FAQs About The New Teacher and Principal Evaluation Law (Education Law 3012-c)

From: Michael Mulgrew mmulgrew@uft.org
To:
Sent: Tue, May 11, 2010 8:21 pm
Subject: Union and state create new teacher evaluation and improvement plan

Dear Colleague,

On Monday, the UFT, NYSUT and the State Education Department reached a new agreement — subject to legislative approval — to create a teacher evaluation and improvement plan.

As we all know, the current evaluation system is too subjective and too dependent on the whims of administrators. We also know many so-called reformers have long fought to base evaluations solely on test scores, something that we have adamantly opposed.

We have long sought an evaluation process based on multiple measures. We were emphatic on that point, as well as the necessity of teacher voice in the process.

Under the new agreement, which would take effect in September 2011, the majority of an individual’s evaluation is based on qualitative measures that may include observations, student portfolios and projects.

If a teacher is identified as ineffective, there will now be a genuine teacher improvement process to support his or her professional growth before any disciplinary action is taken. This is an unprecedented requirement in an evaluation system.

This new process will allow the rest of the state to follow the rubber room agreement we recently reached for those facing incompetence charges.

Here’s what you need to know:

This process is much more objective than the current process.
This process includes much more teacher voice.
This process includes a true teacher improvement plan.
This process limits the emphasis on standardized tests.

Michael Mulgrew
United Federation of Teachers • A Union of Professionals
52 Broadway, New York, NY 10004 • 1-212-777-7500 
 
Questions and Answers Related to Collective Bargaining Agreements and the New Comprehensive Teacher and Principal Evaluation Law (Education law §3012-c as added by Chapter 103 of the Laws of 2010)
LINK


1. Q. What is the effective date of Education Law §3012-c?

A. Education Law §3012-c, which establishes a new statewide comprehensive evaluation system for classroom teachers and building principals based on multiple measures of effectiveness, takes effect July 1, 2010. However, the law provides for a phase-in of the new comprehensive evaluation system, including prescribed student achievement measures, beginning with the 2011-2012 school year.

2. Q. What is the phase-in schedule under the law?

A. The law provides for a phase-in of the new evaluation system and percentage of student achievement measures as follows:

2011-2012 school year

The system will apply to classroom teachers in the common branch subjects or ELA and math in grades 4-8 and to school principals in buildings in which these teachers are employed. 20 percent of the evaluation shall be based upon student growth data on State assessments or comparable measures, and 20 percent shall be based on other locally-selected measures that are rigorous and comparable across classrooms in accordance with standards prescribed by the Commissioner.

2012-2013 school year and subsequent years before the Board of Regents approval of a value-added model:

The new evaluation system will apply to all classroom teachers and building principals. 20 percent of the evaluation shall be based upon student growth data on State assessments or comparable measures, and 20 percent shall be based on other locally-selected measures that are rigorous and comparable across classrooms in accordance with standards prescribed by the Commissioner.

Subsequent years following Regents approval of a value-added model for all classroom teachers and principals:

Upon adoption of a value-added model, all classroom teachers and building principals will be required to be evaluated in accordance with the following: 25 percent of the evaluation shall be based upon student growth data on State assessments or comparable measures, and 15 percent on other locally selected measures that are rigorous and comparable across classrooms in accordance with standards prescribed by the Commissioner.

The remaining 60 percent of the evaluations and ratings would be based on locally developed measures that meet standards prescribed by the Commissioner.

Relationship of the New Law to Existing Agreements

3. Q. What is the relationship of the new law to evaluation provisions contained in existing collective bargaining agreements? What are the immediate obligations of school districts and BOCES?

A. Education Law §3012-c requires that all collective bargaining agreements for teachers and building principals entered into after July 1, 2010 be consistent with its provisions. It further provides that any conflicting provisions of collective bargaining agreements in effect on July 1, 2010 are not abrogated and remain in effect until there is a successor agreement. In such case, upon entry into a successor agreement, the provisions of Education Law §3012-c apply and the successor agreement must be consistent with the provisions of this section. For example, a successor agreement cannot require that only 15% of all classroom teachers’ evaluations be based on student growth on State assessments. This would be inconsistent with Education Law §3012-c.

4. Q. What if my district’s or BOCES’ collective bargaining agreement is effective for three more years? Does the law permit us to modify the evaluation provisions of our contract sooner?

A. Yes. The law specifically permits districts, BOCES and their local collective bargaining agents to re-negotiate the evaluation provisions in their collective bargaining agreements at any time. It is also possible for a school district or BOCES and their respective teachers’ or principals’ union to enter into agreements outside their collective bargaining contract to re-negotiate their evaluation process to be consistent with the provisions of Education Law §3012-c. The Department strongly encourages parties with ongoing contracts to consider re-negotiating any inconsistent provisions in their agreements as soon as possible to hasten statewide implementation of the new evaluation system.

Incorporating the Provisions of the New Law Into Agreements

5. Q. If a school district or BOCES’ collective bargaining agreement expires after July 1, 2010, how should the provisions of the new law be incorporated, particularly when implementing regulations have not yet been developed?

