S T A T E   O F   N E W   Y O R K
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    S. 2116--A                                            A. 3050--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

IN  SENATE  --  Introduced by Sens. LAVALLE, LANZA, MARCHIONE, SEWARD --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on Education -- recommitted to the Committee on 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. NOLAN, JAFFEE, THIELE, FAHY, OTIS,
  SCHIMEL  --  read  once  and referred to the Committee on Education --
  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:

  Section 1. The education law is amended by adding a new article 7-B to
read as follows:
                               ARTICLE 7-B
                  TRUTH IN TESTING FOR THE COMMON CORE
SECTION 349-A. DEFINITIONS.
        349-B. DISCLOSURE.
        349-C. REPORTING.
        349-D. APPEALS PROCESS.
        349-E. STUDENTS WITH DISABILITIES.
        349-F. ENGLISH LANGUAGE LEARNERS.
        349-G. EXTENUATING CIRCUMSTANCES.
        349-H. INDEPENDENT AUDIT.
        349-I. STATE-WIDE SURVEY.
  S 349-A. DEFINITIONS. AS USED IN THIS ARTICLE: 1.  "TEST"  OR  "COMMON
CORE STATE TEST" MEANS ANY STATE CREATED, DEVELOPED OR ADMINISTERED TEST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03275-02-6
              

S. 2116--A                          2                         A. 3050--A

GIVEN  IN  NEW YORK STATE TO STUDENTS IN ENGLISH LANGUAGE ARTS AND MATH-
EMATICS THAT TEST STUDENTS' KNOWLEDGE AND SKILLS RELATING TO COMMON CORE
STANDARDS.
  2.  "COMMON  CORE"  MEANS THE NEW YORK STATE P-12 COMMON CORE LEARNING
STANDARDS (CCLS) FOR ENGLISH LANGUAGE ARTS AND MATHEMATICS ON WHICH  NEW
YORK STATE COMMON CORE TESTS WILL BE BASED.
  3.  "COMMISSIONER" MEANS THE COMMISSIONER OF EDUCATION OF THE STATE OF
NEW YORK.
  4. "TEST SUBJECT" MEANS ANY INDIVIDUAL TO WHOM A TEST IS ADMINISTERED.
  5. "TEST AGENCY" MEANS ORGANIZATION, ASSOCIATION,  CORPORATION,  PART-
NERSHIP  OR  INDIVIDUAL  THAT  DEVELOPS,  SPONSORS OR ADMINISTERS A TEST
PROVIDED HOWEVER THAT THE DEPARTMENT SHALL NOT BE  INCLUDED  WITHIN  THE
DEFINITION OF A TEST AGENCY FOR PURPOSES OF THIS ARTICLE.
  6.  "TEST  YEAR"  MEANS  THE  TWELVE-MONTH PERIOD COMMENCING SEPTEMBER
FIRST DURING WHICH THE TEST AGENCY ADMINISTERS A PARTICULAR TEST.
  7. "CHILD WITH A DISABILITY" OR A "STUDENT WITH A DISABILITY" SHALL BE
DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER.
  8. "ENGLISH LANGUAGE  LEARNER"  MEANS  A  TEST  SUBJECT  WHOSE  NATIVE
LANGUAGE IS NOT ENGLISH.
  9.  "ANCHOR  ITEMS"  OR  "LINKING ITEMS" MEANS ITEMS BASED ON THE SAME
MATERIAL IN DIFFERENT FORMS ON A TEST OR MULTIPLE  TESTS  GIVEN  IN  THE
SAME  YEAR  TO  DIFFERENT GRADE LEVELS OR IN DIFFERENT YEARS TO THE SAME
GRADE LEVEL THAT ARE SCALED IN SUCH A WAY TO ENSURE THAT A  GIVEN  SCORE
REPRESENTS THE SAME LEVEL OF PERFORMANCE, REGARDLESS OF THE TEST FORM OR
YEAR,  THAT  ARE USED TO LINK DIFFERENT FORMS OF A TEST AND EQUATE THEM;
AND TO ENSURE THAT SUCH ITEMS REPRESENT A  STABLE  LEVEL  OF  DIFFICULTY
OVER TIME.
  10.  "FIELD  TEST ITEMS" MEANS UN-SCORED ITEMS THAT ARE USED TO GATHER
DATA FOR USE ON FUTURE SCORED TESTS.
  S 349-B. DISCLOSURE. 1.  THIRTY DAYS AFTER THE ADMINISTRATION  OF  ANY
COMMON CORE STATE TEST IN ENGLISH LANGUAGE ARTS AND MATHEMATICS GIVEN TO
TEST  SUBJECTS,  FIFTY PERCENT OF THE TEST ITEMS, AFTER EXCLUDING ANCHOR
ITEMS OR LINKING ITEMS, AND FIELD TEST ITEMS SHALL BE  RELEASED  TO  THE
PUBLIC.
  2.  AFTER  THE  SECOND  YEAR  OF ADMINISTRATION OF A COMMON CORE STATE
TEST, FULL DISCLOSURE OF ALL TEST ITEMS THAT  ARE  THE  BASIS  FOR  TEST
SUBJECTS' SCORES, SHALL BE RELEASED TO THE PUBLIC. POSTING OF TEST ITEMS
AND  CORRECT  ANSWERS  ON THE DEPARTMENT'S WEBSITE SHALL CONSTITUTE FULL
DISCLOSURE REQUIRED BY THIS SECTION.
  S 349-C. REPORTING. THE COMMISSIONER, BEGINNING JULY FIRST, TWO  THOU-
SAND EIGHTEEN AND ANNUALLY THEREAFTER, SHALL REPORT TO THE GOVERNOR, THE
SPEAKER  OF  THE  ASSEMBLY,  THE  TEMPORARY PRESIDENT OF THE SENATE, THE
CHAIR OF THE ASSEMBLY HIGHER EDUCATION COMMITTEE AND THE  CHAIR  OF  THE
SENATE HIGHER EDUCATION COMMITTEE ON:
  1.  THE  EFFECTIVENESS OF COMMON CORE STATE TESTS IN ENHANCING STUDENT
LEARNING AND PERFORMANCE;
  2. THE FAIRNESS AND APPROPRIATENESS  OF  TEST  ITEMS  FOR  EACH  GRADE
LEVEL,  INCLUDING  THE  PERCENTAGE OF TEST ITEMS FOUND TO BE ABOVE GRADE
LEVEL;
  3. THE CORRELATION BETWEEN TEST SCORES AND  GRADE  POINT  AVERAGES  OF
TEST SUBJECTS TAKING COMMON CORE STATE TESTS;
  4. A STATISTICAL ANALYSIS OF STUDENT PERFORMANCE BASED ON SOCIOECONOM-
IC, GENDER, RACE AND ETHNICITY, AND REGIONAL FACTORS;
  5.  THE  EFFECTIVENESS  OF  THE  TEST  AGENCY  AS THE TEST DEVELOPMENT
VENDOR; AND

