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New state evaluation framework leaves much up to local districts

Teachers can expect unannounced observations to factor into their annual ratings under the terms of the evaluations agreement that Gov. Andrew Cuomo announced today.

The unannounced observations are one of several ways that the State Education Department and state teachers union, NYSUT, agreed to flesh out the state’s 2010 evaluation law, seen as so open-ended as to stymie implementation.

The agreement, which Cuomo is set to turn into law through the state budget amendment process, resolves some major points of contention while continuing to leave many elements of districts’ evaluation system subject to local collective bargaining. Districts and their unions have until the end of 2012 to turn the framework into a local evaluation system, or risk losing state aid.

The framework hews to the broad contours of the 2010 teacher evaluation law: 20 percent of ratings will be based on a calculation of student growth based on state test scores; 20 percent will be based on other assessments that are decided locally; and 60 percent will come from subjective measures such as observations, also decided upon locally. Teachers will still receive a score between 0 and 100 and a rating ranging from “ineffective” to “highly effective.” But there are new constraints.

In a major win for the state, teachers whose students show no academic growth will get an “ineffective” rating, even if the rest of their evaluation is strong. The evaluation law had not provided for such a circumstance.

The 20 percent of ratings that are supposed to come from local assessments had been the most obvious point of contention between SED and NYSUT. Last year, NYSUT sued the state after Cuomo pressed the Board of Regents to double the weight of student test scores in teachers’ evaluations. Today’s agreement does allow districts to use state test scores for the local assessments — as long as their calculation of student growth isn’t based on the same formula as the state’s.

For example, districts could crunch the state’s numbers to show the growth of students in high-needs groups, or they could calculate an entire school’s test score climb to complement that of a single teacher’s students. Districts can also elect to use assessments produced by third-party vendors or create their own assessments, something the city had been working on when teacher evaluation negotiations fell apart at the end of December. Today’s agreement gives the state the right to vet the rigor of local assessments.

Richard Iannuzzi, NYSUT’s president, said the agreement announced today adequately constrained the role of test scores.

“While there is a place for standardized testing in measuring teacher effectiveness, tests must be used appropriately,” he said in a statement.

The agreement also clarifies the role of observations in a teacher’s rating. Previously, the evaluation law didn’t actually say that teachers would have to be observed as part of the evaluation process. The new framework guarantees that at least 31 percent of the ratings is based on at least two observations by principals. One of those observations must be unannounced, something that teachers unions have long opposed.

The agreement also bolsters the role of the state education commissioner. Now, the commissioner will have the right to reject local evaluation systems on grounds other than whether they simply comply with the state law. Systems that appear to crafted outside the spirit of the law — to make evidence of student growth a crucial component of teacher ratings — are also subject to rejection.

And the commissioner is also getting the right to evaluate teachers if he or she suspects their districts are not doing a good job.   The provision is meant as a safeguard against the current reality, in which virtually all teachers across the state receive “satisfactory” ratings each year even as student achievement results suggest that schools have a great deal of room to improve. State officials said they had no goals for the number of teachers who receive low ratings under the new system and did not anticipate stepping in to issue new evaluations for individual teachers in most cases.

Today’s agreement represents a substantial narrowing of the world of possibilities under the state’s evaluation law. But much of what will actually make up teachers’ ratings remains up to negotiation between local districts and their unions. Both the local assessments and the subjective measures other than observations must be bargained. Negotiations will direct what observation model principals when watching teachers in their classrooms. And, of course, districts and their unions will have to agree on the appeals process for teachers who get low ratings. That element had been the sticking point in New York City, and a separate deal on that front announced today won’t go into effect until all of the other pieces fall into place.

For the hundreds of school districts across the state that had actually come to an agreement on new teacher evaluations, the framework is sending them back to the negotiating table. Their deals will remain in place for the remainder of this school year, but next year they will have to set new evaluation systems that match the state’s updated framework.

  • nuff said

    If they are still using the flawed AYP- NO Teacher is safe-AYP is a nonsense number that doesn’t work–reprint the formula and you will see noone can decipher it!!!

  • Flerplunk

    “In a major win for the state, teachers whose students show no academic growth will get an “ineffective” rating, even if the rest of their evaluation is strong.”

    Pace yourself, guys.

