2024 APPR Reform Law Impacts Critical Educator Personnel Decisions

On June 28, 2024, Governor Hochul signed Chapter 143 of the Laws of 2024, which amends Education Law §3012-d and establishes Education Law §3012-e. The new law provides that school districts and BOCES may continue to implement their current APPR plans, including submitting modifications, through the 2031-32 school year. However, after the 2031-32 school year, all plans must be designed, submitted, and implemented in accordance with the new Standards-based Educator Evaluation and Professional Support (“NYS-STEPS”) framework.

Of great significance, school district and BOCES need to be aware that Chapter 143 of the Laws of 2024 also eliminates statutory connections between APPR ratings and several critical employment actions.

The legislation eliminates the mandatory use of overall evaluation ratings as part of tenure determinations. Previously, school districts and BOCES could not grant tenure if a teacher or principal received an Ineffective rating in their final probationary year or did not receive sufficient Effective or Highly Effective ratings during their probationary period. This requirement is removed going forward, unless there is specific collective bargaining agreement language addressing this requirement.

In addition, teachers previously qualified for a shortened probationary period only if the teacher had proof of tenure and 3012-d APPR ratings in their final year(s) at the prior assignment in which they were tenured. The required proof of APPR rating(s) is removed under Chapter 143, allowing previous tenure (one year) or prior substitute (up to two years) service to qualify for a shortened probationary period.

Finally, the Education law previously had an expedited disciplinary process (Section 3020-b) when educators received multiple Ineffective ratings in a row. These provisions have been eliminated with the enactment of Chapter 143, unless local collective bargaining agreement language contains such a requirement.

Districts or BOCES who have questions or require any assistance with implementing these important changes in making educator personnel decision may reach out to our attorneys for assistance.