NY State Senate Bill S5124

senate Bill S5124

2015-2016 Legislative Session

Relates to performance reviews of classroom teachers and building principals and the comprehensive review of education standards administered by the state department of education

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Archive: Last Bill Status - Stricken

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

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Actions

view actions (3)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2016	recommit, enacting clause stricken
Jan 06, 2016	referred to education
May 02, 2015	referred to education

Co-Sponsors

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S5124 - Details

Law Section:: Education Law
Laws Affected:: Amd Part EE subpart E §1, Chap 56 of 2015; amd §§3012-d, 305 & 202, Ed L

S5124 - Summary

Relates to annual performance review public comment period; directs the release of statewide English language arts and mathematics exam questions; relates to the addition of student characteristics for consideration of student performance; establishes a content review committee for reviewing standardized test items… (view more) relates to the board of regents; directs the commissioner to conduct a comprehensive review of education standards administered by the state education department; appropriates money therefor.

S5124 - Sponsor Memo

BILL NUMBER:S5124

TITLE OF BILL:

An act to amend chapter 56 of the laws of 2015 amending the education
law relating to annual performance reviews of classroom teachers and
building principals, in relation to the public comment period; and to
amend the education law, in relation to annual teacher and principal
evaluations; to amend the education law, in relation to directing the
release of test questions on statewide English language arts and math-
ematics examinations; and making an appropriation therefor; to amend the
education law, in relation to the addition of student characteristics
for consideration of student performance; to amend the education law, in
relation to establishing a content review committee for the purpose of
reviewing new standardized test items; to amend the education law, in
relation to the board of regents; and to direct the commissioner of
education to conduct a comprehensive review of the education standards
administered by the state education department

PURPOSE:

This bill would make amendments to the Education law to provide a longer
public comment period associated with APPR regulations, extend the peri-
od within which school districts must have an approved APPR plan,
require SED to release test questions annually, require SED to take
student characteristics into consideration when calculating teacher

growth scores under 3012-d of the education law, establish a standard-
ized test content review committee, reform the way in which the State
Board of regents are selected and require the Commissioner to review the
Common Core Learning Standards (CCLS).

SUMMARY OF PROVISIONS:

Section one: provide for a forty-five day public comment period after
the Commissioner publishes in the State register the draft regulations
associated with 3012-d of the education

Section two: extends to December fifteenth, 2015 when School Districts
are required to have in place an approved Annual Professional Perform-
ance Review Plan (APPR) under 3012-d of the Education law.

Section three: requires SED to release by June first annually test ques-
tions and corresponding correct answers from the most recent ELA and
Math exams in grades three through eight.

Section four: provide $8.4 million in appropriation authority to allow
SED to create more exams so that in the future more tests can be
returned to teachers.

Section five: requires SED to ensure there are considerations made for
student growth scores for teachers who have students that are English

language learners, students in poverty status, students prior academic
history, and students with disabilities.

Section six and seven: Requires SED to establish a content review
committee to review standardized test items and/or selected passages for
use on state exams in grades three through eight.

Section eight: reforms the way in which the State Board of regents are
selected.

Section nine: requires the Commissioner to review the common core learn-
ing standards (CCLS).

Section ten: provides for the effective date.

JUSTIFICATION:

Under current law the Commissioner of Education is required to Submit
and the Board of Regents adopt changes made to APPR by June 30th, 2015.
This bill provides that the draft regulations shall be submitted prior
to June 30th, 2015 and that a forty-five day public comment period shall
immediately follow. No later than August 14th, 2015 the State Board of
Regents are required to adopt the new regulations associated with 3012-d
of the Education law. This will provide more opportunity for the public
to weigh in on the actual draft regulations. Consistent with this
proposal section two of the bill extends to December fifteenth, 2015
when school Districts are required to have in place an approved Annual
Professional Performance Review Plan (APPR).

Section three of this bill intends to improve the learning process by
requiring SED to release by June first each year test questions and
corresponding correct answers from the most recent ELA and Math exams in
grades three through eight back to the teachers in their respective
classrooms. In addition, $8.4 million is appropriated to allow SED to
create more exams so that in the future more test questions can be
returned to teachers.

Section four provides funds for SED to release more standardized exam
questions back to the classroom teachers to improve the overall learning
process.

Section five of the bill places in education law, consistent with the
Commissioner's regulations, a requirement that SED ensure that specific
student characteristics are factors in the calculation of teachers
student growth scores. Under the Commissioner's current regulations
teachers receive adjustments for students that are English language
learners, students in poverty status, students prior academic history,
and students with disabilities.

