ISSUE

EXECUTIVE
PROPOSAL

Teacher Program
Admission
Requirements

FINAL STATE BUDGET

Require all graduate level teacher education
programs in the state to adopt a minimum GRE
score and require a GPA of at least 3.0.

A.3010/S.2010
Education Reform,
Part A, Subpart A 1

Requires all graduate level teacher education programs in

the state to adopt a minimum GRE score (or similar
assessment) and require a GPA of at least 3.0.

Up to 15% of the incoming cohort may be exempt from the
minimum scores based on certain criteria.

Underlined text highlights where the Assembly was able to make
changes
1

ISSUE

Graduate Program
Deregistration and
Suspension

A.3010/S.2010
Reform, Part A,
Subpart A 2

EXECUTIVE
PROPOSAL

FINAL STATE BUDGET

Require the State Education Department (SED) to

de-register and suspend any institution if fewer
than 50% of the students pass each required
examination for certification as a teacher.



Program may make a request to SED to keep the
program in operation.

Programs may appeal deregistration to the
commissioner.
Authorize the Department to conduct expedited
registration reviews for institutions that have
demonstrated poor performance on student
outcomes.

Requires SED to suspend admissions of new students to a

graduate level teacher program if, for three consecutive
years, fewer than 50% of students pass each required
examination for certification as a teacher, but allows the
program to continue to operate for currently enrolled or
admitted students.

Program would be given a chance to cure deficiencies before
being deregistered by SED.

Program may appeal the suspension or deregistration to the
commissioner.

Underlined text highlights where the Assembly was able to make
changes

ISSUE

Teacher Registration
& Continuing
Education

A.3010/S.2010
Education Reform,
Part A, Subpart A 3
& 4


Teacher and
Principal Tenure

A.3010/S.2010
Education Reform,
Part A, Subpart C

EXECUTIVE
PROPOSAL

FINAL STATE BUDGET

Require teachers to re-register with SED every 5
years and complete a minimum of 100 hours of
continuing education every 5 years.

Requires teachers to re-register with SED every 5 years and
complete a minimum of 100 hours of more rigorous
continuing education every 5 years as approved by SED
starting in July 2016.

Establish a probationary period of 5 years for
teachers and principals.

Require that teachers and principals earn 5
consecutive APPR ratings of at least effective to
be eligible for tenure.

Provide that probationary employees may be
terminated at any time during the probationary
period.

Repeal provision that limits a school districts
authority to terminate a probationary teacher or
principal due to their performance in the
classroom or school.

Establishes a probationary period of 4 years for teachers and
principals.

Requires that teachers and principals earn an APPR rating of
effective or highly effective in at least three of the four years
to be eligible for tenure.

If a teacher or principal earns an ineffective in the fourth
year, the teacher or principal would be ineligible for tenure
and the probationary period may be extended .

School districts have the unfettered authority to terminate a
probationary teacher, even for performance in the classroom



Underlined text highlights where the Assembly was able to make
changes

ISSUE

EXECUTIVE
PROPOSAL

FINAL STATE BUDGET

Takeover and
Provide that school districts that scored in lowest
School districts will not be eligible for receivership.
Restructuring of
2.5% of districts based on certain student
Failing School
achievement and outcomes, a district review team
Districts
would be appointed by the commissioner to assess

and report on the reasons for the chronic
underperformance of the school district, and such
A.3010/S.2010
districts would be subject to receivership.
Education Reform,

Part A, Subpart D 1

Takeover and
Restructuring of
Failing Schools

A.3010/S.2010
Education Reform,
Part A Subpart D
2

Provide that individual schools that scored in the
lowest 5% of schools (priority schools) for 3
consecutive years based on certain student
achievement measures will be placed in
receivership in which the receiver shall manage
and operate the school and develop and
implement a school intervention plan.

Provide that the receiver would have the power of
the superintendent and board of education (BOE)
and the power to supersede decisions of the
superintendent or BOE.

Provide that after consultation with local
stakeholders, the receiver shall develop a school
intervention plan bases on certain student
outcome data. The plan must include certain
annual measurable goals. The turnaround plan
4

Provide that a school would be designated as failing by the
commissioner if the school is in the lowest achieving 5% of
schools statewide (priority schools) for at least 3
consecutive years or persistently failing if the school is in the
states lowest accountability status for at least 10
consecutive years.

