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. | |
A08929 Actions:
| BILL NO | A08929 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 02/28/2014 | referred to education | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/04/2014 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/04/2014 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/05/2014 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/05/2014 | rules report cal.23 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/05/2014 | ordered to third reading rules cal.23 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/05/2014 | motion to amend lost | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/05/2014 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/05/2014 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/05/2014 | REFERRED TO EDUCATION | |||||||||||||||||||||||||||||||||||||||||||||||||
A08929 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
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.
A08929 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 8929 IN ASSEMBLY February 28, 2014 ___________ Introduced by M. of A. NOLAN, 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 -- Multi-Sponsored by -- M. of A. ABBATE, BRENNAN, BRINDISI, BRONSON, CAHILL, CLARK, COOK, CRESPO, DAVILA, DenDEKKER, DINOWITZ, ENGLEBRIGHT, FARRELL, HEASTIE, HENNESSEY, HEVESI, HOOPER, KIM, LAVINE, LENTOL, LUPARDO, MAGEE, MARKEY, MAYER, McDONALD, MOYA, O'DONNELL, OTIS, PICHARDO, RODRIGUEZ, SANTABARBARA, SKARTADOS, SKOUFIS, SWEENEY, TITONE, WEINSTEIN, WEISENBERG, ZEBROWSKI -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to reforms in common core The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3012-c of the education law is amended by adding a 2 new subdivision 2-a to read as follows: 3 2-a. Notwithstanding any other provision of this section to the 4 contrary, for the two thousand thirteen--two thousand fourteen and two 5 thousand fourteen--two thousand fifteen school years, a classroom teach- 6 er's or building principal's (i) state assessments and other comparable 7 measures subcomponent score or (ii) locally selected measures of student 8 achievement subcomponent score shall not be considered when calculating 9 such teacher's or principal's composite effectiveness score if such 10 subcomponent score or scores were based in whole or in part on a state 11 administered standardized English language arts and/or math assessments 12 aligned to the common core learning standards adopted by the board of 13 regents; provided that in such cases, the composite effectiveness score 14 of such teacher or principal shall be calculated by dividing such teach- 15 er's or principal's subcomponent score or scores that are not excluded 16 by this subdivision by the maximum number of allowable points consistent 17 with this subdivision and multiplying such figure by one hundred. 18 § 2. In order to effectuate the provisions of section one of this act, 19 the commissioner of education is hereby authorized and directed to apply 20 for and obtain any federal approvals or waivers he or she deems neces- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14087-14-4A. 8929 2 1 sary including, but not limited to, waivers to the Elementary and 2 Secondary Education Act of 1965, as amended by the No Child Left Behind 3 Act of 2001. 4 § 3. Section 305 of the education law is amended by adding four new 5 subdivisions 44, 45, 46 and 47 to read as follows: 6 44. The commissioner shall provide that no school district shall make 7 any student promotion or placement decisions based solely or primarily 8 on student performance on the state administered standardized English 9 language arts and mathematics assessments for grades three through 10 eight. However, school districts may consider student performance on 11 such state assessments when making student promotion or placement deci- 12 sions provided that the school district use multiple measures in addi- 13 tion to such assessments. In addition, the commissioner shall require 14 every school district to annually notify the parents and persons in 15 parental relation to the students attending such district of the 16 district's grade promotion and placement policy along with an explana- 17 tion of how such policy was developed. Such notification may be provided 18 on the school district's website, if one exists, or as part of an exist- 19 ing informational document that is provided to parents and persons in 20 parental relation. 21 45. The commissioner shall provide that no school district or board of 22 cooperative educational services may report, place, or include on a 23 student's permanent record or transcript any student score on a state 24 administered standardized English language arts and mathematics assess- 25 ment for grades three through eight. In addition, he or she shall 26 provide that no school district may submit, for any purpose, student 27 scores on such assessments as part of an official transcript to any 28 entity except to the department or to parents or persons in parental 29 relation to the student. 