A02611 Summary:

BILL NOA02611A
 
SAME ASSAME AS UNI. S02398-A
 
SPONSOROrtiz
 
COSPNSR
 
MLTSPNSR
 
Amd S342, Ed L
 
Establishes procedures and guidelines for which a test subject may request and obtain information and materials regarding a standardized test.
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A02611 Actions:

BILL NOA02611A
 
01/17/2013referred to education
01/08/2014referred to education
02/19/2014amend and recommit to education
02/19/2014print number 2611a
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A02611 Floor Votes:

There are no votes for this bill in this legislative session.
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A02611 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2398--A                                            A. 2611--A
 
                               2013-2014 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 17, 2013
                                       ___________
 
        IN  SENATE  -- Introduced by Sens. LAVALLE, LARKIN, ZELDIN -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Higher Education -- recommitted to the Committee on  Higher  Educa-
          tion 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. ORTIZ -- read once and referred to
          the Committee on Education -- recommitted to the Committee  on  Educa-
          tion  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 the administration  of
          standardized tests
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 342 of the education law, as added
     2  by chapter 813 of the laws of 1980, the closing paragraph as amended  by
     3  chapter  565 of the laws of 1986, is amended and two new subdivisions 12

     4  and 13 are added to read as follows:
     5    2. [Within ninety days after filing a standardized  test  pursuant  to
     6  subdivision one of this section and for a period of not less than ninety
     7  days after the offer is made] a. At or thirty days prior to the adminis-
     8  tration of a standardized test, and for a period of not less than ninety
     9  days  after  the  administration of a standardized test, the test agency
    10  shall provide to the test subject the opportunity to [secure] request:
    11    [a.] (i) a copy of the test  questions  used  to  calculate  the  test
    12  subject's raw score;
    13    [b.]  (ii) a copy of the test subject's answer sheet, or answer record
    14  where there is no answer sheet, together with  a  copy  of  the  correct
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03785-02-4

        S. 2398--A                          2                         A. 2611--A
 
     1  answer  sheet to the same test with questions used to calculate the test
     2  subject's raw score so marked; and
     3    [c.]  (iii)  a statement of the raw score used to calculate the scores
     4  reported to the test subject.
     5    [The agency may charge a nominal fee for providing  such  information,
     6  not to exceed the direct cost thereof.]
     7    b.  The  test  agency  shall  provide  a means for the test subject to
     8  request the information described in subparagraphs (i), (ii)  and  (iii)

     9  of paragraph a of this subdivision through an online internet based link
    10  or test agency home page.
    11    c.  Forty-five  days  after  the results of any standardized tests are
    12  released, the test agency shall make available to any test  subject  who
    13  has  requested  the  materials  described in subparagraphs (i), (ii) and
    14  (iii) of paragraph a of this subdivision  with  those  materials  within
    15  twenty-five days after they have received such request.
    16    d.  Each  test agency shall maintain a record of all such requests for
    17  each test administration for a period of one year after such test admin-
    18  istration and provide the total number of requests for such test  admin-
    19  istration in an annual report to the department.

    20    e.  Each  test  agency  shall maintain a record of the total number of
    21  errors found by the test subject and an explanation of  the  reason  for
    22  such  errors  and  what the outcome was regarding any change in the test
    23  subject's raw score and scaled score.
    24    f. The agency may charge a nominal fee which shall be limited  to  ten
    25  dollars,  for  making  this  information available, and further, that at
    26  least twenty percent of the year-to-year increase  in  total  management
    27  salaries  paid by the test agency and twenty percent of the year-to-year
    28  increase in total income of the test agency shall be accounted for sepa-
    29  rately and allocated directly for the sole purpose  of  maintaining  the

