S05540 Summary:

Add Art 7-B SS349-a - 349-i, Ed L
Relates to truth in testing for the common core.
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S05540 Actions:

05/30/2013PRINT NUMBER 5540A
04/29/2014PRINT NUMBER 5540B
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S05540 Text:

                STATE OF NEW YORK
            S. 5540--B                                            A. 7442--B
                               2013-2014 Regular Sessions
                SENATE - ASSEMBLY
                                      May 16, 2013
        IN  SENATE  --  Introduced  by Sens. LAVALLE, LATIMER, MARCHIONE -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on Education -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted

          to the Committee on Education in accordance with Senate Rule 6, sec. 8
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
        IN ASSEMBLY -- Introduced by M. of A. NOLAN, RUSSELL,  JAFFEE,  LUPARDO,
          THIELE,  SKARTADOS,  LIFTON,  FAHY  --  read  once and referred to the
          Committee on Education -- committee discharged, bill amended,  ordered
          reprinted  as amended and recommitted to said committee -- recommitted
          to the Committee on Education in accordance with Assembly Rule 3, sec.
          2 -- committee discharged, bill amended, ordered reprinted as  amended
          and recommitted to said committee
        AN  ACT  to  amend the education law, in relation to assess, bi-sect and
          critique through truth in testing
          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 article 7-B to
     2  read as follows:
     3                                 ARTICLE 7-B
     4                    TRUTH IN TESTING FOR THE COMMON CORE
     5  Section 349-a. Definitions.
     6          349-b. Disclosure.
     7          349-c. Reporting.
     8          349-d. Appeals process.
     9          349-e. Students with disabilities.
    10          349-f. English language learners.
    11          349-g. Extenuating circumstances.
    12          349-h. Independent audit.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5540--B                          2                         A. 7442--B
     1          349-i. State-wide survey.
     2    §  349-a.  Definitions.  As used in this article: 1. "Test" or "common
     3  core state test" means any state created, developed or administered test
     4  given in New York state to students in English language arts  and  math-
     5  ematics that test students' knowledge and skills relating to common core
     6  standards.
     7    2.  "Common  core"  means the New York state P-12 common core learning
     8  standards (CCLS) for English language arts and mathematics on which  New
     9  York state common core tests will be based.
    10    3.  "Commissioner" means the commissioner of education of the state of
    11  New York.

    12    4. "Test subject" means any individual to whom a test is administered.
    13    5. "Test agency" means organization, association,  corporation,  part-
    14  nership  or  individual  that  develops,  sponsors or administers a test
    15  provided however that the department shall not be  included  within  the
    16  definition of a test agency for purposes of this article.
    17    6.  "Test  year"  means  the  twelve-month period commencing September
    18  first during which the test agency administers a particular test.
    19    7. "Child with a disability" or a "student with a disability" shall be
    20  defined in section forty-four hundred one of this chapter.
    21    8. "English language  learner"  means  a  test  subject  whose  native
    22  language is not English.

    23    9.  "Anchor  items"  or  "linking items" means items based on the same
    24  material in different forms on a test or multiple  tests  given  in  the
    25  same  year  to  different grade levels or in different years to the same
    26  grade level that are scaled in such a way to ensure that a  given  score
    27  represents the same level of performance, regardless of the test form or
    28  year,  that  are used to link different forms of a test and equate them;
    29  and to ensure that such items represent a  stable  level  of  difficulty
    30  over time.
    31    10.  "Field  test items" means un-scored items that are used to gather
    32  data for use on future scored tests.
    33    § 349-b. Disclosure. 1.  Thirty days after the administration  of  any

    34  common core state test in English language arts and mathematics given to
    35  test  subjects,  fifty percent of the test items, after excluding anchor
    36  items or linking items, and field test items shall be  released  to  the
    37  public.
    38    2.  After  the  second  year  of administration of a common core state
    39  test, full disclosure of all test items that  are  the  basis  for  test
    40  subjects' scores, shall be released to the public. Posting of test items
    41  and  correct  answers  on the department's website shall constitute full
    42  disclosure required by this section.
    43    § 349-c. Reporting. The commissioner, beginning July first, two  thou-
    44  sand  fifteen and annually thereafter, shall report to the governor, the