Section six and seven requires SED to establish a content review commit-
tee to review standardized test items and/or selected passages for use
on state exams in grades three through eight to ensure the tests are age

appropriate and time appropriate. The content review committee shall
include teachers and educational experts.

Section eight reforms the way in which the State Board of regents are
selected.

Section nine requires the Commissioner to review the common core learn-
ing standards (CCLS). The review shall examine the implementation of the
stands and the reasons for adopting such standards. In addition the
Commissioner is directed to make recommendation on how to improve the
standards if deemed necessary.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

This bill will provides $8.4 million to the State Education Department.

EFFECTIVE DATE:

The act shall take effect immediately.

S5124 - Bill Text download pdf

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

                                  5124

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 2, 2015
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend chapter 56 of the laws of 2015  amending  the  education
  law  relating  to annual performance reviews of classroom teachers and
  building principals, in relation to the public comment period; and  to
  amend  the  education law, in relation to annual teacher and principal
  evaluations; to amend the education law, in relation to directing  the
  release of test questions on statewide English language arts and math-
  ematics  examinations;  and making an appropriation therefor; to amend
  the education law, in relation to the addition of  student  character-
  istics  for  consideration of student performance; to amend the educa-
  tion law, in relation to establishing a content review  committee  for
  the  purpose  of  reviewing  new standardized test items; to amend the
  education law, in relation to the board of regents; and to direct  the
  commissioner  of  education  to  conduct a comprehensive review of the
  education standards administered by the state education department

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1 of subpart E of part EE of chapter 56 of the laws
of  2015,  amending  the  education  law  relating to annual performance
reviews of classroom teachers and building  principals,  is  amended  to
read as follows:
  Section   1.   Authority  of  the  commissioner.  Notwithstanding  any
provisions of section 3012-c of the education law to the  contrary,  the
commissioner of the state education department, is hereby authorized and
directed  to[,  subject] PUBLISH DRAFT REGULATIONS IN THE STATE REGISTER
NO LATER THAN JUNE 30, 2015. SUBJECT  to the provisions of  section  207
of  the  education  law,  [adopt  regulations  of  the commissioner] THE
COMMISSIONER SHALL ADOPT REGULATIONS and guidelines [no later than  June
30,  2015]  FORTY-FIVE DAYS AFTER DRAFT REGULATIONS ARE PUBLISHED IN THE
STATE REGISTER, to implement a statewide annual  teacher  and  principal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10854-03-5

S. 5124                             2

evaluation  system  in  New York state pursuant to section 3012-d of the
education law, as added by this act, after consulting with  experts  and
practitioners  in  the  fields of education, economics and psychometrics
and  taking  into  consideration  the parameters set forth in the letter
from the Chancellor of the Board  of  Regents  and  acting  commissioner
dated  December  31, 2014, to the New York State Director of State Oper-
ations. The commissioner shall also establish a process to accept public
comments, WHICH SHALL BE ASSESSED BY THE DEPARTMENT IN  ACCORDANCE  WITH
PARAGRAPH  (B)  OF SUBDIVISION FIVE OF SECTION 202 OF THE STATE ADMINIS-
TRATIVE PROCEDURE ACT and  recommendations  regarding  the  adoption  of
regulations  pursuant to section 3012-d of the education law and consult
in writing with the Secretary of the United States Department of  Educa-
tion  on  weights,  measures  and  ranking  of evaluation categories and
subcomponents and shall release the response  from  the  Secretary  upon
receipt thereof but in any event prior to publication of the regulations
hereunder.
  S  2.  Subdivision 11 of section 3012-d of the education law, as added
by section 2 of subpart E of part EE of chapter 56 of the laws of  2015,
is amended to read as follows:
  11.  Notwithstanding  any  inconsistent  provision  of  law, no school
district shall be eligible for an apportionment of general  support  for
public  schools  from  the  funds appropriated for the 2015--2016 school
year and any year thereafter in excess of the amount apportioned to such
school district in the respective base year unless such school  district
has  submitted  documentation that has been approved by the commissioner
by [November fifteenth] DECEMBER FIFTEENTH, two thousand fifteen, or  by
September first of each subsequent year, demonstrating that it has fully
implemented  the  standards and procedures for conducting annual teacher
and principal evaluations of teachers and principals in accordance  with
the  requirements  of  this  section  and  the regulations issued by the
commissioner. Provided further that any apportionment withheld  pursuant
to this section shall not occur prior to April first of the current year
and  shall  not  have any effect on the base year calculation for use in
the subsequent school year. For purposes of this  section,  "base  year"
shall mean the base year as defined in paragraph b of subdivision one of
section thirty-six hundred two of this chapter, and "current year" shall
mean  the  current  year as defined in paragraph a of subdivision one of
section thirty-six hundred two of this chapter.
  S 3. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 51-a to read as follows:
  51-A.  ON  OR  BEFORE  JUNE FIRST, TWO THOUSAND FIFTEEN, AND EACH YEAR
THEREAFTER, THE COMMISSIONER SHALL RELEASE THE TEST QUESTIONS AND CORRE-
SPONDING CORRECT ANSWERS FROM EACH OF  THE  MOST  RECENTLY  ADMINISTERED
ENGLISH  LANGUAGE  ARTS  AND  MATHEMATICS  EXAMINATIONS  IN GRADES THREE
THROUGH EIGHT OF THAT YEAR. THE NUMBER OF QUESTIONS AND ANSWERS RELEASED
SHALL NOT BE SO SIGNIFICANT AS TO HINDER OR IMPAIR THE  VALIDITY  AND/OR
RELIABILITY  OF FUTURE EXAMINATIONS BUT SHALL PROVIDE ENOUGH OF AN OVER-
VIEW OF EACH EXAMINATION SO THAT TEACHERS,  ADMINISTRATORS,  PRINCIPALS,
PARENTS  AND  STUDENTS  CAN  BE PROVIDED WITH SUFFICIENT FEEDBACK ON THE
TYPES OF QUESTIONS ADMINISTERED AND  GENERAL  STUDENT  SUCCESS  RATE  IN
ANSWERING SUCH QUESTIONS CORRECTLY.
  S   4.  The  sum  of  eight  million  four  hundred  thousand  dollars
($8,400,000), or so much thereof as may be necessary, is  hereby  appro-
priated  to  the  department of education out of any moneys in the state
treasury in the general  fund  to  the  credit  of  the  state  purposes
account, not otherwise appropriated, and made immediately available, for