30 46. The commissioner shall take actions to reduce field tests for 31 students taking the state administered standardized English language 32 arts and mathematics assessments for grades three through eight and take 33 actions to provide and make available to classroom teachers and school 34 districts significantly more sample test questions of such assessments; 35 such actions shall include, but not be limited to, the procurement, 36 production, or printing of at a minimum twenty different test forms for 37 each such assessment. 38 47. The commissioner shall, in order to assist school districts and 39 boards of cooperative educational services in developing a common core 40 training program for teachers and principals pursuant to section three 41 thousand thirty-six of this chapter, develop professional development 42 tools, resources and materials that school districts, boards of cooper- 43 ative educational services, teachers and principals may utilize. Such 44 tools, resources and materials shall be developed in consultation with 45 teachers, principals and other stakeholders who the commissioner deems 46 necessary and shall be developed in a manner that will assist teachers 47 and principals in advancing their professional development and teaching 48 skills related to the common core learning standards adopted by the 49 board of regents. In addition, such tools, resources and materials shall 50 be developed by the department for every mandatory subject and grade 51 level for which the board of regents has adopted the common core learn- 52 ing standards and shall be available by July first, two thousand four- 53 teen. 54 § 4. In order to implement the provisions of subdivision 46 of section 55 305 of the education law, as added by section three of this act, relat- 56 ing to reducing field tests for students and providing more sample testsA. 8929 3 1 for teachers and school districts, the commissioner of education shall 2 use a portion of the $348,323,000 grant funds received from the United 3 States Secretary of Education under the state fiscal stabilization fund 4 of the American Recovery and Reinvestment Act of 2009. 5 § 5. Paragraph k of subdivision 2 of section 3012-c of the education 6 law, as added by chapter 21 of the laws of 2012, is amended to read as 7 follows: 8 k. Notwithstanding any other provision of law, rule or regulation to 9 the contrary, by July first, two thousand twelve, the governing body of 10 each school district and board of cooperative educational services shall 11 adopt a plan, on a form prescribed by the commissioner, for the annual 12 professional performance review of all of its classroom teachers and 13 building principals in accordance with the requirements of this section 14 and the regulations of the commissioner, and shall submit such plan to 15 the commissioner for approval. The plan may be an annual or multi-year 16 plan, for the annual professional performance review of all of its 17 classroom teachers and building principals. The commissioner shall 18 approve or reject the plan by September first, two thousand twelve, or 19 as soon as practicable thereafter. The commissioner shall reject any 20 annual professional performance review plans that provide for the admin- 21 istration of standardized state assessments, or vendor or third party 22 developed assessments or other comparable standardized assessments to 23 students in grades kindergarten through second grade that are not being 24 used for diagnostic purposes or are otherwise required to be adminis- 25 tered by federal law. The commissioner may also reject a plan that does 26 not rigorously adhere to the provisions of this section and the regu- 27 lations of the commissioner. Should any plan be rejected, the commis- 28 sioner shall describe each deficiency in the submitted plan and direct 29 that each such deficiency be resolved through collective bargaining to 30 the extent required under article fourteen of the civil service law. If 31 any material changes are made to the plan, the school district or board 32 of cooperative educational services must submit the material changes, on 33 a form prescribed by the commissioner, to the commissioner for approval. 34 To the extent that by July first, two thousand twelve, or by July first 35 of any subsequent year, if all the terms of the plan have not been 36 finalized as a result of unresolved collective bargaining negotiations, 37 the entire plan shall be submitted to the commissioner upon resolution 38 of all of its terms, consistent with article fourteen of the civil 39 service law. 40 § 6. Subdivision 2 of section 3012-c of the education law is amended 41 by adding a new paragraph k-1 to read as follows: 42 k-1. Notwithstanding any other provision of this section to the 43 contrary, no annual professional performance plan shall provide for the 44 administration of standardized state assessments or third party assess- 45 ments, to students in kindergarten through grade