STATE OF NEW YORK
________________________________________________________________________
5326
2017-2018 Regular Sessions
IN SENATE
March 21, 2017
___________
Introduced by Sen. LANZA -- 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 use of student
testing results in annual teacher evaluations
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraph a of subdivision 4 of section 3012-d of the
2 education law, as added by section 2 of subpart E of part EE of chapter
3 56 of the laws of 2015, subparagraph 1 as amended by section 3 of
4 subpart C of part B of chapter 20 of the laws of 2015, is amended to
5 read as follows:
6 a. Student performance category. Such category shall have at least one
7 subcomponent and an optional second subcomponent as follows:
8 (1) For the first subcomponent, [(A) for a teacher whose course ends
9 in a state-created or administered test for which there is a state-pro-
10 vided growth model, such teacher shall have a state-provided growth
11 score based on such model, which shall take into consideration certain
12 student characteristics, as determined by the commissioner, including
13 but not limited to students with disabilities, poverty, English language
14 learner status and prior academic history and which shall identify
15 educators whose students' growth is well above or well below average
16 compared to similar students for a teacher's or principal's students
17 after the certain student characteristics above are taken into account;
18 and (B) for a teacher whose course does not end in a state-created or
19 administered test such teacher shall have] a student learning objective
20 (SLO) consistent with a goal-setting process determined or developed by
21 the commissioner, that results in a student growth score; provided that,
22 for any teacher whose course ends in a state-created or administered
23 assessment for which there is no state-provided growth model, such
24 assessment must be used as the underlying assessment for such SLO;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10736-01-7
S. 5326 2
1 (2) For the optional second subcomponent, a district may locally
2 select a second measure in accordance with this subparagraph. Such
3 second measure shall apply in a consistent manner, to the extent practi-
4 cable, across the district and be [either: (A) a second state-provided
5 growth score on a state-created or administered test under clause (A) of
6 subparagraph one of this paragraph, or (B)] a growth score based on a
7 state-designed supplemental assessment, calculated using a state-provid-
8 ed or approved growth model. The optional second subcomponent shall
9 provide options for multiple assessment measures that are aligned to
10 existing classroom and school best practices and take into consideration
11 the recommendations in the testing reduction report as required by
12 section one of subpart F of [the] chapter fifty-six of the laws of two
13 thousand fifteen [which added this section] regarding the reduction of
14 unnecessary additional testing.
15 The commissioner shall determine the weights and scoring ranges for
16 the subcomponent or subcomponents of the student performance category
17 that shall result in a combined category rating. The commissioner shall
18 also set parameters for appropriate targets for student growth for both
19 subcomponents, and the department must affirmatively approve and shall
20 have the authority to disapprove or require modifications of district
21 plans that do not set appropriate growth targets, including after
22 initial approval. The commissioner shall set such weights and parameters
23 consistent with the terms contained herein.
24 § 2. This act shall take effect immediately.