S. 2116--A                          3                         A. 3050--A

  6. FACTORS TO BE CONSIDERED IN DETERMINING WHETHER  TO  CONTINUE  WITH
THE  CURRENT  TEST  AGENCY, OR OTHER VENDOR AS A TEST AGENCY, OR UTILIZE
PARTNERSHIP FOR ASSESSMENT OF READINESS FOR COLLEGE AND CAREERS  (PARCC)
TESTS IN TWO THOUSAND NINETEEN.
  S  349-D.  APPEALS  PROCESS. THE COMMISSIONER SHALL DEVELOP GUIDELINES
AND PROCEDURES FOR PARENTAL APPEALS OF TEST SUBJECTS'  SCORES  BASED  ON
CLEAR  PROOF  THAT SUCH TEST SUBJECTS' SCORES ARE NOT REFLECTIVE OF SUCH
TEST SUBJECTS' ABILITIES. SUCH PROOF MAY INCLUDE BUT NOT BE  LIMITED  TO
GRADES  RECEIVED  ON  CLASSROOM  WORK  DURING  THE  TEST  YEAR OR SCORES
RECEIVED ON PAST COMMON CORE STATE TESTS GIVEN TO THE  TEST  SUBJECT  IN
PREVIOUS YEARS.
  S  349-E. STUDENTS WITH DISABILITIES. STUDENTS WITH DISABILITIES SHALL
BE PROVIDED WITH THE TESTING ACCOMMODATIONS SPECIFIED IN THEIR  INDIVID-
UAL  EDUCATION PROGRAMS (IEPS) OR THEIR SECTION FIVE HUNDRED FOUR ACCOM-
MODATION PLANS (504 PLANS).
  S 349-F. ENGLISH LANGUAGE LEARNERS.  THE  COMMISSIONER  SHALL  DEVELOP
TESTING  ACCOMMODATION GUIDELINES FOR ENGLISH LANGUAGE LEARNERS THAT MAY
INCLUDE TIME EXTENSIONS, SEPARATE TEST LOCATIONS,  TRANSLATED  EDITIONS,
BILINGUAL DICTIONARIES AND GLOSSARIES, ORAL TRANSLATIONS FOR LOWER-INCI-
DENT LANGUAGES AND WRITTEN RESPONSES IN NATIVE LANGUAGES.
  S  349-G.  EXTENUATING CIRCUMSTANCES. THE COMMISSIONER SHALL DEVELOP A
PROCEDURE TO ALLOW A TEST SUBJECT TO  RECEIVE  A  ONE-TIME  WAIVER  FROM
TAKING  A  COMMON  CORE STATE TEST BASED ON EXTENUATING CIRCUMSTANCES OR
GOOD CAUSE SHOWN PURSUANT TO THE COMMISSIONER'S REGULATIONS.
  S 349-H. INDEPENDENT AUDIT. NOT LATER THAN  MAY  FIRST,  TWO  THOUSAND
EIGHTEEN  THE COMMISSIONER SHALL UNDERTAKE TO HAVE A COMPREHENSIVE INDE-
PENDENT AUDIT PERFORMED BY AN  INDEPENDENT  CONTRACTOR,  NOT  AFFILIATED
WITH  A  TEST AGENCY. SUCH CONTRACTOR SHALL HAVE A BACKGROUND AND EXPER-
TISE IN EDUCATIONAL TESTING. THE AUDIT SHALL  REVIEW  AND  EVALUATE  THE
COMMON  CORE  TESTING PROGRAM IN THE STATE. THE SCOPE OF THE AUDIT SHALL
INCLUDE BUT NOT BE LIMITED TO TEST PREPARATION; WHETHER TESTS WERE FAIR,
UNBIASED, PROPERLY  PRE-TESTED  AND  GRADE  APPROPRIATE,  INCLUDING  THE
