S T A T E O F N E W Y O R K
________________________________________________________________________
8929
I N A S S E M B L Y
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:
Section 1. Section 3012-c of the education law is amended by adding a
new subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE
CONTRARY, FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN AND TWO
THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEARS, A CLASSROOM TEACH-
ER'S OR BUILDING PRINCIPAL'S (I) STATE ASSESSMENTS AND OTHER COMPARABLE
MEASURES SUBCOMPONENT SCORE OR (II) LOCALLY SELECTED MEASURES OF STUDENT
ACHIEVEMENT SUBCOMPONENT SCORE SHALL NOT BE CONSIDERED WHEN CALCULATING
SUCH TEACHER'S OR PRINCIPAL'S COMPOSITE EFFECTIVENESS SCORE IF SUCH
SUBCOMPONENT SCORE OR SCORES WERE BASED IN WHOLE OR IN PART ON A STATE
ADMINISTERED STANDARDIZED ENGLISH LANGUAGE ARTS AND/OR MATH ASSESSMENTS
ALIGNED TO THE COMMON CORE LEARNING STANDARDS ADOPTED BY THE BOARD OF
REGENTS; PROVIDED THAT IN SUCH CASES, THE COMPOSITE EFFECTIVENESS SCORE
OF SUCH TEACHER OR PRINCIPAL SHALL BE CALCULATED BY DIVIDING SUCH TEACH-
ER'S OR PRINCIPAL'S SUBCOMPONENT SCORE OR SCORES THAT ARE NOT EXCLUDED
BY THIS SUBDIVISION BY THE MAXIMUM NUMBER OF ALLOWABLE POINTS CONSISTENT
WITH THIS SUBDIVISION AND MULTIPLYING SUCH FIGURE BY ONE HUNDRED.
S 2. In order to effectuate the provisions of section one of this act,
the commissioner of education is hereby authorized and directed to apply
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.
LBD14087-14-4
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sary 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.
S 3. Section 305 of the education law is amended by adding four new
subdivisions 44, 45, 46 and 47 to read as follows:
44. THE COMMISSIONER SHALL PROVIDE THAT NO SCHOOL DISTRICT SHALL MAKE
ANY STUDENT PROMOTION OR PLACEMENT DECISIONS BASED SOLELY OR PRIMARILY
ON STUDENT PERFORMANCE ON THE STATE ADMINISTERED STANDARDIZED ENGLISH
LANGUAGE ARTS AND MATHEMATICS ASSESSMENTS FOR GRADES THREE THROUGH
EIGHT. HOWEVER, SCHOOL DISTRICTS MAY CONSIDER STUDENT PERFORMANCE ON
SUCH STATE ASSESSMENTS WHEN MAKING STUDENT PROMOTION OR PLACEMENT DECI-
SIONS PROVIDED THAT THE SCHOOL DISTRICT USE MULTIPLE MEASURES IN ADDI-
TION TO SUCH ASSESSMENTS. IN ADDITION, THE COMMISSIONER SHALL REQUIRE
EVERY SCHOOL DISTRICT TO ANNUALLY NOTIFY THE PARENTS AND PERSONS IN
PARENTAL RELATION TO THE STUDENTS ATTENDING SUCH DISTRICT OF THE
DISTRICT'S GRADE PROMOTION AND PLACEMENT POLICY ALONG WITH AN EXPLANA-
TION OF HOW SUCH POLICY WAS DEVELOPED. SUCH NOTIFICATION MAY BE PROVIDED
ON THE SCHOOL DISTRICT'S WEBSITE, IF ONE EXISTS, OR AS PART OF AN EXIST-
ING INFORMATIONAL DOCUMENT THAT IS PROVIDED TO PARENTS AND PERSONS IN
PARENTAL RELATION.
45. THE COMMISSIONER SHALL PROVIDE THAT NO SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES MAY REPORT, PLACE, OR INCLUDE ON A
STUDENT'S PERMANENT RECORD OR TRANSCRIPT ANY STUDENT SCORE ON A STATE
ADMINISTERED STANDARDIZED ENGLISH LANGUAGE ARTS AND MATHEMATICS ASSESS-
MENT FOR GRADES THREE THROUGH EIGHT. IN ADDITION, HE OR SHE SHALL
PROVIDE THAT NO SCHOOL DISTRICT MAY SUBMIT, FOR ANY PURPOSE, STUDENT
SCORES ON SUCH ASSESSMENTS AS PART OF AN OFFICIAL TRANSCRIPT TO ANY
ENTITY EXCEPT TO THE DEPARTMENT OR TO PARENTS OR PERSONS IN PARENTAL
RELATION TO THE STUDENT.
