|SAME AS||No Same As|
|COSPNSR||Graf, McDonough, Kolb, Murray, Curran, Fitzpatrick, McKevitt, Walter, Goodell, Lupinacci, Palumbo, Garbarino, Tenney, Montesano, Butler, Friend, Tedisco, Raia, Giglio, Palmesano, DiPietro, Malliotakis, Katz, Brabenec, Hawley, McLaughlin, Wozniak, Lopez, Blankenbush, Stec, Saladino, Barclay, Crouch, Johns, Duprey, Ceretto|
|MLTSPNSR||Kearns, Skartados, Thiele|
|Add Art 7-B SS349-a - 349-e, Ed L|
|Establishes the Blue Ribbon Commission on 21st Century Testing and Curriculum.|
Go to top
STATE OF NEW YORK ________________________________________________________________________ 3656 2015-2016 Regular Sessions IN ASSEMBLY January 27, 2015 ___________ Introduced by M. of A. RA, GRAF, McDONOUGH, KOLB, MURRAY -- read once and referred to the Committee on Education 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, including those designed by any commer- 19 cial entity pursuant to a contract with the New York state department of 20 education. 21 3. "Common core state test" shall mean any state or consortium 22 created, developed or administered test given in New York state to 23 students in grades pre-kindergarten through twelve that tests a 24 student's knowledge and skills relating to the common core curriculum. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07575-02-5A. 3656 2 1 4. "Consortium" shall mean the smarter balanced assessment consortium, 2 the partnership for assessment of readiness for college and careers, or 3 any other organization, entity, or group developing standardized tests 4 based off of the common core curriculum. 5 5. "New York state draft standards" shall mean the results of the New 6 York state board of regents standards review initiative including but 7 not limited to the draft student learning standards for English language 8 arts/English as a second language. 9 § 349-b. Blue Ribbon Commission on 21st Century Testing and Curric- 10 ulum. 1. There is hereby created the Blue Ribbon Commission on 21st 11 Century Testing and Curriculum, which shall consist of the following 12 twenty-three members who shall be appointed no less than thirty days 13 after the effective date of this section: 14 a. Five members shall be appointed by the governor, one of whom shall 15 be the commissioner; 16 b. Two members shall be appointed by the temporary president of the 17 senate; 18 c. Two members shall be appointed by the speaker of the assembly; 19 d. Two members shall be appointed by the minority leader of the 20 senate; 21 e. Two members shall be appointed by the minority leader of the assem- 22 bly; 23 f. Three members shall be appointed by the president of New York state 24 united teachers, one of whom must have completed their special education 25 certification and one of whom must provide instruction to English as a 26 second language students; 27 g. One member shall be appointed by the executive director of the 28 school administrators association of New York state; 29 h. Two members shall be appointed by the president of the New York 30 state parent teacher association, one of whom must be a parent of a 31 student with a current individual education plan; 32 i. One member shall be appointed by the executive director of the New 33 York state council of school superintendents; 34 j. One member shall be appointed by the president of the New York 35 state school boards association; 36 k. One member shall be appointed by the president of the New York 37 state association of independent schools; 38 l. One member shall be appointed by the president of the New York 39 state association of school psychologists. Such member shall have expe- 40 rience in a clinical setting. 41 2. No member of the commission shall be disqualified from holding any 42 public office or employment, nor shall he or she forfeit any such office 43 or employment by virtue of his or her appointment pursuant to this 44 section. Members of the commission shall receive no compensation for 45 their services, but shall be allowed their actual and necessary expenses 46 incurred in the performance of their functions pursuant to this section. 47 A member of the commission may be removed by the appointing authority 48 only for good cause, after notice and opportunity to be heard. Vacancies 49 shall be filled in the same manner as original appointments. 50 3. Powers and duties of the commission. 51 a. The commission shall hold at least one public hearing in each of 52 the following regions: 53 i. Long Island; 54 ii. New York city; 55 iii. Hudson Valley; 56 iv. Capital district;A. 3656 3 1 v. North Country; 2 vi. Central New York; 3 vii. Finger Lakes; 4 viii. Western New York; 5 ix. Southern Tier. 6 b. During the public hearings, the commission shall hear the testimony 7 of voluntary witnesses, may compel the testimony of witnesses and may 8 require the production of any documents the commission deems reasonably 9 necessary to carry out its responsibilities. 10 c. After review, study, and receipt of public comment, the commission 11 shall issue a report and promulgate recommendations governing educa- 12 tional standards, curriculum, the implementation thereof, and testing in 13 the state of New York for grades pre-kindergarten through twelve. Recom- 14 mendations shall include information on, but shall not be limited to, 15 the following: 16 i. an analysis of the state standards and related curriculum existing 17 in the two thousand nine--two thousand ten school year; 18 ii. an analysis of the common core standards established in two thou- 19 sand ten by the national governors association center for best practices 20 and the council of chief state school officers; 21 iii. the New York state draft standards previously commissioned by the 22 New York state board of regents prior to their adoption of common core; 23 iv. an analysis of best practices, in light of the study and review of 24 prior