THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Executive Director New York State Education Department Office of Teacher and Leader Effectiveness, Policy and Programs 89 Washington Avenue, 1071 EBA Albany, NY 12234 Office: (518) 486-2573 Fax: (518) 474-4130

March 25, 2013

Dr. Pamela Brown Superintendent Buffalo Public Schools 712 City Hall Buffalo, New York 14202 Dear Superintendent Brown: It has recently come to the attention of the Department that the Buffalo Teacher Federations website, located at http://www.btfny.org, contains information relating to the previously discussed January 15, 2013 memorandum of understanding (MOU). The documented information appears to inaccurately indicate that the MOU signed by you and the teachers union president regarding your districts APPR plan is still in effect. For example, in the February 2013 Presidents Report, reference is made to MOU #1 which allegedly states in part, that No teacher will be negatively affected by the results of their evaluation rating for the 2011-2012 and 2012-2013 school years. Such language is contrary to Education Law 3012-c(1) and Section 30-2.1 of the Rules of the Board of Regents, which require that annual professional performance reviews (APPRs) be a significant factor for employment decisions including but not limited to, promotion, retention, tenure determination, termination, and supplemental compensation and contradicts the specific assurances provided by the BPS and their collective bargaining agents in its approved APPR plan, that the evaluation system will be used as a significant factor for employment decisions and teacher and principal development. In addition, for the 2012-2013 school year, BPS is eligible for approximately $11 million in federal 1003(g) School Improvement Grant (SIG) funds to implement the Transformation and Restart Models in certain schools. In order to faithfully implement the federal Transformation Model in accordance with the federal requirements, school districts must, among other things, [i]dentify and reward school leaders, teachers, and other staff, who, in implementing this model, have increased student achievement and high school graduation rates and identify and remove those who, after ample opportunities have been provided for them to improve their professional practice, have not done so (emphasis added). As you are aware, failure to comply with the SIG requirements through implementation of an evaluation system that does not use teacher and principal evaluations in making such employment decisions could result in the suspension of such funding.

Please be advised that, as my January 29, 2013 letter indicated, (attached herein), your districts APPR plan, which was approved by the Department for the 201213 and 2013-14 school years on January 17, 2013, constitutes your entire APPR plan. As part of the signed certification in this plan, you and the presidents of the BPS teachers and administrators union, and the board of education acknowledged that this was the sole plan for the APPR of all classroom teachers and principals in your district. Therefore, the Department considers void any other previously signed agreements between and among those parties and does not recognize any such agreements as part of BPS approved January 17, 2013 APPR plan. BPS must implement the terms of its approved APPR plan. I again remind you of the Disclaimer that appears in Section 1 of the APPR plan form that was completed and signed by BPS representatives on January 17, 2013: If the Department reasonably believes through investigation or otherwise that statements made in this APPR plan are not true or accurate, it reserves the right to reject this plan at any time and/or to request additional information to determine the truth and/or accuracy of such statements (emphasis added). Moreover, in his January 17, 2013 letter notifying BPS that its APPR plan was approved, Commissioner King stated: "As a reminder, we are relying on the information you provided on your APPR form, including the certifications and assurances that are part of your approved APPR. If any material changes are made to your approved APPR plan, your district/BOCES must submit such material changes to us for approval. Based on the information provided in the distinguished educators report (http://www.buffaloschools.org/files/90207/buffalode-1stqtrlyactionstatusreport.pdf), which suggests that neither training for lead evaluators nor planning for implementation are complete, and the information that is currently on the Buffalo Teachers Federation website, we are concerned about whether BPS is implementing its approved APPR plan consistent with the requirements of Education Law 3012-c and the regulations. In order to ensure that BPS is fully complying with the terms and conditions of the federally funded SIG program and is in full compliance with the requirements of Education Law 3012-c and the regulations, the Department requires that you work with the Buffalo Teachers Federation to ensure that all documents on their website that relate to the January 15, 2013 MOU and/or any documents that are contrary to the terms of BPS approved APPR plan and/or Education Law 3012-c and Subpart 30-2 of the Rules of the Board of Regents be removed immediately. Further, the Department requires you to prohibit any further dissemination of these inaccurate materials, guidance, and any related components, including but not limited to the February and March Presidents reports, memorandums, letters, and information found on the tab labeled APPR of the Buffalo Teachers Federation website: http://www.btfny.org/index.php?option=com_content&view=article&id=99&Itemid=84 . In addition to being contrary to your districts signed APPR plan and the requirements of the SIG Transformation Model, these posted materials are inaccurate and misleading to teachers, principals, and community members at large.

Additionally, the Department will be directing the distinguished educator to monitor the implementation of BPS APPR plan and to report to the Department any concerns regarding current implementation of the APPR plan as approved by the Department on January 17, 2013. The Department will also continue to monitor BPS to determine whether the Departments approval of BPS January 17, 2013 APPR plan must be revoked based on non-compliance with Education Law 3012-c and the regulations. As a result, should the Departments approval of BPS January 17, 2013 APPR plan be revoked based on BPS non-compliance with Education Law 3012-c and the regulations, BPS would lose its 2012-2013 State aid increase and would not meet the funding requirements through the Model Induction Program ($500,000), the Systemic Supports for District and School Turnaround grant (approximately $2.268 million), and the School Improvement Grant (SIG) (approximately $11 million for 2012-13 and approximately $40 million over the next three years in SIG cohort IV). Please see my attached January 29, 2013 letter for a full list of funds that are at risk now, and in the future, if BPS does not have an approved APPR plan. I look forward to working with BPS as it implements the APPR plan its representatives signed and submitted, and which was approved by the Department, on January 17, 2013. BPS students deserve the best education we can provide, and the January 17, 2013 approved APPR plan is a critical tool for ensuring that this is accomplished.

Sincerely,

Dr. Julia Rafal-Baer Attachment