The State of New York Public Education, 2014

In 2010 and 2012, the New York legislature passed laws establishing new teacher evaluation requirements for school districts.⁸ The laws required that, starting in the 2011–2012 school year for fourth- through eighth-grade English-language arts and math teachers, and in the 2012–2013 school year for all other teachers, teachers were to begin receiving annual professional performance reviews (APPRs) that rate performance based on multiple measures of teacher effectiveness including student achievement growth. For teachers of grades and subjects with a state assessment and state-developed measure of student learning growth (currently fourth- to eighth-grade English-language arts and math), the state-developed growth score comprises 20 percent of the total performance rating. For teachers of other grades and subjects, an alternate measure of student learning growth based on a state-approved district-wide goal-setting process (student learning objectives) comprises 20 percent of the performance rating.⁹ An additional 20 percent of all teachers’ performance ratings is based on rigorous, locally selected measures of student achievement that are comparable across classrooms.¹⁰ The remaining 60 percent is based on observations of classroom practice using a state-approved rubric. Districts must submit their finalized evaluation model to the Commissioner for approval.

Each teacher receives an overall performance rating of highly effective, effective, developing or ineffective. Districts are required to use these results as a significant factor in professional development, as well as in personnel decisions such as tenure, retention, promotion, supplemental compensation and dismissal. Teachers rated developing or ineffective must participate in a teacher improvement plan (TIP).

First-time New York teachers may be awarded tenure after a three-year probationary period or after two years of regular substitute teaching and a one-year probationary period.¹² The new teacher evaluation law requires districts to use performance ratings as a significant factor in personnel decisions, including tenure, but districts must still determine the definition of “significant.”¹³ The new evaluation law also allows districts to consider teachers who receive two consecutive ineffective ratings for dismissal through an expedited hearing process.¹⁴

When districts must downsize for budget or other reasons, New York requires districts to lay off teachers in inverse order of seniority, with the least senior teachers laid off first. New York is one of eleven states that require some or all districts to use this “last in, first out” or LIFO layoff policy.¹⁵

Districts establish teacher compensation policies in New York. There is no statewide salary schedule and no statewide policies that support differentiated compensation systems based on teacher effectiveness. However, in 2010, New York received a federal Teacher Incentive Fund (TIF) grant that currently supports performance-based compensation programs in 68 high-need schools over a five-year period.¹⁶

New York ranked first nationally in average annual public school teacher salary in 2012–2013 (although this figure does not take into consideration cost-of-living differences across states).¹⁷

To earn initial certification to teach in New York, candidates must complete a state-approved teacher preparation program and pass certification exams measuring basic knowledge and skills, proficiency in teaching theory and practice and subject-specific content knowledge.¹⁸ Candidates also must pass the edTPA, an assessment requiring candidates to submit a portfolio of work from an instructional unit taught to a class of students, including instructional video clips, lesson plans and student work samples. However, candidates applying for initial certification prior to June 30, 2015 who do not pass the edTPA but still meet all other requirements may earn certification by passing an alternative written exam.¹⁹

New York has three alternative routes to certification: The Alternative Teacher Preparation program (Transitional B), the Intensive Program (Transitional C) and the Transitional G. These pathways allow candidates to bypass traditional preparation programs, but they still place requirements on certification receipt. For example, Transitional B applicants must have a 3.0 GPA, Transitional C applicants must have an advanced academic or professional degree and Transitional G applicants must have an advanced degree in a STEM field and two years of teaching experience at a post-secondary institution. All alternative certification candidates must pass basic skills and content knowledge exams.²⁰

Evaluations of teacher effectiveness are not considered in licensure advancement decisions in New York.²¹

There is a statutory cap on the number of charter schools in New York. The law originally included a cap of 200 charters statewide (almost all of which have been issued) and a 2010 amendment allowed for 260 more, bringing the total number of charter schools to 460. Of the 260 allowed by the 2010 amendment, a maximum of 114 charters may be issued for New York City. There is no cap on the number of conversions of traditional public schools to charter schools.

Applications for new charter schools may be submitted to the state education department or to the Charter Schools Institute at the State University of New York (SUNY). The Board of Regents ultimately issues charters in the state.²³

Charter school authorizers are required to monitor student outcomes and finances of the schools they authorize and provide notification to the schools of any problems. The schools are required to submit annual reports and make them publicly available. When necessary, if the requirements of a remedial plan are not met, the charter may be revoked and the school closed. All renewal and closure decisions must be made at meetings open to the public.

In New York, charter schools have access to a discretionary fund for start-up and facilities costs and are considered a public agent eligible for certain tax-exempt financing programs. Schools with charters issued under the 2010 allotment must have their facilities approved by the state education department or be granted a waiver. In New York City, many charter schools are co-located with other public schools. Amendments to the charter law in 2014 make specific provisions for facilities access or rental assistance for charter schools in New York City.²⁴ The assistance is currently only available to co-located schools (those sharing public space) in New York City.

Charter schools in New York receive per-pupil funding from the local school district in which the charter school is located, according to statutory funding guidelines.²⁵

In New York, charter school funding lags behind traditional public school funding. According to a recent study, when all funding streams are considered, the average charter school receives $15,920 per-pupil, while the average district school receives $21,152 in per-pupil funding (24.7 percent less).²⁶