PERCENTAGE  OF  TEST  ITEMS  FOUND  TO BE ABOVE GRADE LEVEL; WHETHER THE
TESTS WERE PROPERLY ADMINISTERED AND SCORED;  AND,  HOW  THE  DEPARTMENT
DEALT WITH TEACHER, STUDENT AND PARENT CONCERNS, COMPLAINTS AND APPEALS.
SUCH  AUDIT  SHALL BE COMPLETED BY OCTOBER FIFTEENTH, TWO THOUSAND EIGH-
TEEN AND A COPY SHALL BE TRANSMITTED  TO  THE  GOVERNOR,  THE  TEMPORARY
PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF
THE HIGHER EDUCATION COMMITTEES IN EACH HOUSE.
  S 349-I. STATE-WIDE  SURVEY.  1.  THE  COMMISSIONER  SHALL  CONDUCT  A
STATE-WIDE  SURVEY  OF  SCHOOL ADMINISTRATORS, TEACHERS AND THE DEANS OF
TEACHER EDUCATION AT NEW YORK STATE COLLEGES AND  UNIVERSITIES  RELATING
TO  THE  AMOUNT  OF TIME SPENT ON COMMON CORE STATE TEST PREPARATION AND
THE IMPACT OF SUCH PREPARATION ON THE QUALITY OF  INSTRUCTION.  RESPOND-
ENTS  TO  SUCH  SURVEY  MAY CHOOSE TO REMAIN ANONYMOUS. THE SURVEY SHALL
INCLUDE, BUT NOT BE LIMITED TO QUESTIONS RELATED TO STUDENT AND  TEACHER
MORALE,  TEST  PREPARATION TIME AND THE IMPACT ON CURRICULUM, THE AMOUNT
OF TIME TEACHERS SPEND ALIGNING CURRICULUM TO COMMON CORE  STATE  TESTS,
THE OVERALL IMPACT TESTING HAS ON THE CLASSROOM ENVIRONMENT, THE EFFECTS
THAT THE COMMON CORE TESTING PROGRAM IN NEW YORK STATE HAS ON THE ABILI-
TY  OF TEACHER EDUCATION PROGRAMS TO PLACE STUDENT TEACHERS IN SURROUND-
ING SCHOOL DISTRICTS, AND ANY OTHER  RELEVANT  QUESTIONS  REGARDING  THE
IMPACT  OF  COMMON  CORE  STATE  EXAMS, INCLUDING THE PERCENTAGE OF TEST
ITEMS FOUND TO BE ABOVE GRADE LEVEL.
  2. THIS SURVEY SHALL  RESULT  IN  A  REPORT  BY  THE  DEPARTMENT  THAT
COMPILES  THE DATA RECEIVED FROM THE SURVEY AND THAT DETAILS THE RESULTS

S. 2116--A                          4                         A. 3050--A

AND PROVIDES CONCLUSIONS. SUCH REPORT SHALL BE SUBMITTED TO  THE  GOVER-
NOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE,
THE  CHAIR  OF  THE ASSEMBLY HIGHER EDUCATION COMMITTEE AND THE CHAIR OF
THE  SENATE  HIGHER  EDUCATION  COMMITTEE  BY DECEMBER THIRTY-FIRST, TWO
THOUSAND SEVENTEEN.
  S 2. This act shall take effect immediately, provided that  any  rules
or  regulations  necessary  for  the implementation of this act shall be
promulgated and take effect 180 days after its enactment.