    45  speaker of the assembly, the temporary  president  of  the  senate,  the
    46  chair  of  the  assembly higher education committee and the chair of the
    47  senate higher education committee on: 1.  the  effectiveness  of  common
    48  core state tests in enhancing student learning and performance;
    49    2.  the  fairness  and  appropriateness  of  test items for each grade
    50  level, including the percentage of test items found to  be  above  grade
    51  level;
    52    3.  the  correlation  between  test scores and grade point averages of
    53  test subjects taking common core state tests;
    54    4. a statistical analysis of student performance based on socioeconom-
    55  ic, gender, race and ethnicity, and regional factors;

        S. 5540--B                          3                         A. 7442--B
     1    5. the effectiveness of  the  test  agency  as  the  test  development
     2  vendor; and
     3    6.  factors  to  be considered in determining whether to continue with
     4  the current test agency, or other vendor as a test  agency,  or  utilize
     5  partnership  for assessment of readiness for college and careers (PARCC)
     6  tests in two thousand sixteen.
     7    § 349-d. Appeals process. The commissioner  shall  develop  guidelines
     8  and  procedures  for  parental appeals of test subjects' scores based on
     9  clear proof that such test subjects' scores are not reflective  of  such
    10  test  subjects'  abilities. Such proof may include but not be limited to

    11  grades received on  classroom  work  during  the  test  year  or  scores
    12  received  on  past  common core state tests given to the test subject in
    13  previous years.
    14    § 349-e. Students with disabilities. Students with disabilities  shall
    15  be  provided with the testing accommodations specified in their individ-
    16  ual education programs (IEPs) or their section five hundred four  accom-
    17  modation plans (504 Plans).
    18    §  349-f.  English  language  learners. The commissioner shall develop
    19  testing accommodation guidelines for English language learners that  may
    20  include  time  extensions, separate test locations, translated editions,
    21  bilingual dictionaries and glossaries, oral translations for lower-inci-

    22  dent languages and written responses in native languages.
    23    § 349-g. Extenuating circumstances. The commissioner shall  develop  a
    24  procedure  to  allow  a  test  subject to receive a one-time waiver from
    25  taking a common core state test based on  extenuating  circumstances  or
    26  good cause shown pursuant to the commissioner's regulations.
    27    §  349-h.  Independent  audit.  Not later than May first, two thousand
    28  fifteen the commissioner shall undertake to have a  comprehensive  inde-
    29  pendent  audit  performed  by  an independent contractor, not affiliated
    30  with a test agency. Such contractor shall have a background  and  exper-
    31  tise  in  educational  testing.  The audit shall review and evaluate the

    32  common core testing program in the state. The scope of the  audit  shall
    33  include but not be limited to test preparation; whether tests were fair,
    34  unbiased,  properly  pre-tested  and  grade  appropriate,  including the
    35  percentage of test items found to be  above  grade  level;  whether  the
    36  tests  were  properly  administered  and scored; and, how the department
    37  dealt with teacher, student and parent concerns, complaints and appeals.
    38  Such audit shall be completed by October fifteenth, two thousand fifteen
    39  and a copy shall be transmitted to the governor, the temporary president
    40  of the senate, the speaker of the assembly and the chairs of the  higher
    41  education committees in each house.

    42    § 349-i. State-wide survey. 1. The commissioner shall conduct a state-
    43  wide  survey of school administrators, teachers and the deans of teacher
    44  education at New York state colleges and universities  relating  to  the
    45  amount  of  time  spent  on  common  core state test preparation and the
    46  impact of such preparation on the quality of instruction. Respondents to
    47  such survey may choose to remain anonymous. The  survey  shall  include,
    48  but  not  be limited to questions related to student and teacher morale,
    49  test preparation time and the impact on curriculum, the amount  of  time
    50  teachers spend aligning curriculum to common core state tests, the over-
    51  all  impact  testing  has on the classroom environment, the effects that

    52  the common core testing program in New York state has on the ability  of
    53  teacher  education  programs  to  place  student teachers in surrounding
    54  school districts, and any other relevant questions regarding the  impact
    55  of common core state exams, including the percentage of test items found
    56  to be above grade level.

        S. 5540--B                          4                         A. 7442--B
     1    2.  This  survey  shall  result  in  a  report  by the department that
     2  compiles the data received from the survey and that details the  results
     3  and  provides  conclusions. Such report shall be submitted to the gover-
     4  nor, the speaker of the assembly, the temporary president of the senate,

     5  the  chair  of  the assembly higher education committee and the chair of
     6  the senate higher education  committee  by  December  thirty-first,  two
     7  thousand fourteen.
     8    §  2.  This act shall take effect immediately, provided that any rules
     9  or regulations necessary for the implementation of  this  act  shall  be
    10  promulgated and take effect 180 days after its enactment.
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