Update – Release of Personally Identifiable Information

On December 12, 2013, we disseminated information regarding the report released by Senator John Flanagan, based on the testimony  he received during five regional public hearings. Included in the recommendations directed to the State Education Department in connection with the statewide Education Data Portal (EDP) was that “…the Department should impose an immediate one-year delay in the launching of the full operation of the EDP until school districts have sufficiently assessed all the ramifications surrounding this newly designed computer-based technology.” In addition, the Senator has proposed legislation (S-6007), which among other things, calls for a Parents Bill of Rights for Data Privacy and Security.

On November 20, Assembly member Catherine Nolan lead a hearing regarding the release of personally identifiable data. On December 16, 2013, she and 50 other Assembly members sent the attached letter to Education Commissioner John King, indicating that, “We do not believe the State education Department should share this information with InBloom, especially not at this time.” The Assembly letter also references two pieces of legislation that are intended to curb third party access to student data (A-7872-A, Nolan; A-6059, O’Donnell).

Because this is a topic of great concern to many educators and parents, we wanted to provide you this update. We hope you will find it helpful. All the best. …Jim Viola

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New York Granted Federal Waiver to Eliminate Double-Testing in Math

Good afternoon.

This morning, the State Education Department released the information below, announcing the US Department of Education’s approval of New York State’s waiver request to end the “double-testing” of seventh and eighth grade students who take Regents Algebra 1 or Regents Geometry examinations. You will recall that NYSED initially intended to frame the waiver request exclusively around grade 8 students taking the Regents Algebra 1 examination. However, based on public comment, NYSED modified the waiver request to include grade 7 students who take the Algebra 1 Regents and to grade 8 students who take the Geometry Regents.

Seventh and eighth grade students who take a Regents exam in mathematics will be counted as “participants” when the department determines whether a school or district has met the 95 percent participation requirement in mathematics. Other considerations related to school/district accountability are included in the Request for Waiver From Double Testing section, that may be accessed through the links embedded in the full news release (click here to download the full news release from SED).

In order to implement  the waiver, SED must now prepare an action item to be considered and approved by the Board of Regents in order to amend the commissioner’s regulations. Given the strong interest expressed by the board, and most especially by Chancellor Tisch, we expect that such an item will receive quick approval.

We hope that you all had a happy holiday season and we hope that you will find this information helpful. We will continue to keep you updated.

Jim Viola, director of government relations

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The December to January Transition to the Test Assessing Secondary Completion (TASC)

During the month of December the New York State Education Department conducted regional professional development programs for test center coordinators and examiners regarding the transition from the GED® to CTB/McGraw Hill’s Test Assessing Secondary Completion (TASC).  The training for test center personnel augments the training and webinars provided to the field by SED and by the vendor, including an introductory webinar presented by CTB on September 3, 6, and 9; test administration webinars on October 7 and 10; and the accommodations webinar on November 15.

Information and webinars may be accessed on two websites:

• The SED website, http://www.acces.nysed.gov/ged/ includes general information about the TASC and as well as webinars and PowerPoint presentations containing overview and test administration information.
• The TASC website, http://www.tasctest.com/ includes information describing how the test will evolve over the course of the three-year contract, test structure (including sample questions), procedures related to accommodations for individuals with disabilities, and frequently asked questions.

Read more: December2013TASC

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New NY Education Reform Commission

On November 22, Governor Cuomo’s Education Reform Commission convened in the Yonkers Public Library for their third and final public symposium: Optimizing Resources for Student and School Success. Commission members heard from national and local education experts who described New York State’s current system of fiscal support for schools and students, and recommended revisions of varying magnitudes.

Read more:  Dec2013GovCommission.pdf

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Board of Regents – State Aid Proposal

On December 16, the Regents State Aid Subcommittee, chaired by Regent James Tallon, discussed an action item regarding the State Education Department’s 2014-15 proposal regarding state aid to school districts. In total, the proposal calls for an increase of $1.3 billion. The proposal is intended to provide more equitable funding for high needs school districts, and increase “investments” in universal pre-kindergarten programs and professional development. The increased funds would be directed to the following purposes:

• $1 Billion – For general support to schools, including $719 million in Transitional Operating Aid  that will contribute to base aid formulas, including the Foundation Aid formula, and make progress toward the elimination of the gap elimination adjustment (GEA). It would also include $281 million for reimbursement-based programs, including Transportation Aid, Building Aid, and BOCES Aid.

