Part 30 Tenure Areas and Annual Professional Performance Reviews for Classroom Teachers and Building Principals

Subject to the provisions of sections 2510 and 2585 of the Education Law, where a board of education, on or after the effective date of this Subpart, modifies the organizational structure of a school in such a manner that instruction in the core academic subjects is departmentali…

Subject to the provisions of sections 2510 and 2585 of the Education Law, where a board of education or board of cooperative educational services abolishes professional education positions, it shall do so in accordance with the following rules: (a) The board shall identify the te…

(a) The provisions of this Subpart shall apply to all probationary appointments to professional education positions made by a board of education or a board of cooperative educational services by resolution on or after August 1, 1975 and to appointments on tenure based upon such p…

Each board of education and board of cooperative educational services shall, in each resolution making a probationary appointment or an appointment on tenure, set forth: (a) the name of the appointee; (b) the tenure area or areas in which the professional educator will devote a s…

Kindergarten (including pre-kindergarten programs) together with the first six grades shall constitute the elementary tenure area. In those schools in which instruction in the core academic subjects has not been departmentalized at the seventh and/or eighth grade levels, such gra…

A professional educator who is employed to devote a substantial portion of his time to classroom instruction in the common branch subjects at the kindergarten (including pre-kindergarten) level and/or in any of the first six grades shall be deemed to serve in the elementary tenur…

A professional educator who is employed to devote a substantial portion of his time to classroom instruction in the common branch subjects at the seventh and/or eighth grades in any school where instruction in the core academic subjects in such grades has not been departmentalize…

(a) A professional educator who is employed at or above seventh grade level to devote a substantial portion of his time to instruction in one or more of the core academic subjects in a grade or grades in which instruction is departmentalized shall be deemed to serve in the academ…

(a) A professional educator who is employed to devote a substantial portion of his time to instruction in one or more of the following subjects shall be deemed to serve in a special subject tenure area or areas encompassing such subject: (1) art; (2) business education—general; (…

(a) Except as otherwise provided in subdivision (b) of this section, a board of education or a board of cooperative educational services shall appoint and assign a professional educator in such a manner that he shall devote a substantial portion of his time throughout the probati…

(a) For annual professional performance reviews conducted by districts prior to the 2019-20 school year or for any annual professional performance review conducted pursuant to a collective bargaining agreement entered into on or before April 12, 2019 that remains in effect after …

(a) The governing body of each district shall ensure that evaluators, including impartial and independent observers and peer observers, have appropriate training before conducting a teacher or principal’s evaluation under this section. The governing body shall also ensure that an…

(a) Upon rating a teacher or a principal as developing or ineffective through an annual professional performance review conducted pursuant to Education Law section 3012-d and this Subpart, a district shall formulate and commence implementation of a teacher or principal improvemen…

(a) An annual professional performance review plan under this Subpart shall describe the appeals procedure utilized by a district through which an evaluated teacher or principal may challenge their annual professional performance review. Pursuant to Education Law section 3012-d, …

(a) The department will annually monitor and analyze trends and patterns in teacher and principal evaluation results and data to identify districts and/or schools where evidence suggests that a more rigorous evaluation system is needed to improve educator effectiveness and studen…

(a) A student may not be instructed, for two consecutive school years, in the same subject by any two teachers in the same district, each of whom received a rating of Ineffective under an evaluation conducted pursuant to this section in the school year immediately prior to the sc…

The provisions of Education Law section 3012-c shall apply to annual professional performance reviews pursuant to this Subpart as follows: (a) the provisions of paragraphs (d) and (k) of subdivision (2), subdivision (4), subdivision (5) and subdivision (9) of Education Law sectio…

(a) A teacher/principal shall have the right to challenge their State-provided growth score under this Subpart; provided that the teacher/principal provides sufficient documentation that he/she meets at least one of the following criteria in their annual evaluation: (1) a teacher…

(a) For purposes of this section, State assessments shall mean the grades 3-8 English language arts and mathematics State assessments. (b) Notwithstanding any other provision of this Subpart to the contrary, the commissioner shall establish procedures in guidance for determining …

As used in this Subpart: (a) Approved teacher or principal practice rubric shall mean a rubric approved by the commissioner for inclusion on the State Education Department's list of approved rubrics in teacher or principal evaluations. (b) Approved student assessment shall mean a…

(1) The governing body of each district shall adopt a plan, in a form and timeline prescribed by the commissioner, for the annual professional performance review of all of the district’s classroom teachers and building principals in accordance with the requirements of Education L…

