S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3232
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. KIM -- 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.
                                                            LBD05978-01-1
              

 A. 3232                             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.