Relates to annual professional performance review agreements

Summary of provisions

Section 1 amends paragraph k of subdivision 2 of section 3012-c of the education law directing the Commissioner to reject any annual professional performance review plan that provides for the administration of standardized assessments to students in grades kindergarten through second grade that are not being used for diagnostic purposes or required by federal law.

Section 2 amends subdivision 2 of section 3012-c of the education law is amended by adding a new paragraph k-1 to provide that nothing in this section precludes the use of school-wide measures using state or department approved assessments that are administered in higher grades if otherwise allowed.

Provides the only allowable assessments for kindergarten through grade two shall be locally developed assessments or assessments used for diagnostic purposes or required by federal law and defines locally developed assessments as district, BOCES, or regionally developed assessments that are rigorous and comparable across classrooms and shall not include assessments developed by any third party or other comparable entity.

Section 3 amends subdivision 15 of section 3602-e of the education law to prohibit state developed standardized assessments, any vendor or third party developed assessments or other comparable standardized assessments to students in prekindergarten, unless used for a diagnostic purpose.

Section 4 amends subparagraph 2 of paragraph f of subdivision 2 of section 3012-c prohibiting the use of scores from students in kindergarten through second grade on state or department approved assessments for the evaluation of classroom teachers, and provides an exception for the use of locally developed assessments.

Section 5 amends subparagraph 2 of paragraph g of subdivision 2 of section 3012-c prohibiting the use of scores from students in kindergarten through second grade on state or department approved assessments for the evaluation of classroom teachers, and provides an exception for the use of locally developed assessments.

Section 6 sets an immediate effective date and shall not apply to annual performance review plans agreed to by the parties and approved

by the commissioner prior to the effective date of this act and shall only apply to plans agreed to and approved after this act takes effect.

Justification

This measure prohibits the administering of standardized tests to students in prekindergarten through grade two unless it serves a diagnostic purpose or is required by federal law and directs the Commissioner of Education to reject any Annual Professional Performance Review (APPR) plan which utilizes standardized or so-called "bubble" tests as a standard of measurement for student's growth in kindergarten through 2nd Grade.

Given their age, skills and abilities, it is unreasonable and inappropriate to administer standardized tests to students in prekindergarten through grade two, unless it is necessary for diagnostic screening. The emphasis on testing in such early grades has met with widespread criticism and concern from parents, educators and administrators as an ineffective and unsuitable tool for assessing a young student's progress in school. Not only are the tests viewed as developmentally inappropriate, but they also present physical challenges for some children who are still developing fine motor skills, where holding and using a pencil can present difficulties, creating both frustration and challenges for young students.

The State Board of Regents has had a long-standing policy against administering standardized test to the youngest children and has issued a statement strongly recommending against the use of bubble tests and other standardized tests for children in Pre-K through 2nd Grade.

As APPR plans are locally collectively bargained, this bill would ensure that any future agreement reached between school districts and their bargaining units, identify measures other than standardized tests for kindergarten through Grade 2 students, as a means to assess learning progress and for the evaluation of classroom teachers.

It is critical that age-appropriate measures are utilized to ensure that children are not subjected to a learning environment that is heavily focused on testing, particularly in the early years of schooling.

Legislative history

New bill.

Fiscal implications

Potential savings to local school districts resulting from the reduction in administering standardized tests.

Effective date

Immediately, provided it shall not apply to any annual professional performance review plan entered into prior the effective date of this act.