Bill in NY Proposes to Put Common Core
Craziness on Hold!
BILL NUMBER:A8844
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.
By using the knowledge of educators, special education experts, health
care professionals, school administrators, parents and others to
create a home grown curriculum that takes into account the
multifaceted ways that our children learn, their interests, and their
capabilities, New York can be leading the country in the educational
reform process instead of following an educational path that is
destructive to our children.
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 he 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.
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A08844 Text:
S T A T E O F N E W Y O R K
________________________________________________________________________
8844
I N A S S E M B L Y
February 20, 2014
___________
Introduced by M. of A. RA, GRAF, McDONOUGH, KOLB, SALADINO, PALUMBO,
LUPINACCI, PALMESANO, McKEVITT, MONTESANO, CURRAN, McLAUGHLIN, CROUCH,
P. LOPEZ, LALOR, KATZ, BORELLI, MALLIOTAKIS, WALTER, RAIA, GOODELL,
TENNEY, TEDISCO, FRIEND, GARBARINO, CERETTO, BLANKENBUSH, JOHNS, STEC,
DUPREY, BUTLER, DiPIETRO, HAWLEY, GIGLIO, NOJAY, CORWIN -- read once
and referred 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:
1 Section 1. The education law is amended by adding a new article 7-B to
2 read as follows:
3 ARTICLE 7-B
4 BLUE RIBBON COMMISSION ON 21ST CENTURY TESTING AND CURRICULUM
5 SECTION 349-A. DEFINITIONS.
6 349-B. BLUE RIBBON COMMISSION ON 21ST CENTURY TESTING AND
7 CURRICULUM.
8 349-C. SUSPENSION OF COMMON CORE TESTING.
9 349-D. SUSPENSION OF COMMON CORE CURRICULUM.
10 349-E. WAIVER FROM RACE TO THE TOP OBLIGATIONS RELATED TO COMMON
11 CORE.
12 S 349-A. DEFINITIONS. AS USED IN THIS ARTICLE:
13 1. "COMMISSION" SHALL MEAN THE BLUE RIBBON COMMISSION ON 21ST CENTURY
14 TESTING AND CURRICULUM ESTABLISHED PURSUANT TO THIS ARTICLE.
15 2. "COMMON CORE CURRICULUM" SHALL MEAN ANY CURRICULUM DEVELOPED IN
16 FURTHERANCE OF THE COMMON CORE ACADEMIC STANDARDS DEVELOPED BY THE
17 NATIONAL GOVERNORS ASSOCIATION CENTER FOR BEST PRACTICES AND THE COUNCIL
18 OF CHIEF STATE SCHOOL OFFICERS.
19 3. "COMMON CORE STATE TEST" SHALL MEAN ANY STATE OR CONSORTIUM
20 CREATED, DEVELOPED OR ADMINISTERED TEST GIVEN IN NEW YORK STATE TO
21 STUDENTS IN GRADES PRE-KINDERGARTEN THROUGH TWELVE THAT TESTS A
22 STUDENT'S KNOWLEDGE AND SKILLS RELATING TO THE COMMON CORE CURRICULUM.
23 4. "CONSORTIUM" SHALL MEAN THE SMARTER BALANCED ASSESSMENT CONSORTIUM,
24 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.
