What's happening
This bill reforms New York education law by changing teacher evaluations, expanding charter schools, and updating nonpublic school and anti-discrimination regulations.
Why it matters
Teacher Evaluation and Tenure. The bill revamps the annual professional performance review (APPR) process by repealing existing statutes and replacing them with a system determined through collective bargaining. This change potentially gives teachers' unions more negotiating power over evaluation criteria, the use of student testing, and the ratings system, which could impact hiring, firing, and tenure decisions across districts.
Expansion of Charter Schools. By raising the statewide cap on charter schools from 460 to 560, the bill paves the way for a significant increase in the number of charter schools that can operate in New York. This could intensify competition for public school funding and students, especially in large cities, and influence educational choices and outcomes for families.
Nonpublic School Oversight. The legislation alters how “substantial equivalence” of instruction is determined for certain nonpublic (including religious) schools. It introduces new, detailed academic criteria and a process that relies on designated experts familiar with these schools’ unique curricula. The new approach may affect the autonomy and accountability of nonpublic schools and the rights of parents who choose them.
Anti-Discrimination Protections in Public Education. By expanding the definition of “educational institution” in the state’s human rights law to explicitly include public schools, the bill extends anti-discrimination and anti-harassment protections. This ensures that students and applicants in public educational settings have broader legal recourse if subjected to discrimination based on race, religion, disability, gender, and other protected categories.
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Who cares
Headline styles
Change Teacher Evaluation Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to education
- Delivered to assembly
- Passed senateVote 35–25
- Ordered to third reading cal.2075
- Referred to rules
Full text
16 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8992
IN SENATE
June 11, 2018
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 of classroom teachers and building principals; in relation to increasing the number of charters issued; to amend the executive law, in relation to expanding the scope of… Show allHide
AN ACT to amend the education law, in relation to annual professional performance review of classroom teachers and building principals; in relation to increasing the number of charters issued; to amend the executive law, in relation to expanding the scope of unlawful discriminatory practices to include public educational institutions; to amend subpart B of part AA of chapter 56 of the laws of 2014 amending the education law relating to providing that standardized test scores shall not be included on a student's permanent record, in relation to making such provisions permanent; to amend the education law, in relation to reducing the probationary period for assistants and other superintendents, teachers and other employees; and to repeal certain provisions of the education law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3012-c of the education law is REPEALED.
§ 2. Section 3012-d of the education law is REPEALED.
§ 3. The education law is amended by adding a new section 3012-b to read as follows:
§ 3012-b. Annual professional performance review of classroom teachers and building principals. 1. Notwithstanding any other provision of law, rule or regulation to the contrary, the annual professional performance reviews of all classroom teachers and building principals employed by school districts or boards of cooperative educational services shall be conducted in accordance with the provisions of this section.
2. Annual professional performance reviews shall be determined through collective bargaining, provided however that the content of such annual professional performance reviews shall comply with the provisions of subdivision forty-nine of section three hundred five of this chapter and shall not unnecessarily increase the amount of tests students are required to take in a particular school year. The department may issue guidelines to help school districts and boards of cooperative educa-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15921-12-8
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tional services determine the content of such annual professional performance reviews.
3. Classroom teachers and building principals shall receive final annual professional performance review ratings of either: (i) highly effective; (ii) effective; (iii) developing; or (iv) ineffective. The process and parameters for determining each rating shall be determined by the school district or board of cooperative educational services through collective bargaining.
4. Notwithstanding any other provision of law, rule, or regulation to the contrary until a successor collective bargaining agreement is entered into, the provisions of the collective bargaining agreement in effect on the effective date of this section relating to annual professional performance reviews conducted pursuant to former section three thousand twelve-d of this article shall remain in effect.
5. Notwithstanding any other provision of law, rule or regulation to the contrary, all collective bargaining agreements entered into after the effective date of this section shall be consistent with the requirements of this section, unless the agreement relates to the two thousand seventeen--two thousand eighteen school year only. Nothing in this section shall be construed to abrogate any conflicting provisions of any collective bargaining agreement in effect prior to the effective date of this section during the term of such agreement and until the entry into a successor collective bargaining agreement, provided that notwithstanding any other provision of law to the contrary, upon expiration of such term and the entry into a successor collective bargaining agreement the provisions of this section shall apply.
§ 4. Subdivision 9 of section 2852 of the education law, as amended by section 2 of subpart A of part B of chapter 20 of the laws of 2015, is amended to read as follows:
9. The total number of charters issued pursuant to this article statewide shall not exceed four hundred sixty. (a) All charters issued on or after July first, two thousand fifteen and counted toward the numerical limits established by this subdivision shall be issued by the board of regents upon application directly to the board of regents or on the recommendation of the board of trustees of the state university of New York pursuant to a competitive process in accordance with subdivision nine-a of this section. [Fifty] Ninety percent of such charters issued annually on or after [July first, two thousand fifteen,] the effective date of the chapter of the laws of two thousand eighteen that amended this subdivision and no more, shall be granted to a charter for a school to be located in a city having a population of one million or more. The failure of any body to issue the regulations authorized pursuant to this article shall not affect the authority of a charter entity to propose a charter to the board of regents or the board of regents' authority to grant such charter. A conversion of an existing public school to a charter school, or the renewal or extension of a charter approved by any charter entity, shall not be counted toward the numerical limits established by this subdivision.
