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