LBD13090-08-4
A. 8844 2
1 ANY OTHER ORGANIZATION, ENTITY, OR GROUP DEVELOPING STANDARDIZED TESTS
2 BASED OFF OF THE COMMON CORE CURRICULUM.
3 S 349-B. BLUE RIBBON COMMISSION ON 21ST CENTURY TESTING AND CURRIC-
4 ULUM. 1. THERE IS HEREBY CREATED THE BLUE RIBBON COMMISSION ON 21ST
5 CENTURY TESTING AND CURRICULUM, WHICH SHALL CONSIST OF THE FOLLOWING
6 TWENTY-THREE MEMBERS WHO SHALL BE APPOINTED NO LESS THAN THIRTY DAYS
7 AFTER THE EFFECTIVE DATE OF THIS SECTION:
8 A. FIVE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE OF WHOM SHALL
9 BE THE COMMISSIONER;
10 B. TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
11 SENATE;
12 C. TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
13 D. TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
14 SENATE;
15 E. TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
16 BLY;
17 F. THREE MEMBERS SHALL BE APPOINTED BY THE PRESIDENT OF NEW YORK STATE
18 UNITED TEACHERS, ONE OF WHOM MUST HAVE COMPLETED THEIR SPECIAL EDUCATION
19 CERTIFICATION AND ONE OF WHOM MUST PROVIDE INSTRUCTION TO ENGLISH AS A
20 SECOND LANGUAGE STUDENTS;
21 G. ONE MEMBER SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
22 SCHOOL ADMINISTRATORS ASSOCIATION OF NEW YORK STATE;
23 H. TWO MEMBERS SHALL BE APPOINTED BY THE PRESIDENT OF THE NEW YORK
24 STATE PARENT TEACHER ASSOCIATION, ONE OF WHOM MUST BE A PARENT OF A
25 STUDENT WITH A CURRENT INDIVIDUAL EDUCATION PLAN;
26 I. ONE MEMBER SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE NEW
27 YORK STATE COUNCIL OF SCHOOL SUPERINTENDENTS;
28 J. ONE MEMBER SHALL BE APPOINTED BY THE PRESIDENT OF THE NEW YORK
29 STATE SCHOOL BOARDS ASSOCIATION;
30 K. ONE MEMBER SHALL BE APPOINTED BY THE PRESIDENT OF THE NEW YORK
31 STATE ASSOCIATION OF INDEPENDENT SCHOOLS;
32 L. ONE MEMBER SHALL BE APPOINTED BY THE PRESIDENT OF THE NEW YORK
33 STATE ASSOCIATION OF SCHOOL PSYCHOLOGISTS. SUCH MEMBER SHALL HAVE EXPE-
34 RIENCE IN A CLINICAL SETTING.
35 2. NO MEMBER OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY
36 PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
37 OR EMPLOYMENT BY VIRTUE OF HIS OR HER APPOINTMENT PURSUANT TO THIS
38 SECTION. MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
39 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
40 INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS PURSUANT TO THIS SECTION.
41 A MEMBER OF THE COMMISSION MAY BE REMOVED BY THE APPOINTING AUTHORITY
42 ONLY FOR GOOD CAUSE, AFTER NOTICE AND OPPORTUNITY TO BE HEARD. VACANCIES
43 SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
44 3. POWERS AND DUTIES OF THE COMMISSION.