S. 5124                             3

the  purpose  of  carrying  out  the provisions of this act. Such moneys
shall be payable on the audit and warrant of the comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed by law.
  S  5. Subparagraph 1 of paragraph a of subdivision 4 of section 3012-d
of the education law, as added by section 2 of subpart E of part  EE  of
chapter 56 of the laws of 2015, is amended to read as follows:
  (1) For the first subcomponent, (A) for a teacher whose course ends in
a state-created or administered test for which there is a state-provided
growth  model,  such  teacher  shall  have a state-provided growth score
based on such model, WHICH SHALL TAKE INTO CONSIDERATION CERTAIN STUDENT
CHARACTERISTICS, AS DETERMINED BY THE COMMISSIONER,  INCLUDING  BUT  NOT
LIMITED TO STUDENTS WITH DISABILITIES, POVERTY, ENGLISH LANGUAGE LEARNER
STATUS  AND  PRIOR  ACADEMIC HISTORY; and (B) for a teacher whose course
does not end in a state-created or administered test such teacher  shall
have  a  student learning objective (SLO) consistent with a goal-setting
process determined or developed by the commissioner, that results  in  a
student  growth  score; provided that, for any teacher whose course ends
in a state-created or administered assessment  for  which  there  is  no
state-provided  growth model, such assessment must be used as the under-
lying assessment for such SLO;
  S 6. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 53 to read as follows:
  53. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO ESTABLISH A CONTENT
REVIEW  COMMITTEE  FOR  THE  PURPOSE  OF REVIEWING ANY STANDARDIZED TEST
ITEMS AND/OR SELECTED PASSAGES FOR USE ON STATE  ASSESSMENTS  IN  GRADES
THREE  THROUGH  EIGHT TO ENSURE THAT THEY ARE GRADE APPROPRIATE AND THAT
THE COMPLEXITY OF THE ITEMS AND PASSAGES ARE WITHIN GRADE-LEVEL EXPECTA-
TIONS. SUCH COMMITTEE SHALL ALSO  ENSURE  THAT  ANY  TEST  ITEMS  AND/OR
SELECTED PASSAGES ARE FAIR AND APPROPRIATELY MEASURE THE LEARNING STAND-
ARDS  APPROVED BY THE BOARD OF REGENTS APPLICABLE TO SUCH SUBJECT AND/OR
GRADE LEVEL.  SUCH COMMITTEE SHALL ALSO ENSURE THAT ADEQUATE AND  APPRO-
PRIATE  TIME IS GIVEN TO STUDENTS FOR THE ADMINISTRATION OF SUCH ASSESS-
MENTS, PROVIDED HOWEVER THAT SUBDIVISION FORTY-NINE OF THIS SECTION MUST
BE COMPLIED WITH.  THE CONTENT REVIEW COMMITTEE SHALL INCLUDE  CLASSROOM
TEACHERS  AND  EXPERIENCED  EDUCATORS  IN  THE CONTENT AREA AND/OR GRADE
LEVEL OF  THE  ITEMS/PASSAGES  BEING  REVIEWED,  INCLUDING  TEACHERS  OF
STUDENTS WITH DISABILITIES AND ENGLISH LANGUAGE LEARNERS.
  S 7. Notwithstanding any other provision of law, rule or regulation to
the  contrary,  any previously entered into contract shall be amended to
incorporate the provisions of section six of this act and  any  required
approval  of  such  contract amendments by a state agency shall be expe-
dited to ensure compliance with section six of this act.
  S 8. Subdivisions 1 and 2 of section 202 of the education law,  subdi-
vision 1 as amended by chapter 547 of the laws of 1993 and subdivision 2
as amended by chapter 296 of the laws of 1984 and as designated by chap-
ter 892 of the laws of 1985, are amended to read as follows:
  1.  The  University of the State of New York shall be governed and all
its corporate powers exercised by a board of regents the number of whose
members shall at all times be four more than  the  number  of  the  then
existing  judicial  districts  of  the  state and shall not be less than
fifteen.  The regents in office April first, nineteen  hundred  seventy-
four  shall  hold office, in the order of their election, for such times
that the term of one such regent will expire in each year on  the  first
day  of  April.  Commencing  April first, nineteen hundred seventy-four,
each regent shall be elected for a term of seven years, each  such  term

