Relates to annual professional performance review agreements.
TITLE OF BILL: An act to amend the education law, in relation to annual professional performance review agreements
This bill would require the commissioner to expedite his or her review of annual professional performance review plans that are submitted solely to eliminate unnecessary student assessments.
SUMMARY OF PROVISIONS:
Section 1: Section 1 amends paragraph k of subdivision 2 of section 3012-c of the education law, as amended by chapter 21 of the laws of 2012, by requiring the commissioner to expedite his or her review of annual professional performance review ("APPR") plans that are submitted solely to eliminate unnecessary student assessments. The commissioner' s review would be limited solely to the issue of unnecessary testing of students. The governing body of such school district or BOCES would have to provide a written explanation of the changes to their collectively bargained APPR plans as well as a certification that no other material changes have been made to their APPR plans.
Section 2: Section 2 would set forth an immediate effective date.
In order to meet the statutory deadline for annual professional performance review ("APPR") plans to be submitted to the department for approval, many districts and local bargaining units opted to use pre- and post-tests that measure student growth, particularly in courses and grades that do not have a specific state measure of assessment (Federally mandated but administered by the State), and/or certain standardized assessments that are not being used for a diagnostic purpose or are not federally required on children in grades kindergarten through grade 2.
Understanding the concern of parents and the impact unnecessary testing can have on students, districts and unions are going "back to the table" to re-negotiate their APPR plans to reduce or eliminate many or all of the unnecessary tests that they originally agreed to.. This bill seeks to encourage all districts to reassess and reduce or eliminate any unnecessary tests that were collectively bargained, with an incentive that the review of such changes will be expeditiously reviewed by the commissioner and that the commissioner's review will be limited only to the changes that address the unnecessary testing of students, to functionally address a legitimate and burgeoning area of concern.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6006 2013-2014 Regular Sessions IN SENATE December 11, 2013 ___________Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law, in relation to annual professional performance review agreements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph k of subdivision 2 of section 3012-c of the education law, as added by chapter 21 of the laws of 2012, is amended to read as follows: k. Notwithstanding any other provision of law, rule or regulation to the contrary, by July first, two thousand twelve, the governing body of each school district and board of cooperative educational services shall adopt a plan, on a form prescribed by the commissioner, for the annual professional performance review of all of its classroom teachers and building principals in accordance with the requirements of this section and the regulations of the commissioner, and shall submit such plan to the commissioner for approval. The plan may be an annual or multi-year plan, for the annual professional performance review of all of its classroom teachers and building principals. The commissioner shall approve or reject the plan by September first, two thousand twelve, or as soon as practicable thereafter. The commissioner may reject a plan that does not rigorously adhere to the provisions of this section and the regulations of the commissioner. Should any plan be rejected, the commissioner shall describe each deficiency in the submitted plan and direct that each such deficiency be resolved through collective bargain- ing to the extent required under article fourteen of the civil service law. If any material changes are made to the plan, the school district or board of cooperative educational services must submit the material changes, on a form prescribed by the commissioner, to the commissioner for approval. IF MATERIAL CHANGES ARE SUBMITTED FOR AN APPROVED PLAN THAT SOLELY RELATE TO THE ELIMINATION OF UNNECESSARY STUDENT ASSESS-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13260-01-3 S. 6006 2
MENTS, THE COMMISSIONER SHALL EXPEDITE HIS OR HER REVIEW OF SUCH MATERI- AL CHANGES AND SOLELY REVIEW THOSE SECTIONS OF THE PLAN THAT RELATE TO THE ELIMINATED STUDENT ASSESSMENTS TO ENSURE COMPLIANCE WITH THIS SECTION AND THE REGULATIONS OF THE COMMISSIONER, PROVIDED THAT THE GOVERNING BODY OF SUCH SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA- TIONAL SERVICES PROVIDE A WRITTEN EXPLANATION OF THE MATERIAL CHANGES SUBMITTED FOR APPROVAL, ON A FORM PRESCRIBED BY THE COMMISSIONER, AND CERTIFY THAT NO OTHER MATERIAL CHANGES HAVE BEEN MADE TO ANY OTHER SECTIONS OF THE CURRENTLY APPROVED PLAN. To the extent that by July first, two thousand twelve, or by July first of any subsequent year, if all the terms of the plan have not been finalized as a result of unre- solved collective bargaining negotiations, the entire plan shall be submitted to the commissioner upon resolution of all of its terms, consistent with article fourteen of the civil service law. S 2. This act shall take effect immediately.