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A08844 Summary:

BILL NO    A08844A

SAME AS    SAME AS S06604-A

SPONSOR    Ra (MS)

COSPNSR    Graf, McDonough, Kolb, Saladino, Palumbo, Lupinacci, Palmesano,
           McKevitt, Montesano, Curran, McLaughlin, Crouch, Lopez P, Lalor,
           Katz, Borelli, Malliotakis, Walter, Raia, Goodell, Tenney, Tedisco,
           Friend, Garbarino, Ceretto, Blankenbush, Johns, Stec, Duprey, Butler,
           DiPietro, Hawley, Giglio, Nojay, Corwin, Barclay, Fitzpatrick,
           Hennessey

MLTSPNSR   Kearns, Skartados, Thiele

Add Art 7-B SS349-a - 349-e, Ed L

Establishes the Blue Ribbon Commission on 21st Century and Curriculum.
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A08844 Text:

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

                                        8844--A

                                 I N  A S S E M B L Y

                                   February 20, 2014
                                      ___________

       Introduced  by  M.  of  A. RA, GRAF, McDONOUGH, KOLB, SALADINO, PALUMBO,
         LUPINACCI, PALMESANO, McKEVITT, MONTESANO, CURRAN, McLAUGHLIN, CROUCH,
         P. LOPEZ, LALOR, KATZ, BORELLI, MALLIOTAKIS,  WALTER,  RAIA,  GOODELL,
         TENNEY, TEDISCO, FRIEND, GARBARINO, CERETTO, BLANKENBUSH, JOHNS, STEC,
         DUPREY,  BUTLER,  DiPIETRO,  HAWLEY,  GIGLIO,  NOJAY, CORWIN, BARCLAY,
         FITZPATRICK, HENNESSEY -- Multi-Sponsored by -- M. of A. KEARNS, SKAR-
         TADOS, THIELE -- 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 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    S 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.
   19    3. "COMMON CORE  STATE  TEST"  SHALL  MEAN  ANY  STATE  OR  CONSORTIUM
   20  CREATED,  DEVELOPED  OR  ADMINISTERED  TEST  GIVEN  IN NEW YORK STATE TO

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13090-10-4
       A. 8844--A                          2