S. 5124                             4

to expire on the first day of April. Commencing on April first, nineteen
hundred  ninety-four,  each  regent  shall be elected for a term of five
years, each such term to expire on the first day of April.  Each  regent
shall  be  elected  by  the  legislature by concurrent resolution in the
preceding March, on or before the [first] SECOND Tuesday of such  month.
[If,  however,  the legislature fails to agree on such concurrent resol-
ution by the first Tuesday of such month, then the two houses shall meet
in joint session at noon on the second Tuesday of such month and proceed
to elect such regent by joint ballot.]
  2. All vacancies in such office, either for full or  unexpired  terms,
shall  be  so filled that there shall always be in the membership of the
board of  regents  at  least  one  resident  of  each  of  the  judicial
districts.  A vacancy in the office of regent for other cause than expi-
ration  of term of service shall be filled for the unexpired term [by an
election at the session of the legislature  immediately  following  such
vacancy  in the manner prescribed in the preceding paragraph, unless the
legislature is in session when such vacancy occurs, in  which  case  the
vacancy  shall be filled by such legislature in the manner prescribed in
the preceding paragraph, except as  hereinafter  provided.  However,  if
such  vacancy  occurs  after  the  second  Tuesday in March and before a
resolution to adjourn sine die has been adopted by  either  house,  then
the  vacancy shall be filled by concurrent resolution, unless the legis-
lature fails to agree on such concurrent resolution within three  legis-
lative days after its passage by one house, in which case the two houses
shall  meet  in  joint  session  at noon on the next legislative day and
proceed to elect such regent by joint ballots;], provided, however, that
if the vacancy occur after the adoption by either house of a  resolution
to  adjourn  sine  die,  then  the  vacancy  shall be filled at the next
session of the legislature in the manner  prescribed  in  the  preceding
paragraph.
  S  9.  The  commissioner  of  education  shall conduct a comprehensive
review of the education standards administered by  the  state  education
department  and  seek  input from education stakeholders when conducting
such review. The review shall examine aspects of the learning  standards
adopted  by  the  board of regents in 2011 including but not limited to:
whether curriculum is aligned to standards, age and  grade  appropriate-
ness  of  such  standards, and current progress of the implementation of
such standards.  The review shall also contain recommendations on how to
improve the standards  if  deemed  necessary.    This  review  shall  be
completed  on or before June 30, 2016. Upon completion of the review the
board of regents shall consider the findings of the review and  vote  to
accept  or reject any recommendations made by the commissioner within 60
days.
  S 10. This act shall take effect immediately; provided, however,  that
nothing  in  this act shall prevent or impair the commissioner of educa-
tion from complying with the provisions of section  three  of  this  act
prior to its effective date and provided further that, if this act takes
effect  after  June  1,  2015,  the commissioner of education shall have
thirty days from such effective date to comply with  the  provisions  of
section three of this act; and provided further that section six of this
act shall take effect December 1, 2015.

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senate Bill S5124

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S5124 - Details

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S5124 - Bill Text download pdf

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S5124 - Bill Text download pdf

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