A05271 Summary:

BILL NOA05271
 
SAME ASNo Same As
 
SPONSORSkoufis
 
COSPNSRMosley, Englebright, Jaffee, Lupinacci, Friend, Cook, Russell, Walter, Graf, Tenney, Brabenec, Lawrence, McDonough, DiPietro, Lifton, Wozniak, Steck
 
MLTSPNSRGlick, Raia, Rivera, Robinson, Saladino, Simon
 
Amd S305, Ed L
 
Instructs the commissioner to remove any imposed confidentiality agreements regarding common core testing and ensure that any teachers, administrators or other school employees who choose to discuss the exam after its completion not be subject to any disciplinary action.
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A05271 Actions:

BILL NOA05271
 
02/17/2015referred to education
01/06/2016referred to education
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A05271 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5271
 
SPONSOR: Skoufis
  TITLE OF BILL: An act to amend the education law, in relation to removing any imposed confidentiality agreements regarding common core testing   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to amend and/or remove the confidentiality agreement (see Appendix H; Exam Scoring Confidentiality Agreement of Grades 3-8 Common Core ELA and Mathematics Tests Scoring Leader Hand- book, 2014 Edition) that has been developed and published under contract by the NYS Education Department and/or any vendor and to protect teach- ers, administrators, and other school employees who engage in post-test public discussion and information-sharing concerning Common Core testing and the secure test materials from any disciplinary action.   SUMMARY OF SPECIFIC PROVISIONS: Amends and/or removes provisions of the (5-part) confidentiality agree- ment that prohibits teachers and administrators from disclosing after the final administration of test questions, test contents, or test answers and that prohibit teachers and administrators from disclosing or even retaining any notes taken or prepared by them at the time of the test. Ensures that teachers, administrators, and other school employees who do engage in public discussion and sharing of test content after the test has been administered not be subject to any disciplinary action in accordance with Sections 3020 and 3020-a of Education Law and/or subject to action against their certification pursuant to Part 83 of the Regu- lations of the Commissioner of Education. Prohibits the requirement that teachers and administrators must even sign such a confidentiality agreement. Directs the Commissioner of Education and/or Chancellor of Education to release test content, questions, and answers for public review and discussion after the testing has been administered.   JUSTIFICATION: There is great concern over the direction testing of our children has taken in New York State and in particular in regards to how such testing of the new Common Core standards is being controlled by the education and publishing conglomerate NCS Pearson, Inc. and the NYS Education Department. Across the board, teachers and administrators, even those who are not protesting testing or the newer standards, are appalled at the fact that our children in grades 3 through 8 are sitting for many hours for tests that they know are not yet aligned with the newer stand- ards; are doing a poor job of testing reading comprehension; are confus- ing, ambiguous, too long, and developmentally inappropriate. Yet because of an Exam Scoring Confidentiality Agreement that was put into effect with the ELA and Mathematics testing attached to the Common Core, teachers and administrators are forbidden (at any time, including after the test) to discuss or share the contents of the tests with each other, parents, students or the public. Given the high-stakes nature of this testing (for teachers and administrators the outcome can dictate careers while for children the outcome can impact placement and admis- sion to certain schools), such a suppression order is grossly unfair and counter-productive to what should be at the heart of a true education: learning from our mistakes in order to grow and be more productive. Finally, while it has been past practice and remains appropriate to embargo secure test materials prior and during the testing period, the current suppression of post-test review and open discussion of these tests flies in the face of what is done with virtually every other standardized test in the nation. Forcing teachers and administrators to sign such an agreement or risk their job and/or certification rises to the level of abuse.   PRIOR LEGISLATIVE HISTORY: 2013/14 A9655 05/14/14 referred to education   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A05271 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5271
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 17, 2015
                                       ___________
 
        Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
          tee on Education
 
        AN ACT to amend the education law, in relation to removing  any  imposed
          confidentiality agreements regarding common core testing
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 305 of the education law is amended by adding a new
     2  subdivision 53 to read as follows:
     3    53. The commissioner shall:
     4    a. release common core test content, questions, and answers for public
     5  review and discussion post-test;
     6    b. amend and/or remove provisions of the existing common  core  confi-
     7  dentiality  agreement  or  any  such  future  agreements required by the
     8  department, its vendors and/or school districts, that prohibit teachers,
     9  administrators, or other school employees from:
    10    (1) disclosing test content, questions or answers; and
    11    (2) disclosing or retaining any notes personally taken or prepared  at
    12  the time of the examination;
    13    c. ensure that teachers, administrators, or other school employees who
    14  choose   after  completion  of  the  examination  to  engage  in  public
    15  discussion of common core test content not be subject to:
    16    (1) any disciplinary action in accordance with sections three thousand
    17  twenty and three thousand twenty-a of this chapter; and/or
    18    (2) any action against their certification pursuant  to  part  eighty-
    19  three of the regulations of the commissioner; and
    20    d.  prohibit  the  requirement that teachers, administrators, or other
    21  school employees sign a common core confidentiality agreement.
    22    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04206-01-5
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