NY State Senate Bill 2013-S2220

Senate Bill S2220

2013-2014 Legislative Session

Relates to pre and post test reporting requirements, test site registration and sign in, and establishes crime related to educational testing fraud

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to higher education
Jan 14, 2013	referred to higher education

2013-S2220 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§340, 344 & 344-b, add §344-d, Ed L; add §§170.80, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S7088

2013-S2220 (ACTIVE) - Summary

Relates to pre and post test reporting requirements, test site registration and sign in, and establishes crimes related to educational testing fraud.

2013-S2220 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2220

TITLE OF BILL:  An act to amend the education law, in relation to pre
and post test reporting requirements and test site registration and
sign in; and to amend the penal law, in relation to establishing the
crime of criminal facilitation of educational testing fraud

PURPOSE:  To amend the education law to authorize testing agencies to
temporarily suspend a standardized test score and turn a case over to
proper authorities upon a finding that substantial evidence of test
irregularity exists and to report such information to the test
subject's home high school to require test subjects to provide certain
forms of identification in order to sit for a standardized test and to
amend the penal law to criminalize certain behavior in relation to
cheating on an exam.

SUMMARY OF PROVISIONS:

Section 1: Amends section 340 of the education law to add four new
definitions to Article 7A.

Section 2: Amends section 344 of the education law to clarify that
test agencies can report the cancellation of a test pursuant to
subdivision eight-a of section 344-b of the education law.

Section 3: Amends subdivision 3 of section 344-b of the education law

to clarify that test agencies can report the cancellation of a test
score.

Section 4: Amends section 344-b of the education law to add a new
subdivision 5-a to authorize a test agency to temporarily suspend a
test subject's score.

Section 5: Amends subdivision 6(c) and 7 of section 344-b of the
education law to clarify that if a test agency temporarily suspends a
test subject's test score and refers the case to the proper
authorities, the test subject shall have an opportunity to make claims
of innocents to the proper authorities.

Section 6: Amends section 344-b of the education law and adds two new
sections, 8-a and 8-b in relation to temporary suspensions of test
scores upon a finding of test irregularity, which leads the test
agency to turn the case over to the proper authorities.

Section 7: Amends the education law to add a new section 344-d in
relation to pre and post test reporting requirements and test site
registration and sign in requirements.

Section 8: Amends the penal law to create the crime of criminal
facilitation of educational testing fraud.

Section 9: Requires the test agencies who administer the SAT or ACT to
report to the higher education committees in each house one year from
the effective date of this act.

Section 10. Sets for the effective date.


JUSTIFICATION:  This bill is necessary to create deterrents from
cheating on post secondary standardized tests, to improve
identification verification of those who take such exams in this state
and to criminalize the facilitation of behaviors that rise to the
level of criminal impersonation in relation to taking a standardized
test.

In recent months, an SAT cheating scandal was discovered on Long
Island.  It was found that high school students were paying large sums
of money to college students who falsified identifications and took
the SATs for them. This scandal included up to 50 students, some of
who were middle men who connected the impersonating test takers with
the high school students who had the ability to pay up to $3,600 for
another to take the exam for them.

The Senate Standing Committee on Higher Education held hearings on
this issue in October of 2011. It was discovered that lax test site
identification procedures and no test taker reporting requirements;
along with test taker's due process rights under the education law,
allowed such egregious conduct to occur. NYS law specifically
delineates what a testing agency is allowed to do upon the discovery
of cheating.  There is nothing in relation to the regulation of
standardized tests that would be a deterrent from cheating and there
are no specific criminal penalties with regard to criminal
facilitation of educational testing fraud.

This bill would amend the sections of the education law that prevent
testing agencies from reporting to students' home high schools if a
test score is cancelled due to the discovery that such student
cheated. In addition, this bill creates reporting requirements and
establishes the crime of criminal facilitation of educational testing
fraud. This new crime will enable prosecutors to charge parents or
guardians with criminal facilitation of educational testing fraud when
they are providing the financial benefit for someone else to
impersonate their child for the purposes of taking an undergraduate
entrance exam. Such deterrents will go a long way to prevent cheating
on standardized tests in the future.

With the increasing number of college applicants fighting for limited
spots, getting into the college of your choice has become more and
more competitive. Therefore, there has been increased importance
placed a student's SAT or ACT score. When a student cheats, such
behavior has the potential to displace honest, hard working students
from the most competitive colleges. Students who didn't earn and don't
deserve such coveted placements should not have this unfair advantage.

