Relates to prohibiting the use of examinations developed by Pearson Education Inc. or its affiliates

BILL NUMBER:S4110 Revised 03/06/15

Title of bill

An act to amend the education law, in relation to common core curriculum examinations

Purpose

Relates to prohibiting the use of examinations developed by Pearson Education, Inc. or its affiliates

Summary of provisions

Section 1 amends the education law by adding a new section 208-b to cease use of Pearson Education, Inc. tests, educational materials, and consulting

Section 2 sets an effective date of the first of September next succeeding the date on which it shall have become law

Justification

We need to take the process of developing standardized tests, education materials and curriculums out of the hands of corporations and put it back into the hands of educators. Pearson, the giant London-based multinational, is the world's largest education firm. Pearson has been busy marketing common core textbooks, common core staff development and common core student and teacher assessments. On the official Pearson website, they state that "Pearson's close association with key authors and architects of the Common Core State Standards ensures that the spirit and pedagogical approach of the initiative is embodied in our professional development." The Thomas Fordham Institute estimates that the national cost for compliance with common core will be between $1 billion to $8 billion and the profits will go almost all directly to publishers.

In December of 2013, New York State Attorney General Eric T. Schneiderman secured a $7.7 million settlement with Pearson Charitable Foundation, a not-for-profit that is affiliated with the for-profit education company Pearson, Inc. An investigation by the Attorney General's Charities Bureau revealed that Pearson, Inc. developed course materials through the Pearson Charitable Foundation that Pearson, Inc. intended to sell commercially. Non-profit foundations cannot use charitable assets to benefit an affiliated for-profit corporation. Pearson, Inc. developed its Common Core aligned course offerings within the Foundation. Internal estimates within Pearson is that their development of Common Core learn- ing standards would generate profits of tens of millions of dollars in New York State.

In addition, news accounts discuss the Pearson Foundation flying educators and education decision makers to conferences in international locations that resulted in educators purchasing Pearson materials. More recently, test questions that Pearson Education Inc. publicized appear to be marketing brand name products to the children taking the exams.

Simply put, Pearson Education Inc. has proven to New Yorkers that it has been putting profits above the people of the State of New York. Given their track record, New York State can no longer entrust the development of Common Core and any other standardized testing to Pearson, Inc.

Legislative history

2014: S7451

Effective date

This act shall take effect the first of September next succeeding the date in which it shall become law.