When New York State won Race to the Top funding, the explicit agreement among the city, state, and teachers’ union was that test scores would be 20% of teachers’ evaluation. When the deal was done, Governor Andrew Cuomo insisted that testing count for 40%.When the unions did not support his re-election in 2014, he raised the weight of testing to 50% and inserted that requirement into the budget.
So without any review of research, the teachers of New York were saddled with an onerous and phony evaluation system, based on the governor’s whim.
Now legislators are are uncertain what to do. The opt out movement is not going away, and it has caught their attention.
This article appeared in Politico Pro; it is behind a paywall. It was written by Keshia Clukey.
By KESHIA CLUKEY
“ALBANY — State lawmakers are divided over how to handle the law linking teacher and principal evaluations with school funding, with a deadline approaching for school districts to put an evaluation system in place.
“Some legislators are calling for the law to be re-written, while others think it should be repealed entirely.
“The original evaluation system was the governor’s ill-conceived plan that was passed last year and now is wreaking all kinds of chaos in state education,” said Assemblyman Anthony Brindisi, a Utica Democrat. “Everyone is scrambling right now trying to correct what was an ill-complete plan to begin with. Many of us knew that it was unworkable then, and it’s unworkable now.”
“Brindisi said he would like to see the law — which was put in place to weed out low-performing teachers at a time when the state was implementing new, higher standards for students — repealed.
“Teachers are not the problem with education in New York State right now,” he said. “It’s the inadequate funding…that is impacting students’ ability to achieve.”
“If the districts don’t put the new evaluation system in place, they risk losing any increase in state aid from the recently passed budget. That includes the funding allotted to restore the Gap Elimination Adjustment, a formula established during the 2008 recession that distributed cuts to school districts as the state grappled with deficits. The budget for the 2016-17 school year fully restored the $434 million left in the GEA.
“A spokeswoman for Gov. Andrew Cuomo Thursday backed the evaluation system saying it created a more accurate and fair measure of a teacher’s performance.
“While certain Common Core-aligned tests will not be counted for several years to address the botched Common Core implementation, the evaluation law remains intact,” Cuomo spokeswoman Dani Lever told POLITICO New York in an emailed statement. The state education department, she said, should work “with the districts to implement evaluation systems that can improve educational opportunity for our students instead of protecting the bureaucracy that has failed them for so long.”
“The evaluation system, which Cuomo pushed through in last year’s budget, relies heavily on the use of student scores on the state’s standardized, Common Core-aligned exams. The law also requires districts put new evaluation plans in place or risk losing state aid increases.
“The new system only created more contention among parents and teachers, who were already angered by the rollout of the Common Core learning standards. Last spring, a state-wide test opt-out movement blossomed, with more than 200,000 students refusing to take the state third- through eighth-grade exams.
“The state Board of Regents, tied by the prescriptive nature of the law, put in place a waiver system allowing districts to delay implementation of the new evaluation system through September 2016….”
“The Regents Monday questioned why districts should still have to put time, effort and money into putting in place a new system when it will be changed again in 2019-20.
“Democratic Assemblywoman Amy Paulin of Scarsdale agreed.
“It seems a little ridiculous to require the districts to change their [Annual Professional Performance Reviews] just to change them again,” said Paulin.”

Cuomo, like Michigan’s governor, should resign. Ill-conceived ideas reflect poor judgment.
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Other states have tried test scores @ 50% of teacher evaluations. None have worked and none have lasted. Cuomo’s reckless plan is a waste of resources; his pro-charter policies and dismantling of a once proud and preeminent public education system are unforgivable acts of aggression against children and parents.
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In Ohio, it is 50 percent of our evaluation. This year I have a large number of apathetic students. I can’t get them to take notes or do their homework. They simply do not care about school. I deliver these students my very best, but I get almost nothing back. I will be judged by their low test score. This is why a teacher shortage is on its way. Teachers are responsible for variables we cannot control. Fewer and fewer people will accept this abuse for such low pay and no job security.
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2% is wrong. 50% is criminal. I am with you, Sad Teacher. What a world we live in. Keep doing the right thing despite the test.
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And our legislators added a student survey option which drops student test scores to 42.5%. You can’t make this stuff up. The tests change every year and are of poor quality. The students could care less. Kasich and the Republicans running Ohio have no idea what they are doing. Battelle for Kids seems to be the secret cabal of statisticians running the show. But it is bad science based on bad data producing bad results. I predict ongoing “safe harbor” years or lawsuits, or both. I do think the goal is to destroy teaching as a profession and replace with H1bs or unqualified “facilitators”. For all but the wealthy, of course.