LEGISLATIVE HISTORY: 2012 S.7088

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE; This act shall take effect on the first November next
succeeding the date on which it shall have become law.

2013-S2220 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2220

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation  to  pre  and  post  test
  reporting  requirements and test site registration and sign in; and to
  amend the penal law, in relation to establishing the crime of criminal
  facilitation of educational testing fraud

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of  section  340 of the education law, as
amended by chapter 813 of the laws of 1980,  is  amended  and  five  new
subdivisions 10, 11, 12, 13 and 14 are added to read as follows:
  3.  "Test  subject" means an individual to whom a test is administered
OR AN INDIVIDUAL WHO HAS REGISTERED TO TAKE A TEST.
  10. "HOME HIGH SCHOOL" MEANS THE HIGH SCHOOL AT WHICH A  TEST  SUBJECT
IS OR WAS A MATRICULATED STUDENT AT THE TIME OF TESTING.
  11.  "TESTING  SITE"  MEANS  ANY LOCATION WHERE A STANDARDIZED TEST IS
ADMINISTERED TO A TEST SUBJECT.
  12. "TEST SITE PERSONNEL" MEANS A PERSON PRESENT AT A TESTING SITE WHO
SIGNS IN TEST SUBJECTS WHO ARE REGISTERED TO TAKE THE TEST AT THAT  SITE
AND WHO OVERSEES THE ADMINISTRATION OF A STANDARDIZED TEST. FOR PURPOSES
OF  THIS  DEFINITION,  TESTING  SITE  PERSONNEL  MAY INCLUDE, BUT NOT BE
LIMITED TO, A PROCTOR, TEST CENTER SUPERVISOR, ASSISTANT SUPERVISOR OR A
ROOM PROCTOR. EACH MAY HAVE A  DIFFERENT  ROLE  IN  TEST  ADMINISTRATION
OVERSIGHT.
  13.  "ACCEPTABLE  PHOTO  IDENTIFICATION" MEANS A SCHOOL IDENTIFICATION
CARD, A SCHOOL IDENTIFICATION FORM PREPARED BY THE HOME HIGH  SCHOOL,  A
STATE-ISSUED  DRIVER'S  LICENSE,  A STATE-ISSUED NON-DRIVER'S LICENSE, A
PASSPORT, A MILITARY IDENTIFICATION CARD OR A  GOVERNMENT  ISSUED  IDEN-
TIFICATION  CARD. THE PHOTOGRAPH ON ANY SUCH IDENTIFICATION CARD MUST BE
A CURRENT REPRESENTATION OF THE TEST TAKER'S IMAGE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06211-01-3

