Teacher-Score Deal Close - Albany Pact Would Make School Evaluations Available to Parents, Not Public

Teacher-Score Deal Close

Albany Pact Would Make School Evaluations Available to Parents, Not Public

  • WSJ

New York Gov. Andrew Cuomo and lawmakers were in the final stages of negotiating a deal Sunday to shield schoolteacher evaluations from broad public scrutiny, people familiar with the matter said.

Lawmakers were reviewing legislative language on a bill that would rebuff Mayor Michael Bloomberg and make teacher evaluations available only to parents, not the wider public, the people said. One person briefed on the bill said it would allow parents to get a teacher's score in writing, either via email or during a visit to the school. All sides cautioned the talks could break down.

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Teachers unions preferred a system that only allowed parents to see a teacher's category in the new system, which rates teachers on a curve as highly effective, effective, developing and ineffective. The unions argue that the system is imprecise and say there isn't a difference between teachers within a few points of each other in a 100-point system.

The draft also included a provision that would make all scores—without names—available on a public website where the public could look up teachers by grade and subject area taught, the person said. It would be impossible under that setup to protect teachers' identities in small school districts where a single teacher is assigned per grade or subject area.

The possibility of a deal on evaluations—one of the thorniest issues this year in Albany—came as Mr. Cuomo, a Democrat, and lawmakers raced to resolve a flurry of outstanding issues last weekend before the Legislature adjourns on Thursday. The legislation they announced Saturday and Sunday included tougher statutes on cyberbullying and child pornography, and a new investigative body to probe the abuse of disabled people.

The governor and lawmakers had yet to settle two significant issues on Sunday: Assembly Speaker Sheldon Silver's proposal to raise the minimum wage from $7.25 to $8.50 an hour and Mr. Cuomo's plan to decriminalize the public display of small amounts of marijuana.

A deal on shielding teacher evaluations has been highly anticipated. The issue emerged two years ago when the state committed to linking student test scores to the job-performance reviews of teachers. All school districts must have a system for evaluating teachers by Jan. 17.

In February, after teacher unions lost a legal battle, New York City released internal rankings of teachers based on an analysis of students' test scores that factored in prior years' scores, class size, race and other information.

Unions vowed to protect future evaluations from the public, arguing that teachers shouldn't be held to a different standard than police officers whose job reviews are confidential. Mayor Michael Bloomberg has contended the public has a right to know.

Lawmakers and their aides worked with a sense of urgency on Sunday evening as Mr. Cuomo declined to waive rules that require bills to age for three days before getting a vote. A bill must be introduced no later than Monday to pass into law.

Mr. Cuomo was still lobbying Republicans for a compromise on his plan to curb marijuana arrests, a policy change championed by the Democrats who control the Assembly. The idea is unpopular with the Republican Senate's conservative base. "My hope is that they don't deal with it," said Michael Long, chairman of New York's Conservative Party, an important GOP ally.

"I still don't see our conference doing it," said a Senate Republican.

Assemblyman Hakeem Jeffries, sponsor of the marijuana bill, said the Assembly would act on the law, but said there was still "uncertainty" about whether it would become law.

Lawmakers said they were doubtful that Senate Republicans would go along with an Assembly plan to raise the state's minimum wage. Mr. Cuomo has been supportive, but Republicans objected without tax breaks for small-business owners.

Mr. Cuomo and lawmakers Sunday evening said they reached an agreement to create a prosecutorial agency called the Justice Center for the Protection of People With Special Needs to take up the cause of the disabled who live in state-operated or licensed homes.

Lawmakers also agreed to criminalize the viewing of child pornography. It is now a felony to store child pornography on a computer but not illegal simply to view it on the Internet. A bill introduced by both houses would make it illegal to "knowingly access with intent to view" obscene sexual content involving children under 16. The measure carves out a limited exception for attorneys representing clients accused of possessing or viewing child pornogaphy.

On cyber-bullying, new legislation would mandate school employees who witness or hear reports about a student bullied online would have to alert a principal, or an employee in charge of fielding complaints. The principal or a special designee would supervise a "thorough investigation" of allegations.

On another front, Mr. Cuomo and lawmakers are also poised to pass legislation giving them temporary control of New York's troubled horse-racing industry. The bill adopts a plan that Mr. Cuomo announced in May that puts government officials in charge of the nonprofit running the state's three largest tracks.

The measure shakes up the board of the New York Racing Association, expanding it to 17 members, including eight appointed by Mr. Cuomo and four by legislative leaders. The racing group would go back to self-governance in three years.


Corrections & Amplifications 
An earlier version of this story incorrectly reported that a tentative deal had been struck Sunday to shield New York schoolteachers from public scrutiny. The agreement isn't yet final.

Write to Jacob Gershman at jacob.gershman@wsj.com

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