• Required Student Performance Measures

o Eliminates the requirement to use the State Growth Model for teachers of grades 4-8, building principals covering those grade levels, and high school principals (all of grades 9-12).

[] All educators would instead have a Student Learning Objective (SLO).

o Eliminates the requirement that State-created or administered assessments be used as the evidence for SLOs where they exist.

o The selection and use of the assessment(s) for an educator’s SLO is now subject to collective bargaining, rather than district determined.

• Optional Student Performance Measures

o Eliminates the requirement that optional student performance measures be based either on a second State-provided growth score or a growth score based on a supplemental assessment that uses a State-provided or approved statistical growth model.

[] Instead, the Department will define optional measures of student performance based on State-created, administered, or approved assessments that districts may then collectively bargain to use.

o Where a school district collectively bargains to use optional student performance measures, the statutory amendments also eliminate the existing requirement that an educator receive a rating of Ineffective on their overall evaluation if their Student Performance Category rating is Ineffective.

The changes made to Education Law § 3012-d became effective on April 1, 2019 and the proposed amendment implements those requirements.

Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendment could be presented for regular (non-emergency) adoption, after publication in the State Register and expiration of the 60-day public comment period provided for in the State Administrative Procedure Act (SAPA) Sections 202(1) and (5), is the February 2020 Regents meeting. Furthermore, pursuant to SAPA Section 203(1), the earliest effective date of the proposed amendment, if adopted at the February Regents meeting, is February 26, 2020, the date a Notice of Adoption would be published in the State Register. However, because Section 52-m of Part YYY of Chapter 59 of the Laws of 2019 became effective on April 1, 2019, emergency action is necessary now for the preservation of the general welfare in order to conform Subpart 30 of the Rules of the Board of Regents with the amendments made to Education Law § 3012-d, as amended by Chapter 59 of the Laws of 2019.

The 2019-2020 Enacted Budget makes several changes to Education Law § 3012-d, which governs annual teacher and principal evaluations. The key changes include:

• Required Student Performance Measures

o Eliminates the requirement to use the State Growth Model for teachers of grades 4-8, building principals covering those grade levels, and high school principals (all of grades 9-12).

[] All educators would instead have a Student Learning Objective (SLO).

o Eliminates the requirement that State-created or administered assessments be used as the evidence for SLOs where they exist.

o The selection and use of the assessment(s) for an educator’s SLO is now subject to collective bargaining, rather than district determined.

• Optional Student Performance Measures

o Eliminates the requirement that optional student performance measures be based either on a second State-provided growth score or a growth score based on a supplemental assessment that uses a State-provided or approved statistical growth model.

[] Instead, the Department will define optional measures of student performance based on State-created, administered, or approved assessments that districts may then collectively bargain to use.

o Where a school district collectively bargains to use optional student performance measures, the statutory amendments also eliminate the existing requirement that an educator receive a rating of Ineffective on their overall evaluation if their Student Performance Category rating is Ineffective.

Although the Enacted Budget makes significant changes to the Student Performance Category of the evaluation system, it does not substantively change any other aspects of the current system, including:

• Requirements for teacher observations and principal school visits, including the requirement that at least one be conducted by an independent evaluator.

• Requirements for calculating overall ratings using the statutory matrix.

• Requirements for teacher and principal improvement plans for educators who receive an overall rating of Developing or Ineffective in the prior school year.

• Requirements for summative evaluation ratings to be a “significant factor” in all employment-related decisions.

The proposed rule conforms the regulations to the provisions of the 2019 legislation by making the following substantive changes to Subparts 30-2 and 30-3 of the Rules of the Board of Regents.

The existing Subpart 30-2, relating to evaluations conducted pursuant to Education Law § 3012-c, is repealed.