A. As noted above, any new collective bargaining agreements must be consistent with the provisions of the new law.

6. Q. Do new contracts need to reference all the provisions of the new law, i.e., percentages relating to teacher and principal effectiveness and student growth?

A. No. New collective bargaining agreements do not need to reference all the provisions of the new law. The new agreements and any evaluation system for teachers and principals, however, shall not be inconsistent with the provisions of Education Law 3012-c.

7. Q. Must agreements negotiated after July 1, 2010, include provisions linking teacher and principal evaluations and ratings to supplemental compensation?

A. Pursuant to Education Law section 3012-c all collective bargaining agreements applicable to classroom teachers and building principals entered into after July 1, 2010 shall be consistent with the new law. The law requires that the new evaluations be a significant factor for employment decisions, including, but not limited to promotion, retention, tenure determination, termination and supplemental compensation as well as teacher and principal professional development. What this means is that any new agreements entered into after this date must allow for the new teacher and principal evaluations to be a significant factor in employment decisions, including, but not limited to, supplemental compensation, in accordance with the phase in schedule required by the law.

8. Q. What happens if my district’s or BOCES’ collective bargaining agreement expires after July 1, 2010, but contract negotiations are stalled and a new agreement cannot be reached?

A. Education Law §3012-c provides that any inconsistent provisions in an agreement in effect on July 1, 2010 continue until entry into a successor agreement. While contractprovisions may not be abrogated during this period, districts and BOCES must continue to abide by the applicable provisions of the APPR regulation (see below).

Interplay Between New Law (Education Law §3012-c) and Existing APPR Regulation (8 NYCRR §100.2[o])

9. Q. How does the new law relate to §100.2(o) of the Commissioner’s regulations governing the Annual Professional Performance Review (APPR) of teachers? Are school districts and BOCES required to comply with §100.2(o) of the Commissioner’s regulations governing the APPR of teachers for the 2010-2011 school year?

A. The new statewide evaluation system established by section 3012-c builds on, not eliminates, the existing APPR regulations. Specifically, Education Law §3012-c(3) provides:

Nothing in this section shall be construed to excuse school districts or boards of cooperative educational services from complying with the standards set forth in the regulations of the commissioner for conducting annual professional performance reviews of classroom teachers or principals, including but not limited to required quality rating categories, in conducting evaluations prior to July first, two thousand eleven, or, for classroom teachers or principals subject to paragraph (c) of subdivision two of this section, prior to July 1, two thousand twelve.

Therefore, school districts and BOCES must comply with the requirements in §100.2(o) of the Commissioner’s regulations for all classroom teachers prior to July 1, 2011 and thereafter as the provisions of the new law phase in. In other words, even during the first year of the new comprehensive statewide system (i.e. 2011-2012), school districts and BOCES must comply with the applicable provisions of §100.2(o) for all classroom teachers, even for those whom the new statutory system has not yet phased in. In effect, during the phase-in of the new system, districts and BOCES will be operating a dual system of evaluations.

Recent amendments to §100.2(o) apply to all classroom teacher evaluations conducted on or after July 1, 2011. Among other things, the revised APPR regulations require that annual evaluations incorporate student growth and use four prescribed rating categories (highly effective, effective, developing and ineffective). As noted above, these provisions will be effective for all classroom teachers beginning July 1, 2011 as the new law phases in. Companion regulations for principals are currently under consideration.

Additional amendments to the Commissioner’s regulations to incorporate the new statutory system will be required following a process which will consider input from a newly formed teacher and principal effectiveness advisory committee (Regents Task Force on Teacher and Principal Effectiveness). It is anticipated that those amendments will be considered by the Board of Regents in early spring 2011.

10. Q. Can a school district or BOCES still seek a variance from the requirements set forth in §100.2(o) of the Commissioner’s regulations?

A. Yes, limited variances continue to be available. Section 100.2(o)(2)(vi) of the Commissioner’s regulations provide:

1. A variance shall be granted from a requirement of this paragraph, upon a finding by the commissioner that a school district or BOCES has executed prior to May 1, 2010, an agreement negotiated pursuant to article 14 of the Civil Service Law whose terms continue in effect and are inconsistent with such requirement.

2. A variance shall be granted from the criteria for the evaluation of teachers providing instructional services, prescribed in subclause (iv)(b)(1) of this paragraph, upon a finding by the commissioner that the school district or BOCES has demonstrated that a local model for the evaluation of such teachers has produced successful results.

Therefore, a school district or BOCES may be granted a variance from certain provisions of §100.2(o) if the Commissioner finds that a provision in a collective bargaining agreement executed prior to May 1, 2010 is inconsistent with a requirement in the regulation. Any such variance would only be effective until the school district or BOCES enters into a successor agreement. As noted above, all agreements entered into after July 1, 2010 must be consistent with the new law and incorporate its provisions.

A variance permitting a local model for the evaluation of teachers will continue to be available up through June 30, 2011. At that point, as the new law phases in, variances will need to be restricted to situations that are not inconsistent with the provisions of the law. It is anticipated that the variance provisions in §100.2(o) may be further revised in future regulatory amendments.

Teaching Standards and Evaluation Resources