Sec. 30-3.2. Definitions

As used in this Subpart:

(a) Approved teacher or principal practice rubric shall mean a rubric approved by the commissioner for inclusion on the State Education Department's list of approved rubrics in teacher or principal evaluations.

(b) Approved student assessment shall mean a student assessment approved by the commissioner for inclusion in the State Education Department’s lists of approved student assessments to measure student growth for use in the mandatory subcomponent and/or for use in the optional subcomponent of the student performance category.

(1) Approved assessments in grades kindergarten through grade 2. Traditional standardized assessments in grades kindergarten through grade 2 shall not be on the approved list. However, an assessment that is not a traditional standardized assessment shall be considered an approved student assessment if the superintendent, district superintendent, or chancellor of a district that chooses to use such assessment certifies in its annual professional performance review plan that the assessment is not a traditional standardized assessment, and that the assessment meets the minimum requirements prescribed by the commissioner in guidance.

(c) Building principal or principal shall mean a building principal or an administrator in charge of an instructional program of a board of cooperative educational services.

(d) Classroom teacher or teacher shall mean a teacher in the classroom teaching service as that term is defined in section 80-1.1 of this Title who is a teacher of record as defined in this section, except evening school teachers of adults enrolled in nonacademic, vocational subjects, and supplemental school personnel as defined in section 80-5.6 of this Title.

(e) Developing means an overall rating of developing received by a teacher or building principal, based on the ratings an educator received in the student performance category and observation/school visit category pursuant to the matrix prescribed in section 30-3.6 of this Subpart.

(f) District means school district and/or board of cooperative educational services, unless otherwise provided in this Subpart.

(g) Effective means an overall rating of effective received by a teacher or building principal, based on the ratings an educator received in the student performance category and observation/school visit category pursuant to the matrix prescribed in section 30-3.6 of this Subpart.

(h) Evaluator shall mean any individual who conducts an evaluation of a classroom teacher or building principal under this Subpart.

(i) Highly effective means an overall rating of highly effective received by a teacher or building principal, based on the ratings an educator received in the student performance category and observation/school visit category pursuant to the matrix prescribed in section 30-3.6 of this Subpart.

(j) Ineffective means an overall rating of ineffective received by a teacher or building principal, based on the ratings an educator received in the student performance category and observation/school visit category pursuant to the matrix prescribed in section 30-3.6 of this Subpart.

(k) Lead evaluator shall mean the primary individual responsible for conducting and completing an evaluation of a classroom teacher or building principal under this Subpart. To the extent practicable, the building principal, or their designee, shall be the lead evaluator of a classroom teacher in this Subpart. To the extent practicable, the lead evaluator of a principal should be the superintendent or BOCES district superintendent or his/her designee.

(l) Leadership standards shall mean:

(1) for annual professional performance reviews conducted prior to the 2024-2025 school year, the Educational Leadership Policy Standards: ISLLC 2008 as adopted by the National Policy Board for Educational Administration (Council of Chief State School Officers, Washington DC, One Massachusetts Avenue, NW, Suite 700, Washington, DC 20001-1431; available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234). The leadership standards provide that an education leader promotes the success of every student by:

(i) facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community;

(ii) advocating, nurturing and sustaining a school culture and instructional program conducive to student learning and staff professional growth;

(iii) ensuring management of the organization, operations and resources for a safe, efficient, and effective learning environment;

(iv) collaborating with families and community members, responding to diverse community interests and needs, and mobilizing community resources;

(v) acting with integrity, fairness, and in an ethical manner; and

(vi) understanding, responding to, and influencing the larger political, social, economic, legal, and cultural context;

(2) for annual professional performance reviews conducted commencing in the 2024-2025 school year, the Professional Standards for Educational Leaders: PSEL 2015 as adopted by the National Policy Board for Educational Administration (1904 Association Drive, Reston, VA 20191 -- available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234), as modified by the Board of Regents. The New York State leadership standards provide that an education leader shall:

(i) develop, advocate, and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student;

(ii) act ethically and professionally and according to professional norms to promote each student’s academic success and well-being;

(iii) strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being;

