Cuomo offers $1B - with strings

On Board Online • January 26, 2015

By Eric Randall
Editor-in-Chief

Gov. Andrew Cuomo has proposed what he called a "large investment" in school funding - an increase of $1.06 billion, or 4.8 percent - but said a long list of reforms are needed to ensure that money is spent well.

"If we want to invest in the system, make it the right system," Cuomo said in a combined State of the State and budget address on Jan. 21. "Our education system needs dramatic reform and has for years."

Among the boldest changes proposed were a new way of rating teachers, a five-year tenure process and a new intervention model for chronically underperforming schools.

In answer to longstanding criticism of the 3020-a disciplinary process, Cuomo proposed making it easier for administrators to dismiss teachers with consistently poor evaluations.

He also proposed expanding the number of charter schools, but also said "anti-creaming" legislation is needed to ensure charter schools enroll their share of special education students and other students with unique needs.

While saying many of the governor's ideas have merit, and the aid proposal is a healthy starting point, NYSSBA Executive Director Timothy G. Kremer said he was troubled that the governor presented his proposals as a package.

"If he's saying 'my way or the highway,' that's not the best way to start out," Kremer said. "Other voices have to enter into the conversation."

Cuomo said more money is not what will solve issues in public education. He pointed out that under a growth formula based on New Yorkers' personal income, he would not have supported no more than a 1.7 percent increase in education spending, or $377 million. He said his reform initiatives would justify a higher level of spending by ending perennial problems.

While there had been speculation that Cuomo might announce an effort to change the method used to select members of the Board of Regents, he did not. Quite the opposite, he credited the State Education Department as the source of some of his proposals.

"The governor made it a point to say he will take the lead of the State Education Department and the Regents," said Donald A. Ogilvie, interim superintendent of Buffalo Public Schools. "I think that was a telling comment. It may signal greater collaboration between the governor and the Regents. It may be that he sees some initiatives in place that, with his support, could move more quickly."

Many of the budgetary details were not released before On Board went to press on Jan. 21. Here is a summary of Cuomo's key initiatives as described in the speech and materials released by the governor's office:

Evaluations

Cuomo would change the current APPR formula to one that assigns 50 percent of the composite rating to state testing (or a comparable measure of student growth for teachers in subjects that are not tested) and 50 percent based on at least two classroom observations. Local measures would be eliminated.

Rather than being locally negotiated, the "scoring bands" for both components would be set at the state level.

If a teacher is rated "ineffective" on either portion, he or she would not be able to get a score higher than "developing" overall. Two consecutive "ineffective" ratings could be grounds for termination. Teachers could rebut charges of incompetence "only by clear and convincing evidence that the calculation of one of his or her summative ratings was fraudulent," according a news release from the governor's office.

Tenure

Cuomo proposed a five-year tenure path. Teachers would have to receive five consecutive years of "effective" or "highly effective" ratings. Currently, teachers can receive tenure after three years of service.

Teacher discipline

Districts would be allowed to remove a teacher after two ineffective ratings (unless the teacher can prove the ratings were fraudulent).

Although the governor did not discuss it in his speech, other materials say he will seek an expedited 60-day process for teachers accused of physical or sexual abuse of a child.

Teachers alleged to have engaged in abuse will be suspended without pay, pending the outcome of the hearing, and will receive retroactive pay if the hearing officer finds in his or her favor.

Student achievement

Cuomo proposed preventing students from being assigned to teachers deemed "ineffective" for two years in a row.

Rewarding high-performing teachers

Cuomo proposed a state bonus of $20,000 to teachers receiving the highly effective rating.

To attract better teachers, he proposed the state pay full tuition for top SUNY/CUNY students who commit to teaching in public schools for five years.

Failing schools

Following a recommendation from the State Education Department, Cuomo proposed that a receivership model similar to one used in Massachusetts be used to intervene in schools deemed as "failing" for three consecutive years. The State Education Department would appoint state "receivers" to oversee failing schools and would have the discretion to appoint an overseer for failing districts.

The receiver would have the powers of the superintendent and local school board to restructure the school and would overhaul curriculum, improve professional development and replace unqualified teachers and administrators.

Students enrolled in failing schools would be given preference in charter school admissions.

Charter schools

Cuomo proposed permitting up to 100 new charter schools statewide, with no geographical restrictions. He also proposed changing the law that allocates a certain number of charters to each of the state's main authorizers, the Board of Regents and SUNY Board of Trustees, to make it easier for prospective charters to work with either chartering authority.

When charter schools close, their charters could be reused by others to create new schools.

Cuomo also proposed increasing the state payment to school districts for each district resident who is enrolled in a charter school whose tuition is more expensive than it was in the 2010-11 school year. That payment now is $250 per student and has been scheduled to rise to $375 in 2015-16. Under Cuomo's proposal, it would go up to $425 per pupil in 2015-16 and $575 in 2016-17.

A new, mandatory reporting process would enable state officials to track charters' enrollment of poor students and those with disabilities or limited English proficiency.

Charters would be required to give preference in their lottery systems to poor students, those enrolled in failing schools and the children of charter school staff members.

Mayoral control

Cuomo said he favors extending mayoral control of education in New York City and is open to proposals for mayoral control of school districts in other cities.

Prekindergarten

Cuomo would allow three-year olds to enroll in pilot prekindergarten programs, providing $25 million in new funding.

Education tax credit:

The governor proposed a state tax credit for donations to aid public, charter and private schools. (A version of this legislation has been passed by state Senate).

Cuomo also proposed a mentoring commission headed by his mother, Matilda Cuomo.

Senior Writer Cathy Woodruff and Senior Research Analyst Paul Heiser contributed to this story.