New York Education Code § 3012-D

Annual teacher and principal evaluations
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§ 3012-d. Annual teacher and principal evaluations.  1. General\nprovisions. Notwithstanding any other provision of law, rule or\nregulation to the contrary, the annual teacher and principal evaluations\n(hereinafter, evaluations) implemented by districts shall be conducted\nin accordance with the provisions of this section. Such annual\nevaluations shall be a significant factor for employment decisions\nincluding but not limited to, promotion, retention, tenure\ndetermination, termination, and supplemental compensation. Such\nevaluations shall also be a significant factor in teacher and principal\ndevelopment including but not limited to coaching, induction support,\nand differentiated professional development. Provided, however, that for\nthe two thousand twenty-four--two thousand twenty-five school year and\nthereafter, school districts and boards of cooperative educational\nservices may conduct annual professional performance reviews pursuant to\nsection three thousand twelve-e of this article. In such case, the\nprovisions of this section shall not be applicable. Provided, however,\nannual teacher and principal evaluation plans adopted pursuant to this\nsection shall not be applicable after the two thousand thirty-one--two\nthousand thirty-two school year.\n  2. Definitions.\n  a. "District" shall mean school district and/or board of cooperative\neducational services, except that for purposes of subdivision eleven of\nthis section it shall only mean a school district;\n  b. "Principal" shall mean a building principal or an administrator in\ncharge of an instructional program of a board of cooperative educational\nservices;\n  c. "Student growth" shall mean the change in student achievement for\nan individual student between two or more points in time.\n  d. "State-designed supplemental assessment" shall mean a selection of\nstate tests or assessments developed or designed by the state education\ndepartment, or that the state education department purchased or acquired\nfrom (i) another state; (ii) an institution of higher education; or\n(iii) a commercial or not-for-profit entity, provided that such entity\nmust be objective and may not have a conflict of interest or appearance\nof a conflict of interest; such definition may include tests or\nassessments that have been previously designed or acquired by local\ndistricts, but only if the state education department significantly\nmodifies growth targets or scoring bands for such tests or assessments\nor otherwise adapts the test or assessment to the state education\ndepartment's requirements.\n  3. Ratings. The annual evaluations conducted pursuant to this section\nshall rate teacher and principal effectiveness using the following\ncategories: highly effective or "H", effective or "E", developing or "D"\nand ineffective or "I".\n  4. Categories. The annual evaluation system shall consist of multiple\nmeasures in two categories: student performance and teacher\nobservations.\n  a. Student performance category. Such category shall have at least one\nsubcomponent and an optional second subcomponent as follows:\n  (1) For the first subcomponent, a teacher shall have a student\nlearning objective (SLO) consistent with a goal-setting process\ndetermined or developed by the commissioner, that results in a student\ngrowth score; provided that, for any teacher whose course ends in a\nstate-created or administered assessment, such assessment may be used as\nthe underlying assessment for such SLO;\n  (2) For the optional second subcomponent, a district may locally\nselect a second measure in accordance with this subparagraph. Such\nsecond measure shall apply in a consistent manner, to the extent\npracticable, across the district and be either: (A) based on a\nstate-created or administered test, or (B) based on a state-designed\nsupplemental assessment. The optional second subcomponent shall provide\noptions for multiple assessment measures that are aligned to existing\nclassroom and sc

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