Senate Bill S6604A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6604--A

                            I N  S E N A T E

                            February 12, 2014
                               ___________

Introduced  by Sens. ZELDIN, AVELLA, BALL, BOYLE, DILAN, FARLEY, GRIFFO,
  LATIMER, MARCHIONE, MAZIARZ, ROBACH, YOUNG -- read twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Educa-
  tion -- committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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.
  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.
  4. "CONSORTIUM" SHALL MEAN THE SMARTER BALANCED ASSESSMENT CONSORTIUM,
THE PARTNERSHIP FOR ASSESSMENT OF READINESS FOR COLLEGE AND CAREERS,  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13090-09-4
              

S. 6604--A                          2

ANY  OTHER  ORGANIZATION, ENTITY, OR GROUP DEVELOPING STANDARDIZED TESTS
BASED OFF OF THE COMMON CORE CURRICULUM.
  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;
  V. NORTH COUNTRY;
  VI. CENTRAL NEW YORK;
  VII. FINGER LAKES;
  VIII. WESTERN NEW YORK;
  IX. SOUTHERN TIER.

S. 6604--A                          3

  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. 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;
  IV. AN ANALYSIS OF AGE  APPROPRIATE  AND  DEVELOPMENTALLY  APPROPRIATE
MEANS OF IMPLEMENTING AND TRANSITIONING TO NEW EDUCATIONAL STANDARDS AND
CURRICULUMS WITHIN THE STATE;
  V.  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;
  VI.  AN  ANALYSIS  OF THE DATA COLLECTED PURSUANT TO SUBPARAGRAPH V 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;
  VII. 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;
  VIII. AN ANALYSIS OF HOW THE POTENTIAL  REINSTATEMENT  OF  THE  COMMON
CORE  CURRICULUM WILL IMPACT THE AMOUNT OF TIME THAT STUDENTS OF VARIOUS
FAMILY STRUCTURES AND SOCIO-ECONOMIC BACKGROUNDS SPEND DOING HOMEWORK;
  IX. AN ANALYSIS AS TO THE SUFFICIENCY OF THE COMMON CORE  MODULES  AND
ANY LESSON PLANS PROVIDED TO THE SCHOOLS BY THE DEPARTMENT;
  X.  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;
  XI.  A  REVIEW OF THE PERCENTAGE OF SCHOOLS THAT HAD FULLY IMPLEMENTED
THE COMMON CORE CURRICULUM, THOSE THAT  HAD  PARTIALLY  IMPLEMENTED  THE
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;
  XII.  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.

S. 6604--A                          4

  D.  AFTER  CONCLUDING  THEIR STUDY, THE COMMISSION MUST TAKE A VOTE ON
WHETHER OR NOT THEY BELIEVE THE COMMON CORE CURRICULUM SHOULD  BE  REIN-
STATED. THE RESULTS OF THAT VOTE MUST BE INCLUDED IN THEIR FINAL REPORT.
  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 SIXTEEN.
  G. 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 UNTIL THE TWO THOUSAND SIXTEEN--TWO
THOUSAND  SEVENTEEN  SCHOOL  YEAR.  DURING  THE  MORATORIUM,  STATE-WIDE
ASSESSMENTS FOR GRADES PRE-KINDERGARTEN THROUGH TWELVE SHALL  BE  DEVEL-
OPED  FROM  STATE STANDARDS WHICH EXISTED FOR THE TWO THOUSAND NINE--TWO
THOUSAND TEN SCHOOL YEAR.
  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 UNTIL THE TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN SCHOOL YEAR.
  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 STATE DEPARTMENT
OF EDUCATION FOR ANY AND ALL FLEXIBILITY WAIVERS THAT MAY BE REQUIRED IN
ORDER FOR THE STATE TO REMAIN IN COMPLIANCE WITH THE  RACE  TO  THE  TOP
APPLICATION  WHICH  WAS  SUBMITTED  BY THE DEPARTMENT ON JUNE FIRST, TWO
THOUSAND TEN. PROVIDED HOWEVER, IN THE  EVENT  THAT  THE  UNITED  STATES
DEPARTMENT  OF  EDUCATION  SHALL  DENY  THE  FLEXIBILITY  WAIVER, OR ANY
PORTION THEREOF, SUCH DENIAL SHALL HAVE NO EFFECT  ON  THE  REQUIREMENTS
AND PROHIBITIONS PROVIDED IN THIS ARTICLE.
  S  2. This act shall take effect June 30, 2014 or on the thirtieth day
after it shall have become a law, whichever is later.