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A08844 Summary:

BILL NOA08844A
 
SAME ASSAME AS S06604-A
 
SPONSORRa (MS)
 
COSPNSRGraf, 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
 
MLTSPNSRKearns, 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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8844--A
 
                   IN ASSEMBLY
 
                                    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    § 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    §  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    §  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    § 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    §  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    §  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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