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A03656 Summary:

BILL NOA03656
 
SAME ASNo Same As
 
SPONSORRa
 
COSPNSRGraf, McDonough, Kolb, Murray, Curran, Fitzpatrick, McKevitt, Walter, Goodell, Lupinacci, Palumbo, Garbarino, Tenney, Montesano, Butler, Friend, Tedisco, Raia, Giglio, Palmesano, DiPietro, Malliotakis, Katz, Brabenec, Hawley, McLaughlin, Wozniak, Lopez, Blankenbush, Stec, Saladino, Barclay, Crouch, Johns, Duprey, Ceretto
 
MLTSPNSRKearns, Skartados, Thiele
 
Add Art 7-B SS349-a - 349-e, Ed L
 
Establishes the Blue Ribbon Commission on 21st Century Testing and Curriculum.
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A03656 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3656
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2015
                                       ___________
 
        Introduced  by  M.  of A. RA, GRAF, McDONOUGH, KOLB, MURRAY -- read once
          and referred to the Committee on Education
 
        AN ACT to amend the education  law,  in  relation  to  the  Blue  Ribbon
          Commission
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new article 7-B to
     2  read as follows:
     3                                 ARTICLE 7-B
     4        BLUE RIBBON COMMISSION ON 21st CENTURY TESTING AND CURRICULUM
     5  Section 349-a. Definitions.
     6          349-b. Blue  Ribbon  Commission  on  21st  Century  Testing  and
     7                   Curriculum.
     8          349-c. Suspension of common core testing.
     9          349-d. Suspension of common core curriculum.
    10          349-e. Waiver from Race to the Top obligations related to common
    11                   core.
    12    § 349-a. Definitions. As used in this article:
    13    1.  "Commission" shall mean the Blue Ribbon Commission on 21st Century
    14  Testing and Curriculum established pursuant to this article.
    15    2. "Common core curriculum" shall mean  any  curriculum  developed  in
    16  furtherance  of  the  common  core  academic  standards developed by the
    17  national governors association center for best practices and the council
    18  of chief state school officers, including those designed by any  commer-
    19  cial entity pursuant to a contract with the New York state department of
    20  education.
    21    3.  "Common  core  state  test"  shall  mean  any  state or consortium
    22  created, developed or administered test  given  in  New  York  state  to
    23  students   in  grades  pre-kindergarten  through  twelve  that  tests  a
    24  student's knowledge and skills relating to the common core curriculum.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07575-02-5

        A. 3656                             2
 
     1    4. "Consortium" shall mean the smarter balanced assessment consortium,
     2  the partnership for assessment of readiness for college and careers,  or
     3  any  other  organization, entity, or group developing standardized tests
     4  based off of the common core curriculum.
     5    5.  "New York state draft standards" shall mean the results of the New
     6  York state board of regents standards review  initiative  including  but
     7  not limited to the draft student learning standards for English language
     8  arts/English as a second language.
     9    §  349-b.  Blue  Ribbon Commission on 21st Century Testing and Curric-
    10  ulum. 1. There is hereby created the  Blue  Ribbon  Commission  on  21st
    11  Century  Testing  and  Curriculum,  which shall consist of the following
    12  twenty-three members who shall be appointed no  less  than  thirty  days
    13  after the effective date of this section:
    14    a.  Five members shall be appointed by the governor, one of whom shall
    15  be the commissioner;
    16    b. Two members shall be appointed by the temporary  president  of  the
    17  senate;
    18    c. Two members shall be appointed by the speaker of the assembly;
    19    d.  Two  members  shall  be  appointed  by  the minority leader of the
    20  senate;
    21    e. Two members shall be appointed by the minority leader of the assem-
    22  bly;
    23    f. Three members shall be appointed by the president of New York state
    24  united teachers, one of whom must have completed their special education
    25  certification and one of whom must provide instruction to English  as  a
    26  second language students;
    27    g.  One  member  shall  be  appointed by the executive director of the
    28  school administrators association of New York state;
    29    h. Two members shall be appointed by the president  of  the  New  York
    30  state  parent  teacher  association,  one  of whom must be a parent of a
    31  student with a current individual education plan;
    32    i. One member shall be appointed by the executive director of the  New
    33  York state council of school superintendents;
    34    j.  One  member  shall  be  appointed by the president of the New York
    35  state school boards association;
    36    k. One member shall be appointed by the  president  of  the  New  York
    37  state association of independent schools;
    38    l.  One  member  shall  be  appointed by the president of the New York
    39  state association of school psychologists. Such member shall have  expe-
    40  rience in a clinical setting.
    41    2.  No member of the commission shall be disqualified from holding any
    42  public office or employment, nor shall he or she forfeit any such office
    43  or employment by virtue of his  or  her  appointment  pursuant  to  this
    44  section.  Members  of  the  commission shall receive no compensation for
    45  their services, but shall be allowed their actual and necessary expenses
    46  incurred in the performance of their functions pursuant to this section.
    47  A member of the commission may be removed by  the  appointing  authority
    48  only for good cause, after notice and opportunity to be heard. Vacancies
    49  shall be filled in the same manner as original appointments.
    50    3. Powers and duties of the commission.
    51    a.  The  commission  shall hold at least one public hearing in each of
    52  the following regions:
    53    i. Long Island;
    54    ii. New York city;
    55    iii. Hudson Valley;
    56    iv. Capital district;