S. 2220                             2

  14. "PHOTO ADMISSION TICKET" MEANS A TICKET ASSIGNED TO A TEST  REGIS-
TRANT,  UPON  REGISTERING  TO  TAKE THE ACT ASSESSMENT (ACT) OR WHICH IS
PRODUCED BY THE TEST AGENCY ACCORDING  TO  SUCH  AGENCY'S  RULES,  REGU-
LATIONS OR PROTOCOLS.
  S 2. Section 344 of the education law is amended by adding a new clos-
ing paragraph to read as follows:
  NOTHING  IN  THIS  SECTION  SHALL  BE CONSTRUED TO PREVENT THE TESTING
AGENCY FROM REPORTING THE CANCELLATION  OF  A  TEST  SCORE  PURSUANT  TO
SUBDIVISION  EIGHT-A OF SECTION THREE HUNDRED FORTY-FOUR-B OF THIS ARTI-
CLE.
  S 3. Paragraph (e) of subdivision 3 of section 344-b of the  education
law,  as added by chapter 845 of the laws of 1992, is amended to read as
follows:
  (e) the potential consequences which  may  result  from  the  investi-
gation, such as withholding or invalidating the test score; OR REPORTING
THE CANCELLATION OF SUCH SCORE TO THE TEST SUBJECT'S HOME HIGH SCHOOL;
  S  4.  Section  344-b  of the education law is amended by adding a new
subdivision 5-a to read as follows:
  5-A. (A) IF THE TEST AGENCY FINDS SUBSTANTIAL EVIDENCE  TO  SUPPORT  A
FINDING  OF  TEST  IRREGULARITY,  AND  SUSPECTS THAT SUCH TEST SUBJECT'S
CONDUCT ROSE TO THE LEVEL OF A CRIME, THE TEST AGENCY SHALL  BE  AUTHOR-
IZED TO TEMPORARILY SUSPEND SUCH TEST SUBJECT'S SCORE AND TURN SUCH TEST
SUBJECT'S CASE OVER TO THE PROPER AUTHORITIES.
  (B) AT SUCH TIME, THE TEST AGENCY SHALL NOTIFY THE TEST SUBJECT OF THE
DECISION TO TURN OVER THE CASE, AND THE AUTHORITIES TO WHOM THE CASE HAS
BEEN REFERRED.
  S 5. Subdivision 6 and paragraph (c) of subdivision 7 of section 344-b
of  the  education law, as added by chapter 845 of the laws of 1992, are
amended to read as follows:
  6. The test subject shall have thirty days following  receipt  of  the
notice  by registered mail to respond to the notice of inauthenticity or
irregularity, PROVIDED HOWEVER,  IF  THE  TEST  AGENCY  HAS  TEMPORARILY
SUSPENDED  SUCH  TEST  PURSUANT TO SUBDIVISION FIVE-A OF THIS SECTION, A
TEST SUBJECT SHALL HAVE THE OPTION TO RAISE ANY CLAIM OR CLAIMS OF INNO-
CENCE WITH THE PROPER AUTHORITIES ASSIGNED TO HIS OR HER CASE.
  (c) Nothing in this section precludes the parties from seeking  resol-
ution  of the testing problems by either judicial review or arbitration.
The test agency and the test subject shall make a good faith  effort  to
complete  an  arbitration  process in no more than thirty days after the
election of such option, PROVIDED,  HOWEVER,  IF  THE  TEST  AGENCY  HAS
TEMPORARILY  SUSPENDED  SUCH TEST PURSUANT TO SUBDIVISION FIVE-A OF THIS
SECTION, A TEST SUBJECT SHALL HAVE THE OPTION TO TAKE UP ANY  CLAIMS  OF
INNOCENCE WITH THE PROPER AUTHORITIES ASSIGNED TO HIS OR HER CASE.
  S  6. Subdivision 8 of section 344-b of the education law, as added by
chapter 845 of the laws of 1992, is amended and two new subdivisions 8-a
and 8-b are added to read as follows:
  8. The test agency shall not release confidential information  to  any
authorized  test score recipients regarding a test subject under pending
investigation, unless authorized to do so by the test subject OR AUTHOR-
IZED TO DO SO PURSUANT TO SUBDIVISION EIGHT-A OF THIS SECTION.
  8-A.  WHEN A TEST AGENCY FINDS SUBSTANTIAL EVIDENCE EXISTS TO  SUPPORT
A  FINDING  OF TEST IRREGULARITY, WHICH LEADS SUCH AGENCY TO TURN A TEST
SUBJECT'S CASE OVER TO THE PROPER  AUTHORITIES,  SUCH  AGENCY  SHALL  BE
AUTHORIZED  TO  TEMPORARILY  SUSPEND  A  TEST  SUBJECT'S SCORE AND SHALL
INFORM THE TEST SUBJECT'S HOME HIGH SCHOOL OF THE DECISION TO TURN  SUCH
CASE  OVER  TO  THE  PROPER  AUTHORITIES. IF THE TEST SUBJECT'S SCORE IS