state standards and those put forth by the national governors 25 association center for best practices and the council of chief state 26 school officers, related to educational standards and promoting college 27 and career readiness for pre-kindergarten through twelfth grade students 28 in New York state; 29 v. an analysis of age appropriate and developmentally appropriate 30 means of implementing and transitioning to new educational standards and 31 curriculums within the state; 32 vi. an analysis of the time and resources spent preparing for and 33 administering state-wide tests within the state, for each grade, in the 34 school years two thousand nine--two thousand ten, two thousand ten--two 35 thousand eleven, two thousand eleven--two thousand twelve, two thousand 36 twelve--two thousand thirteen, two thousand thirteen--two thousand four- 37 teen; 38 vii. an analysis of the data collected pursuant to subparagraph vi of 39 this paragraph and the impact that the time and resources allocated had 40 on the quality of instruction and emotional well-being of students in 41 the state; 42 viii. an analysis of the impact that a change in curriculum will have 43 on students who are absent from their regular classes for extended peri- 44 ods each week due to receiving special educational services, remedial 45 services, or students who have extended absences; 46 ix. an analysis of how the potential reinstatement of the common core 47 curriculum will impact the amount of time that students of various fami- 48 ly structures and socio-economic backgrounds spend doing homework; 49 x. an analysis as to the sufficiency of the common core modules and 50 any lesson plans provided to the schools by the department; 51 xi. a comparison of locally developed curriculums that were developed 52 in order to instruct on the common core standards and those that were 53 purchased from vendors, with a focus on quality, age appropriateness and 54 developmental appropriateness; 55 xii. a review of the percentage of schools that had fully implemented 56 the common core curriculum, those that had partially implemented theA. 3656 4 1 common core curriculum, and those that had not implemented any part of 2 the common core curriculum during the two thousand thirteen--two thou- 3 sand fourteen school year; 4 xiii. an analysis of whether or not instruction and testing on the 5 common core curriculum is developmentally appropriate for children with 6 individualized education plans and children with other learning disabil- 7 ities. 8 d. After concluding their study, the commission must take a vote on 9 whether or not they believe the common core curriculum should be contin- 10 ued or whether New York state should adopt a set of New York state stan- 11 dards and curriculum developed by educators working in the field and 12 designed to best suit the needs of the individual student. 13 e. The commission shall have the power to: 14 i. appoint a chairperson by a majority vote; 15 ii. call upon any agency, department, office, division or public 16 authority, or school district of this state to supply it with such 17 information and assistance as the commission deems necessary to 18 discharge its responsibilities. Each agency, department, office, divi- 19 sion or school district of this state shall cooperate with the commis- 20 sion and furnish such information and assistance as it requests to 21 accomplish its purposes; 22 iii. appoint a counsel and such other staff as the commission deems 23 reasonably necessary to carry out its responsibilities; 24 iv. contract with any state or private entity for the provision of 25 such services as the commission determines to be reasonably necessary; 26 and 27 v. take other actions not inconsistent with the purposes of this 28 section as shall enable the commission to carry out its functions. 29 f. Recommendations issued by the commission shall be decided by a 30 majority vote. Recommendations issued by the commission shall be 31 contained in a report to the governor and legislature. The report shall 32 be issued no later than January thirty-first, two thousand seventeen. 33 g. The commission is further empowered to appoint and impanel a 34 committee to develop a set of New York state educational standards as 35 described by paragraph d of this subdivision should they recommend doing 36 so at the conclusion of their review and study. 37 h. Meetings of the commission shall be subject to the open meetings 38 law established by article seven of the public officers law. 39 § 349-c. Suspension of common core testing. 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 issue a 42 common core state test as defined by subdivision three of section three 43 hundred forty-nine-a of this article. 44 § 349-d. Suspension of common core curriculum. Notwithstanding any 45 provision of law to the contrary, the department shall be prohibited 46 from requiring any school or school district in the state to implement a 47 common core curriculum as defined by subdivision two of section three 48 hundred forty-nine-a of this article. 49 § 349-e. Waiver from Race to the Top obligations related to common 50 core. The department shall be required, within thirty days of the 51 effective date of this article, to apply to the United States department 52 of education for any and all flexibility waivers including, but not 53 limited to, waivers to the Elementary and Secondary Education Act of 54 1965, as amended by the No Child Left Behind Act of 2001. Provided 55 however, in the event that the United States department of education 56 shall deny the flexibility waiver, or any portion thereof, such denialA. 3656 5 1 shall have no effect on the requirements and prohibitions provided in 2 this article. 3 § 2. This act shall take effect June 30, 2015 or on the thirtieth day 4 after it shall have become a law, whichever is later.