    30  nominal  fee  stipulated  herein  for  making the materials described in
    31  subparagraphs (i), (ii) and (iii) of paragraph  a  of  this  subdivision
    32  available to the test subjects who have requested such materials.
    33    g.  Notwithstanding any other provision in this section, a test agency
    34  shall permit a test subject to elect in writing  or  online  through  an
    35  internet  based  link or test agency home page, this opportunity both at
    36  the time the test subject registers to take a test and at the  time  the
    37  test  agency reports test scores to the test subject; provided, however,
    38  that the provisions of this paragraph shall not apply where  either  the
    39  materials  described  in  [paragraph (a) or (b)] subparagraphs (i), (ii)

    40  and (iii) of paragraph a of this subdivision  are  provided  during  the
    41  test  administration.  The  form permitting such election shall describe
    42  the opportunity offered pursuant to this subdivision in clear and  plain
    43  English  and shall be part of and included in the test registration form
    44  and in a form provided to the test subject at the time test  scores  are
    45  reported  to  the  test  subject.  Such  form  permitting  such election
    46  describing the opportunity to obtain the materials set forth in subpara-
    47  graphs (i), (ii) and (iii) of paragraph a of this subdivision shall also
    48  be  available  on  the  test  agency's  web  site  and   shall   provide
    49  instructions on how to request these materials electronically.
    50    12. a. There is hereby established the New York state board of testing

    51  integrity  within  the  department.    Such  board shall consist of nine
    52  members who shall each serve three year  terms.  Two  members  shall  be
    53  appointed  by the governor, two members shall be appointed by the tempo-
    54  rary president of the senate and two members shall be appointed  by  the
    55  speaker  of the assembly. The commissioner, the attorney general and the
    56  comptroller, or their designee shall also serve on the board. The  focus

        S. 2398--A                          3                         A. 2611--A
 
     1  of  the board shall be to represent and protect at all times and for all
     2  instances the interest of the test subject while maintaining the  integ-
     3  rity of the testing process.

     4    b.  The board shall be responsible to maintain, assess and make recom-
     5  mendations to the regents all aspects of the administration of standard-
     6  ized testing in New  York,  as  defined  in  this  article.  This  shall
     7  include, but shall not be limited to:
     8    (i) the registration process.
     9    (ii)  compliance  with  all  applicable  rules  and laws regarding the
    10  disclosure of relevant and required information.
    11    (iii) the test subject's ability to obtain test questions, the correct
    12  answers to those questions and the test subject's test answers.
    13    (iv) the security of the  testing  process,  including  the  handling,
    14  packaging,  transporting,  scoring  and  recording  of  all  test answer
    15  sheets.

    16    c. The board may review the testing questions to  identify  biases  in
    17  the  questions  or  other  possible  testing issues which may affect the
    18  scores of any particular gender, ethnic or religious group.   The  board
    19  may review all aspects of the testing environment for overall equity for
    20  all test subjects in New York state.
    21    d.  Once  a  year  the  board  shall  oversee a process by which a one
    22  percent sample of a previously administered standardized  test  by  each
    23  test  agency offered in New York state are rescored to examine accuracy,
    24  and consistency of scoring on all portions of the standardized test.
    25    e. The process of sampling and rescore shall be conducted by the  test

    26  agency  administrating  standardized tests in New York, who shall make a
    27  report to the board not more  than  sixty  days  after  completing  this
    28  rescoring  which  will  identify  any  errors in scoring, the reason for
    29  those errors and what is being  done  to  correct  such  errors  in  the
    30  future.
    31    13.  A  fee  of  one  dollar shall be paid by the test agency for each
    32  standardized test administered in New York state, which shall be  depos-
    33  ited  in an account established by the New York state comptroller, which
    34  shall be used by the New York state board of testing integrity to  cover
    35  the costs associated therewith.
    36    §  2.  This  act  shall  take  effect  on  the first of September next

    37  succeeding the date on which it shall have become a law. A  test  agency
    38  shall  not  be  required to revise its application brochure or forms for
    39  the test year commencing September 1, 2015 to incorporate  the  require-
    40  ments of this act.
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