N.Y. Comp. Codes R. & Regs. tit. 8, § 30-2.17 – Annual professional performance review ratings for annual professional performance reviews conducted pursuant to Education Law section 3012-d and this Subpart prior to the 2019-20 school year or for any annual professional performance review conducted pursuant to a collective bargaining agreement entered into on or before April 12, 2019 that remains in effect after April 12, 2019 until a successor agreement is reached, during a transition to higher learning standards.

(a) For purposes of this section, State assessments shall mean the grades 3-8 English language arts and mathematics State assessments.
(b) Notwithstanding any other provision of this Subpart to the contrary, the commissioner shall establish procedures in guidance for determining transition scores and ratings for teachers and principals whose annual professional performance reviews conducted pursuant to Education Law section 3012-d and this Subpart are based, in whole or in part, on State assessments and/or State-provided growth scores on Regents examinations pursuant to a collective bargaining agreement entered into on or before April 12, 2019 that remains in effect after April 12, 2019 until a successor agreement is reached.
1. (1) During the transition period, a transition score and rating on the student performance category, and a transition rating that incorporates the student performance category rating shall be generated based on:
  1. (i) the scores/ratings in the subcomponents of the student performance category that are not based on State assessments and/or a State-provided growth score on Regents assessments; and
  2. (ii) in instances where no scores/ratings in the subcomponents of the student performance category can be generated, notwithstanding any other provision of this Subpart to the contrary, a SLO shall be developed by the district/BOCES consistent with guidelines prescribed by the commissioner using assessments approved by the department that are not State assessments.
(c) Except as otherwise provided in subdivision (d) of this section, a teacher’s or principal’s final composite rating for all purposes under section 3012-d of the Education Law or under this Subpart, as well as for purposes of tenure determinations, individual employment records, and other employment decisions and proceedings pursuant to Education Law section 3020-b, shall be the overall transition rating. The requirement for a teacher or principal improvement plan shall be based on the teacher’s or principal’s overall transition composite rating.
(d) For purposes of public reporting of aggregate data and disclosure to parents pursuant to paragraph b of subdivision 10 of section 3012-c of the Education Law as made applicable to this Subpart, the original composite rating pursuant to section 3012-d of the Education Law and this Subpart shall be reported with (i) the overall transition rating and (ii) an explanation of such overall transition rating; provided, however, for annual professional performance reviews conducted for the 2018-19 school year and thereafter pursuant to a collective bargaining agreement entered into on or before April 12, 2019 that remains in effect after April 12, 2019 until a successor agreement is reached, only the transition rating shall be reported.
(e) Notwithstanding any other provision of this section to the contrary, for annual professional performance reviews conducted for the 2018-19 school year and thereafter pursuant to a collective bargaining agreement entered into on or before April 12, 2019 that remains in effect after April 12, 2019 until a successor agreement is reached, any assessments used in determining transition scores and ratings pursuant to this Subpart shall be used instead of the grades 3 through 8 English language arts and mathematics state assessments and/or any State growth model until the entry into a successor collective bargaining agreement.