New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter I - Rules of the Board Of Regents
Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals
Subpart 30-2 - Annual Professional Performance Reviews of Classroom Teachers and Building Principals Conducted Prior to the 2019-20 School Year or for Annual Professional Performance Reviews Conducted Pursuant to a Collective Bargaining Agreement Entered into on or Before April 12, 2019 Which Remains in Effect on or After April 12, 2019 Until a Subsequent Agreement is Reached
Section 30-2.1 - Applicability

(a) For annual professional performance reviews conducted by districts prior to the 2019-20 school year or for any annual professional performance review conducted pursuant to a collective bargaining agreement entered into on or before April 12, 2019 that remains in effect after April 12, 2019 until a successor agreement is reached, the governing body of each district shall ensure that the reviews of all classroom teachers and building principals are conducted in accordance with the requirements of Education Law section 3012-d and this Subpart during the term of such agreement and until entry into a successor collective bargaining agreement, provided that upon expiration of such term and the entry into a successor collective bargaining agreement, the provisions of Education Law section 3012-d, as amended by Chapter 59 of the Laws of 2019, and Subpart 30-3 of the Rules of the Board of Regents shall apply; and, provided further, however, that any assessments used in determining transition scores and ratings pursuant to this Subpart shall be used instead of the grades three through eight English language arts and mathematics state assessments and/or any State growth model until the entry into a successor collective bargaining agreement.

(b) Annual professional performance reviews of classroom teachers and building principals shall be a significant factor for employment decisions, including but not limited to, promotion, retention, tenure determination, termination, and supplemental compensation, in accordance with Education Law section 3012-d(1). Such evaluations shall also be a significant factor in teacher and principal development, including but not limited to coaching, induction support, and differentiated professional learning. Nothing herein shall be construed to affect the unfettered statutory right of a district to terminate a probationary (non-tenured) teacher or principal for any statutorily and constitutionally permissible reasons.