The existing Subpart 30-3 is renumbered to Subpart 30-2. The title of this new Subpart 30-2 and sections 30-2.1, 30-2.3, and 30-2.17 are amended to clarify that Subpart 30-2 only applies to APPRs conducted prior to the 2019-20 school year or those conducted pursuant to a collective bargaining agreement (CBA) entered into on or before April 12, 2019 which remains in effect on or after April 12, 2019 until a subsequent agreement is reached; provided further, however, that any assessments used in determining transition scores and ratings shall be used in determining scores and ratings pursuant to Subpart 30-2 instead of the grades three through eight English language arts and mathematics state assessments and/or any state growth model until the entry into a successor collective bargaining agreement.

A new Subpart 30-3 is added to implement the amended evaluation law.

Where practicable, existing requirements for teacher and principal evaluations are carried over in their entirety. Below is a description of the areas where substantive changes from existing requirements have been made to implement the provisions of Chapter 59 of the Laws of 2019.

Section 30-3.1 clarifies that the new evaluation system only applies to CBAs entered into after April 12, 2019. It further clarifies that nothing in the new Subpart shall be construed to abrogate any conflicting provisions of any CBA in effect on and after April 12, 2019 during the term of such agreement and until entry into a successor CBA; provided further, however, that any assessments used in determining transition scores and ratings shall be used in determining scores and ratings pursuant to Subpart 30-2 instead of the grades three through eight English language arts and mathematics state assessments and/or any state growth model until the entry into a successor collective bargaining agreement. As required by the Education Law, it further clarifies that APPRs shall be a significant factor for employment decisions and teacher and principal development, consistent with the requirements of the law. It also clarifies the unfettered right to terminate a probationary teacher or principal for any statutorily and constitutionally permissible reason.

Section 30-3.4 describes the standards and criteria for conducting APPRs of classroom teachers under the amended law. The law requires teachers to be evaluated based on two categories: the student performance category and the teacher observation category.

Section 30-3.5 describes the standards and criteria for conducting APPRs of building principals under the amended law. The law requires the Commissioner to establish a principal evaluation system that is aligned to the teacher evaluation system set forth in Education Law § 3012-d. To implement the law, the proposed amendment requires building principals to be evaluated based on two categories: the student performance category and the school visit category.

Section 30-3.16 describes a process which permits a district or BOCES to apply for a variance from one or more of the provisions of this Subpart to meet specific needs and circumstances of the district or BOCES so long as such plan remains consistent with the requirements of Education Law § 3012-d.

Section 30-3.17 provides for the severability of each section of this Subpart.

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 215 authorizes the Regents to visit and inspect any educational institution under its supervision in the state and to require reporting from such institutions.

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 provides for the development and implementation of annual professional performance reviews of teachers and principals.

Chapter 59 of the Laws of 2019 amends provisions of Education Law 3012-d relating to the development and implementation of periodic professional performance reviews of teachers and principals.

2. LEGISLATIVE OBJECTIVES:

The proposed amendments to the requirements for Annual Professional Performance Review plans are consistent with the above statutory authority and are necessary to conform the Commissioner’s Regulations to Part YYY of Chapter 59 of the laws of 2019. The purpose of the proposed amendment is to improve the quality of teaching and learning by ensuring that teachers and school leaders receive annual evaluations consistent with the State’s Teaching and Leadership Standards leading to opportunities for professional growth and to meet the learning needs of their students.

3. NEEDS AND BENEFITS:

The 2019-2020 Enacted Budget makes several changes to Education Law § 3012-d, which governs annual teacher and principal evaluations. The key changes include:

• Required Student Performance Measures

o Eliminates the requirement to use the State Growth Model for teachers of grades 4-8, building principals covering those grade levels, and high school principals (all of grades 9-12).

[] All educators would instead have a Student Learning Objective (SLO).

o Eliminates the requirement that State-created or administered assessments be used as the evidence for SLOs where they exist.

o The selection and use of the assessment(s) for an educator’s SLO is now subject to collective bargaining, rather than district determined.

