In 2010, New York state adopted a new teacher evaluation law called Annual Professional Performance Review (APPR) that said 20 percent of a teacher’s evaluation would be based on student growth on a state assessment or other comparable measure; 20 percent would be based on student achievement on other locally selected measures; and 60 percent would be based on locally negotiated evidence of teacher effectiveness. Subsequently, NYSUT went to court to challenge State Education Department regulations that were not consistent with the law. A state Supreme Court decision largely in the union’s favor was then challenged by SED.
The settlement between NYSUT and SED that was announced a few months ago resolved the court case that prevents any adverse higher court actions and blocks the governor’s imposition of his own evaluation law through state aid. The settlement reinforces the 2010 law in all major aspects. Most importantly, it maintains the provision in the 2010 law that says the process for 80 percent of a teacher’s evaluation must be collectively bargained at the local district level. The major components of APPR must be bargained locally, including classroom observation procedures, the appeals process, Teacher Improvement Plan (TIP) procedures and local selection of measures of student achievement. Lead evaluators training. Teachers still will receive a rating (highly effective, effective, developing or ineffective) based on a composite score, comprised of three sub-components. Part one 20 percent will be measured on student growth based on a state-provided measure. Non-tested subjects will have a comparable measure of growth, which SED has determined will be created using Student Learning Objectives (SLO). Part two 20 percent will be measured on other locally selected measures of student growth or achievement. Part three 60 percent will be measured on other multiple measures of effective teaching. “Education Law §3012-c establishes new requirements for a comprehensive performance evaluation system for classroom teachers and building principals to be phased in commencing with the 2011-2012 school year.” In the 2011-2012 school year, the law only applies to classroom teachers of the common branch subjects, English Language Arts (ELA) and Mathematics in Grades 4-8 and the building principals of schools in which such teachers are employed. The APPR for all other teachers and principals will remain unchanged during the 2011-2012 school year. Those teachers and principals will be covered by the new system in the 2012-2013 school year. SED calls for APPR plans to be approved and in place by January 17, 2013, otherwise the school district’s 2012-2013 budget increase to state aid would be at risk. Plans submitted by July 1, 2012 must be approved or rejected by the
