A07303 Summary:

BILL NOA07303A
 
SAME ASNo Same As
 
SPONSORNolan
 
COSPNSRFahy, Paulin, Jaffee, Lifton, Linares, McDonald, Mosley, Otis, Russell, Ryan, Schimel, Zebrowski, Bronson, Skartados, Buchwald, Mayer, Glick, Dinowitz, Kavanagh, Crespo, Seawright, Barrett, O'Donnell, Moya, Brennan, Colton, Weinstein, Lavine, Benedetto, Miller, Lentol, Brindisi, Santabarbara, Skoufis, Cahill, Abinanti, Duprey, Lupardo, Galef, Stirpe, Simon, Gunther, Ortiz, Weprin, Englebright, Steck, Ramos, Rosenthal, Cancel
 
MLTSPNSRCeretto, Corwin, Goodell, Graf, Johns, Lopez, Magee, McDonough, McLaughlin, Murray, Palmesano, Ra, Raia, Stec, Tenney
 
Amd Part EE subpart E S1, Chap 56 of 2015; amd SS3012-d & 305, Ed L
 
Relates to annual performance review public comment period; directs the release of statewide English language arts and mathematics exam questions; relates to the addition of student characteristics for consideration of student performance; establishes a content review committee for reviewing standardized test items; relates to the board of regents; directs the commissioner to conduct a comprehensive review of education standards administered by the state education department; appropriates money therefor.
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A07303 Actions:

BILL NOA07303A
 
05/04/2015referred to education
05/12/2015amend (t) and recommit to education
05/12/2015print number 7303a
05/18/2015reported referred to ways and means
05/19/2015reported referred to rules
05/19/2015reported
05/19/2015rules report cal.39
05/19/2015ordered to third reading rules cal.39
05/20/2015passed assembly
05/20/2015delivered to senate
05/20/2015REFERRED TO EDUCATION
01/06/2016DIED IN SENATE
01/06/2016RETURNED TO ASSEMBLY
01/06/2016ordered to third reading cal.280
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A07303 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7303A
 