• Optional Student Performance Measures

o Eliminates the requirement that optional student performance measures be based either on a second State-provided growth score or a growth score based on a supplemental assessment that uses a State-provided or approved statistical growth model.

[] Instead, the Department will define optional measures of student performance based on State-created, administered, or approved assessments that districts may then collectively bargain to use.

o Where a school district collectively bargains to use optional student performance measures, the statutory amendments also eliminate the existing requirement that an educator receive a rating of Ineffective on their overall evaluation if their Student Performance Category rating is Ineffective.

Although the Enacted Budget makes significant changes to the Student Performance Category of the evaluation system, it does not substantively change any other aspects of the current system, including:

• Requirements for teacher observations and principal school visits, including the requirement that at least one be conducted by an independent evaluator.

• Requirements for calculating overall ratings using the statutory matrix.

• Requirements for teacher and principal improvement plans for educators who receive an overall rating of Developing or Ineffective in the prior school year.

• Requirements for summative evaluation ratings to be a “significant factor” in all employment-related decisions.

The proposed rule conforms the regulations to the provisions of the 2019 legislation by making the following substantive changes to Subparts 30-2 and 30-3 of the Rules of the Board of Regents.

The existing Subpart 30-2, relating to evaluations conducted pursuant to Education Law § 3012-c, is repealed.

The existing Subpart 30-3 is renumbered to Subpart 30-2. The title of this new Subpart 30-2 and sections 30-2.1, 30-2.3, and 30-2.17 are amended to clarify that Subpart 30-2 only applies to APPRs conducted prior to the 2019-20 school year or those conducted pursuant to a collective bargaining agreement (CBA) entered into on or before April 12, 2019 which remains in effect on or after April 12, 2019 until a subsequent agreement is reached; provided further, however, that any assessments used in determining transition scores and ratings shall be used in determining scores and ratings pursuant to Subpart 30-2 instead of the grades three through eight English language arts and mathematics state assessments and/or any state growth model until the entry into a successor collective bargaining agreement.

A new Subpart 30-3 is added to implement the amended evaluation law.

Where practicable, existing requirements for teacher and principal evaluations are carried over in their entirety. Below is a description of the areas where substantive changes from existing requirements have been made to implement the provisions of Chapter 59 of the Laws of 2019.

Section 30-3.1 clarifies that the new evaluation system only applies to CBAs entered into after April 12, 2019. It further clarifies that nothing in the new Subpart shall be construed to abrogate any conflicting provisions of any CBA in effect on and after April 12, 2019 during the term of such agreement and until entry into a successor CBA; provided further, however, that any assessments used in determining transition scores and ratings shall be used in determining scores and ratings pursuant to Subpart 30-2 instead of the grades three through eight English language arts and mathematics state assessments and/or any state growth model until the entry into a successor collective bargaining agreement. As required by the Education Law, it further clarifies that APPRs shall be a significant factor for employment decisions and teacher and principal development, consistent with the requirements of the law. It also clarifies the unfettered right to terminate a probationary teacher or principal for any statutorily and constitutionally permissible reason.

Section 30-3.4 describes the standards and criteria for conducting APPRs of classroom teachers under the amended law. The law requires teachers to be evaluated based on two categories: the student performance category and the teacher observation category.

Section 30-3.5 describes the standards and criteria for conducting APPRs of building principals under the amended law. The law requires the Commissioner to establish a principal evaluation system that is aligned to the teacher evaluation system set forth in Education Law § 3012-d. To implement the law, the proposed amendment requires building principals to be evaluated based on two categories: the student performance category and the school visit category.

Section 30-3.16 describes a process which permits a district or BOCES to apply for a variance from one or more of the provisions of this Subpart to meet specific needs and circumstances of the district or BOCES so long as such plan remains consistent with the requirements of Education Law § 3012-d.

Section 30-3.17 provides for the severability of each section of this Subpart.

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:

The proposed amendment does not impose any additional program, service, duty or responsibility upon any local government.