45 A. THE COMMISSION SHALL HOLD AT LEAST ONE PUBLIC HEARING IN EACH OF
46 THE FOLLOWING REGIONS:
47 I. LONG ISLAND;
48 II. NEW YORK CITY;
49 III. HUDSON VALLEY;
50 IV. CAPITAL DISTRICT;
51 V. NORTH COUNTRY;
52 VI. CENTRAL NEW YORK;
53 VII. FINGER LAKES;
54 VIII. WESTERN NEW YORK;
55 IX. SOUTHERN TIER.
A. 8844 3
1 B. DURING THE PUBLIC HEARINGS, THE COMMISSION SHALL HEAR THE TESTIMONY
2 OF VOLUNTARY WITNESSES, MAY COMPEL THE TESTIMONY OF WITNESSES AND MAY
3 REQUIRE THE PRODUCTION OF ANY DOCUMENTS THE COMMISSION DEEMS REASONABLY
4 NECESSARY TO CARRY OUT ITS RESPONSIBILITIES.
5 C. AFTER REVIEW, STUDY, AND RECEIPT OF PUBLIC COMMENT, THE COMMISSION
6 SHALL ISSUE A REPORT AND PROMULGATE RECOMMENDATIONS GOVERNING EDUCA-
7 TIONAL STANDARDS, CURRICULUM, THE IMPLEMENTATION THEREOF, AND TESTING IN
8 THE STATE OF NEW YORK FOR GRADES PRE-KINDERGARTEN THROUGH TWELVE. RECOM-
9 MENDATIONS SHALL INCLUDE INFORMATION ON, BUT SHALL NOT BE LIMITED TO,
10 THE FOLLOWING:
11 I. AN ANALYSIS OF THE STATE STANDARDS AND RELATED CURRICULUM EXISTING
12 IN THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR;
13 II. AN ANALYSIS OF THE COMMON CORE STANDARDS ESTABLISHED IN TWO THOU-
14 SAND TEN BY THE NATIONAL GOVERNORS ASSOCIATION CENTER FOR BEST PRACTICES
15 AND THE COUNCIL OF CHIEF STATE SCHOOL OFFICERS;
16 III. AN ANALYSIS OF BEST PRACTICES, IN LIGHT OF THE STUDY AND REVIEW
17 OF PRIOR STATE STANDARDS AND THOSE PUT FORTH BY THE NATIONAL GOVERNORS
18 ASSOCIATION CENTER FOR BEST PRACTICES AND THE COUNCIL OF CHIEF STATE
19 SCHOOL OFFICERS, RELATED TO EDUCATIONAL STANDARDS AND PROMOTING COLLEGE
20 AND CAREER READINESS FOR PRE-KINDERGARTEN THROUGH TWELFTH GRADE STUDENTS
21 IN NEW YORK STATE;
22 IV. AN ANALYSIS OF AGE APPROPRIATE AND DEVELOPMENTALLY APPROPRIATE
23 MEANS OF IMPLEMENTING AND TRANSITIONING TO NEW EDUCATIONAL STANDARDS AND
24 CURRICULUMS WITHIN THE STATE;
25 V. AN ANALYSIS OF THE TIME AND RESOURCES SPENT PREPARING FOR AND
26 ADMINISTERING STATE-WIDE TESTS WITHIN THE STATE, FOR EACH GRADE, IN THE
27 SCHOOL YEARS TWO THOUSAND NINE--TWO THOUSAND TEN, TWO THOUSAND TEN--TWO
28 THOUSAND ELEVEN, TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE, TWO THOUSAND
29 TWELVE--TWO THOUSAND THIRTEEN, TWO THOUSAND THIRTEEN--TWO THOUSAND FOUR-
30 TEEN;
31 VI. AN ANALYSIS OF THE DATA COLLECTED PURSUANT TO SUBPARAGRAPH V OF
32 THIS PARAGRAPH AND THE IMPACT THAT THE TIME AND RESOURCES ALLOCATED HAD
33 ON THE QUALITY OF INSTRUCTION AND EMOTIONAL WELL-BEING OF STUDENTS IN
34 THE STATE;
35 VII. AN ANALYSIS OF THE IMPACT THAT A CHANGE IN CURRICULUM WILL HAVE
36 ON STUDENTS WHO ARE ABSENT FROM THEIR REGULAR CLASSES FOR EXTENDED PERI-
37 ODS EACH WEEK DUE TO RECEIVING SPECIAL EDUCATIONAL SERVICES, REMEDIAL
38 SERVICES, OR STUDENTS WHO HAVE EXTENDED ABSENCES;
39 VIII. AN ANALYSIS OF HOW THE POTENTIAL REINSTATEMENT OF THE COMMON
40 CORE CURRICULUM WILL IMPACT THE AMOUNT OF TIME THAT STUDENTS OF VARIOUS
41 FAMILY STRUCTURES AND SOCIO-ECONOMIC BACKGROUNDS SPEND DOING HOMEWORK;
42 IX. AN ANALYSIS AS TO THE SUFFICIENCY OF THE COMMON CORE MODULES AND
43 ANY LESSON PLANS PROVIDED TO THE SCHOOLS BY THE DEPARTMENT;
44 X. A COMPARISON OF LOCALLY DEVELOPED CURRICULUMS THAT WERE DEVELOPED
45 IN ORDER TO INSTRUCT ON THE COMMON CORE STANDARDS AND THOSE THAT WERE
46 PURCHASED FROM VENDORS, WITH A FOCUS ON QUALITY, AGE APPROPRIATENESS AND
47 DEVELOPMENTAL APPROPRIATENESS;
48 XI. A REVIEW OF THE PERCENTAGE OF SCHOOLS THAT HAD FULLY IMPLEMENTED
49 THE COMMON CORE CURRICULUM, THOSE THAT HAD PARTIALLY IMPLEMENTED THE
50 COMMON CORE CURRICULUM, AND THOSE THAT HAD NOT IMPLEMENTED ANY PART OF
51 THE COMMON CORE CURRICULUM DURING THE TWO THOUSAND THIRTEEN--TWO THOU-
