Eliminate Connections Between
APPR scores and the Granting of
Tenure and Expedited Discipline
Prior to this change in the law, school
districts could not grant tenure if a
teacher 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 for all school districts
unless there is specific collective
bargaining agreement language or
appointment letter language addressing
this requirement. As a result, school
districts may now grant tenure
irrespective of the APPR scores awarded to a probationary teacher.
Previously teachers and substitutes could qualify 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 previous
assignment. The required proof of APPR rating(s) are removed under Chapter 143, allowing
previous tenure (one year) or prior substitute (up to two years) service to be the trigger for a
shortened probationary period, unless there is local collective bargaining agreement language
requiring APPR ratings.
Further, education law previously had an expedited disciplinary process (Section 3020-b) if
teachers received multiple Ineffective ratings in a row. These provisions have been eliminated with
the enactment of Chapter 143, and these changes apply to both the existing 3012-d plans and all
new 3012-e plans, unless there is local language that maintains this requirement.
Eliminate the State Aid Penalty
The State aid penalty for the failure to submit documentation that an APPR plan is in place each
year is permanently eliminated for all current and future APPR plans. This is applicable to both
3012-d and 3012-e plans.
New 3012-e APPR System
Section 3012-e plans, dubbed NYS STEPS by the State Education Department (SED), must be
collectively bargained and no longer include the previous requirement to use student performance
as part of the plan. Instead, these plans will be developed locally and must include multiple
measures that are aligned with each State Teaching Standard (Educational Leadership Standards for
Principals). The NYS Teaching Standards include knowledge of students and student learning;
knowledge of content and instructional planning; instructional practice; learning environment;
assessment for student learning; professional responsibilities and collaboration and professional
growth.
Rating Bands
Under a STEPS plan there are still four rating levels for APPR but they are numbered 1-4 (4 being
the highest), rather than Highly Effective, Effective, Developing, Ineffective (H,E,D,I) as contained
in 3012-d plans.
Eight-Year Transition
Districts will be able to transition to their STEPS plans once SED has adopted regulations and made
available the form and process for submitting a STEPS plan to SED for review. SED anticipates
completing this process by Fall 2024 so that Districts can negotiate a new plan under STEPS for the
2024-2025 school year if they choose. Districts may continue to implement and modify their
current evaluation system under 3012-d until the 2031-2032 school year. Districts must negotiate
and submit a STEPS plans to the Commissioner of Education by June 30, 2032.
Observations/Annual Evaluations
Districts with a STEPS plan must negotiate the number of observations and evaluations could be
differentiated. This allows for a circumstance where negotiations could result in a plan where
tenured teachers would not receive an annual composite rating each year, even though some type of
evaluation would be undertaken for every teacher each year. Probationary teachers must be rated on
each teaching standard and must have a composite rating annually.
All classroom teachers and building principals and anyone who conducts all or part of a
performance review must receive appropriate training. The list of staff positions authorized to
perform observations would be collectively bargained. NYSUT recommends including language in
the newly developed plan that makes clear that observations are conducted in-person and by a
trained administrator, independent evaluator, or peer reviewer (whatever is locally negotiated), and
are not done using Artificial Intelligence (AI).
SED Review of Plans
Districts must file their STEPS plan with the Commissioner of Education for review. Once a
STEPS plan has been adopted it remains in effect until a new plan is accepted by the
Commissioner. SED has released the following field guidance on Chapter 143.
Implementation of Teacher and Principal Evaluation Systems for the 2024-25 School Year and Thereafter Pursuant to Education Law §§3012-d and 3012-e as Amended by Chapter 143 of the Laws of 2024 (nysed.gov)
Availability of STEPS Plans
STEPS plans must be made available on school district websites. Under Section 3012-e, parents
continue to have the right to obtain the composite score (Level 1-4), of the current teachers of their
children. This data continues to not be subject to FOIL.
APPR Comparison (Teacher Specific)
View the PDF version of the Fact Sheet for a side-by-side comparison between the previous APPR statute and the new 3012-e system.