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 30-3 - Annual Teacher and Principal Evaluations for the 2019-20 School Year and Thereafter
Section 30-3.1 - Applicability

(a) For classroom teacher and building principal evaluations conducted by districts pursuant to a collective bargaining agreement entered into after April 12, 2019 for the 2019-2020 school year and each school year thereafter, the governing body of each district shall ensure that such evaluations are conducted in accordance with the requirements of Education Law section 3012-d, as amended by Chapter 59 of the Laws of 2019 and this Subpart.

(b) The requirements of Education Law section 3012-d as enacted by Chapter 56 of the Laws of 2015 and Subpart 30-2 of this Part shall continue to apply to annual professional performance reviews conducted prior to the 2019-2020 school year or for any annual professional performance review conducted on or after the 2019-2020 school year 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) In accordance with Education Law section 3012-d(1), 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. Such evaluations shall also be a significant factor in teacher and principal development, including but not limited to coaching, induction support, and differentiated professional development. 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, including the performance of a classroom teacher or building principal evaluated pursuant to the requirements of this Subpart.