State Updates

Professional Reviews Tied to Aid Increases in 2015-16 and 2016-17

NYSASBO members have expressed concern about the connection between having an approved professional review plan and aid increases. SED has recently confirmed that two years of aid increases are at stake. Education Law section 3012-d requires that school districts have an approved plan for annual professional performance review in place by September 1, 2016 to receive aid increases for both 2015-16 and 2016-17 school years. The new plans must conform to the requirements of Education Law section 3012-d, as amended in June 2015.

School districts had previously negotiated labor contracts to include approved evaluation plans consistent with Education Law section 3012-c. Education Law section 3012-c required an evaluation system abased on a 100-point scale and was made up of 20 points from state tests, 20 points from local tests, and 60 points from teaching practice and teacher observation. The 3012-d plan has a matrix which determines the rating of teachers based on tests (although not state tests until 2018-19) and teaching practice -- there is no 100-point scale in 3012-d.

Education Law section 3012-d can be found here (select Education and then look for 3012-d).

Education Law section 3012-d, subdivision 11, linking approved plan to aid increases can be found below.

11. Notwithstanding any inconsistent provision of law, no school district shall be eligible for an apportionment of general support for public schools from the funds appropriated for the 2015--2016 school year and any year thereafter in excess of the amount apportioned to such school district in the respective base year unless such school district has submitted documentation that has been approved by the commissioner by November fifteenth, two thousand fifteen, or by September first of each subsequent year, demonstrating that it has fully implemented the standards and procedures for conducting annual teacher and principal evaluations of teachers and principals in accordance with the requirements of this section and the regulations issued by the commissioner. Provided further that any apportionment withheld pursuant to this section shall not occur prior to April first of the current year and shall not have any effect on the base year calculation for use in the subsequent school year. For purposes of this section, "base year" shall mean the base year as defined in paragraph b of subdivision one of section thirty-six hundred two of this chapter, and "current year" shall mean the current year as defined in paragraph a of subdivision one of section thirty-six hundred two of this chapter.

Guidance posted by the State Education Department on professional performance reviews required by Education Law section 3012-d is available here.

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