Bill S6008-2013

Relates to annual professional performance review agreements

Relates to annual professional performance review agreements.

Details

Actions

  • Jun 20, 2014: RECOMMITTED TO RULES
  • Jan 23, 2014: ADVANCED TO THIRD READING
  • Jan 22, 2014: 2ND REPORT CAL.
  • Jan 14, 2014: 1ST REPORT CAL.29
  • Jan 9, 2014: COMMITTEE DISCHARGED AND COMMITTED TO EDUCATION
  • Jan 8, 2014: REFERRED TO RULES
  • Dec 11, 2013: REFERRED TO RULES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Education - Jan 14, 2014
Ayes (18): Flanagan, Farley, Lanza, Little, Marcellino, Maziarz, Ranzenhofer, Robach, Seward, Valesky, Martins, Latimer, Addabbo, Avella, Breslin, Montgomery, Stavisky, Tkaczyk
Ayes W/R (1): LaValle

Memo

BILL NUMBER:S6008

TITLE OF BILL: An act to amend the education law, in relation to annual professional performance review agreements

PURPOSE:

This bill prohibits administering standardized tests to students in prekindergarten through grade two, unless it is used for a diagnostic purpose or required by federal law and prohibits the inclusion of standardized test scores from students in kindergarten through grade two for the evaluation of classroom teachers, unless it is a locally developed assessment.

SUMMARY OF PROVISIONS:

Section 1 amends paragraph k of subdivision 2 of section 3012-c of the education law directing the Commissioner to reject any annual professional performance review plan that provides for the administration of standardized assessments to students in grades kindergarten through second grade that are not being used for diagnostic purposes or required by federal law.

Section 2 amends subdivision 2 of section 3012-c of the education law is amended by adding a new paragraph k-1 to provide that nothing in this section precludes the use of school-wide measures using state or department approved assessments that are administered in higher grades if otherwise allowed.

Provides the only allowable assessments for kindergarten through grade two shall be locally developed assessments or assessments used for diagnostic purposes or required by federal law and defines locally developed assessments as district, BOCES, or regionally developed assessments that are rigorous and comparable across classrooms and shall not include assessments developed by any third party or other comparable entity.

Section 3 amends subdivision 15 of section 3602-e of the education law to prohibit state developed standardized assessments, any vendor or third party developed assessments or other comparable standardized assessments to students in prekindergarten, unless used for a diagnostic purpose.

Section 4 amends subparagraph 2 of paragraph f of subdivision 2 of section 3012-c prohibiting the use of scores from students in kindergarten through second grade on state or department approved assessments for the evaluation of classroom teachers, and provides an exception for the use of locally developed assessments.

Section 5 amends subparagraph 2 of paragraph g of subdivision 2 of section 3012-c prohibiting the use of scores from students in kindergarten through second grade on state or department approved assessments for the evaluation of classroom teachers, and provides an exception for the use of locally developed assessments.

Section 6 sets an immediate effective date and shall not apply to annual performance review plans agreed to by the parties and approved

by the commissioner prior to the effective date of this act and shall only apply to plans agreed to and approved after this act takes effect.

JUSTIFICATION:

This measure prohibits the administering of standardized tests to students in prekindergarten through grade two unless it serves a diagnostic purpose or is required by federal law and directs the Commissioner of Education to reject any Annual Professional Performance Review (APPR) plan which utilizes standardized or so-called "bubble" tests as a standard of measurement for student's growth in kindergarten through 2nd Grade.

Given their age, skills and abilities, it is unreasonable and inappropriate to administer standardized tests to students in prekindergarten through grade two, unless it is necessary for diagnostic screening. The emphasis on testing in such early grades has met with widespread criticism and concern from parents, educators and administrators as an ineffective and unsuitable tool for assessing a young student's progress in school. Not only are the tests viewed as developmentally inappropriate, but they also present physical challenges for some children who are still developing fine motor skills, where holding and using a pencil can present difficulties, creating both frustration and challenges for young students.