46. THE COMMISSIONER SHALL TAKE ACTIONS TO REDUCE FIELD TESTS FOR
STUDENTS TAKING THE STATE ADMINISTERED STANDARDIZED ENGLISH LANGUAGE
ARTS AND MATHEMATICS ASSESSMENTS FOR GRADES THREE THROUGH EIGHT AND TAKE
ACTIONS TO PROVIDE AND MAKE AVAILABLE TO CLASSROOM TEACHERS AND SCHOOL
DISTRICTS SIGNIFICANTLY MORE SAMPLE TEST QUESTIONS OF SUCH ASSESSMENTS;
SUCH ACTIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PROCUREMENT,
PRODUCTION, OR PRINTING OF AT A MINIMUM TWENTY DIFFERENT TEST FORMS FOR
EACH SUCH ASSESSMENT.
47. THE COMMISSIONER SHALL, IN ORDER TO ASSIST SCHOOL DISTRICTS AND
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES IN DEVELOPING A COMMON CORE
TRAINING PROGRAM FOR TEACHERS AND PRINCIPALS PURSUANT TO SECTION THREE
THOUSAND THIRTY-SIX OF THIS CHAPTER, DEVELOP PROFESSIONAL DEVELOPMENT
TOOLS, RESOURCES AND MATERIALS THAT SCHOOL DISTRICTS, BOARDS OF COOPER-
ATIVE EDUCATIONAL SERVICES, TEACHERS AND PRINCIPALS MAY UTILIZE. SUCH
TOOLS, RESOURCES AND MATERIALS SHALL BE DEVELOPED IN CONSULTATION WITH
TEACHERS, PRINCIPALS AND OTHER STAKEHOLDERS WHO THE COMMISSIONER DEEMS
NECESSARY AND SHALL BE DEVELOPED IN A MANNER THAT WILL ASSIST TEACHERS
AND PRINCIPALS IN ADVANCING THEIR PROFESSIONAL DEVELOPMENT AND TEACHING
SKILLS RELATED TO THE COMMON CORE LEARNING STANDARDS ADOPTED BY THE
BOARD OF REGENTS. IN ADDITION, SUCH TOOLS, RESOURCES AND MATERIALS SHALL
BE DEVELOPED BY THE DEPARTMENT FOR EVERY MANDATORY SUBJECT AND GRADE
LEVEL FOR WHICH THE BOARD OF REGENTS HAS ADOPTED THE COMMON CORE LEARN-
ING STANDARDS AND SHALL BE AVAILABLE BY JULY FIRST, TWO THOUSAND FOUR-
TEEN.
S 4. In order to implement the provisions of subdivision 46 of section
305 of the education law, as added by section three of this act, relat-
ing to reducing field tests for students and providing more sample tests
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for teachers and school districts, the commissioner of education shall
use a portion of the $348,323,000 grant funds received from the United
States Secretary of Education under the state fiscal stabilization fund
of the American Recovery and Reinvestment Act of 2009.
S 5. Paragraph k of subdivision 2 of section 3012-c of the education
law, as added by 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 6. 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 SHALL PROVIDE FOR THE
ADMINISTRATION OF STANDARDIZED STATE ASSESSMENTS OR THIRD PARTY ASSESS-
MENTS, 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 REGU-
LATIONS 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 ADMIN-
ISTERED BY FEDERAL LAW. FOR PURPOSES OF THIS SECTION, "LOCALLY DEVELOPED
ASSESSMENTS" SHALL MEAN DISTRICT, BOCES OR REGIONALLY DEVELOPED ASSESS-
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MENTS THAT ARE RIGOROUS AND COMPARABLE ACROSS CLASSROOMS AND MAY INCLUDE
LOCALLY DEVELOPED PERFORMANCE ASSESSMENTS.
S 7. 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 SUBDIVISION:
S 8. 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 SUBDIVISION:
S 9. 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
ADMINISTERED STANDARDIZED STUDENT ASSESSMENTS IN UNIVERSAL, SCHOOL
DISTRICT SPONSORED OR SCHOOL DISTRICT-RUN PREKINDERGARTEN PROGRAMS, AND
SUCH PREKINDERGARTEN PROGRAMS SHALL NOT ADMINISTER ANY VENDOR OR THIRD
PARTY DEVELOPED STANDARDIZED STUDENT ASSESSMENTS, OR OTHER COMPARABLE
STANDARDIZED STUDENT ASSESSMENTS TO STUDENTS ENROLLED IN SUCH PREKINDER-
GARTEN THAT ARE NOT BEING USED FOR A DIAGNOSTIC PURPOSE.
