S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed 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.
S 2. The education law is amended by adding a new section 319 to read
S 319. EXAMINATION OF STUDENTS WITH DISABILITIES. THE COMMISSIONER
SHALL PROMULGATE REGULATIONS ESTABLISHING GUIDELINES WHICH PROVIDE THAT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 488 2
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.