  • kwitchyourbitchin’

    What about an ATR who has no regular classes?  What test scores are used in that case?  Will there be measures in place to prevent being evaluated based on students who do not show up for the test? or for class at all?

  • Transformation Teacher

    Wow it was not until seeing this article that it is clear…Teachers got hammered on this one, and the politicians will do everything they can do destroy our profession…

  • Vote NO!

     ”"In a major win for the state, teachers whose students show no academic
    growth will get an “ineffective” rating, even if the rest of their
    evaluation is strong.”

    Only  a  fool  would  enter  teaching  after  this  deal.  A  college  graduate’s  livelihood  is  going  to  be  determined  by  students’  test  scores?…Good  luck  attracting  candidates  of  any  quality  into  teaching.  The  inner -city  schools  are  going  to  end  up  with  young,  ineperienced,  transient  teachers,  and  nothing  more.

  • Vote NO!

     ”inexperienced” 

  • Mynameisbaddronald

    How do morgage backed securites work?

  • Nycdoenuts

    I was actually going to ask; explain yourself, guys. Will the standard of ‘no academic growth’ be defined by the 20% state exams alone? Or would teachers have to perform poorly on the state portion and the local portion in order for a district to say that no academic growth took place.

    The reason I’m asking is because it would be a lot more difficult for a good teacher to do poorly on two different assessment pieces (20+20) than it would for the teacher to score poorly on just the state assessment piece (40% in one day). This would make it a little easier on us than it seems at first glance.

    I’m also wondering how anyone in the world could justify rating a teacher ineffective based on just 20% of his or her performance review, so any clarification would be great.

  • Jhaz1us

    How will the gym teacher and art teacher be evaluated?

  • JEFF S

    So tell me.  A secondary school teacher of language arts.  There is only one English Regents exam given in the senior year.  What state assessment will determine the first 20%  and what local assessment will determine the other 20%.  And despite Emperor Michael I’s best efforts to destroy the large high school, they still exist.  Some of the schools may have 120 or more teachers.  Until now, at least in New York City, a tenured teacher was only required to be observed once by usually an Assistant Principal.  Now the Principal is going to have to observe each staff member at least twice?  Or can one of the observations or both of them be by an Assistant Principal?

  • Guest

    AP’s and Principals have an incentive to keep their teachers out of the ineffective category.  People will look at them if too many teachers they supervise are deemed ineffective.  AP’s and Principals will lose their jobs if their schools are filled with ‘bad’ teachers. They won’t be able to control the 40%, but they will control 60%.  If the teacher survives the 40%, no principal with a brain will ‘fail’ the teacher.

    Principals and administrators are dime a dozen now, they know this and will protect their positions. 

  • Sold Out

    Can somebody tell my why I should keep paying my UFT dues? I really don’t see the need anymore since I got sold out today and there is nothing they can do for me or the 80,000+ teachers that they “represent”.

  • Brendan

    So, even good teachers will be rated ineffective if their numbers aren’t good?   I guess I have a different understanding of what 60% means.  

    I have two reactions to this fiasco (if I’m understanding it correctly).  First, the union just got crushed.  Absolutely hammered.  Now I can see why UNITY just amended the constitution to allow retirees more votes.

    Not only has tenure has been essentially eliminated.  It’s been replaced by something worse than “at will” employment, which at least allows the boss to decide who the good teachers are.  Now the computer will make that determination.

    I’m read to strike.  And keep my kids home on standardized test day.

  • Sold Out

    Good point. However, it does not really matter since principals have no control over the 40%. A teacher who is deemed “highly effective” in observations by a principal will get canned if that teacher does not have the test scores to back it up. 

  • Nycdoenuts

    Unity would have to call that strike and we all know who Unity cares about (Unity).

    It was known a few weeks ago that NYSUT was going to allow the stipulation of test scores. What isn’t clear to me of the precise weighting of the test scores. If the ‘ score’ from that section is something reasonable, and is distributed across both 20% sections, then I might be able to live with it. If it’s what the state had wanted before (11 out of 20 just to be rated effective, and anything less was developing or worse), then I’ll join whatever new union is formed.

  • DOEPyramidScheme

    How are foreign language, music, art, CTE, and phys ed teachers being assessed? 

