S T A T E O F N E W Y O R K
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3656
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
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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:
Section 1. The education law is amended by adding a new article 7-B to
read as follows:
ARTICLE 7-B
BLUE RIBBON COMMISSION ON 21ST CENTURY TESTING AND CURRICULUM
SECTION 349-A. DEFINITIONS.
349-B. BLUE RIBBON COMMISSION ON 21ST CENTURY TESTING AND
CURRICULUM.
349-C. SUSPENSION OF COMMON CORE TESTING.
349-D. SUSPENSION OF COMMON CORE CURRICULUM.
349-E. WAIVER FROM RACE TO THE TOP OBLIGATIONS RELATED TO COMMON
CORE.
S 349-A. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "COMMISSION" SHALL MEAN THE BLUE RIBBON COMMISSION ON 21ST CENTURY
TESTING AND CURRICULUM ESTABLISHED PURSUANT TO THIS ARTICLE.
2. "COMMON CORE CURRICULUM" SHALL MEAN ANY CURRICULUM DEVELOPED IN
FURTHERANCE OF THE COMMON CORE ACADEMIC STANDARDS DEVELOPED BY THE
NATIONAL GOVERNORS ASSOCIATION CENTER FOR BEST PRACTICES AND THE COUNCIL
OF CHIEF STATE SCHOOL OFFICERS, INCLUDING THOSE DESIGNED BY ANY COMMER-
CIAL ENTITY PURSUANT TO A CONTRACT WITH THE NEW YORK STATE DEPARTMENT OF
EDUCATION.
3. "COMMON CORE STATE TEST" SHALL MEAN ANY STATE OR CONSORTIUM
CREATED, DEVELOPED OR ADMINISTERED TEST GIVEN IN NEW YORK STATE TO
STUDENTS IN GRADES PRE-KINDERGARTEN THROUGH TWELVE THAT TESTS A
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.
LBD07575-02-5
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4. "CONSORTIUM" SHALL MEAN THE SMARTER BALANCED ASSESSMENT CONSORTIUM,
THE PARTNERSHIP FOR ASSESSMENT OF READINESS FOR COLLEGE AND CAREERS, OR
ANY OTHER ORGANIZATION, ENTITY, OR GROUP DEVELOPING STANDARDIZED TESTS
BASED OFF OF THE COMMON CORE CURRICULUM.
5. "NEW YORK STATE DRAFT STANDARDS" SHALL MEAN THE RESULTS OF THE NEW
YORK STATE BOARD OF REGENTS STANDARDS REVIEW INITIATIVE INCLUDING BUT
NOT LIMITED TO THE DRAFT STUDENT LEARNING STANDARDS FOR ENGLISH LANGUAGE
ARTS/ENGLISH AS A SECOND LANGUAGE.
S 349-B. BLUE RIBBON COMMISSION ON 21ST CENTURY TESTING AND CURRIC-
ULUM. 1. THERE IS HEREBY CREATED THE BLUE RIBBON COMMISSION ON 21ST
CENTURY TESTING AND CURRICULUM, WHICH SHALL CONSIST OF THE FOLLOWING
TWENTY-THREE MEMBERS WHO SHALL BE APPOINTED NO LESS THAN THIRTY DAYS
AFTER THE EFFECTIVE DATE OF THIS SECTION:
A. FIVE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE OF WHOM SHALL
BE THE COMMISSIONER;
B. TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
C. TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
D. TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE;
E. TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY;
F. THREE MEMBERS SHALL BE APPOINTED BY THE PRESIDENT OF NEW YORK STATE
UNITED TEACHERS, ONE OF WHOM MUST HAVE COMPLETED THEIR SPECIAL EDUCATION
CERTIFICATION AND ONE OF WHOM MUST PROVIDE INSTRUCTION TO ENGLISH AS A
SECOND LANGUAGE STUDENTS;
G. ONE MEMBER SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
SCHOOL ADMINISTRATORS ASSOCIATION OF NEW YORK STATE;
H. TWO MEMBERS SHALL BE APPOINTED BY THE PRESIDENT OF THE NEW YORK
STATE PARENT TEACHER ASSOCIATION, ONE OF WHOM MUST BE A PARENT OF A
STUDENT WITH A CURRENT INDIVIDUAL EDUCATION PLAN;
I. ONE MEMBER SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE NEW
YORK STATE COUNCIL OF SCHOOL SUPERINTENDENTS;
J. ONE MEMBER SHALL BE APPOINTED BY THE PRESIDENT OF THE NEW YORK
STATE SCHOOL BOARDS ASSOCIATION;
K. ONE MEMBER SHALL BE APPOINTED BY THE PRESIDENT OF THE NEW YORK
STATE ASSOCIATION OF INDEPENDENT SCHOOLS;
L. ONE MEMBER SHALL BE APPOINTED BY THE PRESIDENT OF THE NEW YORK
STATE ASSOCIATION OF SCHOOL PSYCHOLOGISTS. SUCH MEMBER SHALL HAVE EXPE-
RIENCE IN A CLINICAL SETTING.
