Relates to truth in testing for the common core.
TITLE OF BILL: An act to amend the education law, in relation to truth in testing for the common core
The purpose of this bill is to ensure that new common core mandated state assessments are fair, unbiased, grade level appropriate and administered properly.
SUMMARY OF PROVISIONS:
Section 1: Section 1 amends the education law by adding a new article 7-B.
-Section 349-a of the bill provides the definitions to be used in this act.
-Section 349-b directs the commissioner to submit by July 1, 2014 a report to the executive and legislative branches regarding common core administered state tests, the appropriateness of the tests, the correlation between test scores and GPA, a statistical analysis of student performance, the effectiveness of the vendor used to administer the state tests, and whether that vendor should continue to be used, if another vendor should be used, or if New York should adopt the partnership for assessment readiness for college and careers (PARCC).
-Section 349-c directs the commissioner to have an independent audit of the common core program conducted. The audit shall commence no later than September 1, 2014 and the commissioner shall be required to deliver the results of the audit to the executive and legislative branches no later than December 15, 2014.
Section 2: Section 2 directs that this act shall take effect immediately, provided that any rules or regulations necessary for implementation of this act shall be promulgated and take effect 180 days after its enactment.
In 2010, the Board of Regents agreed that New York would be one of over forty states to adopt the Common Core state learning standards. In the 2012-2013 school year, New York began phasing in Common Core based-assessments that are tied to the new standards. While the Common Core standards are supported by a wide variety of educational groups, including the New York State Educational Conference Board, there has nevertheless been considerable debate as to the effectiveness and appropriateness of the new assessments that are tied to the standards. This legislation seeks to ensure that the new assessments being rolled out are fair, unbiased, grade level appropriate, and administered properly.
A similar bill was introduced in the 2013 legislative session (S. 5540-A / A. 7442-A).
To be determined.
This act shall take effect immediately, provided that any rules or regulations necessary for the implementation of this act shall be promulgated and take effect 180 days after its enactment
STATE OF NEW YORK ________________________________________________________________________ 6009 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 truth in testing for the common core 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 TRUTH IN TESTING FOR THE COMMON CORE SECTION 349-A. DEFINITIONS. 349-B REPORTING. 349-C INDEPENDENT AUDIT. S 349-A. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "TEST" OR "COMMON CORE STATE TEST" MEANS ANY STATE CREATED, DEVEL- OPED OR ADMINISTERED TEST GIVEN IN NEW YORK STATE TO STUDENTS IN ENGLISH LANGUAGE ARTS AND MATHEMATICS THAT TEST STUDENTS' KNOWLEDGE AND SKILLS RELATING TO COMMON CORE STANDARDS. 2. "COMMON CORE" MEANS THE NEW YORK STATE P-12 COMMON CORE LEARNING STANDARDS (CCLS) FOR ENGLISH LANGUAGE ARTS AND MATHEMATICS ON WHICH NEW YORK STATE COMMON CORE TESTS WILL BE BASED. 3. "COMMISSIONER" MEANS THE COMMISSIONER OF EDUCATION OF THE STATE OF NEW YORK. 4. "TEST SUBJECT" MEANS ANY INDIVIDUAL TO WHOM A TEST IS ADMINISTERED. 5. "TEST AGENCY" MEANS AN ORGANIZATION, ASSOCIATION, CORPORATION, PARTNERSHIP OR INDIVIDUAL THAT DEVELOPS, SPONSORS OR ADMINISTERS A TEST; PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL NOT BE INCLUDED WITHIN THE DEFINITION OF A TEST AGENCY FOR PURPOSES OF THIS ARTICLE. S 349-B. REPORTING. THE COMMISSIONER, BEGINNING JULY FIRST, TWO THOU- SAND FOURTEEN AND ANNUALLY THEREAFTER, SHALL REPORT TO THE GOVERNOR, THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13261-01-3 S. 6009 2
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF THE SENATE AND ASSEMBLY EDUCATION COMMITTEES ON: 1. THE EFFECTIVENESS OF COMMON CORE STATE TESTS IN ENHANCING STUDENT LEARNING AND PERFORMANCE; 2. THE FAIRNESS AND APPROPRIATENESS OF TEST ITEMS FOR EACH GRADE LEVEL, INCLUDING THE PERCENTAGE OF TEST ITEMS FOUND TO BE ABOVE GRADE LEVEL; 3. THE CORRELATION BETWEEN TEST SCORES AND GRADE POINT AVERAGES OF TEST SUBJECTS TAKING COMMON CORE STATE TESTS; 4. A STATISTICAL ANALYSIS OF STUDENT PERFORMANCE BASED ON SOCIOECONOM- IC, GENDER, RACE AND ETHNICITY, AND REGIONAL FACTORS; 5. THE EFFECTIVENESS OF THE TEST AGENCY AS THE TEST DEVELOPMENT VENDOR; AND 6. FACTORS TO BE CONSIDERED IN DETERMINING WHETHER TO CONTINUE WITH THE CURRENT TEST AGENCY, OR OTHER VENDOR AS A TEST AGENCY, OR WHETHER TO UTILIZE THE PARTNERSHIP FOR ASSESSMENT OF READINESS FOR COLLEGE AND CAREERS (PARCC). S 349-C. INDEPENDENT AUDIT. NOT LATER THAN SEPTEMBER FIRST, TWO THOU- SAND FOURTEEN, THE COMMISSIONER SHALL UNDERTAKE A COMPREHENSIVE INDE- PENDENT AUDIT PERFORMED BY AN INDEPENDENT CONTRACTOR, NOT AFFILIATED WITH A TEST AGENCY. SUCH CONTRACTOR SHALL HAVE A BACKGROUND AND EXPER- TISE IN EDUCATIONAL TESTING. THE AUDIT SHALL REVIEW AND EVALUATE THE COMMON CORE TESTING PROGRAM IN THE STATE. THE SCOPE OF THE AUDIT SHALL INCLUDE BUT NOT BE LIMITED TO TEST PREPARATION; WHETHER TESTS WERE FAIR, UNBIASED, PROPERLY PRE-TESTED AND GRADE APPROPRIATE, INCLUDING THE PERCENTAGE OF TEST ITEMS FOUND TO BE ABOVE GRADE LEVEL; AND WHETHER THE TEST WERE PROPERLY ADMINISTERED AND SCORED. SUCH AUDIT SHALL BE COMPLETED BY DECEMBER FIFTEENTH, TWO THOUSAND FOURTEEN, AND A COPY SHALL BE TRANSMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF THE SENATE AND ASSEMBLY EDUCATION COMMITTEES. S 2. This act shall take effect immediately; provided, however, that effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act shall be made within 180 days of such effective date.