Governor Cuomo insisted on a teacher evaluation law that relies heavily on test scores. And he got it as part of budget negotiations. A teacher who is rated “ineffective” on the test scores cannot receive an effective rating no matter what his/her scores on observations and other measures. Test scores trump all. Here is a summary of the bill that passed last night.

It makes no sense for politicians to tell school leaders how to evaluate educators. The definition of a profession is that it is self-regulating. Teaching in Néw York will be closely regulated by the state. Local control will pass into history.

Carl Heastie, the leader of the State Assembly, controlled by Democrats, said the Assembly would pass the budget despite their discomfort with the education proposals. What matters most, he says, is an on-time budget.

Consider the elements that may NOT be included in teachers’ evaluations:

“6. PROHIBITED ELEMENTS. THE FOLLOWING ELEMENTS SHALL NO LONGER BE ELIGIBLE TO BE USED IN ANY EVALUATION SUBCOMPONENT PURSUANT TO THIS SECTION:

A. EVIDENCE OF STUDENT DEVELOPMENT AND PERFORMANCE DERIVED FROM LESSON PLANS, OTHER ARTIFACTS OF TEACHER PRACTICE, AND STUDENT PORTFOLIOS, EXCEPT FOR STUDENT PORTFOLIOS MEASURED BY A STATE-APPROVED RUBRIC WHERE PERMITTED BY THE DEPARTMENT;

B. USE OF AN INSTRUMENT FOR PARENT OR STUDENT FEEDBACK;

C. USE OF PROFESSIONAL GOAL-SETTING AS EVIDENCE OF TEACHER OR PRINCIPAL EFFECTIVENESS;

D. ANY DISTRICT OR REGIONALLY-DEVELOPED ASSESSMENT THAT HAS NOT BEEN APPROVED BY THE DEPARTMENT; AND

E. ANY GROWTH OR ACHIEVEMENT TARGET THAT DOES NOT MEET THE MINIMUM STANDARDS AS SET FORTH IN REGULATIONS OF THE COMMISSIONER ADOPTED HERE- UNDER.”

In addition, future state aid is tied to districts’ compliance with the evaluation law, written by non-educators with no knowledge of research or practice:

NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, NO SCHOOL DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT OF GENERAL SUPPORT FOR PUBLIC SCHOOLS FROM THE FUNDS APPROPRIATED FOR THE 2015–2016 SCHOOL
YEAR AND ANY YEAR THEREAFTER IN EXCESS OF THE AMOUNT APPORTIONED TO SUCH SCHOOL DISTRICT IN THE RESPECTIVE BASE YEAR UNLESS SUCH SCHOOL DISTRICT HAS SUBMITTED DOCUMENTATION THAT HAS BEEN APPROVED BY THE COMMISSIONER
BY NOVEMBER FIFTEENTH, TWO THOUSAND FIFTEEN, OR BY SEPTEMBER FIRST OF
EACH SUBSEQUENT YEAR, DEMONSTRATING THAT IT HAS FULLY IMPLEMENTED THE
STANDARDS AND PROCEDURES FOR CONDUCTING ANNUAL TEACHER AND PRINCIPAL EVALUATIONS OF TEACHERS AND PRINCIPALS IN ACCORDANCE WITH THE REQUIRE-
MENTS OF THIS SECTION AND THE REGULATIONS ISSUED BY THE COMMISSIONER.