    1  STUDENTS  IN  GRADES  PRE-KINDERGARTEN  THROUGH  TWELVE  THAT  TESTS   A
    2  STUDENT'S KNOWLEDGE AND SKILLS RELATING TO THE COMMON CORE CURRICULUM.
    3    4. "CONSORTIUM" SHALL MEAN THE SMARTER BALANCED ASSESSMENT CONSORTIUM,
    4  THE  PARTNERSHIP FOR ASSESSMENT OF READINESS FOR COLLEGE AND CAREERS, OR
    5  ANY OTHER ORGANIZATION, ENTITY, OR GROUP DEVELOPING  STANDARDIZED  TESTS
    6  BASED OFF OF THE COMMON CORE CURRICULUM.
    7    S  349-B.  BLUE  RIBBON COMMISSION ON 21ST CENTURY TESTING AND CURRIC-
    8  ULUM. 1. THERE IS HEREBY CREATED THE  BLUE  RIBBON  COMMISSION  ON  21ST
    9  CENTURY  TESTING  AND  CURRICULUM,  WHICH SHALL CONSIST OF THE FOLLOWING
   10  TWENTY-THREE MEMBERS WHO SHALL BE APPOINTED NO  LESS  THAN  THIRTY  DAYS
   11  AFTER THE EFFECTIVE DATE OF THIS SECTION:
   12    A.  FIVE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE OF WHOM SHALL
   13  BE THE COMMISSIONER;
   14    B. TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY  PRESIDENT  OF  THE
   15  SENATE;
   16    C. TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   17    D.  TWO  MEMBERS  SHALL  BE  APPOINTED  BY  THE MINORITY LEADER OF THE
   18  SENATE;
   19    E. TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
   20  BLY;
   21    F. THREE MEMBERS SHALL BE APPOINTED BY THE PRESIDENT OF NEW YORK STATE
   22  UNITED TEACHERS, ONE OF WHOM MUST HAVE COMPLETED THEIR SPECIAL EDUCATION
   23  CERTIFICATION AND ONE OF WHOM MUST PROVIDE INSTRUCTION TO ENGLISH  AS  A
   24  SECOND LANGUAGE STUDENTS;
   25    G.  ONE  MEMBER  SHALL  BE  APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
   26  SCHOOL ADMINISTRATORS ASSOCIATION OF NEW YORK STATE;
   27    H. TWO MEMBERS SHALL BE APPOINTED BY THE PRESIDENT  OF  THE  NEW  YORK
   28  STATE  PARENT  TEACHER  ASSOCIATION,  ONE  OF WHOM MUST BE A PARENT OF A
   29  STUDENT WITH A CURRENT INDIVIDUAL EDUCATION PLAN;
   30    I. ONE MEMBER SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE  NEW
   31  YORK STATE COUNCIL OF SCHOOL SUPERINTENDENTS;
   32    J.  ONE  MEMBER  SHALL  BE  APPOINTED BY THE PRESIDENT OF THE NEW YORK
   33  STATE SCHOOL BOARDS ASSOCIATION;
   34    K. ONE MEMBER SHALL BE APPOINTED BY THE  PRESIDENT  OF  THE  NEW  YORK
   35  STATE ASSOCIATION OF INDEPENDENT SCHOOLS;
   36    L.  ONE  MEMBER  SHALL  BE  APPOINTED BY THE PRESIDENT OF THE NEW YORK
   37  STATE ASSOCIATION OF SCHOOL PSYCHOLOGISTS. SUCH MEMBER SHALL HAVE  EXPE-
   38  RIENCE IN A CLINICAL SETTING.
   39    2.  NO MEMBER OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY
   40  PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
   41  OR EMPLOYMENT BY VIRTUE OF HIS  OR  HER  APPOINTMENT  PURSUANT  TO  THIS
   42  SECTION.  MEMBERS  OF  THE  COMMISSION SHALL RECEIVE NO COMPENSATION FOR
   43  THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
   44  INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS PURSUANT TO THIS SECTION.
   45  A MEMBER OF THE COMMISSION MAY BE REMOVED BY  THE  APPOINTING  AUTHORITY
   46  ONLY FOR GOOD CAUSE, AFTER NOTICE AND OPPORTUNITY TO BE HEARD. VACANCIES
   47  SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
   48    3. POWERS AND DUTIES OF THE COMMISSION.
   49    A.  THE  COMMISSION  SHALL HOLD AT LEAST ONE PUBLIC HEARING IN EACH OF
   50  THE FOLLOWING REGIONS:
   51    I. LONG ISLAND;
   52    II. NEW YORK CITY;
   53    III. HUDSON VALLEY;
   54    IV. CAPITAL DISTRICT;
   55    V. NORTH COUNTRY;
   56    VI. CENTRAL NEW YORK;
       A. 8844--A                          3