  • Invictus

    They will be plenty of wanna be visitations by the Principal, as we all know, that it might be physically impossible to do what the model is asking of them….or asking of them to do properly.  So, there will be plenty of fabricated good observations and also plenty of drivebys….In general producing plenty of garbage info…Students will still get a shoddy education from the majority of schools because ultimately, regardless of how much “beating” the fat and lazy unionized teachers get, these people will NEVER resolve the main causal issue that lands a school in the black list of “in need of improvement.” 

    If this teacher evaluation becomes as punitive and as abused as it can be, then the rotation of teachers in NYC will become greater than what already is…and if it can be said that it has been a disaster until now, wait until the system really gets going….  It will be an unmitigated disaster especially for such a large system.  

    There will no longer exist a professional, for life teaching force in NYC…because who would want to put all their efforts in a job that is bound to have a finality….no one can truly and honest expected to give 110% of their capacity in a system for 20-25 years in order to earn some sort of retirement.  

    Good luck NYC and the DoE for its search of ‘iducators’ when the economy improves.  

  • Ken Hirsh

    Nonsense like this is why I have much more faith in the future of charter schools than in the reformation of traditional public schools.  

  • reality-based educator

    How long before we start to see the stories of how this system is unworkable – the observations the principal is going to have to do in my building will amount to 240 a year. Is this practical? In addition, as they roll out both new state and city tests in every subject in every grade, how long before parents balk? All we’re going to do in NY schools is prep students for tests and have students take tests.  How are parents in Scarsdale and other affluent suburbs going to react to this system?  Students could conceivably take 12 high stakes standardized tests a year if Commissioner King gets his way,  Are parents going to like that?

    Frankly, the basing teacher evals on student performance and lots of rigorous observations every year sounds great in theory – but as Tennessee has found out, when it’s put into practice, it becomes unworkable.

    I suspect that the NY system will be too.

    I only hope that the people who put this into place – Iannuzzi, Mulgrew, King, Tisch, and Cuomo – are held accountable for this mess.

    Here’s Winerip on how a similar system has played out in Tennessee:

    http://www.nytimes.com/2011/11/07/education/tennessees-rules-on-teacher-evaluations-bring-frustration.html?pagewanted=all

  • Invictus

    They might not have a way in which they might be tested, meaning that they might find some mystery box floating somewhere, get an arcane formulary book written in ancient Mohenjo Daro alphabet…and then use it to grade people.  

    PS:  Why is there a necessity of mention Art and Music teachers, as the State and City Ed departments have insulted the notion of what makes an individual qualified to teach these classes?  Students take computer courses, listen to garbage music, plagiarize text blocks from the Internet and give them credit.  An absolute insult to all the dead artists that fill the walls of museums in the Museum Mile and what little classical music venues left in NYC.  

    PS2:  Physical Education teachers?  What about using Wii sports for Physical Education credits?  

  • Invictus

    Let Unity tell the majority of its membership in the Middle and Primary schools that this is a victory…. there will be an outright revolt.  They will reap what they have sown.  

  • http://twitter.com/leoniehaimson leonie haimson

    I actually agree with you ken; is this why DFER and all the groups that you and the other hedge funders support came out so strongly in favor of this ridiculous agreement?  Because they knew how much it would undermine our public school system?

  • Misterveepee

    Well, that’s it then. My entire school (full of highly qualified professionals) will be “ineffective” as in our school we only teach recent immigrants who speak little to no English, and/or have little to no (or inadequate) educational experiences. Sucks to be us, I guess…

  • Leonard

    probably by how fat the gym teacher is and how goofy the art teacher is.

  • nuff said

    no reason to mention art and music–this agreement will finish those subjects for good–

  • Jhaz1us

     I was under the impression  that all union members had to be evalutaed in the same manner. How will nontesting grades and cluster teachers be graded?

  • nuff said

    And how will they measure growth anyway? Give me the students incoming baseline score and his target score on the FIRST day of school so at least I know what score to meet. But if it is a curve after the fact–how can I win?

  • Ken Hirsh

    Good one!  Seriously, I don’t think that is DFER’s intention, but I could understand how it might look that way if you think that the old system is better than this ridiculous Rube Goldberg contraption.  I prefer the new system, but only because the old system is even more ridiculous (if a whole lot simpler).  My preferred system, of course, sidesteps the DOE/UFT dance of the absurd.

