Waivers
Independent Evaluator Hardship Waivers
Pursuant to Education Law 搂搂3012-d(4)(b)(2), the Teacher Observation/Principal School Visit Category of an educator鈥檚 annual evaluation must include a subcomponent based on observations/school visits by an impartial independent trained evaluator or evaluators selected by the district.
The corresponding provisions of Subpart 30-3 of the Rules of the Board of Regents maintain this requirement but also allow a rural school district, as defined by the Commissioner in guidance, or a school district with only one registered school pursuant to section 100.18 of the Commissioner鈥檚 regulations to apply to the Department, on an annual basis, for a hardship waiver from this requirement, in a timeframe and manner prescribed by the Commissioner, if due to the size and limited resources of the school district, it is unable to obtain an independent evaluator within a reasonable proximity without an undue burden to the school district.
In such cases, a second observation/school visit shall be conducted by one or more evaluators selected and trained by the district, who are different than the evaluator(s) who conducted the observations/school visits required to be performed by the principal/supervisor or other trained administrator.
At its June 2016 meeting, the Board of Regents amended sections 30-3.4 and 30-3.5 of the Rules of the Board of Regents related to the Observation and School Visit Categories of APPRs completed pursuant to Education Law 搂3012-d to allow districts and BOCES to apply, on an annual basis, for a hardship waiver from the requirement for a second observation/school visit by an impartial independent trained evaluator, commencing with the 2016-17 school year if they believe compliance with this requirement will create an undue burden for certain enumerated resources.
Created as a guide for the field, these documents are specifically tailored and organized for completing this waiver application as it relates to the implementation of Education Law 搂3012-d. Our intention is to make relevant answers to common questions more accessible while districts and BOCES review and submit their waiver applications.
Both the Rural/Single Building School District Independent Evaluator Waiver application and the Undue Burden Independent Evaluator Hardship Waiver application are available and must be completed online through the听.
Independent Evaluator Hardship Waivers must be renewed on an annual basis.
Renewal applications must be submitted by February 1st of the school year for which the waiver will be in effect.
Student Assignment Hardship Waivers
Pursuant to Education Law 搂3012-d(8) and section 30-3.14 of the Rules of the Board of Regents, a student may not be instructed, for two consecutive school years, in the same subject, by any two teachers in the same district/BOCES who received an overall APPR rating of Ineffective in the prior school year.听 However, if a district/BOCES deems it impracticable to comply with this requirement, the district/BOCES must seek a teacher-specific waiver on a form and in a timeframe prescribed by the Commissioner (i.e., the 鈥淪tudent Assignment Hardship Waiver鈥).
An application to apply for the annual Student Assignment Hardship Waiver is available on the .听
This waiver application must be completed and submitted online, beginning August 1st, and no later than听October 15 of the school year for which the waiver is sought.
Questions regarding hardship waivers can be sent to听hardship@nysed.gov.