$75 million grant for such persistently failing schools will be
available beginning in July, 2015

Upon designation, the district must establish a community
engagement team, which must include community
stakeholders such as parents, teachers, principals, and
students, to develop recommendations for improvement
through public engagement.

Underlined text highlights where the Assembly was able to make
changes

ISSUE

EXECUTIVE
PROPOSAL
shall be authorized for not more than three years.

Provide that in the plan, the receiver must: (1)
establish community schools; (2) modify
curriculum or program offerings; (3) replace
unqualified teachers/administrators; (3) provide
funds, subject to appropriation, to increase salaries
of teachers and administrators; (4) establish steps
to improve hiring, teacher evaluations, and
professional development.

Authorize the receiver to take other actions to
support the plan, including converting a district
school to a charter school, reallocating resources,
adding full day pre-k and kindergarten, modifying
collective bargaining provisions, lengthening the
school day/year, and requiring certain professional
development.

Authorize the receiver to supersede all
employment decisions made by the BOE and alter
collective bargaining agreements, except for
compensation without a reduction in hours.

Establish new procedures relating to seniority for
the termination of staff when a position is
abolished in a school.


5

FINAL STATE BUDGET

Persistently failing and failing schools have a period of 1 year
or 2 years, respectively, to show demonstrable improvement
on a department approved plan before being placed in
receivership.



The local districts superintendent would be granted the
powers of a receiver during the 1 or 2 year period, except the
superintendent would not be able to override any decision
from the board of education with respect to his or her
employment status.


Upon expiration of the 1 or 2 period, SED must conduct a
performance review in consultation and cooperation with the
district to determine whether to: remove the designation,
continue authorizing the superintendent to have additional
powers, or place the school into receivership.

Before being placed into receivership, the district or
commissioner must notify parents and hold a public meeting
or hearing for the purposes of discussing the effects of
receivership.

Underlined text highlights where the Assembly was able to make
changes

ISSUE

EXECUTIVE
FINAL STATE BUDGET
PROPOSAL

Authorize the receiver to terminate the positions of
The receiver would be appointed by the local district and
all teachers and supervisory staff (excluding
tenured principals) at the school and require these
approved by the commissioner. Failure to agree on a receiver
employees to reapply for their positions.
in 60 days results in the commissioner appointing the

receiver.

Provide that upon the expiration of the school
The receiver would be paid for by the state, and may be a
intervention plan, the commissioner may
determine whether the school has improved
non-profit entity, another school district, or an individual.
sufficiently to no longer be identified as failing, or

may renew the current plan for up to an additional Receiver must develop an intervention plan for up to three
three years, or appoint a new receiver.
years in consultation with local stakeholders and approved

by the commissioner, and must consider the
recommendations of the community engagement team.

The receiver would have managerial and operational control
of the school.

The receiver would have the power to supersede any
decision that conflicts with the plan, except for the decisions
regarding building usage plans, co-location decisions, and
transportation of students. The receiver can also supersede
employment decisions of BOE.

The receiver can review and modify proposed school district
budgets as they pertain to the school.
The receiver must convert schools to community schools.

Underlined text highlights where the Assembly was able to make
changes
6

ISSUE

EXECUTIVE
PROPOSAL

FINAL STATE BUDGET

The receiver may also: (1) reallocate the uses of the existing
school budget; (2) add full day pre-k or kindergarten classes;
(3) abolish all positions of teacher/administrators and require
them to reapply for their positions; (4) recommend the
school convert to a charter school provided that a majority of
parents vote in favor of the conversion and the charter
school operates consistent with a community school model;
(5) modify the curriculum; (6) replace any unqualified
teachers/administrators; (7) increase salaries; (8) improve
hiring; and (9) expand the school day/year.
The receiver may require the collective bargaining units to
negotiate a receivership agreement with the receiver within
30 days, which may only address: the length of the school
day/year and the increase in employees compensation,
professional development, class size, and changes to the
programs and teaching conditions of the school. Any
unresolved issues would be submitted to the commissioner.