2. NO MEMBER OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY
PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
OR EMPLOYMENT BY VIRTUE OF HIS OR HER APPOINTMENT PURSUANT TO THIS
SECTION. MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS PURSUANT TO THIS SECTION.
A MEMBER OF THE COMMISSION MAY BE REMOVED BY THE APPOINTING AUTHORITY
ONLY FOR GOOD CAUSE, AFTER NOTICE AND OPPORTUNITY TO BE HEARD. VACANCIES
SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
3. POWERS AND DUTIES OF THE COMMISSION.
A. THE COMMISSION SHALL HOLD AT LEAST ONE PUBLIC HEARING IN EACH OF
THE FOLLOWING REGIONS:
I. LONG ISLAND;
II. NEW YORK CITY;
III. HUDSON VALLEY;
IV. CAPITAL DISTRICT;
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V. NORTH COUNTRY;
VI. CENTRAL NEW YORK;
VII. FINGER LAKES;
VIII. WESTERN NEW YORK;
IX. SOUTHERN TIER.
B. DURING THE PUBLIC HEARINGS, THE COMMISSION SHALL HEAR THE TESTIMONY
OF VOLUNTARY WITNESSES, MAY COMPEL THE TESTIMONY OF WITNESSES AND MAY
REQUIRE THE PRODUCTION OF ANY DOCUMENTS THE COMMISSION DEEMS REASONABLY
NECESSARY TO CARRY OUT ITS RESPONSIBILITIES.
C. AFTER REVIEW, STUDY, AND RECEIPT OF PUBLIC COMMENT, THE COMMISSION
SHALL ISSUE A REPORT AND PROMULGATE RECOMMENDATIONS GOVERNING EDUCA-
TIONAL STANDARDS, CURRICULUM, THE IMPLEMENTATION THEREOF, AND TESTING IN
THE STATE OF NEW YORK FOR GRADES PRE-KINDERGARTEN THROUGH TWELVE. RECOM-
MENDATIONS SHALL INCLUDE INFORMATION ON, BUT SHALL NOT BE LIMITED TO,
THE FOLLOWING:
I. AN ANALYSIS OF THE STATE STANDARDS AND RELATED CURRICULUM EXISTING
IN THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR;
II. AN ANALYSIS OF THE COMMON CORE STANDARDS ESTABLISHED IN TWO THOU-
SAND TEN BY THE NATIONAL GOVERNORS ASSOCIATION CENTER FOR BEST PRACTICES
AND THE COUNCIL OF CHIEF STATE SCHOOL OFFICERS;
III. THE NEW YORK STATE DRAFT STANDARDS PREVIOUSLY COMMISSIONED BY THE
NEW YORK STATE BOARD OF REGENTS PRIOR TO THEIR ADOPTION OF COMMON CORE;
IV. AN ANALYSIS OF BEST PRACTICES, IN LIGHT OF THE STUDY AND REVIEW OF
PRIOR STATE STANDARDS AND THOSE PUT FORTH BY THE NATIONAL GOVERNORS
ASSOCIATION CENTER FOR BEST PRACTICES AND THE COUNCIL OF CHIEF STATE
SCHOOL OFFICERS, RELATED TO EDUCATIONAL STANDARDS AND PROMOTING COLLEGE
AND CAREER READINESS FOR PRE-KINDERGARTEN THROUGH TWELFTH GRADE STUDENTS
IN NEW YORK STATE;
V. AN ANALYSIS OF AGE APPROPRIATE AND DEVELOPMENTALLY APPROPRIATE
MEANS OF IMPLEMENTING AND TRANSITIONING TO NEW EDUCATIONAL STANDARDS AND