•  $125 Million – to support early childhood programs and Universal Pre-kindergarten.

• $125 Million – to provide professional development to educators and parents to better understand the common core learning standards. The Regent described the transition to common core as “generational” in terms of its timeline for full implementation and signaled that an amount exceeding $125 million will likely be included the Regents state aid proposal for 2015-16. He also explained that a formula will need to be developed for the allocation of such funds.

• $50 million – to help support the costs of new textbooks, hardware, technology, and software aligned with common core learning standards.

The Regents state aid proposal also calls for enhanced BOCES Aid for Career and Technical Education programs, discontinuing the current limitation of aid based on the first $30,000 of instructor salaries. The proposal also calls for improvement of incentives offered to school districts to reorganize, including the establishment of regional secondary schools.

The Regents State Aid proposal will be provided to Governor Cuomo and members of the state legislature prior to the presentation of the proposed Executive budget plan in January. For more information regarding the Board of Regents meeting or the State Education Department’s state aid recommendation, contact James Viola, Director of Government Relations at JViola@saanys.org

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Recommended Actions for SED and Legislature Accrue from Senate Hearings

Senator Flanagan, chairperson of the Senate Education Committee, conducted five regional hearings between September 17 and November 13 in order to assess progress in regard to “The Regents Reform Agenda.” On December 12, the senator released a report on behalf of committee members that includes recommended actions to be taken by the State Education Department and by members of the state legislature. The Senate Committee report states that, “Repeatedly, over the course of thirty hours, 115 witnesses testified and close to 1000 pages of written testimony were received as part of the public record. All addressed significant and deep concerns about testing, privacy, the implementation of common core, and the lack of meaningful communication between SED and all stakeholders.”

Read more:  RecommendedActionsForSED.pdf

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Report from Senator Flanagan’s Regional Hearings

Good afternoon.
Senator Flanagan, chairperson of the Senate Education Committee, conducted five regional hearings between September 17 and November 13 in order to assess progress in regard to “The Regents Reform Agenda.” Earlier today, the senator released a report in which he suggests actions to be taken by the State Education Department and outlines details related to legislation to be introduced. The link below will provide access to a CapitalNewYork.com article. A link in the second paragraph of the article will provide access to the Report of the Senate Education Committee.

http://www.capitalnewyork.com/article/albany/2013/12/8537316/senate-ed-chair-proposes-bills-reduce-testing-increase-privacy

The report recommends SED take the following actions:

• Expedite federal waivers from mandates on various testing restrictions, including those for students with disabilities and English language learners
• Produce missing modules “immediately”
• Align assessments proportionately to the curriculum actually implemented
• Delay operation of the Education Data Portal for one year
• Increase funding for professional development

The report signals the following legislative actions to be taken:

• “P-2” bill to ban standardized testing in grades Pre-K through grade 2
• “Unnecessary Testing” bill to require the commissioner to expedite a review of APPR plans solely to eliminate unnecessary student assessments
• Privacy bill to strengthen protections of personal information stored on the statewide data portal, and to establish significant civil and criminal penalties for unauthorized disclosure, and create independent oversight within SED on matters related to poverty
• Truth-In-Testing bill to require the commissioner to report on the effectiveness of common core state tests and require an independent audit to review and evaluate the common core testing program

SAANYS delivered testimony at the October 1 senate hearing that was held in Syracuse, New York. That testimony is posted and available on the SAANYS website. Following the hearings, on November 18, SAANYS Executive Director Kevin Casey, along with leaders from other educational organizations, met with Senator Flanagan to discuss the testimony delivered at the hearings and to suggest possible courses of action in regard to pre-k through grade 2 testing, personally identifiable student information, and implementation of the Regents reform agenda. The recommendations provided by SAANYS are attached.