(a) Annual professional performance reviews conducted under this section shall differentiate teacher effectiveness resulting in a teacher being rated highly effective, effective, developing or ineffective based on multiple measures in two categories: the student performance categ…

Annual professional performance reviews conducted under this section shall differentiate principal effectiveness resulting in a principal being rated highly effective, effective, developing or ineffective based on multiple measures in the following two categories: the student per…

(a) The overall rating determination for a teacher or principal shall be determined according to a methodology as follows: (b) Notwithstanding subdivision (a) of this section, a teacher or principal who is rated using both subcomponents in the student performance category and rec…

Pursuant to Education Law section 3012-d(7), the following elements shall no longer be eligible to be used in any evaluation subcomponent pursuant to this Subpart: (a) evidence of student development and performance derived from lesson plans, other artifacts of teacher practice, …

(a) Approval of student assessments for the evaluation of classroom teachers and building principals. An assessment provider who seeks to place an assessment on the list of approved student assessments under this section shall submit to the commissioner a written application in a…

(a) A provider who seeks to place a teacher or principal practice rubric on the list of approved rubrics under this section shall submit to the commissioner a written application in a form and within the time prescribed by the commissioner. The commissioner shall evaluate a rubri…

(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…

(a) The governing body of each district shall ensure that evaluators, including impartial and independent observers and peer observers, have appropriate training before conducting a teacher or principal’s evaluation under this section. The governing body shall also ensure that an…

(a) Upon rating a teacher or a principal as developing or ineffective through an annual professional performance review conducted pursuant to Education Law section 3012-d as amended by chapter 59 of the Laws of 2019 and this Subpart, a district shall formulate and commence implem…

(a) An annual professional performance review plan under this Subpart shall describe the appeals procedure utilized by a district through which an evaluated teacher or principal may challenge their annual professional performance review. Pursuant to Education Law section 3012-d, …

(a) The department will annually monitor and analyze trends and patterns in teacher and principal evaluation results and data to identify districts and/or schools where evidence suggests that a more rigorous evaluation system is needed to improve educator effectiveness and studen…

(a) A student may not be instructed, for two consecutive school years, in the same subject by any two teachers in the same district, each of whom received a rating of Ineffective under an evaluation conducted pursuant to this section in the school year immediately prior to the sc…

The provisions of Education Law section 3012-c shall apply to annual professional performance reviews pursuant to this Subpart as follows: (a) the provisions of paragraphs (d) and (k) of subdivision (2), subdivision (4), subdivision (5) and subdivision (9) of Education Law sectio…

(a) A variance from one or more of the requirements of this Subpart and the district’s approved evaluation plan may be granted to a district that seeks to develop and implement new and innovative approaches to evaluation that meets the specific needs of the applicant upon a findi…

If any provision of this Subpart or its application to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of the Subpart or their application to other persons and circ…

As used in this Subpart: (a) Approved teacher or principal practice rubric shall mean a rubric approved by the commissioner for inclusion on the State Education Department's list of approved rubrics in teacher or principal evaluations. (b) Approved student assessment shall mean a…

(1) The governing body of each district shall adopt a plan, in a form and timeline prescribed by the commissioner, for the annual professional performance review of all of the district’s classroom teachers and building principals in accordance with the requirements of Education L…

(a) Annual professional performance reviews conducted under this section shall differentiate teacher effectiveness resulting in a teacher being rated highly effective, effective, developing or ineffective based on multiple measures in two categories: the student performance categ…

Annual professional performance reviews conducted under this section shall differentiate principal effectiveness resulting in a principal being rated highly effective, effective, developing or ineffective based on multiple measures in the following two categories: the student per…

(a) The overall rating determination for a teacher or principal shall be determined according to a methodology as follows: (b) The district shall ensure that the process by which weights and scoring ranges are assigned to subcomponents and categories is transparent and available …

Pursuant to Education Law section 3012-d(6), the following elements shall no longer be eligible to be used in any evaluation subcomponent pursuant to this Subpart: (a) evidence of student development and performance derived from lesson plans, other artifacts of teacher practice, …

An assessment provider who seeks to place an assessment on the list of approved student assessments under this section shall submit to the commissioner a written application in a form and within the time prescribed by the commissioner. (b) The commissioner shall evaluate a studen…

(a) A provider who seeks to place a teacher or principal practice rubric on the list of approved rubrics under this section shall submit to the commissioner a written application in a form and within the time prescribed by the commissioner. The commissioner shall evaluate a rubri…