    1    VII. FINGER LAKES;
    2    VIII. WESTERN NEW YORK;
    3    IX. SOUTHERN TIER.
    4    B. DURING THE PUBLIC HEARINGS, THE COMMISSION SHALL HEAR THE TESTIMONY
    5  OF  VOLUNTARY  WITNESSES,  MAY COMPEL THE TESTIMONY OF WITNESSES AND MAY
    6  REQUIRE THE PRODUCTION OF ANY DOCUMENTS THE COMMISSION DEEMS  REASONABLY
    7  NECESSARY TO CARRY OUT ITS RESPONSIBILITIES.
    8    C.  AFTER REVIEW, STUDY, AND RECEIPT OF PUBLIC COMMENT, THE COMMISSION
    9  SHALL ISSUE A REPORT AND  PROMULGATE  RECOMMENDATIONS  GOVERNING  EDUCA-
   10  TIONAL STANDARDS, CURRICULUM, THE IMPLEMENTATION THEREOF, AND TESTING IN
   11  THE STATE OF NEW YORK FOR GRADES PRE-KINDERGARTEN THROUGH TWELVE. RECOM-
   12  MENDATIONS  SHALL  INCLUDE  INFORMATION ON, BUT SHALL NOT BE LIMITED TO,
   13  THE FOLLOWING:
   14    I. AN ANALYSIS OF THE STATE STANDARDS AND RELATED CURRICULUM  EXISTING
   15  IN THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR;
   16    II.  AN ANALYSIS OF THE COMMON CORE STANDARDS ESTABLISHED IN TWO THOU-
   17  SAND TEN BY THE NATIONAL GOVERNORS ASSOCIATION CENTER FOR BEST PRACTICES
   18  AND THE COUNCIL OF CHIEF STATE SCHOOL OFFICERS;
   19    III. AN ANALYSIS OF BEST PRACTICES, IN LIGHT OF THE STUDY  AND  REVIEW
   20  OF  PRIOR  STATE STANDARDS AND THOSE PUT FORTH BY THE NATIONAL GOVERNORS
   21  ASSOCIATION CENTER FOR BEST PRACTICES AND THE  COUNCIL  OF  CHIEF  STATE
   22  SCHOOL  OFFICERS, RELATED TO EDUCATIONAL STANDARDS AND PROMOTING COLLEGE
   23  AND CAREER READINESS FOR PRE-KINDERGARTEN THROUGH TWELFTH GRADE STUDENTS
   24  IN NEW YORK STATE;
   25    IV. AN ANALYSIS OF AGE  APPROPRIATE  AND  DEVELOPMENTALLY  APPROPRIATE
   26  MEANS OF IMPLEMENTING AND TRANSITIONING TO NEW EDUCATIONAL STANDARDS AND
   27  CURRICULUMS WITHIN THE STATE;
   28    V.  AN  ANALYSIS  OF  THE  TIME  AND RESOURCES SPENT PREPARING FOR AND
   29  ADMINISTERING STATE-WIDE TESTS WITHIN THE STATE, FOR EACH GRADE, IN  THE
   30  SCHOOL  YEARS TWO THOUSAND NINE--TWO THOUSAND TEN, TWO THOUSAND TEN--TWO
   31  THOUSAND ELEVEN, TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE, TWO  THOUSAND
   32  TWELVE--TWO THOUSAND THIRTEEN, TWO THOUSAND THIRTEEN--TWO THOUSAND FOUR-
   33  TEEN;
   34    VI.  AN  ANALYSIS  OF THE DATA COLLECTED PURSUANT TO SUBPARAGRAPH V OF
   35  THIS PARAGRAPH AND THE IMPACT THAT THE TIME AND RESOURCES ALLOCATED  HAD
   36  ON  THE  QUALITY  OF INSTRUCTION AND EMOTIONAL WELL-BEING OF STUDENTS IN
   37  THE STATE;
   38    VII. AN ANALYSIS OF THE IMPACT THAT A CHANGE IN CURRICULUM  WILL  HAVE
   39  ON STUDENTS WHO ARE ABSENT FROM THEIR REGULAR CLASSES FOR EXTENDED PERI-
   40  ODS  EACH  WEEK  DUE TO RECEIVING SPECIAL EDUCATIONAL SERVICES, REMEDIAL
   41  SERVICES, OR STUDENTS WHO HAVE EXTENDED ABSENCES;
   42    VIII. AN ANALYSIS OF HOW THE POTENTIAL  REINSTATEMENT  OF  THE  COMMON
   43  CORE  CURRICULUM WILL IMPACT THE AMOUNT OF TIME THAT STUDENTS OF VARIOUS
   44  FAMILY STRUCTURES AND SOCIO-ECONOMIC BACKGROUNDS SPEND DOING HOMEWORK;
   45    IX. AN ANALYSIS AS TO THE SUFFICIENCY OF THE COMMON CORE  MODULES  AND
   46  ANY LESSON PLANS PROVIDED TO THE SCHOOLS BY THE DEPARTMENT;
   47    X.  A  COMPARISON OF LOCALLY DEVELOPED CURRICULUMS THAT WERE DEVELOPED
   48  IN ORDER TO INSTRUCT ON THE COMMON CORE STANDARDS AND  THOSE  THAT  WERE
   49  PURCHASED FROM VENDORS, WITH A FOCUS ON QUALITY, AGE APPROPRIATENESS AND
   50  DEVELOPMENTAL APPROPRIATENESS;
   51    XI.  A  REVIEW OF THE PERCENTAGE OF SCHOOLS THAT HAD FULLY IMPLEMENTED
   52  THE COMMON CORE CURRICULUM, THOSE THAT  HAD  PARTIALLY  IMPLEMENTED  THE
   53  COMMON  CORE  CURRICULUM, AND THOSE THAT HAD NOT IMPLEMENTED ANY PART OF
   54  THE COMMON CORE CURRICULUM DURING THE TWO THOUSAND  THIRTEEN--TWO  THOU-
   55  SAND FOURTEEN SCHOOL YEAR;
       A. 8844--A                          4

