  OFFICIALS,  OR  THE  MEMBERS OF A BOARD OF EDUCATION OR BOARD OF
  COOPERATIVE EDUCATIONAL SERVICES, FOR THE PURPOSE  OF  FULFILLING  THEIR
  LEGAL  RESPONSIBILITIES  EITHER IN MAKING RECOMMENDATIONS CONCERNING, OR
  IN MAKING DECISIONS WITH RESPECT TO EMPLOYEE PERSONNEL MATTERS, SUCH  AS
  HIRING, APPOINTMENTS, ASSIGNMENTS, LEAVES, PROMOTIONS, DEMOTIONS, REMUN-
  ERATION,  DISCIPLINE  OR  DISMISSAL,  OR  TO  AID IN THE DEVELOPMENT AND
  IMPLEMENTATION OF PERSONNEL POLICIES, OR SUCH OTHER USES AS  ARE  NECES-
  SARY TO CARRY OUT THEIR LEGAL RESPONSIBILITIES.
    (A) THE EXAMINATION OF PUBLIC SCHOOL TEACHERS' AND PUBLIC SCHOOL PRIN-
  CIPALS'  PERSONNEL  RECORDS  BY SUCH LEGALLY APPROPRIATE AND RESPONSIBLE
  SCHOOL ADMINISTRATORS OR SCHOOL OFFICIALS AS AUTHORIZED  BY  THIS  PARA-
  GRAPH SHALL, AT ALL TIMES, BE PRIVATELY CONDUCTED IN SUCH A MANNER AS TO
  FULLY PRESERVE THE CONFIDENTIALITY OF ALL SUCH PERSONNEL RECORDS.
    (B) THE EXAMINATION OF PUBLIC SCHOOL TEACHERS' AND PUBLIC SCHOOL PRIN-
  CIPALS'  PERSONNEL RECORDS BY THE BOARD OF EDUCATION OR BOARD OF COOPER-
  ATIVE EDUCATIONAL SERVICES AS AUTHORIZED  BY  THIS  PARAGRAPH  SHALL  BE
  CONDUCTED  ONLY AT EXECUTIVE SESSIONS OF THE BOARD. ANY BOARD MEMBER MAY
  REQUEST THE CHIEF SCHOOL OFFICER TO BRING THE  PERSONNEL  RECORDS  OF  A
  DESIGNATED  EMPLOYEE  OR  EMPLOYEES TO AN OPEN MEETING OF THE BOARD. THE
  BOARD SHALL THEN DETERMINE WHETHER TO CONDUCT AN EXECUTIVE  SESSION  FOR
  THE  PURPOSE  OF  EXAMINING  SUCH RECORDS. IF THE BOARD DETERMINES TO GO
  INTO EXECUTIVE SESSION, THE CHIEF  SCHOOL  OFFICER  SHALL  PRESENT  SUCH
  RECORDS  TO  THE  BOARD AT THE EXECUTIVE SESSION. SUCH RECORDS SHALL, IN
  THEIR ENTIRETY, BE RETURNED TO THE CUSTODY OF THE CHIEF  SCHOOL  OFFICER
  AT THE CONCLUSION OF THE EXECUTIVE SESSION OF THE BOARD. THE CONTENTS OF
  THE  PERSONNEL  RECORDS  REVIEWED  IN  EXECUTIVE  SESSION  SHALL  NOT BE
  DISCUSSED OR DIVULGED TO  ANYONE  OUTSIDE  OF  SUCH  EXECUTIVE  SESSION,
  EXCEPT  TO THE EXTENT REQUIRED TO IMPLEMENT A PERSONNEL DECISION, IN THE
  MANNER REQUIRED BY LAW, OR TO CARRY OUT LEGAL RESPONSIBILITIES.
    5. NOTHING IN THIS SECTION SHALL PROHIBIT A PARENT OR LEGAL  GUARDIAN,
  IN  THE  INTEREST  OF HIS OR HER CHILD'S ACADEMIC DEVELOPMENT, FOLLOWING
  THE OPENING OF A NEW SCHOOL YEAR, FROM REVIEWING IN A SCHEDULED, PRIVATE
  CONFERENCE  WITH  THE  BUILDING  PRINCIPAL  AT  THE  APPROPRIATE  SCHOOL
  DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES OFFICE, THE QUALI-
  TY  RATING  CATEGORY  ISSUED  FOR  THE PREVIOUS ACADEMIC YEAR, EITHER TO
  THEIR CHILD'S ASSIGNED TEACHER OR TO THE PRINCIPAL OF THE SCHOOL  BUILD-
  ING WHERE THEIR CHILD IS BEING TAUGHT, PROVIDED THAT THE RATING IS FINAL
  AND  NOT  THE  SUBJECT  OF  A  PENDING  APPEAL UNDER SUBDIVISION FIVE OF
  SECTION THREE THOUSAND TWELVE-C  OF  THE  EDUCATION  LAW,  AND  PROVIDED
  FURTHER  THAT  THE PARENT OR LEGAL GUARDIAN SUBMITS A REQUEST FOR REVIEW
  FOLLOWING THE PROCEDURES OF ARTICLE SIX  OF  THE  PUBLIC  OFFICERS  LAW.