  • Nycdoenuts

    Fun fact: none of this applies to charter schools! Is that another reason why you like it?

  • Ken Hirsh

    Nycdoenuts,

    This system would be a huge setback for most charter schools.  Sadly, that doesn’t mean it isn’t a step forward for traditional public schools.  I’m not sure of its merits in part because I don’t understand it well enough (and in part because big changes often have unintended consequences).  I suspect it will be a significant improvement, but I wouldn’t be surprised if it turns out to be a big mess.  I’m pretty skeptical of the merits of having an independent validator assigned to a teacher for a full year after they are flagged as ineffective.  Not sure I understand the process though…

  • Nychistoryteacher

    What happens when a tenured teacher has been deemed ineffective by standardized tests or observations? Are they automatically dismissed or is it at the discretion of the principal? Is it two years in a row, then dismissal? Is that going to have to be negotiated locally?

    I understand the component parts of the evaluation, just not what happens when you fail the evaluations.

  • Indigo112

    Great question…Gothamschools get on it!

  • Jhaz1us

    Too bad I have a typo!

  • S T

    The state has just sold out the teachers BIG time.  What if the most effective teacher imaginable gets assigned to teach students that don’t bring pencils or paper to class or are habitually disruptive, or are English Language Learners?  Their scores will be deficient, despite the valiant efforts of the teacher.
    As Leonie Haimson noted in comments on the sister article dealing wit NYC’s agreement, the state’s rating distribution means that teachers with students scoring in the 0 to 64 range will be deemed ineffective. Teachers who serve the neediest students will be penalized with losing their teaching licenses.
    With this kind of sell-out, is there any wonder that many NYC teachers are
    mobilizing to form a new caucus to challenge the UFT leaders’ reign of ineptitude?
    200 met already in a preliminary conference on February 4.  Keep an eye
    online for for details on the State of the Union, Part II. Join us in March 10 to launch a
    caucus to challenge the sell-out policies to the tyrany of Cuomo,
    Bloomberg and Duncan. Teachers across NYS need to engage in similar attempts to oust their leaders.

  • S T

    They’ll likely lose their license to teach. In NYC two strikes will put you in the group to face 3020a proceedings to lose your license.
    Teachers need to mobilize to find back together against this or get serious about pursuing a different career.

  • S T

    Your school has music and art?  In NYC most schools don’t have those frills.  Kids are in triple periods of English and double periods of math.  The teachers in those arts fields?  They’re in the ATR pool.

  • S T

    There is an opposition to Unity developing.  Keep an eye online to State of the Union, Part II, for the March 10 meeting.  Band together with people starting an opposing caucus.

  • anonymous

    I assume you think these kids are capable of learning. If so, there is no reason why they wouldn’t make a year’s growth in a year’s time. Value-add is complex and hardly perfect, but it’s a growth measure. In fact, many would argue that it’s harder to show measurable gains with high-achieving kids because it’s harder to see measurable growth if they’re already performing near the top of the scale. This is particularly true in state testing grades because the scoring band for level 4 is very narrow, so missing just 1-2 questions can drop you down quite a bit when you’re performing at the higher end of the scale. Meanwhile, if you are teaching motivated immigrant students who realize the opportunity they  have in getting a quality education, whose parents are invested in their students’ success and moved to a new country to ensure their kids had a better opportunity, and who have a lot of room to grow, you should probably see good results. In fact, many of the International schools score really well on the city progress reports for that very set of reasons. About 25% of the students in my school are ELLs (and many others are former ELLs). Many of those students were inadequately educated in their native countries. But they are some of the brightest and most motivated students in  our school. While they have a long way to go, I’m routinely inspired by the progress they make from year to year.

  • Skeno

    Isn’t the UFT caucus ICE an already established group that could best represent NYC teachers? ICE is small in numbers but they seem to be the most capable of representing teachers in these troubling times. (James Eterno is a very smart and motivated union man who would never allow the sell out that took place last week to happen) I voted for him in the last UFT presidential election and it is time that teachers realize that the Unity ticket is throwing our teaching careers out the window. However, as ST mentioned above there is a massive need right now for a change in our UFT leadership and I am open to any and all suggestions on how to get back in the fight.

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