We hope that you will find this information helpful. We will continue to keep you informed.

Jim Viola, SAANYS director of government relations

IP Senator Flanagan – 3 Issues

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Personally Identifiable Student Information

On November 20, Assembly Education Committee Chairwoman Catherine Nolan conducted a hearing in the Albany Legislative Office Building in order to receive testimony in regard to the release of personally identifiable student information. Many who testified, and many assembly members, expressed strong concern about the types and amount of data collected and how it would be used and protected. Conspicuous by their absence was a representative of inBloom. The chairwoman indicated that she reached out to the inBloom company and was informed through an e-mail message from company spokesperson Adam Gaber that staff was unable to attend the hearing due to prior commitments. The Assemblywoman characterized inBloom’s actions in this regard as a “red flag.”

The hearing also focused upon two legislative bills, each of which would amend Education Law by adding a new Section 3212-b. The bills are:
•    A-7872-A by Assembly member Catherine Nolan
•    A-6059-A by Assembly member Daniel O’Donnell

SAANYS testimony supported neither bill completely, but on a comparative basis, was more supportive of bill 6059-A.

Bill 7872-A would permit parents, guardians, and students at or above 18 years of age to initiate a new “opt-out” procedure for the disclosure of personally identifiable information and biometric records using a form to be developed by the State Education Department (SED) and procedures to be implemented by SED and by school districts.

Bill 6059-A would safeguard confidentiality through consent procedures that would be appropriately augmented by 14 safeguards that apply to all students. Some of the safeguards address long-standing federal confidentiality requirements (such as internal access being restricted to those individuals who have a legitimate educational interest); other safeguards are new and appropriate, such as the use of encryption technology to protect data in motion. The standards also address the manner and extent to which individual student data may be used, what should happen upon the completion/termination of contracts, and what must be done in cases of suspected and actual data breaches. The bill also addresses the use of confidential student data for studies and prohibits its use for commercial purposes. Moreover, the bill includes appropriate indemnification provisions in regard to the payment of all costs and liabilities incurred by SED or by school districts, as well as a system of graduated fiscal penalties for violations by vendors.

Neither bill includes an allocation to SED or school districts to support implementation. Bill 7872-A would require parents, guardians, and age-appropriate students to research third parties and  submit opt-out materials to SED and/or school districts in order to restrict the disclosure of personally identifiable information. Bill 6059-A would impose a new and burdensome annual report procedure upon SED and all school districts.
The SAANYS testimony is posted at saanys.org.

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SED Updates – 11/26/13

Good afternoon.

The e-mail message below was received last night from Deputy Commissioner Ken Wagner and pertains to important recent events. We hope that you will find this information helpful, and we wish you all the best for a happy and safe Thanksgiving Holiday.

Jim Viola, SAANYS Director of Government Relations

____________

Colleagues,

See below for a few recent updates that you may find useful.

 

(1) In October, the Board of Regents discussed Performance Levels for the Common Core Regents Exams, to be first administered in June 2014 (see http://www.regents.nysed.gov/meetings/2013Meetings/October2013/1013p12d4.pdf). In November, staff proposed five performance levels, with separate cut scores analogous to the current score of 65 (necessary for credit and graduation purposes) and the current scores of 75/80 (the aspirational performance measures). If approved by the Board, these performance levels will allow similar percentages of students to pass Common Core Regents Exams for graduation and credit purposes as currently pass the existing Regents Exams.  See http://www.regents.nysed.gov/meetings/2013Meetings/November2013/CommonCoreRegentsExams.pdf.

 

(2) At its November 2013 meeting, the Board of Regents adopted an emergency rule that provides at local discretion an additional opportunity, at the January 2014 examination administration, for students enrolled in Common Core ELA courses to meet diploma requirements by passing either the Regents Comprehensive Examination in English or the Regents Examination in English Language Arts (Common Core). The updated field memo is posted at http://www.p12.nysed.gov/assessment/commoncore/transitionccregents1113.pdf.

