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 30-2.17 - Annual professional performance review ratings for annual professional performance reviews conducted pursuant to Education Law section 3012-d and this Subpart 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, during a transition to higher learning standards

(a) For purposes of this section, State assessments shall mean the grades 3-8 English language arts and mathematics State assessments.

(b) Notwithstanding any other provision of this Subpart to the contrary, the commissioner shall establish procedures in guidance for determining transition scores and ratings for teachers and principals whose annual professional performance reviews conducted pursuant to Education Law section 3012-d and this Subpart are based, in whole or in part, on State assessments and/or State-provided growth scores on Regents examinations 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.

(c) Except as otherwise provided in subdivision (d) of this section, a teacher's or principal's final composite rating for all purposes under section 3012-d of the Education Law or under this Subpart, as well as for purposes of tenure determinations, individual employment records, and other employment decisions and proceedings pursuant to Education Law section 3020-b, shall be the overall transition rating. The requirement for a teacher or principal improvement plan shall be based on the teacher's or principal's overall transition composite rating.

(d) For purposes of public reporting of aggregate data and disclosure to parents pursuant to paragraph b of subdivision 10 of section 3012-c of the Education Law as made applicable to this Subpart, the original composite rating pursuant to section 3012-d of the Education Law and this Subpart shall be reported with (i) the overall transition rating and (ii) an explanation of such overall transition rating; provided, however, for annual professional performance reviews conducted for the 2018-19 school year and thereafter 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, only the transition rating shall be reported.

(e) Notwithstanding any other provision of this section to the contrary, for annual professional performance reviews conducted for the 2018-19 school year and thereafter 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, 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.