(b) A charter that has been surrendered, revoked or terminated [on or before July first, two thousand fifteen], including a charter that has not been renewed by action of its charter entity, may be reissued pursuant to paragraph (a) of this subdivision by the board of regents either upon application directly to the board of regents or on the recommendation of the board of trustees of the state university of New York pursuant to a competitive process in accordance with subdivision nine-a of this section. Provided that such reissuance shall not be counted toward
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the statewide numerical limit established by this subdivision[, and provided further that no more than twenty-two charters may be reissued pursuant to this paragraph].
(c) For purposes of determining the total number of charters issued within the numerical limits established by this subdivision, the approval date of the charter entity shall be the determining factor.
(d) Notwithstanding any provision of this article to the contrary, any charter authorized to be issued by chapter fifty-seven of the laws of two thousand seven effective July first, two thousand seven, and that remains unissued as of July first, two thousand fifteen, may be issued pursuant to the provisions of law applicable to a charter authorized to be issued by such chapter in effect as of June fifteenth, two thousand fifteen[; provided however that nothing in this paragraph shall be construed to increase the numerical limit applicable to a city having a population of one million or more as provided in paragraph (a) of this subdivision, as amended by a chapter of the laws of two thousand fifteen which added this paragraph].
§ 5. Subdivision 9 of section 2852 of the education law, as amended by section 2 of subpart A of part B of chapter 20 of the laws of 2015, is amended to read as follows:
9. The total number of charters issued pursuant to this article statewide shall not exceed [four] five hundred sixty. (a) All charters issued on or after July first, two thousand fifteen and counted toward the numerical limits established by this subdivision shall be issued by the board of regents upon application directly to the board of regents or on the recommendation of the board of trustees of the state university of New York pursuant to a competitive process in accordance with subdivision nine-a of this section. [Fifty of such charters issued on or after July first, two thousand fifteen, and no more, shall be granted to a charter for a school to be located in a city having a population of one million or more.] The failure of any body to issue the regulations authorized pursuant to this article shall not affect the authority of a charter entity to propose a charter to the board of regents or the board of regents' authority to grant such charter. A conversion of an existing public school to a charter school, or the renewal or extension of a charter approved by any charter entity, shall not be counted toward the numerical limits established by this subdivision.
(b) A charter that has been surrendered, revoked or terminated [on or before July first, two thousand fifteen], including a charter that has not been renewed by action of its charter entity, may be reissued pursuant to paragraph (a) of this subdivision by the board of regents either upon application directly to the board of regents or on the recommendation of the board of trustees of the state university of New York pursuant to a competitive process in accordance with subdivision nine-a of this section. Provided that such reissuance shall not be counted toward the statewide numerical limit established by this subdivision[, and provided further that no more than twenty-two charters may be reissued pursuant to this paragraph].
(c) For purposes of determining the total number of charters issued within the numerical limits established by this subdivision, the approval date of the charter entity shall be the determining factor.
(d) Notwithstanding any provision of this article to the contrary, any charter authorized to be issued by chapter fifty-seven of the laws of two thousand seven effective July first, two thousand seven, and that remains unissued as of July first, two thousand fifteen, may be issued pursuant to the provisions of law applicable to a charter authorized to
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be issued by such chapter in effect as of June fifteenth, two thousand fifteen[; provided however that nothing in this paragraph shall be construed to increase the numerical limit applicable to a city having a population of one million or more as provided in paragraph (a) of this subdivision, as amended by a chapter of the laws of two thousand fifteen which added this paragraph].
§ 5-a. The opening paragraph of paragraph (a) of subdivision 9-a of section 2852 of the education law, as amended by section 2 of subpart A of part B of chapter 20 of the laws of 2015, is amended to read as follows:
The board of regents is hereby authorized and directed to issue [four] five hundred sixty charters statewide upon either applications submitted directly to the board of regents or upon the recommendation of the board of trustees of the state university of New York pursuant to a competitive request for proposals process.
§ 6. Subdivision 2 of section 3204 of the education law, as amended by section 1 of part SSS of chapter 59 of the laws of 2018, is amended to read as follows:
2. Quality and language of instruction; text-books. (i) Instruction may be given only by a competent teacher. In the teaching of the subjects of instruction prescribed by this section, English shall be the language of instruction, and text-books used shall be written in English, except that for a period of three years, which period may be extended by the commissioner with respect to individual pupils, upon application therefor by the appropriate school authorities, to a period not in excess of six years, from the date of enrollment in school, pupils who, by reason of foreign birth or ancestry have limited English proficiency, shall be provided with instructional programs as specified in subdivision two-a of this section and the regulations of the commissioner. The purpose of providing such pupils with instruction shall be to enable them to develop academically while achieving competence in the English language. Instruction given to a minor elsewhere than at a public school shall be at least substantially equivalent to the instruction given to minors of like age and attainments at the public schools of the city or district where the minor resides.
