S T A T E O F N E W Y O R K
________________________________________________________________________
3644
2017-2018 Regular Sessions
I N A S S E M B L Y
January 30, 2017
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Introduced by M. of A. RA, CURRAN, STEC, RAIA, LUPINACCI, MONTESANO,
CROUCH, PALMESANO, HAWLEY, DiPIETRO, McDONOUGH, MURRAY, BRABENEC,
WALTER, McKEVITT, GRAF, GARBARINO -- Multi-Sponsored by -- M. of A.
BARCLAY, GIGLIO, McLAUGHLIN, THIELE -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to creating the commis-
sion on exceptional standards for New York state
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 section 115
to read as follows:
§ 115. COMMISSION ON EXCEPTIONAL STANDARDS FOR NEW YORK STATE. 1.
DEFINITIONS. A. "COMMISSION" SHALL MEAN THE COMMISSION ON EXCEPTIONAL
STANDARDS FOR NEW YORK STATE.
B. "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, INCLUDING THOSE DESIGNED BY ANY COMMER-
CIAL ENTITY PURSUANT TO A CONTRACT WITH THE NEW YORK STATE DEPARTMENT OF
EDUCATION.
C. "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.
2. COMMISSION ON EXCEPTIONAL STANDARDS FOR NEW YORK STATE. A. THERE
IS HEREBY CREATED THE COMMISSION ON EXCEPTIONAL STANDARDS FOR NEW YORK
STATE, 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:
(1) FIVE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE OF WHOM SHALL
BE THE COMMISSIONER;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06722-01-7
A. 3644 2
(2) TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
(3) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
(4) TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE;
(5) TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
ASSEMBLY;
(6) 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;
(7) ONE MEMBER SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
SCHOOL ADMINISTRATORS ASSOCIATION OF NEW YORK STATE;
(8) 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;
(9) ONE MEMBER SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE NEW
YORK STATE COUNCIL OF SCHOOL SUPERINTENDENTS;
(10) ONE MEMBER SHALL BE APPOINTED BY THE PRESIDENT OF THE NEW YORK
STATE SCHOOL BOARDS ASSOCIATION;
(11) ONE MEMBER SHALL BE APPOINTED BY THE PRESIDENT OF THE NEW YORK
STATE ASSOCIATION OF INDEPENDENT SCHOOLS; AND
(12) 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.
B. 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 SERVICE, 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:
(1) LONG ISLAND;
(2) NEW YORK CITY;
(3) HUDSON VALLEY;
(4) CAPITAL DISTRICT;
(5) NORTH COUNTRY;
(6) CENTRAL NEW YORK;
(7) FINGER LAKES;
(8) WESTERN NEW YORK; AND
(9) 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.
C. THE COMMISSION SHALL HAVE THE POWER TO:
(1) APPOINT A CHAIRPERSON BY A MAJORITY VOTE;
(2) 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-
A. 3644 3
SION AND FURNISH SUCH INFORMATION AND ASSISTANCE AS IT REQUESTS TO
ACCOMPLISH ITS PURPOSES;
(3) APPOINT A COUNSEL AND SUCH OTHER STAFF AS THE COMMISSION DEEMS
REASONABLY NECESSARY TO CARRY OUT ITS RESPONSIBILITIES;
(4) CONTRACT WITH ANY STATE OR PRIVATE ENTITY FOR THE PROVISION OF
SUCH SERVICES AS THE COMMISSION DETERMINES TO BE REASONABLY NECESSARY;
AND
(5) TAKE OTHER ACTIONS NOT INCONSISTENT WITH THE PURPOSES OF THIS
SECTION AS SHALL ENABLE THE COMMISSION TO CARRY OUT ITS FUNCTION.
D. MEETINGS OF THE COMMISSION SHALL BE SUBJECT TO THE OPEN MEETINGS
LAW ESTABLISHED BY ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
E. AFTER REVIEW, STUDY, AND RECEIPT OF PUBLIC COMMENT, THE COMMISSION
SHALL ISSUE A REPORT AND PROMULGATE RECOMMENDATIONS ON A NEW SET OF
STATE-WIDE EDUCATIONAL STANDARDS FOR THIS STATE. RECOMMENDATIONS SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO, DEVELOPMENT OF A NEW SET OF STATE-
WIDE EDUCATIONAL STANDARDS TARGETED SPECIFICALLY TOWARDS STUDENTS OF
THIS STATE.
F. 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 EIGHTEEN.
4. SUSPENSION OF COMMON CORE TESTING. NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY, THE DEPARTMENT OF EDUCATION SHALL BE PROHIBITED
FROM REQUIRING ANY SCHOOL OR SCHOOL DISTRICT IN THE STATE TO ISSUE A
COMMON CORE STATE TEST AS DEFINED BY SUBDIVISION ONE OF THIS SECTION.
5. SUSPENSION OF COMMON CORE CURRICULUM. NOTWITHSTANDING ANY PROVISION
OF LAW TO THE CONTRARY, THE DEPARTMENT OF EDUCATION SHALL BE PROHIBITED
FROM REQUIRING ANY SCHOOL OR SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A
COMMON CORE CURRICULUM AS DEFINED BY SUBDIVISION ONE OF THIS SECTION.
§ 2. This act shall take effect immediately.