Moving forward with new statewide rules for tenure, State Education Department officials made it clear that peer review will be part of the tenure determination only if it is negotiated at the bargaining table by the local union and school district.

The clarification was part of a discussion of the new regulations being drafted by the Board of Regents. The new minimum rules are required under Chapter 57 of the Laws of 2007, which called for an enhanced accountability system for schools.

At their March meeting, the Regents agreed to publish the draft rules in the State Register and seek public comment. The new tenure process would include:

• an evaluation of the teacher's successful use of student performance data when providing instruction;

• "peer review by other teachers, as far as practicable;" and

• an assessment by the teacher's building administrator.

A number of Regents asked about the peer review measure, asking what "as far as practicable" means.

Robert Bentley, assistant commissioner for the State Education Department's Office of Teaching Initiatives, said the statute leaves it open so that if a district was unable to negotiate a peer review program, then "that would be considered not to be practicable."

Individual peer review programs have been successfully negotiated and implemented in Syracuse and Rochester, Bentley noted.

Who decides?

"Who will decide the criteria for peer review, such as whether one teacher should be from outside the building?" asked Regent Saul Cohen.

"The system allows it to be negotiated locally," Bentley said.

Bentley explained the new rules would be incorporated in the Annual Professional Performance Review, or APPR process, that has been in use since 2000.

When asked what would constitute a "teacher's successful use of student performance data," Bentley said it would be an evaluation of the extent to which the teacher used available student performance data such as state test results, student work, school-developed assessments and teacher-developed assessments when providing instruction.

He said educators could also make use of other relevant information such as health or nutrition concerns or other student characteristics affecting learning when providing instruction.

"We've had some concerns expressed that teachers would be held accountable for things they have no control over, like health concerns," Bentley said.

NYSUT is working with SED and the Board of Regents to ensure the new state regulations do not adversely affect any candidates currently in the tenure process. SED is seeking a legislative amendment to change the effective date of the new process to make it apply to teachers hired after July 1, 2008. The original law would impact teachers already in the process by taking effect for tenure determinations made after July 1 of this year.

NYSUT Vice President Maria Neira commented that school districts will have to provide teachers with information, professional development and timely student data to assist improving instruction. "It does not mean the evaluation of teachers is based on student test scores," Neira said.

The Regents are scheduled to further discuss the draft regulations at their April and May meetings with final action in June.

In coming months, the union will share best practices for peer review programs and make sample contract language available.

— Sylvia Saunders