(iv) develop and support intellectually rigorous, culturally relevant, and coherent systems of curriculum, instruction, and assessment to promote the academic success and well-being of all students;

(v) cultivate an inclusive, caring, and supportive school community that promotes the academic success and well-being of all students;

(vi) develop the professional capacity, cultural competence, and practice of school personnel to promote the love of learning, academic success, and well-being of all students;

(vii) foster a professional community of teachers and other professional staff to promote each student’s academic success and well-being;

(viii) engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being;

(ix) manage school operations and resources to promote each student’s academic success and well-being; and

(x) act as agents of continuous improvement to promote each student’s academic success and well-being.

Provided, however, that nothing shall be construed to abrogate any conflicting provisions of any collective bargaining agreement in effect on and after December 1, 2022 that requires the use of the ISLLC: 2008 standards until entry into a successor collective bargaining agreement.

(m) School building shall mean a school or program identified by its Basic Educational Data System (BEDS) code, as determined by the commissioner.

(n) State-designed supplemental assessment shall mean a selection of State tests or assessments developed or designed by the department, or that the department purchased or acquired from:

(1) another state;

(2) an institution of higher education; or

(3) a commercial or not-for-profit entity, provided that such entity must be objective and may not have a conflict of interest or appearance of a conflict of interest; and tests or assessments that have been previously designed or acquired by local districts, but only if the department significantly modifies growth targets or scoring bands for such tests or assessments or otherwise adapts the test or assessment to the department’s requirements.

(o) Student growth means the change in student achievement for an individual student between two or more points in time.

(p) Student learning objective(s) (SLOs) are academic goals for an educator’s students that are set at the start of a course, except in rare circumstances as defined by the commissioner; provided, however, that the selection and use of the assessment for the SLO shall be subject to collective bargaining. SLOs must be specific and measurable, based on available prior student learning data, and aligned to the New York State learning standards, as well as to any other school and district priorities. An educator’s scores are based upon the degree to which their goals were attained.

(q) Superintendent shall mean the chief school officer of a district or the district superintendent of a board of cooperative educational services, provided that in the case of the City School District of the City of New York, superintendent shall mean the Chancellor of the City School District of the City of New York or his or her designee.

(r) Teacher(s) of record shall be defined in a manner prescribed by the commissioner.

(s) Teaching standards are enumerated below:

(1) the teacher acquires knowledge of each student, and demonstrates knowledge of student development and learning to promote achievement for all students;

(2) the teacher knows the content they are responsible for teaching, and plans instruction that ensures growth and achievement for all students;

(3) the teacher implements instruction that engages and challenges all students to meet or exceed the learning standards;

(4) the teacher works with all students to create a dynamic learning environment that supports achievement and growth;

(5) the teacher uses multiple measures to assess and document student growth, evaluate instructional effectiveness, and modify instruction;

(6) the teacher demonstrates professional responsibility and engages relevant stakeholders to maximize student growth, development, and learning; and

(7) the teacher sets informed goals and strives for continuous professional growth.

(t) Testing standards shall mean the Standards for Educational and Psychological Testing (American Psychological Association, National Council on Measurement in Education, and American Educational Research Association; available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234).

(u) The governing body of each district shall mean the board of education of each district, provided that, in the case of the City School District of the City of New York, governing body shall mean the Chancellor of the City School District of the City of New York or, to the extent provided by law, the board of education of the City School District of the City of New York and, in the case of BOCES, governing body shall mean the Board of Cooperative Educational Services.

(v) Traditional standardized assessment shall mean a systematic method of gathering information from objectively scored items that allow the test taker to select one or more of the given options or choices as their response. Examples include multiple-choice, true-false, and matching items. Traditional standardized assessments are those that require the student (and not the examiner/assessor) to directly use a bubble answer sheet. Traditional standardized assessments do not include performance assessments or assessments in which students perform real-world tasks that demonstrate application of knowledge and skills; assessments that are otherwise required to be administered by Federal Law; and/or assessments used for diagnostic or formative purposes, including but not limited to assessments used for diagnostic screening required by Education Law section 3208(5).