Collective Bargaining Process in P12 Education

Significant Changes in Education Law Section 3012-c The revamp of the old law carried with it major changes in the evaluation process of teachers and principals, known as the new and improved Annual Professional Performance Review (APPR) system for teachers and principals. The new APPR system applies only to evaluations of teachers in the common branch subjects or English Language Arts, and Math in grades four through eight, as well as building principals for the school year 2011-2012. The new APPR system will apply to all teachers and principals effective in the 2012-2013 school years. The APPR system requires teacher and principal evaluations to result in a single composite score made up of the several components (New York Labor and Employment). The composite score shall be the basis for the teacher’s promotion, retention, tenure, termination, and will entitle the teacher to additional compensation. The composite score shall be divided into the following criteria: The first 40% percent shall be based on the student’s achievement and the other 60% shall comprise of the teacher’s overall effectiveness. Modification of the Existing Provisions of Collective Bargaining Agreement Based on the labor relations standpoint, the requirement of a negotiated appeals process is one of the more contentious aspects of the new law. The appeals process by the way, is developed locally, wherein the teacher or principal shall have the right to question the basis of the evaluation. The factors taken in deriving at such result must be compliant to specific standards and guidelines for reviews and implementation of a Teacher Improvement Plans (TIP) and the Principal Improvement Plans (PIP). This method will be used for those teachers and…
It aims to discuss the direct relationship of the new law to the concurrent provisions contained in the previous collective bargaining agreements. Due to the enactment of the new law, it mandated that all collective bargaining agreements entered by teachers and building principals after July 1, 2010 must be harmonize and complement with provisions of the new law. This report stresses that the new law does not require the school district, BOCES, parents’ and teachers’ representative union to indicate the references used in the newly incorporated provisions in the successor collective bargaining agreements. Strict observance must be complied as regard to the consistencies with the provisions of the new Education Law.
This paper makes a conclusion that the enactment of the new law redounds to the benefit of the school district, BOCES, teachers and principals because they are given equal opportunities to improve their existing conditions and opens doors for more better opportunities which they can enjoy in the future. In the case of the students, they will be ensured of quality education as their teachers are required to attain a high level of effectiveness among their students. According to Tom Loveless, what is certain however is that the scope of bargaining, although previously restricted in many states with regard to issues of wages, hours and working conditions, has in practice greatly expanded beyond those formal limits.