SPONSOR: Nolan
  TITLE OF BILL: An act to amend chapter 56 of the laws of 2015 amending the education law relating to annual performance reviews of classroom teachers and building principals, in relation to the public comment period; and to amend the education law, in relation to annual teacher and principal evaluations; to amend the education law, in relation to directing the release of test questions on statewide English language arts and math- ematics examinations; and making an appropriation therefor; to amend the education law, in relation to the addition of student characteristics for consideration of student performance; to amend the education law, in relation to establishing a content review committee for the purpose of reviewing new standardized test items; to amend the education law, in relation to the board of regents; to amend the education law, in relation to the teacher observations category; and to direct the commis- sioner of education to conduct a comprehensive review of the education standards administered by the state education department   PURPOSE: This bill would make amendments to the education law to extend the time for when the commissioner and Board of Regents must adopt regulations and guidelines for implementing a statewide annual teacher and principal evaluation system; extend the period in which school districts must implement an approved evaluation system and delinks the increase in aid for school districts to the implementation of the teacher and principal evaluation system; require the state education department (SED) to release significantly more test questions and answers and provides an appropriation to do so; require SED to take certain student character- istics into consideration when calculating state provided student growth scores; allow districts to use the independent evaluator subcomponent as part of a voluntary demonstration project; establish a standardized test content review committee; require the commissioner to review the Common Core learning standards; and amend the definition of "state-designed supplemental assessments" under 3012-d of the education law.   SUMMARY OF PROVISIONS: Section one would require the commissioner to adopt regulations and guidelines related to implementing a statewide annual teacher and prin- cipal evaluation system by November 17th, 2015. Section two would extend to November 15, 2016 or by September first of each subsequent school year the deadline for when school districts are required to have fully implemented an annual teacher and principal eval- uations system, and would eliminate the contingency requirement for school districts to fully implement the new evaluation system in order to be eligible to receive an increase in aid for the 2015-2016 school year and thereafter. Section three would require SED to release by June 1, 2015 and annually thereafter, a significant amount of test questions and corresponding correct answers from the most recent grades three through eight English language arts and math exams in order to provide sufficient feedback for educators, parents, and students. Section four would appropriate $8.4 million to allow SED to create and print more test forms in order to eliminate standalone multiple choice field testing and release a significant amount of test questions. Section five would require SED to ensure that state-provided student growth scores for certain teachers would consider certain factors, such as English language learners, students with disabilities, students who are in poverty status, as well as students' prior academic history. Section six would no longer require school districts to use the impar- tial independent trained evaluator subcomponent of the teacher observa- tion category, but would instead allow school districts to use the inde- pendent evaluator as part of a voluntary demonstration project that may be established by SED. Section seven and eight would require SED to establish a content review committee to review new standardized test items and/or selected passages for use on state exams in grades three through eight to ensure that tests are presented at a readability level that is grade level appropri- ate and provide that any contracts previously entered into by SED related to standardized assessments must be amended in order to reflect grade level appropriate test questions and content. Section nine would require the commissioner to review the Common Core learning standards. Section ten would amend the definition of state designed supplemental assessments in section 3012-d to include other locally selected measures of student achievement that are approved by SED. Section eleven would provide for the effective date.   JUSTIFICATION: Under current law the commissioner and Board of Regents are required to adopt changes to the annual teacher and principal evaluations by June 30, 2015. Additionally, under current law, school districts must fully implement the new requirements under section 3012-d by November 15, 2015 or by September 1st of the following year in order to be eligible to receive an increase in aid. This bill would extend the deadline for the adoption of regulations until November 17, 2015, so that the Board has sufficient time to carefully consider input from educators, administra- tors, and other stakeholders in order to properly implement a new evalu- ation system and to comply with the timelines established in the State Administrative Procedure Act. Students should not be denied necessary resources for a sound education due to the inability of adults to make agreements, and this bill would eliminate the contingency that school districts must implement a new evaluation system in order to be eligible to receive an increase in aid. Although school districts currently must implement the new evaluation system by November 15, 2015 or by September 1, 2016, it would be in the best interest of students to further extend such deadline by one year. The bill would also make other changes to strengthen the evaluation and testing process. The bill would seek to improve the instructional value of the grades 3-8 ELA and math assessments by providing appropriate funding to ensure that more test questions and their corresponding answers are released to educators, students, and parents. The bill would also require that teachers with state-provided growth scores would have certain student characteristics taken into consideration to ensure scores more accurately reflect a teacher's students. School districts and other stakeholders have noted that the requirement for an independent trained evaluator would be an unfunded mandate for some schools, and it has been argued that the independent evaluators would not understand the dynamics of individual classrooms as well as the administrators that currently work within the school district. Introducing the independent evaluators as a voluntary subcomponent gives school districts flexibility to determine the best system to evaluate their teachers and principals. It is important to ensure assessments are given at a grade appropriate level and in a timeframe that is appropriate for students. The content review committee provided for in this bill, which would include teachers and educational experts, would review future assessments to ensure that assessment content is grade level appropriate. The bill would also require the commissioner to review the Common Core learning standards. Additionally, the bill would also provide that other locally selected measures of student achievement are included in the definition of state designed supplemental assessments if a school district elects to use the locally selected measure of student performance. Allowing for more locally selected measures will ensure that school districts have a wide array of tests and assessments they may use to their liking to measure this subcomponent of student performance.   LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: This bill would provide $8.4 million to the State Education Department.   EFFECTIVE DATE: The act shall take effect immediately.
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A07303 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7303--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 4, 2015
                                       ___________
 
