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A08929 Summary:

BILL NO    A08929 

SAME AS    No same as 

SPONSOR    Nolan (MS)

COSPNSR    Silver, 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

MLTSPNSR   Abbate, 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:



An act to amend the education law, in relation to reforms in common


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.


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
effectiveness 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 permanent 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 development 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-kindergarten 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
eliminate 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 learning standards.

Section 12: Prohibits the Commissioner and the State Education
Department from providing student data to any third party vendor that

would send the student information to data dashboards until July 1,

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 Department of suspected or actual data security

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 requirements 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 significantly 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 assessments. Parents have stated that there
have been substantial increases in the amount of tests their children
are required to take. School administrators 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 administrators and, most importantly, students.


New Bill.


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 existing APPR plans, only plans that are resubmitted.
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