        A. 3656                             3
 
     1    v. North Country;
     2    vi. Central New York;
     3    vii. Finger Lakes;
     4    viii. Western New York;
     5    ix. Southern Tier.
     6    b. During the public hearings, the commission shall hear the testimony
     7  of  voluntary  witnesses,  may compel the testimony of witnesses and may
     8  require the production of any documents the commission deems  reasonably
     9  necessary to carry out its responsibilities.
    10    c.  After review, study, and receipt of public comment, the commission
    11  shall issue a report and  promulgate  recommendations  governing  educa-
    12  tional standards, curriculum, the implementation thereof, and testing in
    13  the state of New York for grades pre-kindergarten through twelve. Recom-
    14  mendations  shall  include  information on, but shall not be limited to,
    15  the following:
    16    i. an analysis of the state standards and related curriculum  existing
    17  in the two thousand nine--two thousand ten school year;
    18    ii.  an analysis of the common core standards established in two thou-
    19  sand ten by the national governors association center for best practices
    20  and the council of chief state school officers;
    21    iii. the New York state draft standards previously commissioned by the
    22  New York state board of regents prior to their adoption of common core;
    23    iv. an analysis of best practices, in light of the study and review of
    24  prior state standards and those put  forth  by  the  national  governors
    25  association  center  for  best  practices and the council of chief state
    26  school officers, related to educational standards and promoting  college
    27  and career readiness for pre-kindergarten through twelfth grade students
    28  in New York state;
    29    v.  an  analysis  of  age  appropriate and developmentally appropriate
    30  means of implementing and transitioning to new educational standards and
    31  curriculums within the state;
    32    vi. an analysis of the time and  resources  spent  preparing  for  and
    33  administering  state-wide tests within the state, for each grade, in the
    34  school years two thousand nine--two thousand ten, two thousand  ten--two
    35  thousand  eleven, two thousand eleven--two thousand twelve, two thousand
    36  twelve--two thousand thirteen, two thousand thirteen--two thousand four-
    37  teen;
    38    vii. an analysis of the data collected pursuant to subparagraph vi  of
    39  this  paragraph and the impact that the time and resources allocated had
    40  on the quality of instruction and emotional well-being  of  students  in
    41  the state;
    42    viii.  an analysis of the impact that a change in curriculum will have
    43  on students who are absent from their regular classes for extended peri-
    44  ods each week due to receiving special  educational  services,  remedial
    45  services, or students who have extended absences;
    46    ix.  an analysis of how the potential reinstatement of the common core
    47  curriculum will impact the amount of time that students of various fami-
    48  ly structures and socio-economic backgrounds spend doing homework;
    49    x. an analysis as to the sufficiency of the common  core  modules  and
    50  any lesson plans provided to the schools by the department;
    51    xi.  a comparison of locally developed curriculums that were developed
    52  in order to instruct on the common core standards and  those  that  were
    53  purchased from vendors, with a focus on quality, age appropriateness and
    54  developmental appropriateness;
    55    xii.  a review of the percentage of schools that had fully implemented
    56  the common core curriculum, those that  had  partially  implemented  the