        Introduced  by  M.  of A. NOLAN, KAMINSKY, FAHY, PAULIN, JAFFEE, LIFTON,
          LINARES, McDONALD, MOSLEY, OTIS, RUSSELL, RYAN, SCHIMEL, ZEBROWSKI  --
          read  once  and  referred  to  the Committee on Education -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend chapter 56 of the laws of 2015  amending  the  education
          law  relating  to annual performance reviews of classroom teachers and
          building principals, in relation to the public comment period; and  to
          amend  the  education law, in relation to annual teacher and principal
          evaluations; to amend the education law, in relation to directing  the
          release of test questions on statewide English language arts and math-
          ematics  examinations;  and making an appropriation therefor; to amend
          the education law, in relation to the addition of  student  character-
          istics  for  consideration of student performance; to amend the educa-
          tion law, in relation to establishing a content review  committee  for
          the  purpose  of  reviewing  new standardized test items; to amend the
          education law, in relation to the  board  of  regents;  to  amend  the
          education  law,  in relation to the teacher observations category; and
          to direct the commissioner of education  to  conduct  a  comprehensive
          review  of the education standards administered by the state education
          department
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1 of subpart E of part EE of chapter 56 of the laws
     2  of  2015,  amending  the  education  law  relating to annual performance
     3  reviews of classroom teachers and building  principals,  is  amended  to
     4  read as follows:
     5    Section  1.    Authority  of  the  commissioner.  Notwithstanding  any
     6  provisions of section 3012-c of the education law to the  contrary,  the
     7  commissioner of the state education department, is hereby authorized and
     8  directed  to,  subject to the provisions of section 207 of the education
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A                                                          LBD10854-14-5

        A. 7303--A                          2
 
     1  law, adopt regulations of the commissioner and guidelines no later  than
     2  [June 30] November 17, 2015, to implement a statewide annual teacher and
     3  principal evaluation system in New York state pursuant to section 3012-d
     4  of  the  education  law,  as  added  by  this act, after consulting with
     5  experts and practitioners in the  fields  of  education,  economics  and
     6  psychometrics  and taking into consideration the parameters set forth in
     7  the letter from the Chancellor  of  the  Board  of  Regents  and  acting
     8  commissioner  dated December 31, 2014, to the New York State Director of
     9  State Operations. The commissioner shall also  establish  a  process  to
    10  accept  public  comments  and  recommendations regarding the adoption of
    11  regulations pursuant to section 3012-d of the education law and  consult
    12  in  writing with the Secretary of the United States Department of Educa-
    13  tion on weights, measures  and  ranking  of  evaluation  categories  and
    14  subcomponents  and  shall  release  the response from the Secretary upon
    15  receipt thereof but in any event prior to publication of the regulations
    16  hereunder.
    17    § 2. Subdivision 11 of section 3012-d of the education law,  as  added
    18  by  section 2 of subpart E of part EE of chapter 56 of the laws of 2015,
    19  is amended to read as follows:
    20    11. [Notwithstanding any inconsistent  provision  of  law,  no]  Every
    21  school  district  shall  [be  eligible  for  an apportionment of general
    22  support  for  public  schools  from  the  funds  appropriated  for   the
    23  2015--2016  school  year and any year thereafter in excess of the amount
    24  apportioned to such school district in the respective base  year  unless
    25  such  school  district has submitted documentation that has been] submit
    26  documentation to be approved by the commissioner by November  fifteenth,
    27  two thousand [fifteen] sixteen, or by September first of each subsequent
    28  year,  demonstrating  that  it  has  fully implemented the standards and
    29  procedures for conducting annual teacher and  principal  evaluations  of
    30  teachers  and  principals  in  accordance  with the requirements of this
    31  section and  the  regulations  issued  by  the  commissioner.  [Provided
    32  further  that  any apportionment withheld pursuant to this section shall
    33  not occur prior to April first of the current year and  shall  not  have
    34  any effect on the base year calculation for use in the subsequent school
    35  year. For purposes of this section, "base year" shall mean the base year
    36  as  defined  in  paragraph  b  of  subdivision one of section thirty-six
    37  hundred two of this chapter, and "current year" shall mean  the  current
    38  year  as defined in paragraph a of subdivision one of section thirty-six
    39  hundred two of this chapter.]
    40    § 3. Section 305 of the education law  is  amended  by  adding  a  new
    41  subdivision 51-a to read as follows:
    42    51-a.  On  or  before  June first, two thousand fifteen, and each year
    43  thereafter, the commissioner shall release a significant amount of  test
    44  questions  and  corresponding  correct  answers  from  each  of the most
    45  recently administered English language arts and mathematics examinations
    46  in grades three through eight of that year. The number of questions  and
    47  answers  released shall not be so significant as to hinder or impair the
    48  validity and/or reliability of future  examinations  but  shall  provide
    49  enough  of an overview of each examination so that teachers, administra-
    50  tors, principals, parents and students can be provided  with  sufficient
    51  feedback  on  the types of questions administered and by July first, two
    52  thousand fifteen, and  each  year  thereafter,  the  commissioner  shall
    53  release  the  general  student  success rate in answering such questions
    54  correctly.
    55    §  4.  The  sum  of  eight  million  four  hundred  thousand   dollars
    56  ($8,400,000),  or  so much thereof as may be necessary, is hereby appro-