two that are not being 46 used for diagnostic purposes or are required to be administered by 47 federal law; except that nothing in this subdivision shall preclude the 48 use of school-wide measures using either state assessments or department 49 approved assessments that are administered to students in higher grades 50 in the school, if otherwise allowed under this section or the regu- 51 lations of the commissioner. For purposes of this section, the only 52 allowable assessments to be administered to students in kindergarten 53 through grade two shall be locally developed assessments or assessments 54 used for diagnostic purposes or that are otherwise required to be admin- 55 istered by federal law. For purposes of this section, "locally developed 56 assessments" shall mean district, BOCES or regionally developed assess-A. 8929 4 1 ments that are rigorous and comparable across classrooms and may include 2 locally developed performance assessments. 3 § 7. The opening paragraph of subparagraph 2 of paragraph f of subdi- 4 vision 2 of section 3012-c of the education law, as amended by chapter 5 21 of the laws of 2012, is amended to read as follows: 6 One or more of the following types of locally selected measures of 7 student achievement or growth may be used for the evaluation of class- 8 room teachers, provided that no such measures shall include scores from 9 students in kindergarten through second grade on state assessments or 10 other department approved standardized student assessments, except 11 scores on locally developed assessments as defined in paragraph k-1 of 12 this subdivision: 13 § 8. The opening paragraph of subparagraph 2 of paragraph g of subdi- 14 vision 2 of section 3012-c of the education law, as amended by chapter 15 21 of the laws of 2012, is amended to read as follows: 16 One or more of the following types of locally selected measures of 17 student achievement or growth may be used for the evaluation of class- 18 room teachers, provided that no such measures shall include scores from 19 students in kindergarten through second grade on state assessments or 20 other standardized student assessments, except scores on locally devel- 21 oped assessments as defined in paragraph k-1 of this subdivision: 22 § 9. Subdivision 15 of section 3602-e of the education law, as amended 23 by section 19 of part B of chapter 57 of the laws of 2007, is amended to 24 read as follows: 25 15. The commissioner shall also provide for a system for evaluation 26 and assessment of the prekindergarten programs which have been imple- 27 mented to determine the short and long-term success, outcomes and 28 effects of the programs based on relevant and measurable performance 29 standards. The commissioner shall prohibit the administration of state 30 administered standardized student assessments in universal, school 31 district sponsored or school district-run prekindergarten programs, and 32 such prekindergarten programs shall not administer any vendor or third 33 party developed standardized student assessments, or other comparable 34 standardized student assessments to students enrolled in such prekinder- 35 garten that are not being used for a diagnostic purpose. 36 § 10. Subdivision 2 of section 3012-c of the education law is amended 37 by adding a new paragraph k-2 to read as follows: 38 k-2. (1) Notwithstanding any other provision of this section to the 39 contrary, if material changes are submitted for an approved plan pursu- 40 ant to paragraph k of this subdivision that solely relate to the elimi- 41 nation of unnecessary student assessments, the commissioner shall expe- 42 dite his or her review of such material changes and solely review those 43 sections of the plan that relate to the eliminated student assessments 44 to ensure compliance with this section and the regulations of the 45 commissioner, provided that the governing body of such school district 46 or board of cooperative educational services provide a written explana- 47 tion of the material changes submitted for approval, on a form 48 prescribed by the commissioner, and certify that no other material 49 changes have been made to any other sections of the currently approved 50 plan. 51 (2) The commissioner shall provide guidance and advice to every school 52 district and board of cooperative educational services in order to 53 assist school districts and boards of cooperative educational services 54 to reduce and eliminate traditional standardized student assessments 55 that are not necessary to comply with this section. Such guidance andA. 8929 5 1 advice shall be provided no later than July first, two thousand four- 2 teen. 3 § 11. The education law is amended by adding a new section 3036 to 4 read as follows: 5 § 3036. Common core training program. School districts and boards of 6 cooperative educational services shall consider the adoption and imple- 7 mentation of a common core training program for teachers and principals. 