Actions

Text

STATE OF NEW YORK
________________________________________________________________________

9814--B

IN ASSEMBLY

April 12, 2012
___________

Introduced  by  M.  of  A.  JAFFEE, NOLAN, ENGLEBRIGHT, MAYER, ABINANTI,
  ARROYO, REILLY, MILLMAN, ESPINAL, SCHIMEL, P. RIVERA, RUSSELL, JACOBS,
  MENG, LUPARDO -- Multi-Sponsored by -- M. of A. BRENNAN, BROOK-KRASNY,
  FINCH, McDONOUGH, SWEENEY, WEINSTEIN -- read once and referred to  the
  Committee  on Education -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

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 THE STATE EDUCATION DEPARTMENT,  SCHOOL  DISTRICTS
OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES CONCERNING THE PERFORMANCE
OR EVALUATION OF PUBLIC SCHOOL TEACHERS AND  PUBLIC  SCHOOL  PRINCIPALS,
ANNUAL  PROFESSIONAL PERFORMANCE REVIEWS, COMPOSITE EFFECTIVENESS SCORES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15350-04-2
A. 9814--B                          2

AND ALL INDIVIDUAL SUBCOMPONENTS THEREOF, AND ANNUAL QUALITY RATINGS, AS
WELL AS THE MATERIALS UPON WHICH SUCH REVIEWS, SCORES  AND  RATINGS  ARE
BASED,  SHALL  BE  DEEMED CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLO-
SURE,  INSPECTION  OR  REVIEW, EXCEPT AS PROVIDED IN SUBDIVISIONS THREE,
FOUR, FIVE AND SIX OF 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. (A) NOTHING IN THIS SECTION SHALL PROHIBIT A PARENT OR LEGAL GUARD-
IAN, IN THE INTEREST OF HIS OR HER CHILD'S ACADEMIC DEVELOPMENT, FOLLOW-
ING THE OPENING OF A NEW SCHOOL YEAR, FROM  REVIEWING  IN  A  SCHEDULED,
PRIVATE  CONFERENCE  WITH THE BUILDING PRINCIPAL OR HIS OR HER DESIGNEE,
WHO MUST POSSESS EITHER A PERMANENT SCHOOL  ADMINISTRATOR'S  CERTIFICATE
OR  A  PERMANENT  SCHOOL  BUILDING LEADER CERTIFICATE AT THE APPROPRIATE
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES OFFICE, THE
QUALITY RATING CATEGORY ISSUED FOR THE PREVIOUS ACADEMIC YEAR, TO  THEIR
CHILD'S  ASSIGNED TEACHER, 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
A. 9814--B                          3

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.
  (B) 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 SCHOOL  SUPERINTENDENT  OF  THE  APPROPRIATE  SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES OFFICE, THE QUALI-
TY  RATING  CATEGORY  ISSUED FOR THE PREVIOUS ACADEMIC YEAR OF OR TO THE
PRINCIPAL OF THE SCHOOL BUILDING 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 OFFI-
CERS  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.
  (C) AT SUCH PRIVATE CONFERENCE THE BUILDING PRINCIPAL OR  HIS  OR  HER
DESIGNEE,  WHO  MUST  POSSESS  EITHER A PERMANENT SCHOOL ADMINISTRATOR'S
CERTIFICATE OR A PERMANENT SCHOOL BUILDING LEADER  CERTIFICATE,  OR  THE
SUPERINTENDENT, WHICHEVER MAY BE APPLICABLE, SHALL PROVIDE THE PARENT OR
LEGAL  GUARDIAN  WITH  A  WRITTEN  NOTICE ADVISING THEM THAT THE QUALITY
RATING CATEGORY INFORMATION IS CONFIDENTIAL INFORMATION UNDER THIS CHAP-
TER AND THE PARENT OR LEGAL GUARDIAN SHALL SIGN A NOTIFICATION  ACKNOWL-
EDGING THAT SUCH INFORMATION IS CONFIDENTIAL.
  (D)  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.
A. 9814--B                          4

  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
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.
  9.  SEVERABILITY.  SHOULD  ANY  PART  OR  PORTION  OF  THIS SECTION BE
RENDERED OR DECLARED INVALID BY A COURT OF COMPETENT  JURISDICTION,  THE
INVALIDATION  OF SUCH PART OR PORTION SHALL NOT INVALIDATE THE REMAINING
PORTIONS THEREOF, WHICH SHALL REMAIN VALID AND ENFORCEABLE.
  S 2. This act shall take effect immediately.