The receiver may abolish all the teaching and principal
positions at the school and allow staff to reapply to a
staffing committee which would have complete discretion
in rehiring provided that the committee must re-hire at least
50% of the teaching staff formerly employed and the receiver
makes the final decision. Any rehired tenured employee
would maintain tenured status and any probationary
employee would not lose credit for years served in the school
district. A decision not to rehire may be appealed to the
commissioner if it was found that the decision was made in
bad faith. A classroom teacher or building principal who has
7

ISSUE

Tenured Employee
Disciplinary Process

A.3010/S.2010
Education Reform,
Part A, Subpart E

EXECUTIVE
PROPOSAL

FINAL STATE BUDGET

received two or more ineffective APPR ratings will be

deemed to have not rendered faithful and competent
service.

Upon expiration, the commissioner, in consultation and
cooperation with the district, may renew the plan, terminate
and appoint a new receiver; or remove designation.

Commissioner must provide any relevant data and guidance
to schools, and make plans available to the public.


Provide that the commissioner shall revoke the
Provide that the commissioner shall revoke the teaching
teaching certificate of any violent felony under
certificate upon the conviction of any violent felony under
70.02 of the penal law in which a child was a
70.02 of the penal law in which a child was the intended
victim.
victim.


Repeal provisions authorizing a three member
Require that all hearings be heard by a single hearing officer
hearing panel when an employee is charged with
instead of a three member hearing panel when an employee
pedagogical incompetence or issues involving
is charged with pedagogical incompetence or issues involving
pedagogical judgment, and instead require that all
pedagogical judgment.
hearings be heard by a single hearing officer.


Provide that two consecutive ineffective ratings shall
Provide that two consecutive ineffective ratings
constitute prima facie evidence of incompetence that can
shall constitute prima facie evidence of
only be overcome by clear and convincing evidence that the
incompetence that can only be rebutted by clear
employee is not incompetent, in light of all surrounding
and convincing evidence that the calculation of
circumstances.
any part of an APPR score was fraudulent. If not

successfully rebutted, the finding, absent
Underlined text highlights where the Assembly was able to make
extraordinary circumstances, shall be just cause
changes
8

ISSUE

EXECUTIVE
PROPOSAL

FINAL STATE BUDGET

for removal.
Authorize suspension without pay if an employee
is charged with misconduct constituting physical
or sexual abuse of a student.

Provide that employees charged with misconduct
constituting physical or sexual abuse of a student
shall be subject to an expedited hearing.












Provide that full and fair disclosure of the
witnesses and evidence shall be made by both
parties pursuant to Article three and four of the
State Administrative Procedures Act.

Provide that three consecutive ineffective ratings shall
constitute prima facie evidence of incompetence that can
only be rebutted by clear and convincing evidence that the
calculation of one or more subcomponents of the APPR score
was fraudulent, which includes mistaken identity. School
district must bring 3020-a charges after three consecutive
ineffective ratings.
A board of education may suspend an employee charged
with misconduct constituting physical or sexual abuse of a
student without pay, pending an expedited hearing by a
single hearing officer, for up to 120 days. A probable cause
hearing would be held within 10 days of board determination
to bring a disciplinary proceeding against an employee,
where a hearing officer shall determine if suspension without
pay should continue or be reversed upon a finding that
probable cause does not support the charges, or upon a
written determination that a suspension without pay is
grossly disproportionate. If hearing officer finds in favor of
the teacher, then teacher receives back pay with 6% interest.
NYC does not change because they have their own
procedures.

Authorize hearing officer to set the schedule and procedures

for full and fair disclosure of the witnesses and evidence to
be offered by the employee at the pre-hearing conference.

Underlined text highlights where the Assembly was able to make
changes

ISSUE

EXECUTIVE
PROPOSAL
Authorize children to testify through sworn
written or video statements.


Provide that failure of the school district to
rehabilitate the teacher or principal shall not be a
defense and shall not be considered by the
hearing officer in determining the penalty or other
action to be imposed.


Require the hearing officer to adopt the penalty
recommended by the school district unless the
hearing officer concludes the BOE acted in bad
faith or there are extraordinary circumstances in
which the recommended penalty would be so
disproportionate as to shock the conscience of
the hearing officer.