6. PAPERWORK:

The proposed amendment does not impose any additional paperwork requirements.

7. DUPLICATION:

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

8. ALTERNATIVES:

Because the State believes that Annual Professional Performance Review plans are required across the State, no alternatives were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

A Notice of Emergency Adoption and Proposed Rule Making will be published in the State Register on October 30, 2019. The proposed amendment will become effective as an emergency rule on October 8, 2019. It is anticipated that the rule will be presented for permanent adoption at the February Regents meeting, after publication of the proposed amendment in the State Register and expiration of the 60-day public comment period required pursuant to the State Administrative Procedure Act. It is also expected that a second emergency action will be necessary at the December 2019 Regents meeting to ensure that the emergency rule remains in effect until it can be adopted as a permanent rule.

The purpose of the proposed amendment is to conform the Department’s regulations to statutory amendments to Education Law 3012-d pursuant to Part YYY of Chapter 59 of the Laws of 2019. The purpose of the regulations is to improve the quality of teaching and learning by ensuring that teachers and school leaders receive annual evaluations consistent with the State’s Teaching and Leadership Standards leading to opportunities for professional growth and to meet the learning needs of their students.

The 2019-2020 Enacted Budget makes several changes to Education Law § 3012-d, which governs annual teacher and principal evaluations. The key changes include:

• Required Student Performance Measures

o Eliminates the requirement to use the State Growth Model for teachers of grades 4-8, building principals covering those grade levels, and high school principals (all of grades 9-12).

[] All educators would instead have a Student Learning Objective (SLO).

o Eliminates the requirement that State-created or administered assessments be used as the evidence for SLOs where they exist.

o The selection and use of the assessment(s) for an educator’s SLO is now subject to collective bargaining, rather than district determined.

• Optional Student Performance Measures

o Eliminates the requirement that optional student performance measures be based either on a second State-provided growth score or a growth score based on a supplemental assessment that uses a State-provided or approved statistical growth model.

[] Instead, the Department will define optional measures of student performance based on State-created, administered, or approved assessments that districts may then collectively bargain to use.

o Where a school district collectively bargains to use optional student performance measures, the statutory amendments also eliminate the existing requirement that an educator receive a rating of Ineffective on their overall evaluation if their Student Performance Category rating is Ineffective.

Although the Enacted Budget makes significant changes to the Student Performance Category of the evaluation system, it does not substantively change any other aspects of the current system, including:

• Requirements for teacher observations and principal school visits, including the requirement that at least one be conducted by an independent evaluator.

• Requirements for calculating overall ratings using the statutory matrix.

• Requirements for teacher and principal improvement plans for educators who receive an overall rating of Developing or Ineffective in the prior school year.

• Requirements for summative evaluation ratings to be a “significant factor” in all employment-related decisions.

The proposed rule conforms the regulations to the provisions of the 2019 legislation by making the following substantive changes to Subparts 30-2 and 30-3 of the Rules of the Board of Regents.

The existing Subpart 30-2, relating to evaluations conducted pursuant to Education Law § 3012-c, is repealed.

The existing Subpart 30-3 is renumbered to Subpart 30-2. The title of this new Subpart 30-2 and sections 30-2.1, 30-2.3, and 30-2.17 are amended to clarify that Subpart 30-2 only applies to APPRs conducted prior to the 2019-20 school year or those conducted pursuant to a collective bargaining agreement (CBA) entered into on or before April 12, 2019 which remains in effect on or after April 12, 2019 until a subsequent agreement is reached; provided further, however, that any assessments used in determining transition scores and ratings shall be used in determining scores and ratings pursuant to Subpart 30-2 instead of the grades three through eight English language arts and mathematics state assessments and/or any state growth model until the entry into a successor collective bargaining agreement.

A new Subpart 30-3 is added to implement the amended evaluation law.

Where practicable, existing requirements for teacher and principal evaluations are carried over in their entirety. Below is a description of the areas where substantive changes from existing requirements have been made to implement the provisions of Chapter 59 of the Laws of 2019.

