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March 15, 2012

Teacher and principal evaluation system to be enacted into law

Teacher and principal evaluation system to be enacted into law 
Source: Office of the Governor

On March 14, 2012 Governor Andrew M. Cuomo, Senate Majority Leader Skelos, and Assembly Speaker Sheldon Silver announced an agreement on legislation to put the Governor's new groundbreaking teacher and principal evaluation system into law, firmly establishing New York as a national leader in school accountability.

The Governor’s office reported that the new evaluation system “will provide clear standards and significant guidance to local school districts for implementation of teacher evaluations based on multiple measures of performance including student achievement and rigorous classroom observations.”

According to the Governor's office, the key elements of the legislation include:

Teacher Performance – 60 points

Under the legislation, 60 percent of a teacher's evaluation will be based on rigorous and nationally recognized measures of teacher performance. The legislation requires that a majority of the teacher performance points will be based on classroom observations by an administrator or principal, and at least one observation will be unannounced. The remaining points will be based upon defined standards including observations by independent trained evaluators, peer classroom observations, student and parent feedback from evaluators, and evidence of performance through student portfolios.

Student Achievement in State and Local Assessments– 40 points

Under the legislation, 40 percent of a teacher's evaluation will be based on student academic achievement, with 20 percent from state testing and 20 percent from a list of three testing options including state tests, third party assessments/tests approved by the SED and locally developed tests that will be subject to SED review and approval. Under the plan, school districts will also have the option of using state tests to measure up to 40 percent of a teacher's rating.

Rating System

The legislation significantly tightens the scoring system to ensure student achievement and teacher performance are both properly taken into account for teacher ratings. Teachers or principals that are rated ineffective in the 40 points could not receive a developing score overall.
Highly Effective: 91 – 100
Effective: 75 – 90 

Developing: 65 – 74
Ineffective: 0 – 64

Point Allocation System for the Ratings

The legislation sets forth, for the first time, a standard for school districts and teacher unions to set the allocation of points for the teacher ratings. The points must be allocated in a manner that a teacher can receive one of the four ratings, and the SED Commissioner will be able to reject points that are unfairly allocated.

SED Commissioner Final Review

The legislation also, for the first time, gives the SED Commissioner the authority to approve or disapprove local evaluation plans that are deemed insufficient. This will add rigor to the process and ensure evaluation plans comply with the law.

New York City Expedited Appeals Process

The legislation also includes an expedited and streamlined appeals process for the New York City School District that becomes effective on January 17, 2013 if New York City and the UFT agree to an overall evaluation system.


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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com