S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7177
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 27, 2015
                                      ___________
       Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
         tee on Education
       AN ACT to amend the education law, in relation to a  moratorium  on  the
         issuance of standardized tests to certain students; and to establish a
         task  force  to develop a system allowing students with individualized
         education programs to be evaluated
         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 section 349 to
    2  read as follows:
    3    S  349.  MORATORIUM  ON  STANDARDIZED TESTING OF CERTAIN STUDENTS. THE
    4  DEPARTMENT SHALL ENSURE THAT ANY TEST  ESTABLISHED  AND/OR  ADMINISTERED
    5  PURSUANT  TO  THIS ARTICLE SHALL NOT BE GIVEN TO ANY STUDENT FOR WHOM AN
    6  INDIVIDUALIZED EDUCATION PROGRAM HAS BEEN CREATED.
    7    S 2. 1.  The department of education shall establish a task  force  to
    8  develop  a  system  to  evaluate  students with individualized education
    9  programs and their respective teachers  with  regard  to  the  teacher's
   10  annual professional performance review.
   11    2.  The task force shall consist of thirteen members, one nominated by
   12  each member of the board of regents,  except  at-large  members.    Each
   13  nominee  shall  be  a  teacher who is certified in special education and
   14  shall reside in the district represented by the member of the  board  of
   15  regents who nominated him or her.
   16    3. All nominations shall be confirmed by a majority vote of the entire
   17  board of regents.
   18    4.  The  task  force  shall submit its recommendation of an evaluation
   19  system to the governor, the temporary president of the senate,  and  the
   20  speaker  of the assembly, within 12 months of the effective date of this
   21  section.
   22    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10433-02-5