S 10. Subdivision 2 of section 3012-c of the education law is amended
by adding a new paragraph k-2 to read as follows:
K-2. (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE
CONTRARY, IF MATERIAL CHANGES ARE SUBMITTED FOR AN APPROVED PLAN PURSU-
ANT TO PARAGRAPH K OF THIS SUBDIVISION THAT SOLELY RELATE TO THE ELIMI-
NATION OF UNNECESSARY STUDENT ASSESSMENTS, THE COMMISSIONER SHALL EXPE-
DITE HIS OR HER REVIEW OF SUCH MATERIAL CHANGES AND SOLELY REVIEW THOSE
SECTIONS OF THE PLAN THAT RELATE TO THE ELIMINATED STUDENT ASSESSMENTS
TO ENSURE COMPLIANCE WITH THIS SECTION AND THE REGULATIONS OF THE
COMMISSIONER, PROVIDED THAT THE GOVERNING BODY OF SUCH SCHOOL DISTRICT
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PROVIDE A WRITTEN EXPLANA-
TION OF THE MATERIAL CHANGES SUBMITTED FOR APPROVAL, ON A FORM
PRESCRIBED BY THE COMMISSIONER, AND CERTIFY THAT NO OTHER MATERIAL
CHANGES HAVE BEEN MADE TO ANY OTHER SECTIONS OF THE CURRENTLY APPROVED
PLAN.
(2) THE COMMISSIONER SHALL PROVIDE GUIDANCE AND ADVICE TO EVERY SCHOOL
DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES IN ORDER TO
ASSIST SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
TO REDUCE AND ELIMINATE TRADITIONAL STANDARDIZED STUDENT ASSESSMENTS
THAT ARE NOT NECESSARY TO COMPLY WITH THIS SECTION. SUCH GUIDANCE AND
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ADVICE SHALL BE PROVIDED NO LATER THAN JULY FIRST, TWO THOUSAND FOUR-
TEEN.
S 11. The education law is amended by adding a new section 3036 to
read as follows:
S 3036. COMMON CORE TRAINING PROGRAM. SCHOOL DISTRICTS AND BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES SHALL CONSIDER THE ADOPTION AND IMPLE-
MENTATION OF A COMMON CORE TRAINING PROGRAM FOR TEACHERS AND PRINCIPALS.
SUCH PROGRAM MAY BE PART OF A SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES' PROFESSIONAL DEVELOPMENT PLAN. SUCH PROGRAM SHALL
BE DEVELOPED IN CONSULTATION WITH TEACHERS, PRINCIPALS, AND THE DEPART-
MENT; SUCH PROGRAM SHALL BE DESIGNED TO, AND INCLUDE MEASURES AND
ACTIONS TO, ASSIST TEACHERS AND PRINCIPALS WITH PROFESSIONAL DEVELOPMENT
AND TEACHING SKILLS RELATED TO THE COMMON CORE LEARNING STANDARDS
ADOPTED BY THE BOARD OF REGENTS.
S 12. 1. Prior to July 1, 2015, the commissioner of education and the
state education department are hereby prohibited from providing any
personally identifiable information or de-identifiable student informa-
tion to any third party vendor pursuant to any contract or memorandum of
understanding for the purpose of collecting, storing and/or organizing
student data or information in order to provide access to such data or
information to third party vendors operating data dashboard solutions.
2. Definitions. As used in this section the following terms shall have
the following meanings:
a. "Third party vendor" shall mean any person or entity other than a
school district, board of cooperative educational services (BOCES),
institutions providing higher education as such term is defined in
subdivision 8 of section 2 of the education law or the state education
department.
b. "Data dashboard solutions" shall mean third-party electronic data
system or hosted software application or applications designed to
provide educators, students and their families with timely and relevant
student data and information that support instruction and student learn-
ing and is part of an educational data portal, which the state education
department, BOCES, school districts, students and/or their families
participate in.
c. "Personally identifiable information" shall have the same meaning
as such term is defined in section 99.3 of title 34 of the code of
federal regulations implementing the Family Education Rights and Privacy
Act, as such federal law and regulations are from time to time amended.
d. "De-identifiable student information" shall mean a collection of
data or information that has been altered with the goal of making the
student or students associated with such data or information permanently
unknowable.