Section 30-3.1 clarifies that the new evaluation system only applies to CBAs entered into after April 12, 2019. It further clarifies that nothing in the new Subpart shall be construed to abrogate any conflicting provisions of any CBA in effect on and after April 12, 2019 during the term of such agreement and until entry into a successor CBA; provided further, however, that any assessments used in determining transition scores and ratings shall be used in determining scores and ratings pursuant to Subpart 30-2 instead of the grades three through eight English language arts and mathematics state assessments and/or any state growth model until the entry into a successor collective bargaining agreement. As required by the Education Law, it further clarifies that APPRs shall be a significant factor for employment decisions and teacher and principal development, consistent with the requirements of the law. It also clarifies the unfettered right to terminate a probationary teacher or principal for any statutorily and constitutionally permissible reason.

Section 30-3.4 describes the standards and criteria for conducting APPRs of classroom teachers under the amended law. The law requires teachers to be evaluated based on two categories: the student performance category and the teacher observation category.

Section 30-3.5 describes the standards and criteria for conducting APPRs of building principals under the amended law. The law requires the Commissioner to establish a principal evaluation system that is aligned to the teacher evaluation system set forth in Education Law § 3012-d. To implement the law, the proposed amendment requires building principals to be evaluated based on two categories: the student performance category and the school visit category.

Section 30-3.16 describes a process which permits a district or BOCES to apply for a variance from one or more of the provisions of this Subpart to meet specific needs and circumstances of the district or BOCES so long as such plan remains consistent with the requirements of Education Law § 3012-d.

Section 30-3.17 provides for the severability of each section of this Subpart.

The amendment does not impose any new recordkeeping or other compliance requirements and will not have an adverse economic impact on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it does not affect small businesses or local governments, no further steps 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.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

This proposed amendments apply 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 are necessary to conform the Department’s regulations to statutory amendments to Education Law 3012-d pursuant to Part YYY of Chapter 59 of the Laws of 2019. The purpose of the regulations is to improve the quality of teaching and learning by ensuring that teachers and school leaders receive annual evaluations consistent with the State’s Teaching and Leadership Standards leading to opportunities for professional growth and to meet the learning needs of their students.

The 2019-2020 Enacted Budget makes several changes to Education Law § 3012-d, which governs annual teacher and principal evaluations. The key changes include:

• Required Student Performance Measures

o Eliminates the requirement to use the State Growth Model for teachers of grades 4-8, building principals covering those grade levels, and high school principals (all of grades 9-12).

[] All educators would instead have a Student Learning Objective (SLO).

o Eliminates the requirement that State-created or administered assessments be used as the evidence for SLOs where they exist.

o The selection and use of the assessment(s) for an educator’s SLO is now subject to collective bargaining, rather than district determined.

• Optional Student Performance Measures

o Eliminates the requirement that optional student performance measures be based either on a second State-provided growth score or a growth score based on a supplemental assessment that uses a State-provided or approved statistical growth model.

[] Instead, the Department will define optional measures of student performance based on State-created, administered, or approved assessments that districts may then collectively bargain to use.

o Where a school district collectively bargains to use optional student performance measures, the statutory amendments also eliminate the existing requirement that an educator receive a rating of Ineffective on their overall evaluation if their Student Performance Category rating is Ineffective.

Although the Enacted Budget makes significant changes to the Student Performance Category of the evaluation system, it does not substantively change any other aspects of the current system, including:

• Requirements for teacher observations and principal school visits, including the requirement that at least one be conducted by an independent evaluator.

• Requirements for calculating overall ratings using the statutory matrix.

• Requirements for teacher and principal improvement plans for educators who receive an overall rating of Developing or Ineffective in the prior school year.

• Requirements for summative evaluation ratings to be a “significant factor” in all employment-related decisions.