CURRICULUMS WITHIN THE STATE;
VI. AN ANALYSIS OF THE TIME AND RESOURCES SPENT PREPARING FOR AND
ADMINISTERING STATE-WIDE TESTS WITHIN THE STATE, FOR EACH GRADE, IN THE
SCHOOL YEARS TWO THOUSAND NINE--TWO THOUSAND TEN, TWO THOUSAND TEN--TWO
THOUSAND ELEVEN, TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE, TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN, TWO THOUSAND THIRTEEN--TWO THOUSAND FOUR-
TEEN;
VII. AN ANALYSIS OF THE DATA COLLECTED PURSUANT TO SUBPARAGRAPH VI OF
THIS PARAGRAPH AND THE IMPACT THAT THE TIME AND RESOURCES ALLOCATED HAD
ON THE QUALITY OF INSTRUCTION AND EMOTIONAL WELL-BEING OF STUDENTS IN
THE STATE;
VIII. AN ANALYSIS OF THE IMPACT THAT A CHANGE IN CURRICULUM WILL HAVE
ON STUDENTS WHO ARE ABSENT FROM THEIR REGULAR CLASSES FOR EXTENDED PERI-
ODS EACH WEEK DUE TO RECEIVING SPECIAL EDUCATIONAL SERVICES, REMEDIAL
SERVICES, OR STUDENTS WHO HAVE EXTENDED ABSENCES;
IX. AN ANALYSIS OF HOW THE POTENTIAL REINSTATEMENT OF THE COMMON CORE
CURRICULUM WILL IMPACT THE AMOUNT OF TIME THAT STUDENTS OF VARIOUS FAMI-
LY STRUCTURES AND SOCIO-ECONOMIC BACKGROUNDS SPEND DOING HOMEWORK;
X. AN ANALYSIS AS TO THE SUFFICIENCY OF THE COMMON CORE MODULES AND
ANY LESSON PLANS PROVIDED TO THE SCHOOLS BY THE DEPARTMENT;
XI. A COMPARISON OF LOCALLY DEVELOPED CURRICULUMS THAT WERE DEVELOPED
IN ORDER TO INSTRUCT ON THE COMMON CORE STANDARDS AND THOSE THAT WERE
PURCHASED FROM VENDORS, WITH A FOCUS ON QUALITY, AGE APPROPRIATENESS AND
DEVELOPMENTAL APPROPRIATENESS;
XII. A REVIEW OF THE PERCENTAGE OF SCHOOLS THAT HAD FULLY IMPLEMENTED
THE COMMON CORE CURRICULUM, THOSE THAT HAD PARTIALLY IMPLEMENTED THE
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COMMON CORE CURRICULUM, AND THOSE THAT HAD NOT IMPLEMENTED ANY PART OF
THE COMMON CORE CURRICULUM DURING THE TWO THOUSAND THIRTEEN--TWO THOU-
SAND FOURTEEN SCHOOL YEAR;
XIII. AN ANALYSIS OF WHETHER OR NOT INSTRUCTION AND TESTING ON THE
COMMON CORE CURRICULUM IS DEVELOPMENTALLY APPROPRIATE FOR CHILDREN WITH
INDIVIDUALIZED EDUCATION PLANS AND CHILDREN WITH OTHER LEARNING DISABIL-
ITIES.
D. AFTER CONCLUDING THEIR STUDY, THE COMMISSION MUST TAKE A VOTE ON
WHETHER OR NOT THEY BELIEVE THE COMMON CORE CURRICULUM SHOULD BE CONTIN-
UED OR WHETHER NEW YORK STATE SHOULD ADOPT A SET OF NEW YORK STATE STAN-
DARDS AND CURRICULUM DEVELOPED BY EDUCATORS WORKING IN THE FIELD AND
DESIGNED TO BEST SUIT THE NEEDS OF THE INDIVIDUAL STUDENT.
