§ 30-3.17. Annual Professional Performance Review Ratings for the 2015-2016 through the [2018-2019] 2019-2020 school years for Annual Professional Performance Reviews Conducted Pursuant to Education Law § 3012-d and this Subpart, During a Transition to Higher Learning Standards.

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(b) Notwithstanding any other provision of this Subpart to the contrary, the Commissioner shall establish procedures in guidance for determining transition scores and ratings for teachers and principals whose annual professional performance reviews conducted pursuant to Education Law § 3012-d and this Subpart for the 2015-2016 through the [2018-2019] 2019-2020 school years are based, in whole or in part, on State assessments and/or State-provided growth scores on Regents examinations, while the State completes the transition to higher learning standards through new State assessments aligned to higher learning standards, and a revised State-provided growth model.

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1. STATUTORY AUTHORITY:

Education Law 101 (not subdivided) charges the Department with the general management and supervision of all public schools and all of the educational work of the state.

Education Law 207 (not subdivided) grants general rule-making authority to the Regents to carry into effect State educational laws and policies.

Education Law 305(1) authorizes the Commissioner to enforce laws relating to the State educational system and execute Regents educational policies. Section 305(2) provides the Commissioner with general supervision over schools and authority to advise and guide school district officers in their duties and the general management of their schools.

Education Law 3012-d establishes uniform standards for teacher and principal annual professional performance reviews (APPR) across New York State.

2. LEGISLATIVE OBJECTIVES:

The purpose of the proposed amendment is to extend the APPR transition period for an additional year to provide the Department with adequate time to fully implement the Governor’s Common Core Task Force’s recommendations while the Department works with stakeholders to develop recommendations to revise the current evaluation system in order to create an evaluation system that better supports teaching and learning.

3. NEEDS AND BENEFITS:

In September 2015, Governor Andrew Cuomo formed the Common Core Task Force to undertake a comprehensive review of the current status and use of the Common Core State Standards and assessments in New York and to recommend potential reforms to the system.

On December 10, 2015, the Task Force released their report, affirming that New York must have rigorous, high quality education standards to improve the education of all of our students and hold our schools and districts accountable for students’ success but recommended that the Common Core standards be thoroughly reviewed and revised consistent as reflected in the report and that the State assessments be amended to reflect such revisions. In addition, the Task Force recommended that until the new system is fully phased in, the results from the grades 3-8 English language arts and mathematics State assessments and the use of any State-provided growth model based on these tests or other State assessments shall not have consequence for teachers or students. Specifically, Recommendation 21 from the Task Force’s Final Report (“Report”) provides as follows:

“…until the transition to a new system is complete, i.e. New York State-specific standards are fully developed along with corresponding curriculum and tests, State administered standardized ELA and Mathematics assessments for grades three through eight aligned to the Common Core or updated standards shall not have consequences for individual students or teachers. Further, any growth model based on these Common Core tests or other state assessments shall not have consequences and shall only be used on an advisory basis for teachers.”

In an effort to implement the Task Force’s recommendation, two new sections, 30-2.14¹ and 30-3.17, of the Rules of the Board of Regents were added in December of 2015 to provide for a four-year transition period for annual professional performance reviews (APPRs). During the transition period, the Commissioner will determine transition scores and ratings that will replace the original scores and HEDI ratings computed under the existing provisions of Subpart 30-2 and 30-3 of the Regents Rules for evaluation of teachers and principals whose APPRs are based, in whole or in part, on State assessments in grades 3-8 ELA and mathematics assessments and/or State-provided growth scores. Under the current regulations, the transition period will end with the 2018-2019 school year.

Pursuant to Section 30-3.17 of the Rules of the Board of Regents, transition scores and ratings for the student performance category and the overall transition rating are determined using the scores/ratings in the subcomponents of the student performance category that are not based on the grade 3-8 ELA or mathematics State assessments and/or a State-provided growth score.

• State provided growth scores will continue to be computed for advisory purposes only and overall HEDI ratings will continue to be provided to teachers and principals based on such growth scores. However, during the transition period, only the transition score and rating will be used for purposes of Education Law § 3012-d and Subparts 30-3, and for purposes of employment decisions, including tenure determinations and for purposes of proceedings under Education Law § § 3020-a and 3020-b and teacher and principal improvement plans.

• However, for purposes of public reporting of aggregate data, the original composite score and rating and the transition composite score and rating must be reported with an explanation of such transition composite score and rating.