  NOTWITHSTANDING  ARTICLE  SIX  OF  THE PUBLIC OFFICERS LAW, OR ANY OTHER
  LAW, THE SCHOOL DISTRICT OR BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES
  SHALL  NOT PROVIDE A COPY OF THE QUALITY RATING CATEGORY, OR ANY WRITTEN
  OR ELECTRONIC COMMUNICATION CONTAINING THE QUALITY RATING CATEGORY.

 A. 9814--A                          3

    (A) AT SUCH PRIVATE CONFERENCE THE BUILDING  PRINCIPAL  SHALL  PROVIDE
  THE  PARENT  OR  LEGAL GUARDIAN WITH A WRITTEN NOTICE ADVISING THEM THAT
  THE QUALITY RATING  CATEGORY  INFORMATION  IS  CONFIDENTIAL  INFORMATION
  UNDER THIS CHAPTER.
    (B)  PRIOR  TO A PARENT'S OR LEGAL GUARDIAN'S REVIEW OF A TEACHER'S OR
  BUILDING PRINCIPAL'S QUALITY RATING CATEGORY UNDER THIS SUBDIVISION, THE
  CHIEF SCHOOL OFFICER OF THE SCHOOL  DISTRICT  OR  BOARD  OF  COOPERATIVE
  EDUCATIONAL  SERVICES  SHALL  CERTIFY TO THE BUILDING PRINCIPAL THAT, TO
  THE BEST OF HIS OR HER KNOWLEDGE, THE QUALITY RATING CATEGORY  IS  ACCU-
  RATE.  ADDITIONALLY, PRIOR TO A PARENT'S OR LEGAL GUARDIAN'S REVIEW OF A
  TEACHER'S OR BUILDING PRINCIPAL'S QUALITY  RATING  CATEGORY  UNDER  THIS
  SUBDIVISION,  THE  COMMISSIONER  OF EDUCATION SHALL CERTIFY TO THE CHIEF
  SCHOOL OFFICER OF THE SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCA-
  TIONAL SERVICES THAT THE STATE ASSESSMENTS UPON WHICH THE STUDENT GROWTH
  DATA  COMPONENT  WAS  DERIVED IN THE FORMULATION OF THE COMPOSITE EFFEC-
  TIVENESS SCORE, AS SPECIFIED IN SECTION THREE THOUSAND TWELVE-C  OF  THE
  EDUCATION LAW, WERE ACCURATELY TABULATED AND STATISTICALLY RELIABLE.
    6.  NOTHING IN THIS SECTION SHALL PREVENT A SCHOOL DISTRICT OR A BOARD
  OF COOPERATIVE EDUCATIONAL SERVICES FROM MAKING PUBLICLY  AVAILABLE  THE
  FOLLOWING  INFORMATION CONCERNING THE ANNUAL PROFESSIONAL REVIEWS OF ITS
  TEACHERS AND PRINCIPALS, SO LONG AS PERSONALLY IDENTIFYING  INFORMATION,
  INCLUDING  BUT  NOT LIMITED TO THE TEACHER OR PRINCIPAL'S NAME, ADDRESS,
  TELEPHONE NUMBER, EMPLOYEE FILE NUMBER, SCHOOL NAME, JOB  TITLE,  AND/OR
  SOCIAL  SECURITY  NUMBER  ARE  ALL  REDACTED  BEFORE MAKING SUCH RECORDS
  PUBLICLY AVAILABLE: PERCENTAGE OR NUMBER OF TEACHERS AND  PRINCIPALS  IN
  EACH  RATING  CATEGORY,  BY POVERTY-STATUS OF EACH SCHOOL; PERCENTAGE OR
  NUMBER OF TEACHERS AND PRINCIPALS IN EACH RATING CATEGORY,  BY  HIGH  OR
  LOW MINORITY-STATUS OF EACH SCHOOL; PERCENTAGE OR NUMBER OF TEACHERS AND
  PRINCIPALS  MOVING  TO  A  LOWER RATING CATEGORY THAN THE PREVIOUS YEAR;
  PERCENTAGE OR NUMBER OF TEACHERS AND PRINCIPALS RETAINED IN EACH  RATING
  CATEGORY,  AND  DATA  ON TENURE GRANTING AND DENIAL BASED ON THE CATEGO-
  RIES.