        A. 7303--A                          3
 
     1  priated to the department of education out of any moneys  in  the  state
     2  treasury  in  the  general  fund  to  the  credit  of the state purposes
     3  account, not otherwise appropriated, and made immediately available, for
     4  the  purpose  of  carrying  out  the  provisions  of subdivision 51-a of
     5  section 305 of the education law, as added by section three of this act,
     6  and in order to create  and  print  more  forms  of  state  standardized
     7  assessments  in  order  to  eliminate  stand-alone multiple choice field
     8  tests and release a significant amount of test questions.   Such  moneys
     9  shall be payable on the audit and warrant of the comptroller on vouchers
    10  certified  or  approved  by  the commissioner of education in the manner
    11  prescribed by law.
    12    § 5. Subparagraph 1 of paragraph a of subdivision 4 of section  3012-d
    13  of  the  education law, as added by section 2 of subpart E of part EE of
    14  chapter 56 of the laws of 2015, is amended to read as follows:
    15    (1) For the first subcomponent, (A) for a teacher whose course ends in
    16  a state-created or administered test for which there is a state-provided
    17  growth model, such teacher shall  have  a  state-provided  growth  score
    18  based on such model, which shall take into consideration certain student
    19  characteristics,  as  determined  by the commissioner, including but not
    20  limited to students with disabilities, poverty status, English  language
    21  learner  status  and prior academic history; and (B) for a teacher whose
    22  course does not end in a state-created or administered test such teacher
    23  shall have a student learning objective (SLO) consistent  with  a  goal-
    24  setting  process  determined  or  developed  by  the  commissioner, that
    25  results in a student growth score; provided that, for any teacher  whose
    26  course  ends  in  a  state-created  or administered assessment for which
    27  there is no state-provided growth model, such assessment must be used as
    28  the underlying assessment for such SLO;
    29    § 6. Paragraph b of subdivision 4 of section 3012-d of  the  education
    30  law,  as added by section 2 of subpart E of part EE of chapter 56 of the
    31  laws of 2015, is amended to read as follows:
    32    b. Teacher observations category. The observations category for teach-
    33  ers shall be based on a state-approved rubric and shall  include  up  to
    34  three  subcomponents.  Such  category must include: [(1)] a subcomponent
    35  based on classroom  observations  conducted  by  a  principal  or  other
    36  trained  administrator  and  [must] may also include [(2)], as part of a
    37  voluntary demonstration project that may be established by  the  depart-
    38  ment,  a  subcomponent  based  on classroom observations by an impartial
    39  independent trained evaluator or evaluators selected by the district. An
    40  independent  trained  evaluator  may  be  employed  within  the   school
    41  district,  but not the same school building, as the teacher being evalu-
    42  ated. Such category may also include a subcomponent based  on  classroom
    43  observations  conducted  by  a  trained  peer teacher rated effective or
    44  highly effective from the same school or  from  another  school  in  the
    45  district.
    46    §  7.  Section  305  of  the  education law is amended by adding a new
    47  subdivision 53 to read as follows:
    48    53.   The commissioner is  authorized  and  directed  to  establish  a
    49  content  review committee for the purposes of reviewing all standardized
    50  test items and/or selected passages used on English  language  arts  and
    51  mathematics  state assessments for grades three through eight to ensure:
    52  (a) they are grade level appropriate, in general; (b) they are presented
    53  at a readability level that is grade-level  appropriate;  (c)  they  are
    54  within  grade-level expectations; and (d) they appropriately measure the
    55  learning standards approved by the board of regents applicable  to  such
    56  subject  and/or grade level. The review of such items and passages shall