E. THE COMMISSION SHALL HAVE THE POWER TO:
I. APPOINT A CHAIRPERSON BY A MAJORITY VOTE;
II. CALL UPON ANY AGENCY, DEPARTMENT, OFFICE, DIVISION OR PUBLIC
AUTHORITY, OR SCHOOL DISTRICT OF THIS STATE TO SUPPLY IT WITH SUCH
INFORMATION AND ASSISTANCE AS THE COMMISSION DEEMS NECESSARY TO
DISCHARGE ITS RESPONSIBILITIES. EACH AGENCY, DEPARTMENT, OFFICE, DIVI-
SION OR SCHOOL DISTRICT OF THIS STATE SHALL COOPERATE WITH THE COMMIS-
SION AND FURNISH SUCH INFORMATION AND ASSISTANCE AS IT REQUESTS TO
ACCOMPLISH ITS PURPOSES;
III. APPOINT A COUNSEL AND SUCH OTHER STAFF AS THE COMMISSION DEEMS
REASONABLY NECESSARY TO CARRY OUT ITS RESPONSIBILITIES;
IV. CONTRACT WITH ANY STATE OR PRIVATE ENTITY FOR THE PROVISION OF
SUCH SERVICES AS THE COMMISSION DETERMINES TO BE REASONABLY NECESSARY;
AND
V. TAKE OTHER ACTIONS NOT INCONSISTENT WITH THE PURPOSES OF THIS
SECTION AS SHALL ENABLE THE COMMISSION TO CARRY OUT ITS FUNCTIONS.
F. RECOMMENDATIONS ISSUED BY THE COMMISSION SHALL BE DECIDED BY A
MAJORITY VOTE. RECOMMENDATIONS ISSUED BY THE COMMISSION SHALL BE
CONTAINED IN A REPORT TO THE GOVERNOR AND LEGISLATURE. THE REPORT SHALL
BE ISSUED NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
G. THE COMMISSION IS FURTHER EMPOWERED TO APPOINT AND IMPANEL A
COMMITTEE TO DEVELOP A SET OF NEW YORK STATE EDUCATIONAL STANDARDS AS
DESCRIBED BY PARAGRAPH D OF THIS SUBDIVISION SHOULD THEY RECOMMEND DOING
SO AT THE CONCLUSION OF THEIR REVIEW AND STUDY.
H. MEETINGS OF THE COMMISSION SHALL BE SUBJECT TO THE OPEN MEETINGS
LAW ESTABLISHED BY ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
S 349-C. SUSPENSION OF COMMON CORE TESTING. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT SHALL BE PROHIBITED
FROM REQUIRING ANY SCHOOL OR SCHOOL DISTRICT IN THE STATE TO ISSUE A
COMMON CORE STATE TEST AS DEFINED BY SUBDIVISION THREE OF SECTION THREE
HUNDRED FORTY-NINE-A OF THIS ARTICLE.
S 349-D. SUSPENSION OF COMMON CORE CURRICULUM. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT SHALL BE PROHIBITED
FROM REQUIRING ANY SCHOOL OR SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A
COMMON CORE CURRICULUM AS DEFINED BY SUBDIVISION TWO OF SECTION THREE
HUNDRED FORTY-NINE-A OF THIS ARTICLE.
S 349-E. WAIVER FROM RACE TO THE TOP OBLIGATIONS RELATED TO COMMON
CORE. THE DEPARTMENT SHALL BE REQUIRED, WITHIN THIRTY DAYS OF THE
EFFECTIVE DATE OF THIS ARTICLE, TO APPLY TO THE UNITED STATES DEPARTMENT
OF EDUCATION FOR ANY AND ALL FLEXIBILITY WAIVERS INCLUDING, BUT NOT
LIMITED TO, WAIVERS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965, AS AMENDED BY THE NO CHILD LEFT BEHIND ACT OF 2001. PROVIDED
HOWEVER, IN THE EVENT THAT THE UNITED STATES DEPARTMENT OF EDUCATION
SHALL DENY THE FLEXIBILITY WAIVER, OR ANY PORTION THEREOF, SUCH DENIAL
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SHALL HAVE NO EFFECT ON THE REQUIREMENTS AND PROHIBITIONS PROVIDED IN
THIS ARTICLE.
S 2. This act shall take effect June 30, 2015 or on the thirtieth day
after it shall have become a law, whichever is later.