S. 2220                             3

SUBSEQUENTLY CANCELLED AND IT IS  DETERMINED  THAT  THE  TEST  SUBJECT'S
CONDUCT  ROSE TO THE LEVEL OF A CRIME, THE TEST AGENCY SHALL INFORM SUCH
TEST SUBJECT'S HOME HIGH SCHOOL. IF  THE  PROPER  AUTHORITIES  DETERMINE
THAT  THERE  WAS NOT ENOUGH EVIDENCE TO SUPPORT A FINDING OF TEST IRREG-
ULARITY OR CRIMINAL CONDUCT, THEN THE TEST AGENCY SHALL LIFT THE  TEMPO-
RARY  SUSPENSION, REINSTATE THE TEST SUBJECT'S SCORE AND INFORM THE TEST
SUBJECT'S HOME HIGH SCHOOL OF SUCH REINSTATEMENT.
  8-B.  ANY TEST SUBJECT WHOSE CASE HAS BEEN TURNED OVER TO  THE  PROPER
AUTHORITIES  AND  IT IS FOUND THAT TEST IRREGULARITY DOES EXIST AND SUCH
TEST SUBJECT'S CONDUCT ROSE TO THE LEVEL OF A CRIME, SUCH  TEST  SUBJECT
SHALL  NOT BE AUTHORIZED TO SIT FOR ANOTHER UNDERGRADUATE COLLEGE ADMIS-
SIONS EXAM FOR ONE YEAR FROM THE DATE OF CONVICTION.
  S 7. The education law is amended by adding a  new  section  344-d  to
read as follows:
  S  344-D.  PRE  AND  POST TEST REPORTING REQUIREMENTS AND TESTING SITE
REGISTRATION AND SIGN IN REQUIREMENTS. 1. THIS SECTION SHALL ONLY  APPLY
TO  UNDERGRADUATE  COLLEGE  ADMISSION  EXAMS  SUCH AS THE SAT OR THE ACT
ASSESSMENT (ACT).
  2. (A) UPON REGISTERING TO SIT FOR THE SAT OR ACT A TEST SUBJECT SHALL
REPORT TO THEIR HOME HIGH SCHOOL THE TESTING  SITE  AT  WHICH  THEY  ARE
REGISTERED TO TAKE THE EXAM;
  (B)  UPON  COMPLETION OF THE EXAM AND RECEIPT OF THEIR SCORE, THE TEST
SUBJECT MUST REPORT SUCH SCORE TO THEIR HOME HIGH SCHOOL.
  3. IN ORDER FOR A TEST SUBJECT TO SIT FOR SAT OR ACT THE TEST  SUBJECT
UPON SIGN IN, MUST PROVIDE TO THE APPROPRIATE TEST SITE PERSONNEL AT THE
TESTING SITE, THE FOLLOWING:
  (A)  IF A TEST SUBJECT IS REGISTERED TO TAKE AND IS TAKING THE TEST AT
THEIR HOME HIGH SCHOOL OR IF THE TEST SUBJECT IS REGISTERED TO TAKE  THE
EXAM  AND  IS  TAKING  THE EXAM AT A SITE THAT IS NOT THE TEST SUBJECT'S
HOME HIGH SCHOOL, THE TEST SUBJECT MUST PROVIDE ONE FORM  OF  ACCEPTABLE
PHOTO IDENTIFICATION AND A PHOTO ADMISSION TICKET.
  (B)  A  TEST  SUBJECT MUST PRE-REGISTER TO TAKE THE EXAM AND MUST TAKE
THE EXAM AT THE TESTING SITE AT WHICH THEY ARE REGISTERED. WALK-INS TO A
DIFFERENT SITE SHALL NOT BE ALLOWED TO SIT FOR THE EXAM.
  4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT ANY OTHER  TEST
DAY  OR POST TEST DAY POLICIES AND PROCEDURES REQUIRED BY THE TEST AGEN-
CY.
  S 8.  The penal law is amended by adding a new section 170.80 to  read
as follows:
S 170.80 CRIMINAL FACILITATION OF EDUCATIONAL TESTING FRAUD.
  A  PERSON  IS  GUILTY  OF CRIMINAL FACILITATION OF EDUCATIONAL TESTING
FRAUD WHEN, WITH INTENT TO DEFRAUD, DECEIVE OR INJURE ANOTHER, HE OR SHE
PROVIDES A BENEFIT TO ANOTHER PERSON TO ENTICE SUCH PERSON TO COMMIT THE
CRIME OF CRIMINAL IMPERSONATION IN THE SECOND  DEGREE  IN  VIOLATION  OF
SECTION  190.25  OF THIS TITLE BY IMPERSONATING ANOTHER PERSON AS A TEST
SUBJECT OF A STANDARDIZED TEST AS THAT TERM IS  DEFINED  IN  SUBDIVISION
ONE  OF  SECTION THREE HUNDRED FORTY OF THE EDUCATION LAW AND THE PERSON
BEING IMPERSONATED IS THE CHILD OF THE PERSON PROVIDING THE BENEFIT.
  CRIMINAL FACILITATION OF EDUCATIONAL TESTING FRAUD IS A CLASS E  FELO-
NY.
  S  9. Reporting. The test agencies administering the SAT and ACT shall
report to the higher education committees in the senate and assembly one
year from the effective date of this act. Any further reports  shall  be
given  upon  request  of either committee chair, after a reasonable time
has been given for such test  agencies  to  compile  such  report.  Such
report shall include but not be limited to:

S. 2220                             4

  (a) a review of current security procedures;
  (b) the number of cases of suspected test score irregularity;
  (c)  the  number  of  canceled  test scores per year and the number of
cases referred to the proper authorities; and
  (d) a review of test site personnel training procedures.
  S 10. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.

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