    1    XII.  AN  ANALYSIS  OF  WHETHER  OR NOT INSTRUCTION AND TESTING ON THE
    2  COMMON CORE CURRICULUM IS DEVELOPMENTALLY APPROPRIATE FOR CHILDREN  WITH
    3  INDIVIDUALIZED EDUCATION PLANS AND CHILDREN WITH OTHER LEARNING DISABIL-
    4  ITIES.
    5    D.  AFTER  CONCLUDING  THEIR STUDY, THE COMMISSION MUST TAKE A VOTE ON
    6  WHETHER OR NOT THEY BELIEVE THE COMMON CORE CURRICULUM SHOULD  BE  REIN-
    7  STATED. THE RESULTS OF THAT VOTE MUST BE INCLUDED IN THEIR FINAL REPORT.
    8    E. THE COMMISSION SHALL HAVE THE POWER TO:
    9    I. APPOINT A CHAIRPERSON BY A MAJORITY VOTE;
   10    II.  CALL  UPON  ANY  AGENCY,  DEPARTMENT,  OFFICE, DIVISION OR PUBLIC
   11  AUTHORITY, OR SCHOOL DISTRICT OF THIS  STATE  TO  SUPPLY  IT  WITH  SUCH
   12  INFORMATION   AND  ASSISTANCE  AS  THE  COMMISSION  DEEMS  NECESSARY  TO
   13  DISCHARGE ITS RESPONSIBILITIES. EACH AGENCY, DEPARTMENT,  OFFICE,  DIVI-
   14  SION  OR  SCHOOL DISTRICT OF THIS STATE SHALL COOPERATE WITH THE COMMIS-
   15  SION AND FURNISH SUCH INFORMATION  AND  ASSISTANCE  AS  IT  REQUESTS  TO
   16  ACCOMPLISH ITS PURPOSES;
   17    III.  APPOINT  A  COUNSEL AND SUCH OTHER STAFF AS THE COMMISSION DEEMS
   18  REASONABLY NECESSARY TO CARRY OUT ITS RESPONSIBILITIES;
   19    IV. CONTRACT WITH ANY STATE OR PRIVATE ENTITY  FOR  THE  PROVISION  OF
   20  SUCH  SERVICES  AS THE COMMISSION DETERMINES TO BE REASONABLY NECESSARY;
   21  AND
   22    V. TAKE OTHER ACTIONS NOT  INCONSISTENT  WITH  THE  PURPOSES  OF  THIS
   23  SECTION AS SHALL ENABLE THE COMMISSION TO CARRY OUT ITS FUNCTIONS.
   24    F.  RECOMMENDATIONS  ISSUED  BY  THE  COMMISSION SHALL BE DECIDED BY A
   25  MAJORITY  VOTE.  RECOMMENDATIONS  ISSUED  BY  THE  COMMISSION  SHALL  BE
   26  CONTAINED  IN A REPORT TO THE GOVERNOR AND LEGISLATURE. THE REPORT SHALL
   27  BE ISSUED NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND SIXTEEN.
   28    G. MEETINGS OF THE COMMISSION SHALL BE SUBJECT TO  THE  OPEN  MEETINGS
