We are writing to confirm that the new APPR implementation certification requirement promulgated by the SED must be satisfied by school districts and BOCES regardless of whether a new negotiated APPR plan for the 2013-2014 school year is submitted to the Commissioner for approval.

In response to SED’s discovery of certain APPR “side agreements,” superintendents and school board presidents are now required to sign a new certification that their APPR plan is the only plan for all classroom teachers and principals in the district or BOCES. Signing the form further certifies that there are no applicable collective bargaining agreement provisions or other agreements with inconsistent provisions which will prevent, conflict or interfere with full implementation of the APPR Plan.” The SED’s instructions for submitting the certification and a link to the form may be found online at http://usnv.nysed.gov/rttlteachers-leaders/appr- implementation-certification. html.

Because this certification must accompany collectively negotiated 2013-2014 APPR plans which are submitted to the Commissioner for approval, the form additionally reiterates the same assurances contained in the certification that accompanied the 2012-2013 APPR plan submission. The certification form also contains check boxes describing the status of the 2013- 2014 APPR plan. For school districts and BOCES which have: 1) an approved 2012-2013 APPR plan that will remain in effect during the 2013-2014 school year until a subsequent plan is agreed upon; or 2) an approved multi-year plan in effect that covers the 2013-2014 school year, the certification must be submitted by August 30,2013 in order to avoid a loss of eligibility for State aid increases.

We will continue to keep you apprised of substantive APPR-related developments as they occur. If you have any questions regarding this issue, please do not hesitate to contact us.

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

© Lamb & Barnosky, LLP 2013