The State Board of Regents has had a long-standing policy against administering standardized test to the youngest children and has issued a statement strongly recommending against the use of bubble tests and other standardized tests for children in Pre-K through 2nd Grade.

As APPR plans are locally collectively bargained, this bill would ensure that any future agreement reached between school districts and their bargaining units, identify measures other than standardized tests for kindergarten through Grade 2 students, as a means to assess learning progress and for the evaluation of classroom teachers.

It is critical that age-appropriate measures are utilized to ensure that children are not subjected to a learning environment that is heavily focused on testing, particularly in the early years of schooling.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Potential savings to local school districts resulting from the reduction in administering standardized tests.

EFFECTIVE DATE:

Immediately, provided it shall not apply to any annual professional performance review plan entered into prior the effective date of this act.


Text

STATE OF NEW YORK ________________________________________________________________________ 6008 2013-2014 Regular Sessions IN SENATE December 11, 2013 ___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law, in relation to annual professional performance review agreements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph k of subdivision 2 of section 3012-c of the education law, as added by chapter chapter 21 of the laws of 2012, is amended to read as follows: k. Notwithstanding any other provision of law, rule or regulation to the contrary, by July first, two thousand twelve, the governing body of each school district and board of cooperative educational services shall adopt a plan, on a form prescribed by the commissioner, for the annual professional performance review of all of its classroom teachers and building principals in accordance with the requirements of this section and the regulations of the commissioner, and shall submit such plan to the commissioner for approval. The plan may be an annual or multi-year plan, for the annual professional performance review of all of its classroom teachers and building principals. The commissioner shall approve or reject the plan by September first, two thousand twelve, or as soon as practicable thereafter. THE COMMISSIONER SHALL REJECT ANY ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLANS THAT PROVIDE FOR THE ADMIN- ISTRATION OF STANDARDIZED STATE ASSESSMENTS, OR VENDOR OR THIRD PARTY DEVELOPED ASSESSMENTS OR OTHER COMPARABLE STANDARDIZED ASSESSMENTS TO STUDENTS IN GRADES KINDERGARTEN THROUGH SECOND GRADE THAT ARE NOT BEING USED FOR DIAGNOSTIC PURPOSES OR ARE OTHERWISE REQUIRED TO BE ADMINIS- TERED BY FEDERAL LAW. The commissioner may ALSO reject a plan that does not rigorously adhere to the provisions of this section and the regu- lations of the commissioner. Should any plan be rejected, the commis- sioner shall describe each deficiency in the submitted plan and direct that each such deficiency be resolved through collective bargaining to
the extent required under article fourteen of the civil service law. If any material changes are made to the plan, the school district or board of cooperative educational services must submit the material changes, on a form prescribed by the commissioner, to the commissioner for approval. To the extent that by July first, two thousand twelve, or by July first of any subsequent year, if all the terms of the plan have not been finalized as a result of unresolved collective bargaining negotiations, the entire plan shall be submitted to the commissioner upon resolution of all of its terms, consistent with article fourteen of the civil service law. S 2. Subdivision 2 of section 3012-c of the education law is amended by adding a new paragraph k-1 to read as follows: K-1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRARY, NO