8 Such program may be part of a school district's or board of cooperative 9 educational services' professional development plan. Such program shall 10 be developed in consultation with teachers, principals, and the depart- 11 ment; such program shall be designed to, and include measures and 12 actions to, assist teachers and principals with professional development 13 and teaching skills related to the common core learning standards 14 adopted by the board of regents. 15 § 12. 1. Prior to July 1, 2015, the commissioner of education and the 16 state education department are hereby prohibited from providing any 17 personally identifiable information or de-identifiable student informa- 18 tion to any third party vendor pursuant to any contract or memorandum of 19 understanding for the purpose of collecting, storing and/or organizing 20 student data or information in order to provide access to such data or 21 information to third party vendors operating data dashboard solutions. 22 2. Definitions. As used in this section the following terms shall have 23 the following meanings: 24 a. "Third party vendor" shall mean any person or entity other than a 25 school district, board of cooperative educational services (BOCES), 26 institutions providing higher education as such term is defined in 27 subdivision 8 of section 2 of the education law or the state education 28 department. 29 b. "Data dashboard solutions" shall mean third-party electronic data 30 system or hosted software application or applications designed to 31 provide educators, students and their families with timely and relevant 32 student data and information that support instruction and student learn- 33 ing and is part of an educational data portal, which the state education 34 department, BOCES, school districts, students and/or their families 35 participate in. 36 c. "Personally identifiable information" shall have the same meaning 37 as such term is defined in section 99.3 of title 34 of the code of 38 federal regulations implementing the Family Education Rights and Privacy 39 Act, as such federal law and regulations are from time to time amended. 40 d. "De-identifiable student information" shall mean a collection of 41 data or information that has been altered with the goal of making the 42 student or students associated with such data or information permanently 43 unknowable. 44 § 13. The education law is amended by adding a new section 2-c to read 45 as follows: 46 § 2-c. Release of personally identifiable information. 1. Defi- 47 nitions. As used in this section the following terms shall have the 48 following meanings: 49 a. "Personally identifiable information" shall have the same meaning 50 as such term is defined in section 99.3 of title 34 of the code of 51 federal regulations implementing the Family Education Rights and Privacy 52 Act, as such federal law and regulations are from time to time amended. 53 b. "Biometric record" shall have the same meaning as such term is 54 defined in section 99.3 of title 34 of the code of federal regulations 55 implementing the Family Education Rights and Privacy Act, as such feder- 56 al law and regulations are from time to time amended.A. 8929 6 1 c. "School" shall mean any public elementary or secondary school, 2 board of cooperative educational services, charter school, special act 3 school district, public school kindergarten program, universal pre-kin- 4 dergarten programs authorized pursuant to section thirty-six hundred 5 two-e of this chapter, publicly funded pre-kindergarten programs, 6 approved preschool special education programs pursuant to section 7 forty-four hundred ten of this chapter, approved private school for the 8 education of students with disabilities and a state supported school 9 subject to the provisions of article eighty-seven or eighty-eight of 10 this chapter. 11 d. "Student" shall mean any person attending a school identified in 12 paragraph c of this subdivision. 13 e. "Third party" shall mean any person or entity other than a school 14 district or board of cooperative educational services, institution of 15 higher education, school as defined in paragraph c of this subdivision 16 or the department. 17 2. A parent of a student, a person in parental relation to a student, 18 or a student eighteen years of age or older may request that such 19 student's personally identifiable information and/or such student's 20 biometric record not be disclosed to any third party. The department 21 and/or any school that receives such request shall be prohibited from 22 disclosing such information to any third party unless such disclosure is 23 required by law, pursuant to a court order or subpoena, for the purpose 24 of a state or federal audit or evaluation to authorized representatives 25 of entities identified in section 99.31 (a)(3) of title 34 of the code 26 of federal regulations implementing the Family Education Rights and 27 Privacy Act, or is necessary due to a health or safety emergency. 