(ii) For purposes of considering substantial equivalence pursuant to this subdivision for nonpublic elementary and middle schools that are: (1) non-profit corporations, (2) have a bi-lingual program, and (3) have an educational program that extends from no later than nine a.m. until no earlier than four p.m. for grades one through [three, and no earlier than five thirty p.m. for grades four through] eight, on the majority of weekdays to meet the requirements of this section, the department shall consider the following, but not limited to: if the curriculum provides academically rigorous instruction that develops critical thinking skills in the school's students, taking into account the entirety of the curriculum, over the course of elementary and middle school, including instruction in English [that will] to prepare pupils to read fiction and nonfiction text for information and to use that information to construct written essays that state a point of view or support an argument; instruction in mathematics [that will] to prepare pupils to solve real world problems using both number sense and fluency with mathematical functions and operations; instruction in history [by being able] to prepare pupils to interpret and analyze primary text to identify and explore important events in history, to construct written arguments using the supporting information they get from primary source material, demonstrate an understating of the role of geography and economics in
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the actions of world civilizations, and an understanding of civics and the responsibilities of citizens in world communities; and instruction in science [by learning] to teach pupils how to gather, analyze and interpret observable data to make informed decisions and solve problems mathematically, using deductive and inductive reasoning to support a hypothesis, and how to differentiate between correlational and causal relationships.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to annual professional performance review of classroom teachers and building principals; in relation to increasing the number of charters issued; to amend the exec- utive law, in relation to expanding the scope of unlawful discriminatory practices to include public educational institutions; to amend subpart B of part AA of chapter 56 of the laws of 2014 amending the education law relating to providing that standardized test scores shall not be included on a student's permanent record, in relation to making such provisions permanent; to amend the education law, in relation to reduc- ing the probationary period for assistants and other superintendents, teachers and other employees; and to repeal certain provisions of the education law relating thereto
Purpose
This legislation would create a number of reforms to make New York's education system more efficient, to provide more opportunities for localized control of educational decisions, to make the education system more focused on providing students across the state with ample opportu- nities for success in the classroom, and to ensure the New York's educa- tors are provided an opportunity to assist their students meaningfully.
Summary of provisions
Section 1 repeals Education Law section 3012-c, which addresses Annual professional performance review of classroom teachers and building prin- cipals.
Read the full memo (734 words)
Section 2 repeals Education Law section 3012-d, which addresses Annual teacher and principal evaluations.
Section 3 adds a new Education Law section 3012-b, which creates a mech- anism for annually evaluating teachers and principals.
Section 4 amends Education Law section 2852(9) by adding flexibility to the limits on charter schools.
Sections 5 and 5-a amend Education Law section 2852(9) expands the cap on the number of authorized charter schools from 460 to 560 when the cap of 460 is reached.
Section 6 amends Education Law section 3204 to provide additional guid- ance on substantial equivalence taught in non-public schools.
Section 7 adds a new Executive Law section 292(35) to define educational institutions, and include such educational institutions under the juris- diction of the Division of Human Rights.
Section 8 amends Executive Law section 296(4) to make harassment based on enumerated classes at educational institutions an unlawful discrimi- natory practice.
Section 9 makes permanent a prohibition of including standardized test scores in a student's permanent record. Sections 10 through 14 reduce the tenure period for various education professions by one year each.
Section 15 contains the effective date.
Justification
New York State is home to the most passionate teachers and educational professionals in the nation. This bill seeks to ensure that hardworking, passionate professionals in the education field can have certainty in their careers by reducing the tenure times by one year, which will allow these professionals to have more certainty in their careers and personal developments within a community. This bill also reforms the evaluation process for teachers, which will allow them to be more focused on deliv- ering quality education to their students in an efficient manner.
This legislation also contains a number of provisions that ensure that students across the state can have access to educational opportunities that fit their needs and make them stronger learners. This legislation provides for more localized input on educational decisions, which allows for community-centered education outcomes while still ensuring New York State provides its students a strong education.
Prior legislative history
This is a new bill.
Fiscal implications
This bill would have no fiscal impact.
Effective date
This act shall take effect immediately; provided, however, that: (a) the amendments to subdivisions 9 and 9-a of section 2852 of the education law made by sections five and five-a of this act shall take effect upon the state university charter school institute, in consultation with the state education department, certifying that the cap of four hundred sixty charters has been reached, when upon such date the provisions of section four of this act shall be deemed repealed; and (b) the state education department shall notify the legislative bill drafting commis- sion upon the occurrence of the enactment of the legislation provided for in subdivision (a) of this section in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.