S 13. The education law is amended by adding a new section 2-c to read
as follows:
S 2-C. RELEASE OF PERSONALLY IDENTIFIABLE INFORMATION. 1. DEFI-
NITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
A. "PERSONALLY IDENTIFIABLE INFORMATION" SHALL HAVE THE SAME MEANING
AS SUCH TERM IS DEFINED IN SECTION 99.3 OF TITLE 34 OF THE CODE OF
FEDERAL REGULATIONS IMPLEMENTING THE FAMILY EDUCATION RIGHTS AND PRIVACY
ACT, AS SUCH FEDERAL LAW AND REGULATIONS ARE FROM TIME TO TIME AMENDED.
B. "BIOMETRIC RECORD" SHALL HAVE THE SAME MEANING AS SUCH TERM IS
DEFINED IN SECTION 99.3 OF TITLE 34 OF THE CODE OF FEDERAL REGULATIONS
IMPLEMENTING THE FAMILY EDUCATION RIGHTS AND PRIVACY ACT, AS SUCH FEDER-
AL LAW AND REGULATIONS ARE FROM TIME TO TIME AMENDED.
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C. "SCHOOL" SHALL MEAN ANY PUBLIC ELEMENTARY OR SECONDARY SCHOOL,
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOL, SPECIAL ACT
SCHOOL DISTRICT, PUBLIC SCHOOL KINDERGARTEN PROGRAM, UNIVERSAL PRE-KIN-
DERGARTEN PROGRAMS AUTHORIZED PURSUANT TO SECTION THIRTY-SIX HUNDRED
TWO-E OF THIS CHAPTER, PUBLICLY FUNDED PRE-KINDERGARTEN PROGRAMS,
APPROVED PRESCHOOL SPECIAL EDUCATION PROGRAMS PURSUANT TO SECTION
FORTY-FOUR HUNDRED TEN OF THIS CHAPTER, APPROVED PRIVATE SCHOOL FOR THE
EDUCATION OF STUDENTS WITH DISABILITIES AND A STATE SUPPORTED SCHOOL
SUBJECT TO THE PROVISIONS OF ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF
THIS CHAPTER.
D. "STUDENT" SHALL MEAN ANY PERSON ATTENDING A SCHOOL IDENTIFIED IN
PARAGRAPH C OF THIS SUBDIVISION.
E. "THIRD PARTY" SHALL MEAN ANY PERSON OR ENTITY OTHER THAN A SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, INSTITUTION OF
HIGHER EDUCATION, SCHOOL AS DEFINED IN PARAGRAPH C OF THIS SUBDIVISION
OR THE DEPARTMENT.
2. A PARENT OF A STUDENT, A PERSON IN PARENTAL RELATION TO A STUDENT,
OR A STUDENT EIGHTEEN YEARS OF AGE OR OLDER MAY REQUEST THAT SUCH
STUDENT'S PERSONALLY IDENTIFIABLE INFORMATION AND/OR SUCH STUDENT'S
BIOMETRIC RECORD NOT BE DISCLOSED TO ANY THIRD PARTY. THE DEPARTMENT
AND/OR ANY SCHOOL THAT RECEIVES SUCH REQUEST SHALL BE PROHIBITED FROM
DISCLOSING SUCH INFORMATION TO ANY THIRD PARTY UNLESS SUCH DISCLOSURE IS
REQUIRED BY LAW, PURSUANT TO A COURT ORDER OR SUBPOENA, FOR THE PURPOSE
OF A STATE OR FEDERAL AUDIT OR EVALUATION TO AUTHORIZED REPRESENTATIVES
OF ENTITIES IDENTIFIED IN SECTION 99.31 (A)(3) OF TITLE 34 OF THE CODE
OF FEDERAL REGULATIONS IMPLEMENTING THE FAMILY EDUCATION RIGHTS AND
PRIVACY ACT, OR IS NECESSARY DUE TO A HEALTH OR SAFETY EMERGENCY.
3. THE DEPARTMENT SHALL DEVELOP A FORM THAT SHALL BE USED FOR REQUESTS
MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION. SUCH FORM SHALL BE
MADE PUBLICLY AVAILABLE AND SHALL ALLOW SUCH INDIVIDUALS THE OPTION TO
OPT-OUT OF DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION AND BIOME-
TRIC RECORDS TO ANY THIRD PARTY OR TO CERTAIN TYPES OF THIRD PARTIES.
