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Introduction

Section 100.2 of the Commissioner's Regulations regarding the Annual Professional Performance Review (APPR) requires school districts and BOCES to annually evaluate the performance of probationary and tenured teachers providing instructional and pupil personnel services. The procedures for evaluating teachers are a mandatory subject of collective bargaining. This bulletin includes amendments to Section 100.2 of the Regulations to conform with Chapter 57 of the Laws of 2007 (CR 100.2(o)(2)(iii)2(b)(vi)).

Regulatory Information

This bulletin provides information on Section 100.2 (o) of the Commissioner's Regulations Annual Professional Performance Review. The regulation specifies formal procedures for the review of the performance of teachers which must be determined by the school district or BOCES, consistent with the requirements of Article 14 of the Civil Service Law. The bulletin provides advice to local leaders to assist them in the implementation of these procedures.

Who are subject to the APPR Regulations?

Each school district and BOCES must adopt an annual professional performance review plan affecting the following individuals:

• All teachers providing instructional services. Evening school teachers of adults of nonacademic, vocational subjects are exempt from the APPR requirements.
• All teachers providing pupil support services including: school attendance teacher, school counselor, school dental hygiene teacher, school nurse-teacher, school psychologist and school social worker.

Chapter 57 of the Laws of 2007, added a new Section 3012-b to Education Law requiring the Board of Regents to develop rules establishing minimum standards and procedures for tenure determinations for teachers employed in school districts and BOCES. The tenure determination process must include:

• An evaluation of the extent to which the teacher successfully utilized analysis of available student performance data and other relevant information when providing instruction;
• Peer review by other teachers, as far as practicable; and
• An assessment by the teacher's building administrator.

Please continue to check NYSUT's website at http://www.nysut.org/ for the latest information.

Key Regulatory requirements about the development and adoption of the APPR plan

• The Board of Education of the school district or BOCES is responsible for adopting an APPR plan. The plan is filed in the district or BOCES and is not submitted to the State Education Department, unless requested. The APPR plan must be approved by the board of education, filed in the district's BOCES office and available for review by any individual Sept 10th of each year.
• A component of the APPR Plan includes the formal procedures for review of performance of professional personnel in the district. These procedures are developed by the superintendent in consultation with teachers, administrators, and other school personnel, selected by the superintendent with the advice of their selected peers. While supplementary school personnel including teacher aides, teaching assistants and visiting lecturers are subject to an annual review (CR 100.2(o)(2)(ii)), they are not subject to the requirements in the professional performance review plan (CR 100.2(o)(2)(iii)).
• The APPR regulation requires that the board of education provide organizations representing parents, and teacher bargaining units with an opportunity to comment prior to its approval.
• An APPR plan may be for a single year or for multiple years.
• Districts may add additional criteria to the mandated state criteria for instructional professionals and may adjust criteria for pupil personnel professionals.

Download: Complete Bulletin. PDF file.