The proposed rule conforms the regulations to the provisions of the 2019 legislation by making the following substantive changes to Subparts 30-2 and 30-3 of the Rules of the Board of Regents.

The existing Subpart 30-2, relating to evaluations conducted pursuant to Education Law § 3012-c, is repealed.

The existing Subpart 30-3 is renumbered to Subpart 30-2. The title of this new Subpart 30-2 and sections 30-2.1, 30-2.3, and 30-2.17 are amended to clarify that Subpart 30-2 only applies to APPRs conducted prior to the 2019-20 school year or those conducted pursuant to a collective bargaining agreement (CBA) entered into on or before April 12, 2019 which remains in effect on or after April 12, 2019 until a subsequent agreement is reached; provided further, however, that any assessments used in determining transition scores and ratings shall be used in determining scores and ratings pursuant to Subpart 30-2 instead of the grades three through eight English language arts and mathematics state assessments and/or any state growth model until the entry into a successor collective bargaining agreement.

A new Subpart 30-3 is added to implement the amended evaluation law.

Where practicable, existing requirements for teacher and principal evaluations are carried over in their entirety. Below is a description of the areas where substantive changes from existing requirements have been made to implement the provisions of Chapter 59 of the Laws of 2019.

Section 30-3.1 clarifies that the new evaluation system only applies to CBAs entered into after April 12, 2019. It further clarifies that nothing in the new Subpart shall be construed to abrogate any conflicting provisions of any CBA in effect on and after April 12, 2019 during the term of such agreement and until entry into a successor CBA; provided further, however, that any assessments used in determining transition scores and ratings shall be used in determining scores and ratings pursuant to Subpart 30-2 instead of the grades three through eight English language arts and mathematics state assessments and/or any state growth model until the entry into a successor collective bargaining agreement. As required by the Education Law, it further clarifies that APPRs shall be a significant factor for employment decisions and teacher and principal development, consistent with the requirements of the law. It also clarifies the unfettered right to terminate a probationary teacher or principal for any statutorily and constitutionally permissible reason.

Section 30-3.4 describes the standards and criteria for conducting APPRs of classroom teachers under the amended law. The law requires teachers to be evaluated based on two categories: the student performance category and the teacher observation category.

Section 30-3.5 describes the standards and criteria for conducting APPRs of building principals under the amended law. The law requires the Commissioner to establish a principal evaluation system that is aligned to the teacher evaluation system set forth in Education Law § 3012-d. To implement the law, the proposed amendment requires building principals to be evaluated based on two categories: the student performance category and the school visit category.

Section 30-3.16 describes a process which permits a district or BOCES to apply for a variance from one or more of the provisions of this Subpart to meet specific needs and circumstances of the district or BOCES so long as such plan remains consistent with the requirements of Education Law § 3012-d.

Section 30-3.17 provides for the severability of each section of this Subpart.

3. COSTS:

The proposed amendment does not impose any additional costs on school districts and BOCES.

4. MINIMIZING ADVERSE IMPACT:

The Department is required by Education Law 3012-d to develop uniform standards for Annual Professional Performance Review plans 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 amendments to § § 30-2 and 30-3 of the Rules of the Board of Regents is to update Annual Professional Performance Review (APPR) requirements for school districts and BOCES. Under existing regulations, school districts and BOCES are required to develop Annual Professional Performance Review plans. The purpose of these plans is to improve the quality of teaching and learning by ensuring that teachers and school leaders receive annual evaluations consistent with the State’s Teaching and Leadership Standards leading to opportunities for professional growth and to meet the learning needs of their students.

The Department is proposing to revise the requirements for APPR plans to ensure that these regulations are consistent with statutory amendments to Education Law 3012-d pursuant to Chapter 59 of the Laws of 2019. The Department is also repealing and replacing certain regulations related to APPR plans for teachers and school leaders only relevant to Education Law 3012-c, which is only applicable to APPRs conducted prior to the 2016-17 school year.

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.