52 SAND FOURTEEN SCHOOL YEAR;
53 XII. AN ANALYSIS OF WHETHER OR NOT INSTRUCTION AND TESTING ON THE
54 COMMON CORE CURRICULUM IS DEVELOPMENTALLY APPROPRIATE FOR CHILDREN WITH
55 INDIVIDUALIZED EDUCATION PLANS AND CHILDREN WITH OTHER LEARNING DISABIL-
56 ITIES.
A. 8844 4
1 D. AFTER CONCLUDING THEIR STUDY, THE COMMISSION MUST TAKE A VOTE ON
2 WHETHER OR NOT THEY BELIEVE THE COMMON CORE CURRICULUM SHOULD BE REIN-
3 STATED. THE RESULTS OF THAT VOTE MUST BE INCLUDED IN THEIR FINAL REPORT.
4 E. THE COMMISSION SHALL HAVE THE POWER TO:
5 I. APPOINT A CHAIRPERSON BY A MAJORITY VOTE;
6 II. CALL UPON ANY AGENCY, DEPARTMENT, OFFICE, DIVISION OR PUBLIC
7 AUTHORITY, OR SCHOOL DISTRICT OF THIS STATE TO SUPPLY IT WITH SUCH
8 INFORMATION AND ASSISTANCE AS THE COMMISSION DEEMS NECESSARY TO
9 DISCHARGE ITS RESPONSIBILITIES. EACH AGENCY, DEPARTMENT, OFFICE, DIVI-
10 SION OR SCHOOL DISTRICT OF THIS STATE SHALL COOPERATE WITH THE COMMIS-
11 SION AND FURNISH SUCH INFORMATION AND ASSISTANCE AS IT REQUESTS TO
12 ACCOMPLISH ITS PURPOSES;
13 III. APPOINT A COUNSEL AND SUCH OTHER STAFF AS THE COMMISSION DEEMS
14 REASONABLY NECESSARY TO CARRY OUT ITS RESPONSIBILITIES;
15 IV. CONTRACT WITH ANY STATE OR PRIVATE ENTITY FOR THE PROVISION OF
16 SUCH SERVICES AS THE COMMISSION DETERMINES TO BE REASONABLY NECESSARY;
17 AND
18 V. TAKE OTHER ACTIONS NOT INCONSISTENT WITH THE PURPOSES OF THIS
19 SECTION AS SHALL ENABLE THE COMMISSION TO CARRY OUT ITS FUNCTIONS.
20 F. RECOMMENDATIONS ISSUED BY THE COMMISSION SHALL BE DECIDED BY A
21 MAJORITY VOTE. RECOMMENDATIONS ISSUED BY THE COMMISSION SHALL BE
22 CONTAINED IN A REPORT TO THE GOVERNOR AND LEGISLATURE. THE REPORT SHALL
23 BE ISSUED NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND SIXTEEN.
24 S 349-C. SUSPENSION OF COMMON CORE TESTING. NOTWITHSTANDING ANY
25 PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT SHALL BE PROHIBITED
26 FROM REQUIRING ANY SCHOOL OR SCHOOL DISTRICT IN THE STATE TO ISSUE A
27 COMMON CORE STATE TEST AS DEFINED BY SUBDIVISION THREE OF SECTION THREE
28 HUNDRED FORTY-NINE-A OF THIS ARTICLE UNTIL THE TWO THOUSAND SIXTEEN--TWO
29 THOUSAND SEVENTEEN SCHOOL YEAR. DURING THE MORATORIUM, STATE-WIDE
30 ASSESSMENTS FOR GRADES PRE-KINDERGARTEN THROUGH TWELVE SHALL BE DEVEL-
31 OPED FROM STATE STANDARDS WHICH EXISTED FOR THE TWO THOUSAND NINE--TWO
32 THOUSAND TEN SCHOOL YEAR.
33 S 349-D. SUSPENSION OF COMMON CORE CURRICULUM. NOTWITHSTANDING ANY
34 PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT SHALL BE PROHIBITED
35 FROM REQUIRING ANY SCHOOL OR SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A
36 COMMON CORE CURRICULUM AS DEFINED BY SUBDIVISION TWO OF SECTION THREE
37 HUNDRED FORTY-NINE-A OF THIS ARTICLE UNTIL THE TWO THOUSAND SIXTEEN--TWO
38 THOUSAND SEVENTEEN SCHOOL YEAR.
39 S 349-E. WAIVER FROM RACE TO THE TOP OBLIGATIONS RELATED TO COMMON
40 CORE. THE DEPARTMENT SHALL BE REQUIRED, WITHIN THIRTY DAYS OF THE
41 EFFECTIVE DATE OF THIS ARTICLE, TO APPLY TO THE UNITED STATE DEPARTMENT
42 OF EDUCATION FOR ANY AND ALL FLEXIBILITY WAIVERS THAT MAY BE REQUIRED IN
43 ORDER FOR THE STATE TO REMAIN IN COMPLIANCE WITH THE RACE TO THE TOP
44 APPLICATION WHICH WAS SUBMITTED BY THE DEPARTMENT ON JUNE FIRST, TWO
45 THOUSAND TEN. PROVIDED HOWEVER, IN THE EVENT THAT THE UNITED STATES
46 DEPARTMENT OF EDUCATION SHALL DENY THE FLEXIBILITY WAIVER, OR ANY
47 PORTION THEREOF, SUCH DENIAL SHALL HAVE NO EFFECT ON THE REQUIREMENTS
48 AND PROHIBITIONS PROVIDED IN THIS ARTICLE.
49 S 2. This act shall take effect June 30, 2014 or on the thirtieth day
50 after it shall have become a law, whichever is later.
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