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Math Vale, I could not agree with you more. You are so correct. My husband and I think that we are all observing the last years of the career educator. The deformers know this is all junk Science. They can’t be this stupid. They just want teachers fired and kicked out of the classroom. Then, the deformers can take over. The wealthy will still have fine educators and great schools. The middle class and poor schools will be run by cheap labor, so profit can go directly to the online tech industry and charter industry. It is happening as we speak. I no longer recognize my profession. I leave my profession next year with so much love and thankfulness to God, because I know my age group is one of the last groups to leave with a full retirement for our years of hard work. I feel so badly for the young teachers. I mourn for them. It all wears on me deeply.
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Yes. I am not able to retire, but I am leaving math instruction and pursuing other opportunities after several years. I enjoy math and love teaching teenagers from gifted to struggling, but our state values testing over learning. Kasich and the Republicans running Ohio believe, unless you are an industrialist or have vast wealth, you are incompetent, lazy, and worthless. Teachers in Ohio are to be monitored and controlled, not supported and trusted. We have become the enemy. Ohio will get the schools it wants.
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Some people might not understand why these evaluations do not work. They don’t work because standardized tests correlate closely with the socioeconomic background of the child and not with the effectiveness of the teacher. In order to evaluate a teacher, other professionals would have to be familiar with the SCHOOL progress of the students in that teacher’s class. Oh, yes, that type of evaluation would cost money.
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A list of the terribly inaccurate assumptions that debunk the reform case for test-based teacher evaluations:
Standardized tests can accurately quantify effective teaching.
WRONG
Standardized tests can accurately quantify authentic learning..
WRONG
Students always do their best when taking tests.
WRONG
Effective teaching can overcome the effect of chronic absenteeism
WRONG
Effective teaching can overcome apathy, inattention, and distracted behaviors.
WRONG
Effective teaching can overcome non-compliance and negative attitudes .
WRONG
Effective teaching can overcome mental illness and cognitive disabilities.
WRONG
Effective teaching can overcome incomplete or delayed brain development.
WRONG
Effective teaching can overcome family dysfunction and parental neglect.
WRONG
Effective teaching can overcome the stress and strain of poverty.
WRONG
Students bear NO responsibility for their own learning.
WRONG
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Exactly…well said. False assumptions lead to false conclusions.
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Did the list of wrong ideas come from the TFA handbook?
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“While certain Common Core-aligned tests will not be counted for several years to address the botched Common Core implementation, the evaluation law remains intact.” Why is the press reluctant to say that high school teachers will still be evaluated by students’ scores on Regents exams? In some poor and financially-strapped districts, a composite score of all Regents exams will be used in the 50 percent test score portion to rate teachers who are NOT rated based on a course-ending Regents exam. in some cases, this could be every teacher in a district. That’s right, the Algebra teacher’s score will be part of the kindergarten teacher’s evaluation. How is this even valid? Repeal the law that created this mess.
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Thank you, Nimbus. Nobody seems to want to talk about this. The media totally ignores the whole thing.
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When I taught Regents level French, my students’ test scores didn’t count for any evaluation, ranking, rating, etc. For 10 years all of my students passed the French regents exam and a good percentage passed with over an 85 (considered “mastery” level). WHY? Because I was a “highly effective” teacher? Nope, not in my view. Because we did AT LEAST 15 -20 previous regents exams as practice. I grilled them and drilled them on vocabulary that reappeared, test-taking strategies,memorization, etc. They could have taken this test in their sleep. I had students who did poorly in class, but, boy, did they know how to take this test. I was the consummate test-prep technician. They were bored with it, but they weren’t going to fail this test on my time. This is how it was back before this whole VAM model. Can you imagine what it will be like when teachers actually have to get students to pass to keep their jobs? It’s happening now. I wish I could have used that time to do more real learning, but even then I felt the pressure to get them to pass the test. 😦
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Careful Maime. you are not supposed to reveal the “dirty little secret” of the Regents testing system in New York. Regents classes are essentially test-prep courses for the material every experienced teacher knows will be on these very predictable and redundant exams.
The pressure for HS teachers to produce high pass rates pervades the Regents program – especially since passing five of these exams is required for graduation. I can’t tell you how many discussions I have had where the Regents teacher said, “Oh no, we don’t teach that – it’s not on the exam.” AP courses are run in a very similar manner as well.
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The NYSED has dug themselves a very deep hole on this. Their promise to approve “local” exams for each subject area not covered by a Regents test is an unworkable nightmare – and will never be in place for 2016 – 2017. And only God knows what SLO formula will be in place because right now setting targets is a total crapshoot.