10

FINAL STATE BUDGET

Children under the age of 14 would be permitted to testify

through closed circuit TV in certain circumstances.


Provide that failure of the school district to remediate the
teacher or principal may be (current law is shall) considered
as a defense by the hearing officer in determining the penalty
or other action to be imposed.

Require the hearing officer to give serious consideration to
the penalty recommended by the board of education, and if
the hearing officer rejects that penalty, it must be based on a
reasons based upon the record as expressed in a written
determination.








Underlined text highlights where the Assembly was able to make
changes

ISSUE

Charter Schools

A.3010/S.2010
Education Reform,
Part A, Subpart F

EXECUTIVE
PROPOSAL

FINAL STATE BUDGET

Increase supplemental basic tuition per pupil for

15-16 from $350 to $425 and for 16-17 from $500
to $575.

Increase the statewide charter school cap by 100
for a total of 560 charters and adds charters that
have closed back into the cap.

Eliminate regional distinctions between NYC and
rest of state for charter school allocations.

Provide that all remaining charters be issued by
either SUNY or the Board of Regents.

Alter charter school enrollment preferences to
include students who are eligible for free and
reduced price lunch, students currently attending
or would otherwise be attending a failing school,
and children of the charter schools employees.

Establish bi-monthly reporting requirements
relating to enrollment of students with disabilities,
limited English proficiency and those receiving free
and reduced price lunch.

Provide that failure to comply with reporting
requirements shall be grounds for termination of
the charter school.
11

Rejected

ISSUE

Teacher Evaluations

A.3010/S.2010
Education Reform,
Part B

EXECUTIVE
PROPOSAL
Provide that 50% of the APPR score shall be based
on state assessments or other comparable
measures and 50% based on other measures of
teacher or principal effectiveness, of which 35%
must be determined by at least one unannounced
independent evaluator.


Provide that the Commissioner shall establish
scoring ranges for each subcomponent.

Provide that a student may not be instructed for
two consecutive school years by teachers that
received an ineffective APPR rating in the prior
school year.
Provide that if a teacher or principal receives an
ineffective rating of any subcomponent of the
APPR, the highest overall composite rating he/she
can receive is developing.

Overall ratings would be determined by a scoring matrix

with two axes, one for student performance and one for
teacher observations.
Authorizes the Regents to establish a new APPR system,
subject to certain parameters
Second local option may relive sole reliance on just one test
-- as compared to the Govs proposal
Independent observations would no longer be required to
make up 35 out of 50 points, instead any proportion of
independent evaluations would be established by the
regents (could be a very insignificant portion). In addition,
new language clarified that the independent evaluator
could be a principal in the district,
Observations could also be done by a teacher rated
effective or highly effective in the same school or from
another school in the district;
Regents determine the weights, and/or weighting options
and scoring ranges for the subcomponents
The way the matrix is established, the general rule is that
more weight is given to the higher score, which is
advantageous to the teacher (tie goes to the teacher)
Exception to that rule is if a teacher is rated ineffective in
one category that teacher can only be developing; also, if a
district and union choose to utilize the locally selected
measure of student performance, and the teacher is rated
ineffective for the entire student performance category,
then that teacher would be rated ineffective overall (which
is the aligned with current law)

Underlined text highlights where the Assembly was able to make

changes
12

FINAL STATE BUDGET

ISSUE

NYC Mayoral
Control

EXECUTIVE
PROPOSAL
Extend mayoral control provisions for the NYC
school district until June 30, 2018.

FINAL STATE BUDGET

Deferred per executive

A.3010/S.2010
Education Reform,
Part C

Programmatic
Contingency to State
Aid

A.3010/S.2010
Education Reform,
Part D

Provide that the Legislature must enact provisions

of the Education Opportunity Agenda in order for
districts to receive an increase of $1.06 billion
(4.8%) in General Support for Public Schools
(GSPS). If not enacted, school districts would
receive an increase of $377 million (1.7%) instead.

Provide that NYC will not receive any increase in
aid over the 14-15 SY unless current mayoral
control provisions are extended until June 30,
2018.

Provide that all school districts must fully
implement any new APPR changes by September
1, 2015 or they will not receive an increase in aid
over the 14-15 SY.

13

Rejected