NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8929
SPONSOR: Nolan (MS)
TITLE OF BILL:
An act to amend the education law, in relation to reforms in common core
This legislation addresses concerns regarding the implementation of the
common core learning standards, the effect of the common core aligned
assessments on teachers, principals and students, as well as protection
of student data and information.
SUMMARY OF PROVISIONS:
Section 1: Provides that English language arts and mathematics common
core aligned assessments shall not factor into a teacher or principals
Annual Professional Performance Review (APPR) composite effectiveness
score. Establishes an alternative calculation for the composite effec-
tiveness score in certain circumstances.
Section 2: Directs the commissioner to apply for federal waivers that he
or she deems necessary to implement section 1 of this Act.
Section 3-4: Requires the Commissioner to prohibit the use of grades 3-8
English Language Arts (ELA) and math assessment scores as the sole or
primary determining factor in student promotion or placement; prohibits
grades 3-8 ELA and math scores from being included on a student's perma-
nent record or official transcript; requires the Commissioner to reduce
the number of field tests administered for grades 3-8 ELA and math and
increase the number of sample test questions available to teachers and
school districts by using Race to the Top funds to print at least twenty
different forms for each assessment; requires the Commissioner to assist
school districts and BOCES in the development of professional develop-
ment tools, resources, and materials for teachers and principals as part
of an option school district common core training program.
Sections 5-9: Prohibit the use of certain assessments in pre-kindergar-
ten through second grade that are not being used for diagnostic purposes
or otherwise required by federal law.
Section 10: Requires the commissioner to expedite the review of APPR
plans that would eliminate unnecessary testing. The commissioner must
also provide guidance and advice to school districts to help them elimi-
nate traditional standardized student assessments not necessary to
comply with the evaluation law.
Section 11: Provides that school districts and BOCES shall consider
implementing a common core training program for teachers and principals
to assist in professional development related to the common core learn-
Section 12: Prohibits the Commissioner and the State Education Depart-
ment from providing student data to any third party vendor that would
send the student information to data dashboards until July 1, 2015.
Section 13: Provides that a parent or a student eighteen or older may
opt-out of disclosing the student's personally identifiable data and/or
biometric record to.third party vendors. The State Education Department
and schools would be prohibited from disclosing personally identifiable
information after receiving an opt-out request, except under certain
circumstances. Requires third party vendors to have a breach remediation
plan and to expeditiously notify schools or the State Education Depart-
ment of suspected or actual data security breaches.
Section 14: Requires the Commissioner evaluate and provide a report on
the effectiveness of the implementation of the Common Core learning
standards on the education of students with disabilities, English
language learners, and students with limited English proficiency.
Section 15: Authorizes the Commissioner to promulgate regulations.
Section 16: Establishes the effective date.
The Board of Regents adopted the common core learning standards in July
2010 in an effort to win grants funds under the Race to the Top Program.
One of the reasons United States Department of Education granted the
State Education Department a flexibility waiver from certain require-
ments of the No Child Left Behind Act was the adoption of the common
core. The enactment of the Annual Professional Performance Review law
also played a critical role for the success of New York's Race to the
Top application and the approval of the State Education Department's
The implementation of the common core has caused significant challenges
that have strained our school districts, administrators, teachers,
parents and, most importantly, students. An indicator of such challenges
occurred in the spring of 2013 when student test scores dropped signif-
icantly after taking the new Common Core aligned assessments. Teachers
and principals have noted that there were inadequate, limited resources
available to prepare them for the change in curriculum and state assess-
ments. Parents have stated that there have been substantial increases in
the amount of tests their children are required to take. School adminis-
trators and parents have indicated concerns with the Race to the Top
requirements that have led to personal student data being collected and
sent to third party vendors.
This legislation will provide much needed adjustments relating to common
core implementation, teacher evaluations and student data privacy to
alleviate some of the strain experiences by our teachers, school admin-
istrators and, most importantly, students.
To be determined.
This act shall take effect immediately, provided that subdivision 44 of
section 305 of the education law as added by section three shall take
effect July 1, 2014; section 1 shall expire and be deemed repealed if
any necessary federal approvals or waivers have been denied; section 11
shall take effect August 1, 2014; section 13 shall take effect on the
90th day after enactment; and provisions relating to prohibited student
assessments in kindergarten through second grade shall not impact exist-
ing APPR plans, only plans that are resubmitted.