S T A T E O F N E W Y O R K
________________________________________________________________________
2058
2019-2020 Regular Sessions
I N A S S E M B L Y
January 22, 2019
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Introduced by M. of A. KIM, ORTIZ, D'URSO -- read once and referred to
the Committee on Education
AN ACT to amend the education law, in relation to requiring the commis-
sioner of education to make recommendations to the board of regents
relating to the adoption of a new definition of student academic
success and performance that includes a "character growth score" to
supplement student grades and testing in kindergarten through twelfth
grade
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 309-b
to read as follows:
§ 309-B. NEW DEFINITION OF STUDENT ACADEMIC SUCCESS. 1. THE COMMIS-
SIONER SHALL MAKE RECOMMENDATIONS TO THE BOARD OF REGENTS RELATING TO
THE ADOPTION OF A NEW DEFINITION OF STUDENT ACADEMIC SUCCESS AND
PERFORMANCE THAT INCLUDES A "CHARACTER GROWTH SCORE" TO SUPPLEMENT
STUDENT GRADES AND TESTING IN KINDERGARTEN THROUGH TWELFTH GRADE.
2. PRIOR TO MAKING THE RECOMMENDATIONS TO THE BOARD OF REGENTS, THE
COMMISSIONER SHALL:
A. SEEK THE RECOMMENDATIONS OF TEACHERS, SCHOOL ADMINISTRATORS, TEACH-
ER EDUCATORS AND OTHERS WITH EDUCATIONAL EXPERTISE IN THE PROPOSED
"CHARACTER GROWTH SCORE" OF STUDENT PERFORMANCE AND ACADEMIC SUCCESS;
B. CONSIDER USING ALL NON-COGNITIVE AND EMOTIONAL INTELLIGENCE TRAITS
THAT INCLUDE GRIT, ZEST, SELF-CONTROL IN COMPLETING SCHOOL WORK, INTER-
PERSONAL SELF-CONTROL, OPTIMISM, GRATITUDE, SOCIAL INTELLIGENCE AND
CURIOSITY AS PART OF THE "CHARACTER GROWTH SCORE". FOR THE PURPOSES OF
THIS SECTION, THESE TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(I) GRIT. THE TERM "GRIT" MEANS THE STUDENT FINISHES WHATEVER HE OR
SHE BEGINS; TRIES VERY HARD EVEN AFTER EXPERIENCING FAILURE; AND WORKS
INDEPENDENTLY WITH FOCUS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03872-01-9
A. 2058 2
(II) ZEST. THE TERM "ZEST" MEANS THE STUDENT ACTIVELY PARTICIPATES;
SHOWS ENTHUSIASM; AND INVIGORATES OTHERS.
(III) SELF-CONTROL -- SCHOOL WORK. THE TERM "SELF-CONTROL -- SCHOOL
WORK" MEANS THE STUDENT COMES TO CLASS PREPARED; PAYS ATTENTION AND
RESISTS DISTRACTIONS; REMEMBERS AND FOLLOWS DIRECTIONS; AND GETS TO WORK
RIGHT AWAY RATHER THAN PROCRASTINATING.
(IV) SELF-CONTROL -- INTERPERSONAL. THE TERM "SELF-CONTROL -- INTER-
PERSONAL" MEANS THE STUDENT REMAINS CALM EVEN WHEN CRITICIZED OR OTHER-
WISE PROVOKED; ALLOWS OTHERS TO SPEAK WITHOUT INTERRUPTION; IS POLITE TO
ADULTS AND PEERS; AND KEEPS HIS OR HER TEMPER IN CHECK.
(V) OPTIMISM. THE TERM "OPTIMISM" MEANS THE STUDENT GETS OVER FRUS-
TRATIONS AND SETBACKS QUICKLY; AND BELIEVES THAT EFFORT WILL IMPROVE HIS
OR HER FUTURE.
(VI) GRATITUDE. THE TERM "GRATITUDE" MEANS THE STUDENT RECOGNIZES AND
SHOWS APPRECIATION FOR OTHERS; AND RECOGNIZES AND SHOWS APPRECIATION FOR
HIS OR HER OPPORTUNITIES.
(VII) SOCIAL INTELLIGENCE. THE TERM "SOCIAL INTELLIGENCE" MEANS THE
STUDENT IS ABLE TO FIND SOLUTIONS DURING CONFLICTS WITH OTHERS; DEMON-
STRATES RESPECT FOR FEELINGS OF OTHERS; AND KNOWS WHEN AND HOW TO
INCLUDE OTHERS.
(VIII) CURIOSITY. THE TERM "CURIOSITY" MEANS THE STUDENT IS EAGER TO
EXPLORE NEW THINGS; ASKS AND ANSWERS QUESTIONS TO DEEPEN UNDERSTANDING;
AND ACTIVELY LISTENS TO OTHERS.
C. CONSIDER THE AMOUNT OF EVALUATION TIME SUCH "CHARACTER GROWTH
SCORE" WILL REQUIRE AND WHETHER SUCH TIME WOULD DISTRACT FROM OTHER
MANDATED ACADEMIC MEASUREMENTS;
D. CONSIDER THE FISCAL IMPACT, IF ANY, ON THE STATE OF NEW YORK AND
INDIVIDUAL SCHOOL DISTRICTS;
E. CONSIDER HOW THE "CHARACTER GROWTH SCORE" WILL BE PART OF THE ANNU-
AL PROFESSIONAL PERCENTAGE REVIEW AND THE STATE OF NEW YORK TEACHER
EVALUATION SYSTEM; AND
F. CONSIDER ANY ADDITIONAL FACTORS THE COMMISSIONER DEEMS RELEVANT.
3. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE A RECOMMENDATION TO THE
BOARD OF REGENTS TO ADOPT AND PROMULGATE APPROPRIATE RULES AND REGU-
LATIONS IMPLEMENTING SUCH "CHARACTER GROWTH SCORE". UPON RECEIVING A
RECOMMENDATION FROM THE COMMISSIONER, PURSUANT TO THIS SUBDIVISION, THE
BOARD OF REGENTS SHALL VOTE EITHER TO ACCEPT OR REJECT THE COMMISSION-
ER'S RECOMMENDATION NO LATER THAN SIXTY DAYS AFTER RECEIVING SUCH RECOM-
MENDATION.
4. IF THE BOARD OF REGENTS ADOPTS SUCH MEASUREMENT, THE MEASUREMENT
REQUIREMENT SHALL TAKE EFFECT NO LATER THAN THE NEXT SCHOOL YEAR AFTER
SUCH SCORE HAS BEEN ADOPTED.
5. IF THE BOARD OF REGENTS REJECTS SUCH "CHARACTER GROWTH SCORE", THE
COMMISSIONER SHALL PROVIDE A REPORT AS TO THE DETERMINATION OF THE BOARD
TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY AND THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON
EDUCATION PROVIDING THE REASONS FOR SUCH REJECTION NO LATER THAN THIRTY
DAYS AFTER THE BOARD OF REGENTS REJECTS SUCH MEASUREMENT.
§ 2. This act shall take effect immediately.