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Background on Teacher and Principal Evaluation
In 2010, legislation was enacted (Chapter 103 of the Laws of 2010), adding Section 3012-c of Education Law, prescribing changes to the annual performance evaluation of all teachers and principals.
NYSUT went to court to challenge the Commissioner's Regulations (CR), adopted by the Board of Regents, which were not consistent with the law. A State Supreme Court decision, largely in the union's favor, was then appealed by the New York State Education Department (SED).
Governor Cuomo compelled NYSUT and SED to end the lawsuit, indicating that without agreement he would propose his own evaluation system in his 30-day budget amendments. Negotiations with NYSUT, the Governor's office, SED and the United Federation of Teachers (UFT) produced an agreement on February 16, 2012.
On March 14, 2012, the Assembly and Senate passed the teacher and principal evaluation law agreed to by the four parties. The legislation was signed into law on April 4, 2012.
The settlement is firmly based on the provisions of the original law, maintaining the three subcomponents of the annual teacher evaluation and the protection that 80 percent of the teacher's evaluation must be collectively bargained.
Under the law, school districts and BOCES are required to conduct an Annual Professional Performance Review (APPR) on each teacher and principal, resulting in a single composite effectiveness score and a rating of "highly effective," "effective," "developing," or "ineffective."
The composite score will be determined as follows:
• 20 percent: Student growth on state assessments or a comparable measure of student growth using a Student Learning Objectives (SLOs) process for non-tested subjects (increased to 25 percent upon implementation of a value-added growth model);
• 20 percent: Other locally selected measures of student growth or achievement (decreased to 15 percent upon implementation of a value added growth model); and
• 60 percent: Other multiple measures of teacher/principal effectiveness.
Regulations have been amended, consistent with the new statute, to conform to the changes to Subpart 30-2 of Commissioner's Regulations.
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