ANNUAL PROFESSIONAL PERFORMANCE PLAN UNDER THIS SECTION SHALL PROVIDE FOR THE ADMINISTRATION OF STANDARDIZED STATE ASSESSMENTS OR THIRD PARTY ASSESSMENTS, TO STUDENTS IN KINDERGARTEN THROUGH GRADE TWO THAT ARE NOT BEING USED FOR DIAGNOSTIC PURPOSES OR ARE REQUIRED TO BE ADMINISTERED BY FEDERAL LAW; EXCEPT THAT NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE USE OF SCHOOL-WIDE MEASURES USING EITHER STATE ASSESSMENTS OR DEPARTMENT APPROVED ASSESSMENTS THAT ARE ADMINISTERED TO STUDENTS IN HIGHER GRADES IN THE SCHOOL, IF OTHERWISE ALLOWED UNDER THIS SECTION OR THE REGULATIONS OF THE COMMISSIONER. FOR PURPOSES OF THIS SECTION, THE ONLY ALLOWABLE ASSESSMENTS TO BE ADMINISTERED TO STUDENTS IN KINDERGARTEN THROUGH GRADE TWO SHALL BE LOCALLY DEVELOPED ASSESSMENTS OR ASSESSMENTS USED FOR DIAGNOSTIC PURPOSES OR THAT ARE OTHERWISE REQUIRED TO BE ADMINISTERED BY FEDERAL LAW. FOR PURPOSES OF THIS SECTION, "LOCALLY DEVELOPED ASSESSMENTS" SHALL MEAN DISTRICT, BOCES OR REGIONALLY DEVELOPED ASSESSMENTS THAT ARE RIGOROUS AND COMPARABLE ACROSS CLASSROOMS AND MAY INCLUDE LOCALLY DEVELOPED PERFORMANCE ASSESSMENTS. LOCALLY DEVELOPED ASSESSMENTS SHALL NOT INCLUDE ASSESSMENTS DEVELOPED BY ANY VENDOR, THIRD PARTY OR OTHER COMPARABLE ENTITY. S 3. Subdivision 15 of section 3602-e of the education law, as amended by section 19 of part B of chapter 57 of the laws of 2007, is amended to read as follows: 15. The commissioner shall also provide for a system for evaluation and assessment of the prekindergarten programs which have been imple- mented to determine the short and long-term success, outcomes and effects of the programs based on relevant and measurable performance standards. THE COMMISSIONER SHALL PROHIBIT THE ADMINISTRATION OF STATE DEVELOPED STANDARDIZED STUDENT ASSESSMENTS IN PREKINDERGARTEN PROGRAMS AND PREKINDERGARTEN PROGRAMS SHALL NOT ADMINISTER ANY VENDOR OR THIRD PARTY DEVELOPED STANDARDIZED STUDENT ASSESSMENTS, OR OTHER COMPARABLE STANDARDIZED STUDENT ASSESSMENTS TO STUDENTS ENROLLED IN PREKINDERGARTEN THAT ARE NOT BEING USED FOR A DIAGNOSTIC PURPOSE. S 4. The opening paragraph of subparagraph 2 of paragraph f of subdi- vision 2 of section 3012-c of the education law, as amended by chapter 21 of the laws of 2012, is amended to read as follows: One or more of the following types of locally selected measures of student achievement or growth may be used for the evaluation of class- room teachers, PROVIDED THAT NO SUCH MEASURES SHALL INCLUDE SCORES FROM STUDENTS IN KINDERGARTEN THROUGH SECOND GRADE ON STATE ASSESSMENTS OR OTHER DEPARTMENT APPROVED STANDARDIZED STUDENT ASSESSMENTS, EXCEPT SCORES ON LOCALLY DEVELOPED ASSESSMENTS AS DEFINED IN PARAGRAPH K-1 OF THIS SECTION:
S 5. The opening paragraph of subparagraph 2 of paragraph g of subdi- vision 2 of section 3012-c of the education law, as amended by chapter 21 of the laws of 2012, is amended to read as follows: One or more of the following types of locally selected measures of student achievement or growth may be used for the evaluation of class- room teachers, PROVIDED THAT NO SUCH MEASURES SHALL INCLUDE SCORES FROM STUDENTS IN KINDERGARTEN THROUGH SECOND GRADE ON STATE ASSESSMENTS OR OTHER STANDARDIZED STUDENT ASSESSMENTS, EXCEPT SCORES ON LOCALLY DEVEL- OPED ASSESSMENTS AS DEFINED IN PARAGRAPH K-1 OF THIS SECTION: S 6. This act shall take effect immediately; provided that the commis- sioner of education is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date; and provided further that the provisions of this act shall not apply to any annual professional performance review agree- ment entered into pursuant to a collective bargaining agreement prior to the effective date of this act, which shall remain in effect in accord- ance with paragraph 1 of section three thousand twelve-c of the educa- tion law until a subsequent plan is agreed to by the parties and approved by the commissioner in accordance with section three thousand twelve-c of the education law.

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