• The Wall Street Journal

Deal May Ease Evaluation Plan

New York Gov. Andrew Cuomo and legislative leaders said Monday they reached an agreement on a change to state law that will ensure new teacher-evaluation systems are in place even after pacts between local school districts and unions expire.

It is unclear, however, whether the measure will pave the way for a deal between New York City and the United Federation of Teachers. New York City is one of a handful of districts that missed a Jan. 17 deadline to reach an agreement with its union. Mr. Cuomo had told districts to come up with a four-tier ratings system based in part on student performance on standardized tests in order to comply with a 2010 state law and qualify for millions of dollars in federal funding.

In January, Mayor Michael Bloomberg identified stumbling blocks to a deal. He cited a disagreement with the union over arbitration rules for teachers and his concern that agreements across the state would expire after one year, which he said rendered them essentially toothless because it takes at least two years of bad evaluations before districts can quickly fire a tenured teacher.

The deal reached in Albany this week would ensure that the terms of a teacher-evaluation agreement would remain in place after it expires, much the same as contractual protections do.

The provision, included in the new budget legislation, will also make annual state education aid increases contingent on having an evaluation system.

Mayoral spokeswoman Lauren Passalacqua declined to comment when asked whether the state's action would be enough for the city and the UFT to reach an agreement.

"The union wanted to use the expiration of the evaluation system to keep ineffective teachers in classrooms, not to mention hold the city hostage in future negotiations," she said. "These provisions will prevent that from happening."

UFT President Michael Mulgrew praised the agreement. Speaking of Mr. Bloomberg, he said: "We told him from day one that the agreement that was on the table did not stop him from disciplining teachers," he said. "Why he keeps on insisting on saying it? If he was in my class, he would fail the test."

The legislation also sets a new deadline of May 29 for the four districts without a system. Districts that fail to settle by then will face a state-imposed system designed by Education Commissioner John King.

—Lisa Fleisher contributed to this article.

A version of this article appeared March 26, 2013, on page A17 in the U.S. edition of The Wall Street Journal, with the headline: Deal May Ease Evaluation Plan.

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