        A. 3656                             4
 
     1  common  core  curriculum, and those that had not implemented any part of
     2  the common core curriculum during the two thousand  thirteen--two  thou-
     3  sand fourteen school year;
     4    xiii.  an  analysis  of  whether or not instruction and testing on the
     5  common core curriculum is developmentally appropriate for children  with
     6  individualized education plans and children with other learning disabil-
     7  ities.
     8    d.  After  concluding  their study, the commission must take a vote on
     9  whether or not they believe the common core curriculum should be contin-
    10  ued or whether New York state should adopt a set of New York state stan-
    11  dards and curriculum developed by educators working  in  the  field  and
    12  designed to best suit the needs of the individual student.
    13    e. The commission shall have the power to:
    14    i. appoint a chairperson by a majority vote;
    15    ii.  call  upon  any  agency,  department,  office, division or public
    16  authority, or school district of this  state  to  supply  it  with  such
    17  information   and  assistance  as  the  commission  deems  necessary  to
    18  discharge its responsibilities. Each agency, department,  office,  divi-
    19  sion  or  school district of this state shall cooperate with the commis-
    20  sion and furnish such information  and  assistance  as  it  requests  to
    21  accomplish its purposes;
    22    iii.  appoint  a  counsel and such other staff as the commission deems
    23  reasonably necessary to carry out its responsibilities;
    24    iv. contract with any state or private entity  for  the  provision  of
    25  such  services  as the commission determines to be reasonably necessary;
    26  and
    27    v. take other actions not  inconsistent  with  the  purposes  of  this
    28  section as shall enable the commission to carry out its functions.
    29    f.  Recommendations  issued  by  the  commission shall be decided by a
    30  majority  vote.  Recommendations  issued  by  the  commission  shall  be
    31  contained  in a report to the governor and legislature. The report shall
    32  be issued no later than January thirty-first, two thousand seventeen.
    33    g. The commission is  further  empowered  to  appoint  and  impanel  a
    34  committee  to  develop  a set of New York state educational standards as
    35  described by paragraph d of this subdivision should they recommend doing
    36  so at the conclusion of their review and study.
    37    h. Meetings of the commission shall be subject to  the  open  meetings
    38  law established by article seven of the public officers law.
    39    §  349-c.  Suspension  of  common  core  testing.  Notwithstanding any
    40  provision of law to the contrary, the  department  shall  be  prohibited
    41  from  requiring  any  school  or school district in the state to issue a
    42  common core state test as defined by subdivision three of section  three
    43  hundred forty-nine-a of this article.
    44    §  349-d.  Suspension  of  common core curriculum. Notwithstanding any
    45  provision of law to the contrary, the  department  shall  be  prohibited
    46  from requiring any school or school district in the state to implement a
    47  common  core  curriculum  as defined by subdivision two of section three
    48  hundred forty-nine-a of this article.
    49    § 349-e. Waiver from Race to the Top  obligations  related  to  common
    50  core.    The  department  shall  be  required, within thirty days of the
    51  effective date of this article, to apply to the United States department
    52  of education for any and all  flexibility  waivers  including,  but  not
    53  limited  to,  waivers  to  the Elementary and Secondary Education Act of
    54  1965, as amended by the No Child  Left  Behind  Act  of  2001.  Provided
    55  however,  in  the  event  that the United States department of education
    56  shall deny the flexibility waiver, or any portion thereof,  such  denial

        A. 3656                             5
 
     1  shall  have  no  effect on the requirements and prohibitions provided in
     2  this article.
     3    §  2. This act shall take effect June 30, 2015 or on the thirtieth day
     4  after it shall have become a law, whichever is later.
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