NY State Senate Bill 2009-S3732

Senate Bill S3732

2009-2010 Legislative Session

Establishes procedures and guidelines for which a test subject may request and obtain information and materials regarding a standardized test

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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 06, 2010	referred to higher education
Mar 30, 2009	referred to higher education

co-Sponsors

2009-S3732 (ACTIVE) - Details

See Assembly Version of this Bill:: A7366
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §342, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1938, A2133
2013-2014: S2398, A2611

2009-S3732 (ACTIVE) - Summary

Establishes procedures and guidelines for which a test subject may request and obtain information and materials regarding a standardized test.

2009-S3732 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3732

 TITLE OF BILL :

An act to amend the education law, in relation to the administration
of standardized tests


 PURPOSE :

The provisions of this bill address several issues regarding existing
laws governing and practices of standardized testing and test agencies
in New York State. Of particular concern are the rights of test
subjects to have access to their answers, the test questions and the
correct answers after the test has been scored by the testing
agencies. In addition, this legislation addresses several areas of
concern regarding the oversight of high-stakes testing and the
policies that standardized testing agencies have adopted regarding the
testing and scoring of these written exams. In an effort to address
this issue, this bill establishes the New York State Board of Testing
Integrity in the state education department to oversee and evaluate
the integrity of the entire testing process in New York State.

 SUMMARY OF PROVISIONS :

After a test subject has completed and submitted a standardized test

as defined in section 342 of the education law, existing law requires
the testing agency to make available, upon request, a copy of the test
questions, a copy of the test subject's answers and a copy of the
correct answers for that exam. The legislation establishes a
thirty-day prior and at least ninety-day post-test administration
period during which a test subject can request such information.

The bill also requires that the testing agencies provide a means for
the test subject to request the information through an on-line
internal based link, and that forty-five days after the results of any
standardized tests are released, the test agency must provide the
information, if requested, within twenty-five days of the request.

The test agency must also maintain a record of all requests for this
information and a record of all errors found by the test subject.
They must also provide an explanation for such errors and what the
outcome was regarding any changes in the test subject's raw and scaled
score. The bill eliminates the previously established "nominal" fee
that the testing agencies could charge for providing this information,
instead the bill limits this fee to ten dollars and requires a portion
of future year-to-year earnings and corporate management salary growth
to be allocated to offset the cost of providing the test taker with a
copy of their questions and answers.  Finally, the bill establishes a
New York State Board of Testing Integrity to oversee and make
recommendations regarding all aspects of the administration of
standardized tests in New York. The legislation states that the focus
of the Board is to represent and protect at all times the interests of
the test subjects during the entire testing process. A fee of one
dollar per test administered in New York shall be paid by each testing
agency which shall be deposited in an account to be used to pay for
and support the Board's activities.

 JUSTIFICATION :

Over the last decade, we have become a society ever more dependent on
the use of standardized tests as a measure of assessing academic
performance. Students as young as eight years old are taking
standardized tests and are being judged based on the results of those
tests. However, over time we have seen many instances where the
results of these tests have come into question. Most recently, over
4,000 SAT I exams had errors in scoring, some of which were small,
others resulted in significant scoring errors of over 300 points.

On May 2, 2006, the Senate Higher Education Committee held a public
hearing at which testimony was provided by the President of the
College Board, the President of the Education Testing Service, the
National President of Pearson, Inc., the President of Fair Testing and
a student directly impacted by the testing agency scoring errors.
During this hearing several issues were raised regarding the overall
administration of the test. Of particular concern is the lack of
oversight over the testing agencies and the lack of quality control to
ensure the reliability and validity of administration and scoring of
the tests. For example, the College Board testified that they do not
currently practice any quality control with regard to the test product
to ensure reliable scoring. Instead, they rely on the test subjects
who have paid an additional fee of at least $24.00 for a copy of the
test questions· and their answers and the correct answers to ensure
that no scoring errors have occurred. In effect, the test agency is
charging the test subject to conduct their own quality control audits.