I am in favor of using composite Regents scores to rate all teachers in a district. Yes the kindergarten art teacher and the AP physics teacher both get evaluated on pooled Regents scores. Of course there is zero validity – but that is the big advantage. Principals will not want to TIP an entire staff – and they certainly can’t dismiss the whole faculty. Plus it would establish a bomb-proof court case if presented to any rational judge. And this idea goes all in on making a complete mockery of our APPR system. We will become a laughing stock thanks to Cuomo and his reckless ways.
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Agreed. I had wondered about the “bomb-proof” court case that might result from this. it could be why so many schools north of the island (dare I say Bernie Sanders’ territory?) are implementing it.
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From Palm Beach County, FL:
The Failure of Merit Pay – why it will fail our students most in need – a school board talk by Andy Goldstein. April 20, 2016.
Transcript:
Good evening. My name is Andy Goldstein. I’m a teacher at Omni Middle School and the proud parent of an 8-year-old daughter who attends second grade at one of our public elementary schools.
I wish to talk about the proposed salary agreement for teachers.
This proposed salary agreement, if approved by our teachers, will be the first year that so-called merit pay will be put into effect in Palm Beach County as mandated by Senate Bill 736.
It divides those teachers who will earn a raise into categories of “effective” and “highly effective.” The highly effective category pays teachers 25 percent more.
I’m looking at this merit pay plan through the lense of our District’s 5-Year Strategic Plan, which our School Board approved.
Our District’s Mission Statement states that:
The School District of Palm Beach County is committed to providing a world-class education with excellence and equity to empower each student to reach his or her highest potential with the most effective staff to foster the knowledge, skills, and ethics required for responsible citizenship and productive careers.
Beautiful!
This proposed pay plan actively works against this mission, and vital elements of our Strategic Plan in the following ways:
• Instead of promoting a high performance culture in which teachers are respected and allowed to collaborate to help our students, it promotes divisiveness, bitterness and competition between teachers. Merit pay historically has not been supported by teachers because the pay has been based on subjective and arbitrary systems of evaluation, and teachers know there is no fair way for it to be done.
• If merit pay is a good idea, then why is it a highly kept secret in each school which teachers are found to be highly effective? Don’t we want to share best practices?
• It promotes those teachers who have a certain set of students that respond to a certain growth pattern needed for a narrow set of test scores – called VAM—the Value Added Model of teacher evaluation.
• In our District’s 90-Day Entry Plan findings, you ask the big questions: Is it good for children? Is it research based?
• Merit pay is not good for children. It punishes those teachers working with the most challenging populations, the very populations you state you most want to lift up.
• Merit pay based on test scores is not research based. In fact, research shows the opposite. It shows no affect in student outcomes because basically, the teachers studied were doing the best they knew how, no matter what population of students they were teaching. The American Statistical Association cautions that VAM scores, while they may be useful in noting large trends in big systems, are not effective when they are used in high-stakes decision making related to individuals.
• Our District’s strategic plan cites the need for a high performance culture. Yet merit pay goes against this. It’s an extrinsic form of reward, making use of carrots and sticks, as if our teachers were pet monkeys. W. Edwards Deming, the management consultant who turned Japanese auto makers into world class manufacturers, said that the intrinsic motivation –the love of the work itself—is what motivates people to do a good job. He said it’s important to pay people well, develop their capacities for excellence and let them do their job.
• Merit pay works against this. It will make the District actively work against having all teachers be highly effective, since our School District is not going to want to pay the top salary for all its employees. We already see this at work in Florida’s Lake County School District.
As education historian Diane Ravitch states: Merit pay has over 100 years of research and has never been found to be effective.
As teachers, we have been branded with a Scarlet Letter, called VAM, a projection of the collective sins of our society for our grotesque inequity.
I will not, as a teacher, vote to approve merit pay, which will widen this inequity for our most underserved students most in need, and I ask the District to fix this botched idea and work at having it reversed by our state legislature.
Thank you.
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Palm Beach school board member, Mike Murgio, was arrested by the FBI.
http://extracredit.blog.palmbeachpost.com/2016/04/21/school-board-member-mike-murgio-arrested-source-says/
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Fixing teacher evaluation should not be “perplexing”.
It’s a no-brainer — at least the first step: dump Andrew Cuomo’s spite-inspired rubbish.
What is genuinely perplexing is that so many people in NY voted for and continue to go along with Andrew Cuomo — many of them even twice(!!) after it was perfectly clear that he is an idiot.
