I noticed this:
Measures of Student Learning Options
1. For the 2014 - 15 school year and thereafter the DOE shall create new measures (referred to as “Linked Measures”) for Local and State Measures of Student Learning such that there is an option for each teacher to be evaluated based upon assessment results of students he/she teaches. Some or all assessments are not linked to courses the teacher teaches.
2. For the 2013 - 14 school year, the following process for “procedural appeals” will only apply to “Group Measures” (i.e., measures where teachers are evaluated based on the performance of some or all students they do not teach). For the 2014 - 15 and 2015 - 16 school years, the following process for “procedural appeals” will apply to Linked Measures and Group Measures. For the 2016 - 17 school year and thereafter the following process for “procedural appeals” will apply only to Group Measures. In all cases, teachers with 50% or more of their Local or State Measures based on Linked Measures/Group Measures shall be eligible for the procedural appeals process.
3 . If a teacher receives “Ineffective” ratings in both the State and Local Measures subcomponents and either is based on Linked Measures or Group Measures, and in that year the teacher receives either a “Highly Effective” or “Effective” rating on the Measures of Teaching Practice subcomponent, the teacher shall have a right to a “procedural appeal” of such rating to a representative of the DOE’s Division of Teaching and Learning.
a. If the teacher receives a “Highly Effective” rating on the Measures of Teaching Practice subcomponent, there shall be a presumption that the overall APPR rating shall be modified by the DOE such that the overall “Ineffective” rating becomes either an “Effective” rating (in the instance where both the State and Local Measures of Student Learning subcomponents are based on Linked Measures or Group Measures) or a “Developing” rating (in the instance where only one of the State or Local Measures of Student Learning subcomponents is based on Linked Measures or Group Measures);
b. If the teacher receives an “Effective” subcomponent rating on the Measures of Teaching Practice, there shall be a presumption that the overall APPR rating shall be modified by the DOE such that the overall “Ineffective” rating becomes a “Developing” rating if both the State and Local Measures of Student Learning subcomponents are based on Linked Measures or Group Measures . If only one of the State or Local Measures of Student Learning subcomponents be based on Linked Measures or Group Measures , the rating shall be appealed to the principal, who shall have the discretion to increase the teacher’s overall APPR rating. If the p rincipal does not respond to the appeal, the teacher’s overall APPR rating shall be modified to a “Developing” rating.
c. The above - described procedural appeal process is separate and distinct from, and in addition to the appeal processes set forth in the Commissioner’s Decision.
4 . In the event a teacher receives an “Highly Effective” rating in both the State and Local Measures of Student Learning, and neither is based on Linked Measures or Group Measures, and in that year the teacher is rated “Ineffective” on Measures of Teaching Practice subcomponent, and this results in the teacher receiving an “ Ineffective ” overall APPR rating, the UFT may choose to appeal the rating to a three (3) member Panel consistent with the rules for Panel Appeals as described in Education Law § 3012 - c (5 - a) and the Commissioner’s Decision. However, these appeals shall not be counted towards the 13% of “Ineffective” ratings that may be appealed pursuant to Education Law § 3012 - c (5 - a)(d) and the Commissioner’s Decision.
5 . The Parties agree to meet each fall to review and discuss other types of anomalies in scoring and determine appropriate actions.
Doesn't some of this seem to modify Cuomo's dictum that a teacher rated "Ineffective" on both the State and Local Measures of Student Learning MUST be rated "Ineffective" overall no matter how they do on the other 60% of the evaluation?