Getting an Extension

By Ashley Hupfl

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After Gov. Andrew Cuomo got much of what he wanted on teacher evaluations in the state budget, both Assembly Democrats and state Senate Republicans are now seeking to delay implementation of many of the measures passed in March.

The 2015-16 state budget includes changes that give more weight in teacher evaluation scores to student performance on state tests and require classroom observations be performed by outside observers, not principals. The state Education Department faces a June 30 deadline to submit a plan to change the teacher evaluation system, and school districts must put the new measures in place by Nov. 15.

However, both Assembly Education Committee Chairwoman Catherine Nolan and former Senate Education Committee Chairman—now state Senate Majority Leader—John Flanagan have pushed back to slow the changes to the teacher evaluation system.

The Assembly in late May passed a bill that would extend the deadline for the state Education Department from June 30 to Nov. 17 and extend the deadline for school districts to implement the new measures by a year—to Nov. 15, 2016.

“I’m very optimistic we’re going to try to work with Senator Flanagan and (newly appointed Senate Education Committee Chairman Carl) Marcellino on (an extension for teacher evaluations),” Nolan said. “Look, teacher evaluations are an ongoing issue. We’re talking about it this year and I can guarantee we’ll be talking about it again next year.”

Despite the tentative consensus in the Assembly and state Senate, Cuomo has said he does not support a blanket extension of the teacher evaluation system, but is open to a hardship provision.

“An extension would allow the Board of Regents more time to get it right. In the end, that should be goal one,” Marcellino said in a statement to City & State. “There is an opportunity for meaningful change and I am hopeful that we can come to an agreement with the Assembly and the governor before the end of session.”

Outside of the teacher evaluation debate, the state Senate Republicans and Assembly Democrats are mostly staked out on opposite sides of the remaining education issues.

Legislators face another deadline with mayoral control of New York City schools set to expire June 30. The Assembly originally planned to push for a seven-year extension, but eventually backed down and passed a straight extension of mayoral control for another three years. Mayor Bill de Blasio pushed for a permanent extension, which Cuomo called a “non-starter” in Albany.

Marcellino predicted there would be an extension, but said the length of the extension has not yet been determined.

“For the moment, I’m comfortable with a straight extension,” Nolan said, adding that additional changes to mayoral control could be taken up next year, once the extension is secure. “Maybe we should, for example, have more parent representation on the (New York City) Board (of Education). I think these issues could be taken very seriously and move forward on their own merits.”

The DREAM Act and the education investment tax credit were tied together in Cuomo’s 2015-16 budget proposal, but ultimately did not make it into the final budget agreement. Recently, Cuomo has staged a large public push with Cardinal Timothy Dolan to pass the EITC before the end of the session.

Senate Republicans have staked their opposition to the DREAM Act and pushed to raise the charter school cap and funding for non-traditional public schools, while Assembly Democrats have criticized the EITC and the push to raise the charter school cap, arguing they would take money away from public schools and taxpayers. Given the opposing interests, it’s possible the end-of-session negotiations could lead to a compromise that would allow both sides to achieve their top priorities.

“Every issue should be evaluated on its own merits,” Marcellino said in a statement. “That being said, the reality is the end-of-session negotiation process will continue to be a give and take. The Senate, the Assembly and the governor all have priorities and all three will need to find common ground or nothing will be accomplished.”

What Got Done

  • The 2015-16 state budget included $25.5 billion in education funding, not including $75 million in additional funding for 27 struggling schools
  • The budget also included changes to tie tenure protections for teachers to their performance on the annual evaluations

What's on the Docket

  • Extension of mayoral control
  • Passage of the DREAM Act and education investment tax credit
  • An extension on implementation of the teacher evaluation system changes passed in the budget

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