The provisions of this legislation and the creation of the New York
State Board of Testing Integrity are much needed common sense
additions to the Standardized Testing laws already adopted by New York
State in order to help ensure a fair process where the interest of the
testing agency on the test subject are balanced and equitable.

 LEGISLATIVE HISTORY :

2007-08, S.5030-A; 2005-06, S.561-B

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of September in the year in
which it shall have become a law, provided, however, that a test
agency shall not be required to revise its application brochure or
forms for the test year commencing September 1, 2010 to incorporate
the requirements of this act.

2009-S3732 (ACTIVE) - Bill Text download pdf

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

                                  3732

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 30, 2009
                               ___________

Introduced  by  Sens. LAVALLE, LARKIN, MORAHAN, VOLKER -- 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 the administration of
  standardized tests

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

  Section 1. Subdivision 2 of section 342 of the education law, as added
by  chapter 813 of the laws of 1980, the closing paragraph as amended by
chapter 565 of the laws of 1986, is amended and two new subdivisions  12
and 13 are added to read as follows:
  2.    [Within ninety days after filing a standardized test pursuant to
subdivision one of this section and for a period of not less than ninety
days after the offer is made] A. AT OR THIRTY DAYS PRIOR TO THE ADMINIS-
TRATION OF A STANDARDIZED TEST, AND FOR A PERIOD OF NOT LESS THAN NINETY
DAYS AFTER THE ADMINISTRATION OF A STANDARDIZED TEST,  the  test  agency
shall provide to the test subject the opportunity to [secure] REQUEST:
  [a.]  (I)  a  copy  of  the  test questions used to calculate the test
subject's raw score;
  [b.] (II) a copy of the test subject's answer sheet, or answer  record
where  there  is  no  answer  sheet, together with a copy of the correct
answer sheet to the same test with questions used to calculate the  test
subject's raw score so marked; and
  [c.]  (III)  a statement of the raw score used to calculate the scores
reported to the test subject.
  [The agency may charge a nominal fee for providing  such  information,
not to exceed the direct cost thereof.]
  B.  THE  TEST  AGENCY  SHALL  PROVIDE  A MEANS FOR THE TEST SUBJECT TO
REQUEST THE INFORMATION DESCRIBED IN SUBPARAGRAPHS (I), (II)  AND  (III)
OF PARAGRAPH A OF THIS SUBDIVISION THROUGH AN ONLINE INTERNET BASED LINK
OR TEST AGENCY HOME PAGE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08836-01-9