(3) In 2014, the Estimated Time on Task (ETOT, or how long it will take the student to complete the test) will decrease on the grades 3-8 math tests. The math tests will have fewer questions and, therefore, will take less time to complete. Due to fewer questions on the math tests, the session length (how long students will be given to complete a test) on Day 1 and Day 2 has decreased by 10 minutes each day, resulting in a total decrease in testing time of 20 minutes per grade. 

 

In 2014, the Estimated Time on Task (ETOT, or how long it will take the student to complete the test) will decrease on the grades 5-8 English language arts (ELA) tests. The ELA tests in these specific grades will have fewer passages and questions on Day 2 and, therefore, the ETOT will decrease by 10 minutes. The ELA session time is remaining the same in 2014 based on field concerns that students have sufficient time to complete the test.

 

This information will be released shortly when the 2014 Test Guides are posted.

The operational test length in 2014 was reduced by moving embedded field test items from the operational tests to standalone field tests.

In addition, the Department has submitted a legislative budget request to eliminate grades 3-8 ELA and math multiple-choice standalone field tests by increasing the number of operational test forms. If this budget request is granted, all multiple choice field test questions would be included in the operational test, without increasing testing time. This would reduce the number of students by 42% who need to take standalone field tests. We would continue to need standalone field tests for constructed response questions only.

 (4) Testimony on the data security and privacy protections contained in the EngageNY Portal was presented to the Assembly Education Committee and posted at http://usny.nysed.gov/docs/presentations/enyp-assembly-education-committee.pdf.

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AIS Flexibility Approved During Regents Meeting

The Board of Regents met in Albany on September 16 and 17. Noteworthy actions and discussions of the board follow:

Academic Intervention Services

The board approved emergency action to amend regulations §100.2(ee), to provide school districts flexibility for the provision of Academic Intervention Services.  For ELA and Math in grades 3 through 8, the following scale scores are applicable:

For ELA: Grade 3, 299; Grade 4, 296; Grade 5, 297; Grade 6, 297; Grade 7, 301; Grade 8, 302
For Math: Grade 3, 293; Grade 4, 284; Grade 5, 289; Grade 6, 289; Grade 7, 290; Grade 8, 293

School districts will be required to establish a policy to determine what services, if any, to provide in 2013-14 to students who are above the transitional cut scores but below proficiency on the 2013 assessments. By November 1, 2013, each school district must post to its website or distribute to parents in writing a description of its uniform AIS process. The Regents’ action in regard to AIS is applicable to the 2013-14 school year only. The board will determine whether revisions are needed subsequently.

Transition from the GED® to Test Assessing Secondary Completion

Deputy Commissioner Kevin Smith provided updated information regarding the SED’s transition from the current GED® tests to the Tests Assessing Secondary Completion, effective in January 2014. He pointed out that the new tests are currently under development by CTB/McGraw Hill. The tests will be administered in a paper-pencil format until testing sites develop technical capacity, and test content will become common core aligned over a term of three years. Smith also indicated that SED is looking into whether scores on the current GED® can be cross-walked to the TASC and remain applicable for a period of time (e.g., two years).

Regents Research Paper a Diploma Requirement

A discussion item was presented for the establishment of a new section of regulations, §100.5(a)(9),  to require students first entering grade 9 in September 2014 and thereafter to complete a Regents Research Paper as a graduation requirement, not as a prerequisite to take a Regents examination.  The school principal would be responsible to certify and maintain records on which students completed the new requirement. Deputy Commissioner Kenneth Slentz pointed out that although the research paper requirement is directly linked to the Common Core Learning Standards for English Language Arts and Literacy, the paper could be completed for other subjects such as science and social studies, with appropriate sign-off by such teachers. This item will now be published in the State Register for public comment and will be brought back to the Regents for action in November.

Career and Technical Education

The Board of Regents directed department leadership to develop regulations to provide additional career and technical education options for students to graduate college and career ready. It is expected that the proposed regulations will address integrated academic credit as a means to promote student engagement and CTE course-taking.

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