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 30-2.3 - Requirements for annual professional performance review plans submitted under this Subpart
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 30-2.3
Current through Register Vol. 45, No. 52, December 27, 2023
(a) Applicability.
(1) The governing
body of each district shall adopt a plan, in a form and timeline prescribed by
the commissioner, for the annual professional performance review of all of the
district's classroom teachers and building principals in accordance with the
requirements of Education Law section
3012-d and this Subpart and shall submit
such plan to the commissioner for approval. The commissioner shall approve or
reject the plan. The commissioner may reject a plan that does not rigorously
adhere to the provisions of Education Law section
3012-d and the requirements of this
Subpart. Absent a finding by the commissioner of extraordinary circumstances,
if any material changes are made to the plan, the district must submit the
material changes by March 1st of each school year, on a form prescribed by the
commissioner, to the commissioner for approval. The provisions of Education Law
section
3012-c(2)(k) shall only
apply to the extent provided in this paragraph.
(2) Such plan shall be filed in the district
office, as applicable, and made available to the public on the district's
web-site no later than September 10th of each school year, or within 10 days
after the plan's approval by the commissioner, whichever shall later
occur.
(3) Any plan submitted to
the commissioner shall include a signed certification on a form prescribed by
the commissioner, by the superintendent, district superintendent or chancellor,
attesting that:
(i) the amount of time
devoted to traditional standardized assessments that are not specifically
required by State or Federal Law for each classroom or program of the grade
does not exceed, in the aggregate, one percent of the minimum in required
annual instructional hours for such classroom or program of the grade;
and
(ii) the amount of time devoted
to test preparation under standardized testing conditions for each grade does
not exceed, in the aggregate, two percent of the minimum required annual
instructional hours for such grade. Time devoted to teacher administered
classroom quizzes or exams, portfolio reviews, or performance assessments shall
not be counted towards the limits established by this subdivision. In addition,
formative and diagnostic assessments shall not be counted towards the limits
established by this subdivision and nothing in this subdivision shall be
construed to supersede the requirements of a section 504 plan of a qualified
student with a disability or Federal Law relating to English language learners
or the individualized education program of a student with a
disability.
(b) Content of the plan.
The annual professional performance review plan shall:
(1) describe the district's
process for ensuring that the department receives accurate teacher and student
data, including enrollment and attendance data and any other student, teacher,
school, course and teacher/student linkage data necessary to comply with this
Subpart, in a format and timeline prescribed by the commissioner. This process
shall also provide an opportunity for every classroom teacher and building
principal to verify the subjects and/or student rosters assigned to
them;
(2) describe how the district
will report to the department the individual scores and ratings for each
subcomponent and category and overall rating for each classroom teacher and
building principal in the district, in a format and timeline prescribed by the
commissioner;
(3) describe the
assessment development, security, and scoring processes utilized by the
district. Such processes shall ensure that any assessments and/or measures used
to evaluate teachers and principals under this section are not disseminated to
students before administration and that teachers and principals do not have a
vested interest in the outcome of the assessments they score;
(4) describe the details of the district's
evaluation system, which shall include, but not be limited to, whether the
district chose to use each of the optional subcomponents in the student
performance and observation/school visit categories and the assessments and/or
measures, if any, that are used in each subcomponent of the student performance
category and the observation/school visit category and the name of the approved
teacher and/or principal practice rubrics that the district uses or evidence
that a variance has been granted by the commissioner from this
requirement;
(5) describe how the
district will provide timely and constructive feedback to classroom teachers
and building principals on their annual professional performance
review;
(6) describe the appeal
procedures that the district is using pursuant to section
30-3.12 of this
Subpart; and
(7) include any
certifications required under this Subpart.
(c)
(1)
Except as otherwise provided in paragraph (2) of this subdivision, the entire
annual professional performance review shall be completed and provided to the
teacher or the principal as soon as practicable but in no case later than
September 1st of the school year next following the school year for which the
teacher or principal's performance is measured. The teacher's and principal's
score and rating on the observation/school visit category and in the student
performance category, if available, shall be computed and provided to the
teacher or principal, in writing, by no later than the last day of the school
year for which the teacher or principal is being measured, but in no case later
than September 1st of the school year next following the school year for which
the teacher or principal's performance is measured. Nothing in this subdivision
shall be construed to authorize a teacher or principal to commence the appeal
process prior to receipt of his or her overall rating. Districts shall ensure
that there is a complete evaluation for all classroom teachers and building
principals, which shall include scores and ratings on the subcomponent(s) of
the student performance category and the observation/school visit category and
the combined category scores and ratings, determined in accordance with the
applicable provisions of Education Law section
3012-d and this Subpart, for the school
year for which the teacher's or principal's performance is measured.
(2) Notwithstanding any provisions in this
subdivision to the contrary, during the 2015-16 through 2017-18 school years,
teachers or principals whose annual professional performance reviews are based,
in whole or in part, on the results of the grades 3-8 English language arts or
mathematics State assessments and/or State-provided growth scores on Regents
examinations shall be provided with their annual professional performance
review transition scores and ratings computed pursuant to section
30-2.14
of this Subpart as soon as practicable but in no case later than September 1st
of the school year next following the school year for which the teacher or
principal's performance is being measured. During the 2015-16 school year, such
teachers and principals shall also be provided with their original composite
rating computed pursuant to section
3012-c of the Education Law and this
Subpart by September 1st of the school year next following the school year for
which the teacher or principal's performance is being measured, or as soon as
practicable thereafter.
(i) For annual
professional performance reviews conducted by districts for the 2018-19 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,
teachers or principals whose annual professional performance reviews are based,
in whole or in part, on the results of the grades three through eight English
language arts or mathematics State assessments and/or State-provided growth
scores on Regents examinations shall be provided with their annual professional
performance review transition scores and ratings computed pursuant to section
30-3.17
of this Subpart as soon as practicable but in no case later than September 1st
of the school year next following the school year for which the teacher or
principal's performance is being measured.
Amended, New York State Register, Volume XXXVI, Issue 30, effective 7/30/2014
Amended New York State Register September 28, 2016/Volume XXXVIII, Issue 39, eff. 9/28/2016
Amended New York State Register December 24, 2019/Volume XLI, Issue 52, eff. 12/24/2019
Amended and Renumbered from 30-3.3 New York State Register May 20, 2020/Volume XLII, Issue 20, eff. 5/20/2020
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