A3289-2011 Actions

• Jun 19, 2012: held for consideration in ways and means
• May 30, 2012: reported referred to ways and means
• Jan 4, 2012: referred to education
• Jun 7, 2011: reported referred to ways and means
• Jan 24, 2011: referred to education

A3289-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3289
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 24, 2011
 
 Introduced by M. of A. WEISENBERG, J. RIVERA, SCHIMEL, BENEDETTO, SPANO,
 MILLMAN,  MAYERSOHN, P. RIVERA, TITUS, JAFFEE, MAISEL, CASTRO, BARRON,
 DUPREY, MOLINARO, McDONOUGH -- Multi-Sponsored by -- M. of A.  ABBATE,
 AMEDORE, BOYLAND, BURLING, CONTE, CRESPO, CROUCH, FINCH, GIGLIO, HOOP
 ER, JEFFRIES, MARKEY, J. MILLER, MONTESANO, PHEFFER, REILLY, ROBINSON,
 SALADINO,  SAYWARD,  SCARBOROUGH, SWEENEY, TEDISCO, THIELE, TOBACCO -
 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:

 

Section 1. Legislative findings and intent. The legislature finds that
 certain students with disabilities are  allowed  extended  testing  time
 according  to their individual education program, or perhaps even accom
 modations provided pursuant to regulations promulgated under section 504
 of the Rehabilitation Act of 1973. The legislature  further  finds  that
 these  students,  as a result of this extended time allowance, are being
 subjected to ten or eleven straight  hours  of  testing  when  they  are
 required to take two regents exams on the same date.
 The  legislature  acknowledges  the department of education's need for
 security concerning the substance  of  the  examination.  As  such,  the
 legislature  understands  the department's continuing hesitance to allow
 these students with disabilities to take the exams on  days  other  than
 which they had been officially scheduled.
 However, the benefits of providing these children with respite between
 each exam far outweighs the potential of one of these students garnering
 information about the exam from another student who had previously taken
 the  exam.  Therefore,  it is the intent of this legislature to have the
 commissioner of education implement  a  process  whereby  students  with
 certain  disabilities  are  not  required  to take more than one regents
 examination in any given day.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01577-01-1
 
       A. 3289                             2
 

S 2. The education law is amended by adding a new section 319 to  read
 as follows:

 

S  319.  EXAMINATION  OF  STUDENTS WITH DISABILITIES. THE COMMISSIONER
 SHALL PROMULGATE REGULATIONS ESTABLISHING GUIDELINES WHICH PROVIDE  THAT
 ANY  CHILD  WHO HAS EXTENDED TESTING TIME PROVISIONS ON HIS OR HER INDI
 VIDUALIZED EDUCATION PROGRAM, OR  WHO  RECEIVES  EXTENDED  TESTING  TIME
 ACCOMMODATIONS  PURSUANT  TO  SECTION  504  OF THE REHABILITATION ACT OF
 1973, IS PROVIDED AN OPPORTUNITY TO ONLY TAKE ONE REGENTS EXAMINATION ON
 ANY GIVEN DAY.
 

S 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend
 ment,  and/or  repeal of any rule or regulation necessary for the timely
 implementation of this act on its effective date is hereby authorized to
 be made on or before such effective date.

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