A05271 Summary:

BILL NO    A05271 

SAME AS    No same as 

SPONSOR    Skoufis

COSPNSR    Mosley, Englebright, Jaffee, Lupinacci, Friend, Cook, Russell,
           Walter, Graf, Tenney, Brabenec, Lawrence, McDonough, DiPietro,
           Lifton, Wozniak, Steck

MLTSPNSR   Glick, 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 NO    A05271 

02/17/2015 referred to education
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A05271 Votes:

There are no votes for this bill in this legislative session.
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A05271 Memo:

BILL NUMBER:A5271

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
Handbook, 2014 Edition) that has been developed and published under
contract by the NYS Education Department and/or any vendor and to
protect teachers, 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
agreement 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 Regulations 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 standards; are doing a poor job of testing reading
comprehension; are confusing, 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 admission 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:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5271

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   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
   19  EIGHTY-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    S 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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