28 3. The department shall develop a form that shall be used for requests 29 made pursuant to subdivision two of this section. Such form shall be 30 made publicly available and shall allow such individuals the option to 31 opt-out of disclosure of personally identifiable information and biome- 32 tric records to any third party or to certain types of third parties. 33 The department is authorized to identify a list of types of third 34 parties that individuals may opt-out of disclosure of such information 35 and records and such individuals may opt-out of disclosure of such 36 information and records to any type and/or all of the listed third 37 parties. Such list developed by the department shall not require the 38 names of such third parties to be listed. Such list may identify the 39 types of services such third parties provide. 40 4. The provisions of this section shall not apply to the sharing of 41 personally identifiable information and biometric records by charter 42 schools to a not-for-profit corporation or a for-profit business or 43 corporate entity that the charter school was formed in conjunction with. 44 5. Schools and the department may not under any circumstance disclose 45 personally identifiable information or biometric records to any third 46 party unless such third party has agreed in writing to: 47 a. provide the department or the contracting school with a breach 48 remediation plan acceptable to the department or the school; 49 b. report all suspected security breaches to the department or 50 contracting school as soon as possible but not later than forty-eight 51 hours after such suspected breach was known or would have been known by 52 exercising reasonable due diligence; and 53 c. report all actual security breaches to the department or contract- 54 ing school as soon as possible, but not later than twenty-four hours 55 after such actual breach was known or would have been known by exercis- 56 ing reasonable due diligence.A. 8929 7 1 § 14. 1. The commissioner of education shall evaluate the effective- 2 ness of the implementation of the common core learning standards as 3 adopted by the board of regents on the education of students with disa- 4 bilities, English language learners and students with limited English 5 proficiency. Such study shall evaluate whether the support services and 6 instruction specifically created for the education of students with 7 disabilities, English language learners and students with limited 8 English proficiency are maintained with the adoption of the common core 9 learning standards. The commissioner of education shall also study 10 whether school districts are providing the testing accommodations speci- 11 fied in individualized education programs, section 504 plans pursuant to 12 the federal rehabilitation act of 1973 or any other official document 13 for a student that prescribes required testing accommodations. The 14 commissioner of education shall consult with stakeholders through the 15 commissioner of education's advisory panel for special education 16 services and English language learners stakeholders groups. 17 2. Upon completion of the study pursuant to subdivision 1 of this 18 section, the commissioner of education shall report the results of such 19 study to the governor, the temporary president of the senate, the speak- 20 er of the assembly, and the chairs of the senate and assembly committees 21 on education on or before December 1, 2014. 22 § 15. The commissioner of education is authorized to and shall promul- 23 gate any and all rules and regulations and take any other measures 24 necessary to implement the provisions of this act. 25 § 16. This act shall take effect immediately, provided that: 26 1. Subdivision 44 of section 305 of the education law as added by 27 section three of this act shall take effect July 1, 2014; 28 2. Section one of this act shall expire and be deemed repealed if any 29 necessary federal approvals or waivers relating to section one and 30 section two of this act have been denied provided that the commissioner 31 of education shall notify the legislative bill drafting commission upon 32 such occurrence in order that the commission may maintain an accurate 33 and timely effective data base of the official text of the laws of the 34 state of New York in furtherance of effectuating the provisions of 35 section 44 of the legislative law and section 70-b of the public offi- 36 cers law; 37 3. The provisions of sections five, six, seven and eight of this act 38 shall not apply to any annual professional performance review agreement 39 entered into pursuant to a collective bargaining agreement prior to the 40 effective date of such sections, which shall remain in effect in accord- 41 ance with paragraph l of subdivision 2 of section 3012-c of the educa- 42 tion law until a subsequent plan is agreed to by the parties and 43 approved by the commissioner of education in accordance with section 44 3012-c of the education law; 45 4. The provisions of section eleven of this act shall take effect 46 August 1, 2014; and 47 5. The provisions of section thirteen of this act shall take effect on 48 the ninetieth day after it shall have become a law.