senate Bill S6604A

2013-2014 Legislative Session

Establishes the Blue Ribbon Commission on 21st Century and Curriculum

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 02, 2014 print number 6604a
amend and recommit to education
Feb 12, 2014 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

view additional co-sponsors

S6604 - Bill Details

See Assembly Version of this Bill:
A8844A
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 7-B §§349-a - 349-e, Ed L

S6604 - Bill Texts

view summary

Establishes the Blue Ribbon Commission on 21st Century and Curriculum.

view sponsor memo
BILL NUMBER:S6604

TITLE OF BILL: An act to amend the education law, in relation to the
Blue Ribbon Commission

PURPOSE OF BILL: The purpose of this bill is to convene a commission,
which will be empowered to hold hearings, study, and make
recommendations to the governor and legislature, regarding education
issues related to P-12 curriculum and testing in New York State.
During the review, school districts shall not be required to implement
the Common Core curriculum, nor shall any state test be based off of
the Common Core standards. Upon completion of their review, the
Commission shall take a vote to determine whether the Common Core
curriculum shall be reinstated.

SUMMARY OF PROVISIONS: Section One establishes a new Article 7-B in
the education law, entitled the Blue Ribbon Commission on 21st Century
Testing and Curriculum. This section contains definitions, the
composition of the commission, powers of the commission, and duties of
the commission. Based on their findings, the commission is charged
with the responsibility of issuing a report, making recommendations to
the legislature and the governor regarding education policy and best
practices for P-12 education. The report is due January 31st, 2016.
This section also requires a suspension of the common core curriculum
and testing based off of common core standards through the 2016-2017
school year. Upon the conclusion of the work of the Commission, they
will be required to take a vote on whether or not the Common Core
curriculum should be reinstated. The results of that vote are to be
included in the final report of the committee. Further, this section
requires the state education department to apply for a flexibility
waiver from the U.S. Department of Education pertaining to the state's
Race to the Top obligations.

Section Two is the effective date.

JUSTIFICATION: In 2010, the State Education Department secured Race
to the Top Funding from the U.S. Department of Education. In exchange
for $700 Million in funding, the state education department made
various commitments related to educational standards, testing, a
teacher evaluation system, and data collection. As time has shown, the
implementation of Common Core has been deeply flawed resulting in poor
educational outcomes. Before moving any further with the new
curriculum and testing, an independent commission should be formed to
study the best method of improving educational standards for our
children. By holding hearings across the state, receiving and
reviewing public comment, and comparing the common core curriculum
with the curriculum in existence prior to the implementation of common
core, the commission will be best suited to make recommendations
regarding educational policy. The commission will also be tasked with
making recommendations regarding appropriate methods in transitioning
to new educational standards. Further, the commission will review the
time and resources allocated to preparing for and administering
state-wide tests and the impact thereof on the quality of instruction
for students in this state. After thorough analysis, the commission
will be able to advise the legislature and governor on appropriate
standards and testing at each grade level, best methods of
implementing any new standards and tests, and the age-appropriateness


of testing at each grade level. During the pendency of this study, any
and all steps taken to implement the new common core curriculum and
testing will be halted. We must ensure that state standards,
curriculum and testing are calibrated in a way that ensures that our
students are prepared to succeed.

FISCAL IMPLICATIONS: Potentially none to the state, depending on the
response from the U.S. Department of Education to the statutorily
mandated flexibility waiver.

PRIOR LEGISLATIVE HISTORY: New bill.

EFFECTIVE DATE: This act shall take effect on June 30th, 2014.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6604

                            I N  S E N A T E

                            February 12, 2014
                               ___________

Introduced  by Sens. ZELDIN, BALL -- read twice and ordered printed, and
  when printed to be committed 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.
  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13090-08-4

S. 6604                             2

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.
  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.

S. 6604                             3

  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.
  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:

S. 6604                             4

  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.
  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.

Co-Sponsors

view additional co-sponsors

S6604A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8844A
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 7-B §§349-a - 349-e, Ed L

S6604A (ACTIVE) - Bill Texts

view summary

Establishes the Blue Ribbon Commission on 21st Century and Curriculum.

view sponsor memo
BILL NUMBER:S6604A

TITLE OF BILL: An act to amend the education law, in relation to the
Blue Ribbon Commission

PURPOSE OF BILL: The purpose of this bill is to convene a commission,
which will be empowered to hold hearings, study, and make
recommendations to the governor and legislature, regarding education
issues related to P-12 curriculum and testing in New York State.
During the review, school districts shall not be required to implement
the Common Core curriculum, nor shall any state test be based off of
the Common Core standards. Upon completion of their review, the
Commission shall take a vote to determine whether the Common Core
curriculum shall be reinstated.

SUMMARY OF PROVISIONS: Section One establishes a new Article 7-B in
the education law, entitled the Blue Ribbon Commission on 21st Century
Testing and Curriculum. This section contains definitions, the
composition of the commission, powers of the commission, and duties of
the commission. Based on their findings, the commission is charged
with the responsibility of issuing a report, making recommendations to
the legislature and the governor regarding education policy and best
practices for P-12 education. The report is due January 31st, 2016.
This section also requires a suspension of the common core curriculum
and testing based off of common core standards through the 2016-2017
school year. Upon the conclusion of the work of the Commission, they
will be required to take a vote on whether or not the Common Core
curriculum should be reinstated. The results of that vote are to be
included in the final report of the committee. Further, this section
requires the state education department to apply for a flexibility
waiver from the U.S. Department of Education pertaining to the state's
Race to the Top obligations.

Section Two is the effective date.

JUSTIFICATION: In 2010, the State Education Department secured Race to
the Top Funding from the U.S. Department of Education. In exchange for
$700 Million in funding, the state education department made various
commitments related to educational standards, testing, a teacher
evaluation system, and data collection. As time has shown, the
implementation of Common Core has been deeply flawed resulting in poor
educational outcomes. Before moving any further with the new
curriculum and testing, an independent commission should be formed to
study the best method of improving educational standards for our
children. By holding hearings across the state, receiving and
reviewing public comment, and comparing the common core curriculum
with the curriculum in existence prior to the implementation of common
core, the commission will be best suited to make recommendations
regarding educational policy. The commission will also be tasked with
making recommendations regarding appropriate methods in transitioning
to new educational standards. Further, the commission will review the
time and resources allocated to preparing for and administering
state-wide tests and the impact thereof on the quality of instruction
for students in this state. After thorough analysis, the commission
will be able to advise the legislature and governor on appropriate
standards and testing at each grade level, best methods of
implementing any new standards and tests, and the age-appropriateness


of testing at each grade level. During the pendency of this study,
any and all steps taken to implement the new common core curriculum
and testing will be halted. We must ensure that state standards,
curriculum and testing are calibrated in a way that ensures that our
students are prepared to succeed.

FISCAL IMPLICATIONS: Potentially none to the state, depending on the
response from the U.S. Department of Education to the statutorily
mandated flexibility waiver.

PRIOR LEGISLATIVE HISTORY: New bill.

EFFECTIVE DATE: This act shall take effect on June 30th, 2014.

view full text
download pdf
                    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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.