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

                                  2765

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by  M.  of  A.  WEISENBERG, RIVERA, MILLMAN, MAISEL, DUPREY,
  SCHIMEL,  TITUS,  CASTRO,  McDONOUGH,  BENEDETTO,  JAFFEE,  BARRON  --
  Multi-Sponsored by -- M. of A. ABBATE, BOYLAND, CRESPO, CROUCH, FINCH,
  GIGLIO,  HOOPER,  MARKEY, MILLER, MONTESANO, ROBINSON, SALADINO, SCAR-
  BOROUGH, SWEENEY, TEDISCO, THIELE -- 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.
                                                           LBD02061-01-3

              

A. 2765                             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.