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Agreed SDP. Any legislator or BOR member that is “perplexed” (completely baffled; very puzzled) by the vindictive and counterproductive APPR plan foisted upon us by Cuomo is as clueless as he is. There is no mystery here to puzzle over. Banish APPR to the ash heap of FAILED ideas. And these same clueless legislators, Regents, and governor will squeal in horror: “But how can you teachers be held accountable.”
The real answer is that “accountability” is a bullshit concept made up by people who want control.
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Two more years under that bastard’s rule. Chris Gibson will destroy Cuomo in 2018.
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Poet,
I’m not a supporter of Cuomo, nor did I ever vote for him, but maybe I can shed some light on how he got elected in the first place, and how he easily got re-elected.
There is great affection for his dad among NYS Democrats. That, and the solid job he did as NYS Attorney General got him elected first time…that, and running against bat-schist crazy Carl Pallidino.
The second time is more complicated. It was apparent from the start that Cuomo was strategizing an eventual run for the Presidency. He may be venal, but he is a smart guy. He looked at the tea leaves, held his finger up to test the wind and decided to try to please everybody. He could look like a tough conservative if he went after NYC in general and the NYS teachers in particular. He courted his big money friends and gave them carte blanch to open charters, etc. He assessed all the issues and chose his position on them based on how they would affect his electability.
So after burnishing his credentials as a conservative Democrat, he then swung for the fence as a progressive by getting gay marriage in NYS years before the SCOTUS ruling. Then he strong-armed through the legislature the NYS Safe Act after the Sandy Hook massacre. He set out to please nearly every constituency, right or left, that would help him in a future presidential run, and he did it successfully.
He also used his political skills to clear the table of opposition during his re-election campaign and finally, he was lucky to run against an extremely weak opponent in the general.
The general public was really uninterested in his war against the teachers and education. If they were pleased with their local schools it simply didn’t matter, plus the accepted viewpoint that unions are bad, even in blue NYS had traction. Only when his policies directly affected their children did those parents rise up in opposition to him.
Finally, his strongest supporters are in the major urban areas of NYS where opposition to his education policies is weakest.
That’s my analysis for what it’s worth. If he runs for re-election in 2018 he will probably win in a cake-walk. Short of being indicted by a prosecutor or grand jury, he will stay Governor of New York as long as he wants.
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Your analysis is spot on Rockhound. Except his cake-walk re-election. maybe its wishful thinking, but he is despised throughout upstate and he didn’t come close to crushing the low-energy Astorino and even Teachout gave him a run for his money in the primary.. Gibson is setting the table for a much more serious challenge and will have an excellent chance of dethroning that inglorious bastard.
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Rage,
I hope you are right. The number of voters downstate dwarfs those of us upstate. Any Republican opponent would need to present as a moderate to peel enough votes away from Cuomo, and there aren’t many of those around, even in blue NY. I’m not hopeful that a primary challenge will succeed, as the Gov pretty much controls the state party apparatus. Look what he did to Zephyr in 2014.
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Thanks rockhound
Perhaps I am just perplexed because I see Cuomo as an idiot and others know something about him that I do not (and probably do not want to) know.
I can only judge his intelligence based on what he has said and done — and I don’t consider getting elected a particularly good gauge of intelligence (GW Bush got elected twice)
People who pursue the kind of slash and burn policy toward schools that Cuomo has pursed (which even his own board of regents now recognizes as an unmitigated disaster) and people who say things like “The tests are meaningless for students” (to get parents on board!) are not high on my list of “smart” people.
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RH
I hear that Gibson has been spending some time downstate, setting the stage for a very strong challenge. Gibson will present himself as a well spoken, rational, moderate alternative to the reprehensible demagogue now in office.Winning a third term is typically difficult as many New Yorkers will have trouble accepting 12 YEARS of Andrew Cuomo’s slimy presence in Albany.
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Teacher evaluation is not perplexing. Teachers have been evaluated for decades before the state started to try to control the process with bogus formulae. Forget the algorithms. Keep it local and personal from trained administrators that know the work of the teachers best. Staff evaluation is part of their job. While this system may not be perfect, it is far more authentic and reasonable and accurate than number crunching factors that cannot be crunched!
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Teaching is a profession that is very much self-selecting. Facing a room full of 20 to 30 children willing to challenge your every misstep is not the work environment one sticks with if they can’t meet the challenge. Students evaluate us every day – and with a fairly critical eye.
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Mentoring and apprenticeship have worked well for thousands of years of human existence. Teaching is collaborative, not algorithmic. Why these clueless Reformers think a 30 question test and a few unproven statistical models can replace human interaction and leadership is almost comical if it wasn’t hurting so many kids.
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