S. 3732                             2

  C.  FORTY-FIVE  DAYS  AFTER  THE RESULTS OF ANY STANDARDIZED TESTS ARE
RELEASED, THE TEST AGENCY SHALL MAKE AVAILABLE TO ANY TEST  SUBJECT  WHO
HAS  REQUESTED  THE  MATERIALS  DESCRIBED IN SUBPARAGRAPHS (I), (II) AND
(III) OF PARAGRAPH A OF THIS SUBDIVISION  WITH  THOSE  MATERIALS  WITHIN
TWENTY-FIVE DAYS AFTER THEY HAVE RECEIVED SUCH REQUEST.
  D.  EACH  TEST AGENCY SHALL MAINTAIN A RECORD OF ALL SUCH REQUESTS FOR
EACH TEST ADMINISTRATION FOR A PERIOD OF ONE YEAR AFTER SUCH TEST ADMIN-
ISTRATION AND PROVIDE THE TOTAL NUMBER OF REQUESTS FOR SUCH TEST  ADMIN-
ISTRATION IN AN ANNUAL REPORT TO THE DEPARTMENT.
  E.  EACH  TEST  AGENCY  SHALL MAINTAIN A RECORD OF THE TOTAL NUMBER OF
ERRORS FOUND BY THE TEST SUBJECT AND AN EXPLANATION OF  THE  REASON  FOR
SUCH  ERRORS  AND  WHAT THE OUTCOME WAS REGARDING ANY CHANGE IN THE TEST
SUBJECT'S RAW SCORE AND SCALED SCORE.
  F. THE AGENCY MAY CHARGE A NOMINAL FEE WHICH SHALL BE LIMITED  TO  TEN
DOLLARS,  FOR  MAKING  THIS  INFORMATION AVAILABLE, AND FURTHER, THAT AT
LEAST TWENTY PERCENT OF THE YEAR-TO-YEAR INCREASE  IN  TOTAL  MANAGEMENT
SALARIES  PAID BY THE TEST AGENCY AND TWENTY PERCENT OF THE YEAR-TO-YEAR
INCREASE IN TOTAL INCOME OF THE TEST AGENCY SHALL BE ACCOUNTED FOR SEPA-
RATELY AND ALLOCATED DIRECTLY FOR THE SOLE PURPOSE  OF  MAINTAINING  THE
NOMINAL  FEE  STIPULATED  HEREIN  FOR  MAKING THE MATERIALS DESCRIBED IN
SUBPARAGRAPHS (I), (II) AND (III) OF PARAGRAPH  A  OF  THIS  SUBDIVISION
AVAILABLE TO THE TEST SUBJECTS WHO HAVE REQUESTED SUCH MATERIALS.
  G.  Notwithstanding any other provision in this section, a test agency
shall permit a test subject to elect in writing  OR  ONLINE  THROUGH  AN
INTERNET  BASED  LINK OR TEST AGENCY HOME PAGE, this opportunity both at
the time the test subject registers to take a test and at the  time  the
test  agency reports test scores to the test subject; provided, however,
that the provisions of this paragraph shall not apply where  either  the
materials  described  in  [paragraph (a) or (b)] SUBPARAGRAPHS (I), (II)
AND (III) OF PARAGRAPH A of this subdivision  are  provided  during  the
test  administration.  The  form permitting such election shall describe
the opportunity offered pursuant to this subdivision in clear and  plain
English  and shall be part of and included in the test registration form
and in a form provided to the test subject at the time test  scores  are
reported  to  the  test  subject.    SUCH  FORM PERMITTING SUCH ELECTION
DESCRIBING THE OPPORTUNITY TO OBTAIN THE MATERIALS SET FORTH IN SUBPARA-
GRAPHS (I), (II) AND (III) OF PARAGRAPH A OF THIS SUBDIVISION SHALL ALSO
BE  AVAILABLE  ON  THE  TEST  AGENCY'S  WEB  SITE  AND   SHALL   PROVIDE
INSTRUCTIONS ON HOW TO REQUEST THESE MATERIALS ELECTRONICALLY.
  12. A. THERE IS HEREBY ESTABLISHED THE NEW YORK STATE BOARD OF TESTING
INTEGRITY  WITHIN  THE  DEPARTMENT.    SUCH  BOARD SHALL CONSIST OF NINE
MEMBERS WHO SHALL EACH SERVE THREE YEAR  TERMS.  TWO  MEMBERS  SHALL  BE
APPOINTED  BY THE GOVERNOR, TWO MEMBERS SHALL BE APPOINTED BY THE TEMPO-
RARY PRESIDENT OF THE SENATE AND TWO MEMBERS SHALL BE APPOINTED  BY  THE
SPEAKER  OF THE ASSEMBLY. THE COMMISSIONER, THE ATTORNEY GENERAL AND THE
COMPTROLLER, OR THEIR DESIGNEE SHALL ALSO SERVE ON THE BOARD. THE  FOCUS
OF  THE BOARD SHALL BE TO REPRESENT AND PROTECT AT ALL TIMES AND FOR ALL
INSTANCES THE INTEREST OF THE TEST SUBJECT WHILE MAINTAINING THE  INTEG-
RITY OF THE TESTING PROCESS.
  B.  THE BOARD SHALL BE RESPONSIBLE TO MAINTAIN, ASSESS AND MAKE RECOM-
MENDATIONS TO THE REGENTS ALL ASPECTS OF THE ADMINISTRATION OF STANDARD-
IZED TESTING IN NEW  YORK,  AS  DEFINED  IN  THIS  ARTICLE.  THIS  SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO:
  (I) THE REGISTRATION PROCESS.
  (II)  COMPLIANCE  WITH  ALL  APPLICABLE  RULES  AND LAWS REGARDING THE
DISCLOSURE OF RELEVANT AND REQUIRED INFORMATION.