        A. 7303--A                          4
 
     1  be conducted prior to their use in such  assessments  provided  however,
     2  for  the two thousand fifteen--two thousand sixteen school year only, if
     3  such requirement would prevent the ability of  such  assessments  to  be
     4  administered,  then items or passages that have not been reviewed may be
     5  used. Provided further, the content review committee  shall  review  any
     6  new  standardized test items and/or selected passages prior to their use
     7  in such assessments.  Such committee shall also ensure that any new test
     8  items and/or selected passages are fair and  appropriately  measure  the
     9  learning  standards  approved by the board of regents applicable to such
    10  subject and/or grade level.   Such  committee  shall  also  ensure  that
    11  adequate  and  appropriate  time  is  given to students for the adminis-
    12  tration of such assessments, provided however  that  subdivision  forty-
    13  nine  of this section must be complied with.  The content review commit-
    14  tee shall include classroom teachers and experienced  educators  in  the
    15  content  area  and/or  grade level of the items/passages being reviewed,
    16  including teachers of students with disabilities  and  English  language
    17  learners.
    18    § 8. Notwithstanding any other provision of law, rule or regulation to
    19  the  contrary,  any  previously  entered  into contract by the education
    20  department related to standardized test items and/or passages for use on
    21  state assessments in grades three through  eight  shall  be  amended  to
    22  incorporate the provisions of section seven of this act and any required
    23  approval  of  such  contract amendments by a state agency shall be expe-
    24  dited to ensure compliance with section seven of this act.
    25    § 9. The commissioner  of  education  shall  conduct  a  comprehensive
    26  review  of  the  education standards administered by the state education
    27  department and seek input from education  stakeholders  when  conducting
    28  such  review. The review shall examine aspects of the learning standards
    29  adopted by the board of regents in 2011 including but  not  limited  to:
    30  whether  curriculum  materials  and modules are aligned to standards and
    31  fully available to school districts, age and  grade  appropriateness  of
    32  such standards, and current progress of the implementation of such stan-
    33  dards.    The review shall also contain recommendations on how to modify
    34  the standards if deemed necessary and appropriate provided  such  recom-
    35  mended  modifications  shall be in accordance with federal requirements.
    36  This review shall  be  completed  on  or  before  June  30,  2016.  Upon
    37  completion  of  the review the board of regents shall consider the find-
    38  ings of the review and vote to accept or reject any recommendations made
    39  by the commissioner within 60 days.
    40    § 10. Paragraph d of subdivision 2 of section 3012-d of the  education
    41  law,  as added by section 2 of subpart E of part EE of chapter 56 of the
    42  laws of 2015, is amended to read as follows:
    43    d. "State-designed supplemental assessment" shall mean a selection  of
    44  state  tests or assessments developed or designed by the state education
    45  department, or that the state education department purchased or acquired
    46  from (i) another state; (ii) an  institution  of  higher  education;  or
    47  (iii)  a  commercial or not-for-profit entity, provided that such entity
    48  must be objective and may not have a conflict of interest or  appearance
    49  of  a conflict of interest; such definition may include tests or assess-
    50  ments that have been previously designed or acquired by local districts,
    51  but only if the state education department significantly modifies growth
    52  targets or scoring bands for such  tests  or  assessments  or  otherwise
    53  adapts  the  test  or  assessment  to  the  state education department's
    54  requirements and may include other locally selected measures of  student
    55  achievement provided that such measures are approved by the department.

        A. 7303--A                          5
 
     1    §  11. This act shall take effect immediately; provided, however, that
     2  nothing in this act shall prevent or impair the commissioner  of  educa-
     3  tion  from  complying  with  the provisions of section three of this act
     4  prior to its effective date and provided further that, if this act takes
     5  effect  after  June  1,  2015,  the commissioner of education shall have
     6  thirty days from such effective date to comply with  the  provisions  of
     7  section  three  of  this act; and provided further that section seven of
     8  this act shall take effect December 1, 2015.
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