S T A T E   O F   N E W   Y O R K
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                                  5021

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 29, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation  to  the  guidelines  and
  regulations of the teacher and principal evaluation system

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

  Section 1. Notwithstanding any provisions of  section  3012-c  of  the
education  law  to the contrary, the commissioner of the state education
department is hereby authorized and directed, subject to the  provisions
of section 207 of the education law, to adopt regulations of the commis-
sioner  and  guidelines  no  later than January 31, 2017, to implement a
statewide annual teacher and principal evaluation  system  in  New  York
state  pursuant  to section 3012-d of the education law after consulting
with experts and practitioners in the fields of education, economics and
psychometrics and taking into consideration the parameters set forth  in
the  letter  from  the  chancellor  of  the  board of regents and acting
commissioner dated December 31, 2014, to the New York state director  of
state  operations.  The  commissioner  shall also establish a process to
accept public comments and recommendations  regarding  the  adoption  of
regulations  pursuant to section 3012-d of the education law and consult
in writing with the secretary of the United States department of  educa-
tion  on  weights,  measures  and  ranking  of evaluation categories and
subcomponents and shall release the response  from  the  secretary  upon
receipt thereof but in any event prior to publication of the regulations
hereunder.
  S  2.  Subdivision 11 of section 3012-d of the education law, as added
by section 2 of subpart E of part EE of chapter 56 of the laws of  2015,
is amended to read as follows:
  11.  Notwithstanding  any  inconsistent  provision  of  law, no school
district shall be eligible for an apportionment of general  support  for
public   schools  from  the  funds  appropriated  for  the  [2015--2016]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10475-01-5
              

S. 5021                             2

2017--2018 school year and any year thereafter in excess of  the  amount
apportioned  to  such school district in the respective base year unless
such school district has submitted documentation that has been  approved
by  the  commissioner by [November fifteenth, two thousand fifteen] JUNE
FIFTEENTH, TWO THOUSAND SEVENTEEN, or by September first of each  subse-
quent  year,  demonstrating  that it has fully implemented the standards
and procedures for conducting annual teacher and  principal  evaluations
of  teachers  and principals in accordance with the requirements of this
section and the regulations issued by the commissioner. Provided further
that any apportionment withheld pursuant to this section shall not occur
prior to April first of the current year and shall not have  any  effect
on the base year calculation for use in the subsequent school year.  For
purposes  of  this  section,  "base  year"  shall  mean the base year as
defined in paragraph b of subdivision one of section thirty-six  hundred
two  of  this chapter, and "current year" shall mean the current year as
defined in paragraph a of subdivision one of section thirty-six  hundred
two of this chapter.
  S 3. This act shall take effect immediately.