BILL NUMBER: S9054
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the education law, in relation to annual professional
performance reviews of teachers and principals; and to repeal section
3020-b of the education law relating to streamlined removal procedures
for teachers rated ineffective
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would create a new framework for professional performance
reviews.
 
SUMMARY OF PROVISIONS:
Sections 1 amends paragraphs a and b of subdivision 2-d of the education
law to make conforming changes to definitions of building principal and
classroom teacher.
Sections 2 through 5 of the bill amend sections 2509, 2573, and 3012 of
the education law to decouple professional performance reviews from the
granting of tenure for teachers and principals.
Section 6 amends section 3012-d of the education law to allow districts
and BOCES to begin using new plans for annual performance reviews nego-
tiated pursuant to section 3012-e of the education law beginning in the
2024-2025 school year. Districts and BOCES may continue to conduct annu-
al performance reviews pursuant to plans in compliance with section
3012-d until the 2031-2032 school year and must certify each year that
they are using either a plan in compliance with section 3012-d or
3012-e.
Section 7 adds a new section 3012-e of the education law to allow school
districts and BOCES to conduct performance reviews of teachers and prin-
cipals beginning in the 2024-25 school year pursuant to an agreement to
a collectively bargained agreement. Such plans must be approved by the
State Education Department and comply with the requirements of the
section.
Sections 8 and 9 of the bill make conforming changes to the sections
3014 and 3020 of the education law.
Section 10 repeals section 3020-b of the education law. Section 11 sets
forth the effective date.
 
JUSTIFICATION:
For three years during the COVID-19 pandemic (2019-20 to 2021-22), annu-
al professional performance reviews were paused in recognition of the
significant disruption of the pandemic for students, teachers, and
school communities. While APPR resumed in 2022-23, this pause provided
an opportunity to evaluate the current system and move forward with a
performance review process that prioritizes educator growth.
This bill would make permanent changes to the APPR process, allowing
districts and BOCES to negotiate their own performance review plans with
their local collective bargaining units pursuant to the requirements of
a new section 3012-e of the education law. These agreements would devel-
op a process by which districts and BOCES would rate educators from 1-4
on multiple measures and provide concrete opportunities for teachers
rated 1 and 2 to receive support from their district. Probationary
teachers -- new teachers -- would be required to receive annual evalu-
ations. Parents would receive the most recent score of their child's
teacher each year to provide appropriate transparency and accountabil-
ity.
Districts and BOCES would have eight years to transition to the new
system. By the 2031-32 school year, all districts would be required to
use a plan negotiated according to the new requirements and approved by
the State Education Department.
The current APPR statute is cumbersome and expensive, and has taken up
precious time and resources from administrators, supervisors and class-
room educators alike - all agree that changes must be made. This legis-
lation will provide a new framework to ensure a system of evaluations
that better serves our teachers, students, parents, and school communi-
ties.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S9054: 3020-b education law