    7. PRIOR TO ISSUING A COURT ORDER ALLOWING THE  RELEASE  OF  ANY  SUCH
  PERSONNEL  RECORD  OF  A PUBLIC SCHOOL TEACHER OR PUBLIC SCHOOL BUILDING
  PRINCIPAL, IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION, THE JUDGE
  MUST REVIEW ALL SUCH REQUESTS AND GIVE INTERESTED PARTIES  THE  OPPORTU-
  NITY TO BE HEARD AT A HEARING UPON WRITTEN NOTICE. A COURT ORDER RELEAS-
  ING PERSONNEL RECORDS SHALL ONLY BE ALLOWED IN CONNECTION WITH A PENDING
  CRIMINAL  INVESTIGATION,  A PENDING CRIMINAL PROCEEDING, A PENDING CIVIL
  ACTION, OR A PENDING ADMINISTRATIVE  PROCEEDING.  NO  SUCH  ORDER  SHALL
  ISSUE  WITHOUT  A CLEAR SHOWING OF FACTS SUFFICIENT TO WARRANT THE JUDGE
  TO REQUEST RECORDS FOR REVIEW.    IF,  AFTER  SUCH  HEARING,  THE  JUDGE
  CONCLUDES  THERE  IS A SUFFICIENT BASIS HE SHALL SIGN AN ORDER REQUIRING
  THAT THE PERSONNEL RECORDS IN QUESTION BE SEALED AND  SENT  DIRECTLY  TO
  HIM. HE SHALL THEN REVIEW THE FILE AND MAKE A DETERMINATION AS TO WHETH-
  ER  THE RECORDS ARE RELEVANT AND MATERIAL IN THE ACTION BEFORE HIM. UPON
  SUCH A FINDING, THE COURT SHALL MAKE THOSE PARTS OF THE RECORD FOUND  TO
  BE  RELEVANT  AND  MATERIAL AVAILABLE TO THE PERSONS SO REQUESTING, WITH
  ANY REDACTIONS MADE TO THE RECORD AS THE COURT MAY  DETERMINE  NECESSARY
  OR APPROPRIATE.
    8.  ANY  SCHOOL EMPLOYEE, SCHOOL OFFICIAL, MEMBER OF A BOARD OF EDUCA-
  TION OR MEMBER OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES WHO  KNOW-
  INGLY OR INTENTIONALLY RELEASES OR DISCLOSES, IN ANY MANNER OR FORM, ANY
  PERSONNEL  RECORD  DESCRIBED  IN SUBDIVISION TWO OF THIS SECTION, OR THE
  CONTENTS THEREOF, EXCEPT AS PROVIDED IN SUBDIVISIONS THREE,  FOUR,  FIVE
  AND  SIX,  OR  SEVEN  OF  THIS SECTION, SHALL BE SUBJECT TO DAMAGES IN A

 A. 9814--A                          4

  PRIVATE RIGHT OF ACTION FOR A VIOLATION OF A RIGHT  OF  PRIVACY  BY  THE
  TEACHER  OR BUILDING PRINCIPAL WHOSE RECORDS WERE RELEASED OR DISCLOSED.
  IN SUCH ACTION THE COURT MAY AWARD REASONABLE  ATTORNEY'S  FEES  TO  THE
  TEACHER  OR  BUILDING PRINCIPAL. ANY SUCH KNOWING OR INTENTIONAL RELEASE
  OR DISCLOSURE OF ANY PERSONNEL RECORD BY A SCHOOL EMPLOYEE SHALL FURTHER
  CONSTITUTE GROUNDS FOR DISCIPLINARY ACTION AGAINST THE SCHOOL  EMPLOYEE,
  UP TO AND INCLUDING DISMISSAL, BY THE EMPLOYING SCHOOL DISTRICT OR BOARD
  OF  COOPERATIVE  EDUCATIONAL  SERVICES.  ANY SUCH KNOWING OR INTENTIONAL
  RELEASE OR DISCLOSURE OF ANY PERSONNEL RECORD BY A  SCHOOL  OFFICIAL,  A
  MEMBER  OF  A  BOARD  OF EDUCATION OR A MEMBER OF A BOARD OF COOPERATIVE
  EDUCATIONAL SERVICES SHALL FURTHER CONSTITUTE GROUNDS FOR  REMOVAL  FROM
  OFFICE PURSUANT TO SECTION THREE HUNDRED SIX OF THE EDUCATION LAW.
    S 2. This act shall take effect immediately.