   29  LAW ESTABLISHED BY ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
   30    S  349-C.  SUSPENSION  OF  COMMON  CORE  TESTING.  NOTWITHSTANDING ANY
   31  PROVISION OF LAW TO THE CONTRARY, THE  DEPARTMENT  SHALL  BE  PROHIBITED
   32  FROM  REQUIRING  ANY  SCHOOL  OR SCHOOL DISTRICT IN THE STATE TO ISSUE A
   33  COMMON CORE STATE TEST AS DEFINED BY SUBDIVISION THREE OF SECTION  THREE
   34  HUNDRED FORTY-NINE-A OF THIS ARTICLE UNTIL THE TWO THOUSAND SIXTEEN--TWO
   35  THOUSAND  SEVENTEEN  SCHOOL  YEAR.  DURING  THE  MORATORIUM,  STATE-WIDE
   36  ASSESSMENTS FOR GRADES PRE-KINDERGARTEN THROUGH TWELVE SHALL  BE  DEVEL-
   37  OPED  FROM  STATE STANDARDS WHICH EXISTED FOR THE TWO THOUSAND NINE--TWO
   38  THOUSAND TEN SCHOOL YEAR.
   39    S 349-D. SUSPENSION OF COMMON  CORE  CURRICULUM.  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 IMPLEMENT A
   42  COMMON CORE CURRICULUM AS DEFINED BY SUBDIVISION TWO  OF  SECTION  THREE
   43  HUNDRED FORTY-NINE-A OF THIS ARTICLE UNTIL THE TWO THOUSAND SIXTEEN--TWO
   44  THOUSAND SEVENTEEN SCHOOL YEAR.
   45    S  349-E.  WAIVER  FROM  RACE TO THE TOP OBLIGATIONS RELATED TO COMMON
   46  CORE.   THE DEPARTMENT SHALL BE REQUIRED,  WITHIN  THIRTY  DAYS  OF  THE
   47  EFFECTIVE  DATE OF THIS ARTICLE, TO APPLY TO THE UNITED STATE DEPARTMENT
   48  OF EDUCATION FOR ANY AND ALL FLEXIBILITY WAIVERS THAT MAY BE REQUIRED IN
   49  ORDER FOR THE STATE TO REMAIN IN COMPLIANCE WITH THE  RACE  TO  THE  TOP
   50  APPLICATION  WHICH  WAS  SUBMITTED  BY THE DEPARTMENT ON JUNE FIRST, TWO
   51  THOUSAND TEN. PROVIDED HOWEVER, IN THE  EVENT  THAT  THE  UNITED  STATES
   52  DEPARTMENT  OF  EDUCATION  SHALL  DENY  THE  FLEXIBILITY  WAIVER, OR ANY
   53  PORTION THEREOF, SUCH DENIAL SHALL HAVE NO EFFECT  ON  THE  REQUIREMENTS
   54  AND PROHIBITIONS PROVIDED IN THIS ARTICLE.
   55    S  2. This act shall take effect June 30, 2014 or on the thirtieth day
   56  after it shall have become a law, whichever is later.
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