S. 3732                             3

  (III) THE TEST SUBJECT'S ABILITY TO OBTAIN TEST QUESTIONS, THE CORRECT
ANSWERS TO THOSE QUESTIONS AND THE TEST SUBJECT'S TEST ANSWERS.
  (IV)  THE  SECURITY  OF  THE  TESTING PROCESS, INCLUDING THE HANDLING,
PACKAGING, TRANSPORTING,  SCORING  AND  RECORDING  OF  ALL  TEST  ANSWER
SHEETS.
  C.  THE  BOARD  MAY REVIEW THE TESTING QUESTIONS TO IDENTIFY BIASES IN
THE QUESTIONS OR OTHER POSSIBLE TESTING  ISSUES  WHICH  MAY  AFFECT  THE
SCORES  OF  ANY PARTICULAR GENDER, ETHNIC OR RELIGIOUS GROUP.  THE BOARD
MAY REVIEW ALL ASPECTS OF THE TESTING ENVIRONMENT FOR OVERALL EQUITY FOR
ALL TEST SUBJECTS IN NEW YORK STATE.
  D. ONCE A YEAR THE BOARD SHALL  OVERSEE  A  PROCESS  BY  WHICH  A  ONE
PERCENT  SAMPLE  OF  A PREVIOUSLY ADMINISTERED STANDARDIZED TEST BY EACH
TEST AGENCY OFFERED IN NEW YORK STATE ARE RESCORED TO EXAMINE  ACCURACY,
AND CONSISTENCY OF SCORING ON ALL PORTIONS OF THE STANDARDIZED TEST.
  E.  THE PROCESS OF SAMPLING AND RESCORE SHALL BE CONDUCTED BY THE TEST
AGENCY ADMINISTRATING STANDARDIZED TESTS IN NEW YORK, WHO SHALL  MAKE  A
REPORT  TO  THE  BOARD  NOT  MORE  THAN SIXTY DAYS AFTER COMPLETING THIS
RESCORING WHICH WILL IDENTIFY ANY ERRORS  IN  SCORING,  THE  REASON  FOR
THOSE  ERRORS  AND  WHAT  IS  BEING  DONE  TO CORRECT SUCH ERRORS IN THE
FUTURE.
  13. A FEE OF ONE DOLLAR SHALL BE PAID BY  THE  TEST  AGENCY  FOR  EACH
STANDARDIZED  TEST ADMINISTERED IN NEW YORK STATE, WHICH SHALL BE DEPOS-
ITED IN AN ACCOUNT ESTABLISHED BY THE NEW YORK STATE COMPTROLLER,  WHICH
SHALL  BE USED BY THE NEW YORK STATE BOARD OF TESTING INTEGRITY TO COVER
THE COSTS ASSOCIATED THEREWITH.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding  the  date on which it shall have become a law. A test agency
shall not be required to revise its application brochure  or  forms  for
the  test  year commencing September 1, 2010 to incorporate the require-
ments of this act.

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Senate Bill S3732

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Sponsored By

Kenneth P. LaValle

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

co-Sponsors

William Larkin

Thomas P. Morahan

Suzi Oppenheimer

Dale M. Volker

2009-S3732 (ACTIVE) - Details

2009-S3732 (ACTIVE) - Summary

2009-S3732 (ACTIVE) - Sponsor Memo

2009-S3732 (ACTIVE) - Bill Text download pdf

Comments