Although the Department has undertaken a number of actions over the past three years to revise the State’s ELA and math Learning Standards and assessment system, that work is not yet complete and the Department has not yet completed its review of the current evaluation system.

4. COSTS:

a. Costs to State government: The amendments do not impose any costs on State government, including the State Education Department.

b. Costs to local government: The amendments do not impose any costs on local government.

c. Costs to private regulated parties: The amendments do not impose any costs on private regulated parties.

d. Costs to regulating agency for implementation and continued administration: The amendments do not impose any costs on the regulating agency for implementation and continued administration.

5. LOCAL GOVERNMENT MANDATES:

See Needs and Benefits Section.

6. PAPERWORK:

The proposed amendment does not impose any additional paperwork requirements beyond what was currently required in regulation.

7. DUPLICATION:

The proposed amendment does not duplicate existing State or Federal requirements.

8. ALTERNATIVES:

No alternatives were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

Following the 60-day public comment period required under the State Administrative Procedure Act, it is anticipated that the proposed amendments will be presented to the Board of Regents for adoption at its April 2019 meeting. If adopted at the April 2019 meeting, the proposed amendments will become effective on April 24, 2019.

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¹ Section 30-2.14 of the Rules of the Board of Regents is applicable to APPRs conducted pursuant to Education Law § 3012-c. Since the 2016-17 school year, all school districts have implemented APPR plans pursuant to Education Law § 3012-d. Therefore, the proposed amendments relate only to Section 30-3.17 of the Rules of the Board of Regents.

(a) Small businesses:

The proposed amendment relates to annual professional performance reviews (APPR) of teachers and principals, as further described below. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

(b) Local governments:

1. EFFECT OF RULE:

The proposed amendment applies to all teachers and principals of public school districts and BOCES.

2. COMPLIANCE REQUIREMENTS:

The proposed amendments to Section 30-3.17 of the Rules of the Board of Regents would keep the APPR Transition Period for APPRs completed pursuant to Education Law § 3012-d in place for an additional school year (i.e., through the 2019-20 school year). This additional year is necessary for the Department to fully implement the Common Core Task Force’s recommendations while the Department works with stakeholders to develop recommendations to revise the current evaluation system in order to create an evaluation system that better supports teaching and learning.

3. PROFESSIONAL SERVICES:

The proposed rule does not impose any additional professional services requirements on local governments.

4. COMPLIANCE COSTS:

The proposed amendment does not impose any additional costs on regulated parties beyond the current regulations.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed amendment does not impose any new technological requirements on school districts or BOCES. Economic feasibility is addressed in the Costs section above.

6. MINIMIZING ADVERSE IMPACT:

Education Law § 3012-d requires that uniform standards for teachers and principals must be established across the State. Therefore, no alternatives were considered for those located in rural areas of the State.

7. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, from the chief school officers of the five big city school districts.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

This proposed amendment applies to all school districts and BOCES in New York State, including those located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.

2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The proposed amendments to Section 30-3.17 of the Rules of the Board of Regents would keep the APPR Transition Period for APPRs completed pursuant to Education Law § 3012-d in place for an additional school year (i.e., through the 2019-20 school year). This additional year is necessary for the Department to fully implement the Common Core Task Force’s recommendations while the Department works with stakeholders to develop recommendations to revise the current evaluation system in order to create an evaluation system that better supports teaching and learning.

3. COSTS:

The proposed amendment imposes no additional costs on any regulated parties.

4. MINIMIZING ADVERSE IMPACT:

Education Law § 3012-d requires that uniform standards for teacher and principal evaluations must be established across the State. Therefore, no alternatives were considered for those located in rural areas of the State.

5. RURAL AREA PARTICIPATION:

Copies of the proposed amendments have been provided to Rural Advisory Committee for review and comment.

The purpose of the proposed amendment is to extend the APPR transition period for school districts and BOCES through the 2019-20 school year. During the transition period, the Commissioner will determine transition scores and ratings that will replace the original scores and HEDI ratings computed under the existing provisions of Subpart 30-2 and 30-3 of the Regents Rules for evaluation of teachers and principals whose APPRs are based, in whole or in part, on State assessments in grades 3-8 ELA and mathematics assessments and/or State-provided growth scores.

Because it is evident from the nature of the proposed amendment that it will have no impact on the number of jobs or employment opportunities in New York State, no further steps were needed to ascertain that fact and none were taken.