STATE OF NEW YORK
________________________________________________________________________
4790
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to the administration of
exams to students with disabilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. The legislature finds that
2 certain students with disabilities are allowed extended testing time
3 according to their individual education program, or perhaps even accom-
4 modations provided pursuant to regulations promulgated under section 504
5 of the Rehabilitation Act of 1973. The legislature further finds that
6 these students, as a result of this extended time allowance, are being
7 subjected to ten or eleven straight hours of testing when they are
8 required to take two regents exams on the same date.
9 The legislature acknowledges the department of education's need for
10 security concerning the substance of the examination. As such, the
11 legislature understands the department's continuing hesitance to allow
12 these students with disabilities to take the exams on days other than
13 which they had been officially scheduled.
14 However, the benefits of providing these children with respite between
15 each exam far outweighs the potential of one of these students garnering
16 information about the exam from another student who had previously taken
17 the exam. Therefore, it is the intent of this legislature to have the
18 commissioner of education implement a process whereby students with
19 certain disabilities are not required to take more than one regents
20 examination in any given day.
21 § 2. The education law is amended by adding a new section 319 to read
22 as follows:
23 § 319. Examination of students with disabilities. The commissioner
24 shall promulgate regulations establishing guidelines which provide that
25 any child who has extended testing time provisions on his or her indi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00887-01-7
A. 4790 2
1 vidualized education program, or who receives extended testing time
2 accommodations pursuant to section 504 of the Rehabilitation Act of
3 1973, is provided an opportunity to only take one regents examination on
4 any given day.
5 § 3. This act shall take effect on the one hundred eightieth day after
6 it shall have become a law. Effective immediately, the addition, amend-
7 ment, and/or repeal of any rule or regulation necessary for the timely
8 implementation of this act on its effective date is hereby authorized to
9 be made on or before such effective date.
