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A08929 Summary:

SAME ASNo same as
COSPNSRSilver, Glick, Morelle, Abinanti, Buchwald, Fahy, Jaffee, Paulin, Ryan, Schimel, Benedetto, Braunstein, Jacobs, Magnarelli, Millman, Ortiz, Perry, Robinson, Rosenthal, Russell, Scarborough, Schimminger, Sepulveda, Steck, Stirpe, Thiele, Mosley, Skartados, Peoples-Stokes, Cusick, Lifton, Miller, Cymbrowitz, Weprin
MLTSPNSRAbbate, Arroyo, Brennan, Brindisi, Bronson, Cahill, Clark, Colton, Cook, Crespo, Davila, DenDekker, Dinowitz, Englebright, Farrell, Heastie, Hennessey, Hevesi, Hooper, Kim, Lavine, Lentol, Lupardo, Magee, Markey, Mayer, McDonald, Moya, O'Donnell, Otis, Pichardo, Quart, Ramos, Rodriguez, Santabarbara, Skoufis, Sweeney, Titone, Weinstein, Weisenberg, Zebrowski
Amd SS3012-c, 305 & 3602-e, add SS3036 & 2-c, Ed L
Relates to the use of common core assessments, teacher and principal training and the release of personally identifiable student data.
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A08929 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the education law, in relation to reforms in common core   PURPOSE: 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- ing standards. 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.   JUSTIFICATION: 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 flexibility waiver. 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.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPACT: To be determined.   EFFECTIVE DATE: 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.
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