THE DEPARTMENT IS AUTHORIZED TO IDENTIFY A LIST OF TYPES OF THIRD
PARTIES THAT INDIVIDUALS MAY OPT-OUT OF DISCLOSURE OF SUCH INFORMATION
AND RECORDS AND SUCH INDIVIDUALS MAY OPT-OUT OF DISCLOSURE OF SUCH
INFORMATION AND RECORDS TO ANY TYPE AND/OR ALL OF THE LISTED THIRD
PARTIES. SUCH LIST DEVELOPED BY THE DEPARTMENT SHALL NOT REQUIRE THE
NAMES OF SUCH THIRD PARTIES TO BE LISTED. SUCH LIST MAY IDENTIFY THE
TYPES OF SERVICES SUCH THIRD PARTIES PROVIDE.
4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE SHARING OF
PERSONALLY IDENTIFIABLE INFORMATION AND BIOMETRIC RECORDS BY CHARTER
SCHOOLS TO A NOT-FOR-PROFIT CORPORATION OR A FOR-PROFIT BUSINESS OR
CORPORATE ENTITY THAT THE CHARTER SCHOOL WAS FORMED IN CONJUNCTION WITH.
5. SCHOOLS AND THE DEPARTMENT MAY NOT UNDER ANY CIRCUMSTANCE DISCLOSE
PERSONALLY IDENTIFIABLE INFORMATION OR BIOMETRIC RECORDS TO ANY THIRD
PARTY UNLESS SUCH THIRD PARTY HAS AGREED IN WRITING TO:
A. PROVIDE THE DEPARTMENT OR THE CONTRACTING SCHOOL WITH A BREACH
REMEDIATION PLAN ACCEPTABLE TO THE DEPARTMENT OR THE SCHOOL;
B. REPORT ALL SUSPECTED SECURITY BREACHES TO THE DEPARTMENT OR
CONTRACTING SCHOOL AS SOON AS POSSIBLE BUT NOT LATER THAN FORTY-EIGHT
HOURS AFTER SUCH SUSPECTED BREACH WAS KNOWN OR WOULD HAVE BEEN KNOWN BY
EXERCISING REASONABLE DUE DILIGENCE; AND
C. REPORT ALL ACTUAL SECURITY BREACHES TO THE DEPARTMENT OR CONTRACT-
ING SCHOOL AS SOON AS POSSIBLE, BUT NOT LATER THAN TWENTY-FOUR HOURS
AFTER SUCH ACTUAL BREACH WAS KNOWN OR WOULD HAVE BEEN KNOWN BY EXERCIS-
ING REASONABLE DUE DILIGENCE.
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S 14. 1. The commissioner of education shall evaluate the effective-
ness of the implementation of the common core learning standards as
adopted by the board of regents on the education of students with disa-
bilities, English language learners and students with limited English
proficiency. Such study shall evaluate whether the support services and
instruction specifically created for the education of students with
disabilities, English language learners and students with limited
English proficiency are maintained with the adoption of the common core
learning standards. The commissioner of education shall also study
whether school districts are providing the testing accommodations speci-
fied in individualized education programs, section 504 plans pursuant to
the federal rehabilitation act of 1973 or any other official document
for a student that prescribes required testing accommodations. The
commissioner of education shall consult with stakeholders through the
commissioner of education's advisory panel for special education
services and English language learners stakeholders groups.
2. Upon completion of the study pursuant to subdivision 1 of this
section, the commissioner of education shall report the results of such
study to the governor, the temporary president of the senate, the speak-
er of the assembly, and the chairs of the senate and assembly committees
on education on or before December 1, 2014.
S 15. The commissioner of education is authorized to and shall promul-
gate any and all rules and regulations and take any other measures
necessary to implement the provisions of this act.
S 16. This act shall take effect immediately, provided that:
1. Subdivision 44 of section 305 of the education law as added by
section three of this act shall take effect July 1, 2014;
2. Section one of this act shall expire and be deemed repealed if any
necessary federal approvals or waivers relating to section one and
section two of this act have been denied provided that the commissioner
of education shall notify the legislative bill drafting commission upon
such occurrence in order that the commission may maintain an accurate
and timely effective data base of the official text of the laws of the
state of New York in furtherance of effectuating the provisions of
section 44 of the legislative law and section 70-b of the public offi-
cers law;
3. The provisions of sections five, six, seven and eight of this act
shall not apply to any annual professional performance review agreement
entered into pursuant to a collective bargaining agreement prior to the
effective date of such sections, which shall remain in effect in accord-
ance with paragraph l of subdivision 2 of section 3012-c of the educa-
tion law until a subsequent plan is agreed to by the parties and
approved by the commissioner of education in accordance with section
3012-c of the education law;
4. The provisions of section eleven of this act shall take effect
August 1, 2014; and
5. The provisions of section thirteen of this act shall take effect on
the ninetieth day after it shall have become a law.