Education Week - April 15, 2015 - 6

CHANGES IN TEACHER POLICY
N.Y. Budget Accord
Seeks to Tighten Rules
On Teacher Quality
Evaluation, tenure systems revamped
By Stephen Sawchuk
A last-minute budget deal in New
York will have major implications for
how the state's teachers are trained,
evaluated, and granted tenure-
even as many of its implications for
the 200,000-plus-member teaching
force still have to be worked out.
The bill, approved by the legislature
March 31, represents a win on
some levels for Gov. Andrew Cuomo,
who had sought to tighten the reins
on teacher-quality policies. It does
away with much local flexibility on
teacher evaluation, centralizing at
the state level key elements of how
teachers will be graded.
Gov. Cuomo, a Democrat, has
praised the legislation, and he is expected
to sign it.
In the run-up to the vote on the
agreement, unions and other advocates
had decried the governor's proposals,
and had tried to shift the debate
to issues of underfunding. The
final agreement does direct more
than Gov. Cuomo envisioned into
education-about $1.5 billion-but
some say that it may also put considerably
more pressure on teachers.
"I think that based on the governor's
agenda, he got a fair amount of
what he wanted into this bill," said
Aaron Pallas, a professor of sociology
and education at Teachers College,
Columbia University. "Legislators
are trying to justify their voting for
this bill on the grounds that it increased
funding, but that's in many
respects to distract from the fact
that they voted for things they didn't
understand that might end up being
damaging to teachers' careers."
Test-Score Worries
In addition to the evaluationsystem
changes, the bill will make it
more difficult for teachers to obtain
tenure, alter the state's teacherdismissal
procedures, and permit
receivers to take over the management
of troubled schools. (See box,
this page.)
Those changes follow other alterations
made to teacher policies
in 2008, 2010, and again in 2012.
Teachers' unions in particular had
fought against Gov. Cuomo's attempt
to make student test scores count
for half of a teacher's evaluation, up
from 40 percent.
Under the new system, to be
fleshed out by the state education
department, a teacher's final score
will hinge on some combination of
growth in student test scores and
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classroom observations, including
the use of independent evaluators.
The cutoff point for determining
proficiency on the observations will
be determined by the state, rather
than by local districts, as will all of
the student-growth measures.
Exactly what percentages the
various components will count for is
not specified, but teachers will need
show satisfactory student test-score
growth to get an "effective" rating.
New York has faced increasing
pressure from parents opting their
students out of state exams-actions
that have been endorsed by
New York State United Teachers.
Some high-profile policymakers
have sought to reassure the public
that the new evaluation framework
won't necessarily put more
weight on tests, and could allow for
greater flexibility.
Merryl Tisch, the chancellor of the
state's board of regents, which must
sign off on the education department's
plans, made headlines by suggesting
that some high-performing
school districts be allowed to waive
the new teacher-evaluation rules.
State officials clarified that Ms.
Tisch aimed to start a conversation
by raising that idea, but added that
it is far from official policy.
Lawsuit Still in Play
Districts must comply by November
with whatever new evaluation
rules the state crafts or risk losing
out on an increase in their portion
of their state aid-as New York City
did in early 2013, when it was unable
to reach an agreement with its
teachers' union.
Nysut, an affiliate of both national
teachers' unions, wasted no time in
criticizing the framework.
"It is an unworkable, convoluted
plan that undermines local control,
disrespects principals and school
administrators, guts collective bargaining,
and further feeds the testing
beast," the union said in a statement.
Among the open questions is how
the budget deal will affect a lawsuit,
"
I think that based
on the governor's
agenda, he got a
fair amount of
what he wanted
into this bill."
AARON PALLAS
Teachers College,
Columbia University
Davids v. New York, which seeks to
declare the state's rules for teacher
tenure and dismissal unconstitutional.
A Staten Island judge recently
cleared that lawsuit for trial,
though unions are appealing that
decision.
The policy changes in the budget
bill mean that, in effect, the lawsuit
will be adjudicating processes
that will have undergone significant
revision.
"In many respects, the new state
law addresses many of the concerns
that were the reasons for bringing
that suit," Mr. Pallas said.
Attorneys representing parents
in the lawsuit, though, noted that
the new evaluation system isn't up
yet, nor have the new timelines for
teacher dismissal proved enforceable.
"States
are always able to say,
'We've done something, wait and
see,' but if there's a constitutional violation
going on now, it's the courts'
responsibility to address it now,"
said Devora W. Allon, a partner in
the litigation group of Kirkland &
Ellis llp, the firm representing the
Davids plaintiffs. "It's clearly not
good enough for these parents."
Nor does the budget bill modify
the state's process of requiring that
layoffs be based on teacher seniority,
one of the Davids lawsuit's aims,
Ms. Allon added.
TEACHER EVALUATION
n The New York budget bill expected to be signed by
Gov. Andrew Cuomo requires the state to craft a new
teacher-evaluation system that will include both state
test scores and observations, at least one of which must
be performed by an independent evaluator from outside
the school. The state education department still must
flesh out the details.
n A teacher cannot score above the second-lowest
rating ("developing") unless his or her students make
satisfactory achievement growth.
n No student can be assigned in two consecutive years
to teachers with "ineffective" ratings unless the state
grants a waiver.
TENURE
n Beginning with hires in the next school year, tenure
will now be granted only after a teacher has served a
four-year probationary period and received a score of
"effective" or higher for at least three years.
DUE PROCESS
n Districts may begin dismissal procedures for teachers
who have two consecutive "ineffective" ratings. Hearings
would be limited to 90 days, and teachers would have to
counter the charge with "clear and convincing evidence."
Districts must seek to discharge teachers with three
consecutive ineffective ratings. Hearings would be
concluded within 30 days, and teachers would have to
prove that one of the ratings was "fraudulent."
SCHOOL TURNAROUND
n "Failing" and "persistently failing" schools could
ultimately be put into receivership if they don't improve.
The receiver would have wide latitude to institute changes
to curriculum, salaries, and staffing, but would have to
negotiate some elements with the local teachers' union.
SOURCE: Education Week
TEACHER PREPARATION
n Graduate-level teacher and leadership programs are
restricted to admitting only candidates who achieve
a minimum entrance-exam score and a 3.0 grade
point average. However, programs could waive the
requirements for up to 15 percent of each incoming class.
Programs in which fewer than 50 percent of graduates
pass their licensing exams for three years running will be
suspended.
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Education Week - April 15, 2015

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