Given the recent outcry with regard to the Common Core rollout, the New York State Legislature recently adopted a bill temporarily altering how scores on Common-Core aligned State assessments will be factored into calculating teacher and principal Annual Professional Performance Review ratings. After the bill is signed into law by the Governor, which he is expected to do, the new legislation will require the use of an alternative method for calculating the effectiveness ratings of teachers and/or principals who are rated as “ineffective” or “developing” during the 2013-2014 and 2014-2015 school years. The alternative method only applies when the low effectiveness rating is due in part to student achievements on the grades 3-8 Common Core-aligned State assessments in English language arts and/or math.

As you know, the APPR effectiveness ratings are presently based upon a 100 point evaluation score. The first 40% is determined by student achievements as measured by student growth on State assessments (“the State Measure”) and student achievements as determined by other locally selected measures (“the Local Measures”). The State Measure and Local Measures each comprise 20% of the student achievement component of the score. Because the Education Law permits the Local Measures to be based entirely or in part on student achievements on State assessments, the degree to which State assessments factor into an effectiveness rating depends upon the specific APPR plan that has been adopted and approved. The remaining 60% of an effectiveness evaluation score is based upon other locally selected measures of a teacher’s or principal’s effectiveness; i.e., rubrics, observations, portfolios, surveys; etc.

For only the 2013-2014 and 2014-2015 school years, the bill provides that, if a teacher or principal is rated “ineffective” or “developing,” and this rating is based in part on student achievements on the grades 3-8 Common Core-aligned State assessments in English language arts and/or math, then a supplemental effectiveness score must be calculated by eliminating consideration of these specific Common Core-aligned State assessments. Depending upon the weight given to State assessments in the APPR plan, the bill sets forth various methods for recalculating the effectiveness rating by either prorating those portions of the student achievement measures that are not based upon Common Core-aligned State assessments or, if they are entirely based upon Common Core-aligned State assessments, by prorating the other 60% of the locally selected measures of the effectiveness rating.

If the supplemental calculation results in a higher effectiveness rating, then the bill requires that the original rating not be utilized in making decisions relating to termination, granting or denying tenure, expedited Section 3020-a hearings, and requiring teacher and principal improvement plans. The bill further requires that both ratings be recorded on individual employment records and disclosed to parents who request, pursuant to the Education Law, the final effectiveness rating and score of their children’s assigned teacher(s) and building principal.

These changes will become effective immediately upon the Governor signing the bill into law and will only apply for the 2013-2014 and the 2014-2015 school years. Please contact us if you have a teacher and/or principal who may be impacted by these changes so that we can assist you in performing the necessary calculations.

THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.

© Lamb & Barnosky, LLP 2014