senate Bill S5540

Amended

Relates to truth in testing for the common core

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / May / 2013
    • REFERRED TO EDUCATION
  • 30 / May / 2013
    • AMEND AND RECOMMIT TO EDUCATION
  • 30 / May / 2013
    • PRINT NUMBER 5540A
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION
  • 29 / Apr / 2014
    • AMEND AND RECOMMIT TO EDUCATION
  • 29 / Apr / 2014
    • PRINT NUMBER 5540B

Summary

Relates to truth in testing for the common core.

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Bill Details

See Assembly Version of this Bill:
A7442
Versions:
S5540
S5540A
S5540B
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add Art 7-B ยงยง349-a - 349-i, Ed L

Sponsor Memo

BILL NUMBER:S5540

TITLE OF BILL: An act to amend the education law, in relation to
assess, bi-sect and critique through truth in testing

PURPOSE: The purpose of this bill is to ensure that the new common
core mandated state exams are fair, unbiased, grade level appropriate
and administered properly.

SUMMARY OF PROVISIONS: Specific provisions:

Section 349-a. Provides definitions to be used in this act

Section 349-b. Provides for the disclosure of test questions.

Section 349-c. Requires the Commissioner to submit a report to the
Legislature

Section 349-d. Sets forth an appeals process

Section 349-e. Requires that accommodations be made for students with
disabilities

Section 349-f. Requires that accommodations be made for students who
are English language learners.

Section 349-g. Provides for a one time waiver for extenuating
circumstances

Section 349-h. Requires the Commissioner to have an independent audit
of the common core program in New York State conducted.

Section 349-i. Requires the Commissioner to conduct a state wide
survey of administrators and teachers.

JUSTIFICATION: New York State has recently adopted the common core
curriculum and with that, new mandated state exams. This legislation
seeks to ensure that the tests are fair, unbiased, grade level
appropriate and administered properly. The bill requires disclosure of
test questions and answers so that parents, teachers and students will
have an opportunity to review test questions to better understand and
the reason behind a particular class or child's test scores.

In addition, it requires the Commissioner of the State Education
Department to report, beginning on July 1, 2014 and annually
thereafter, to the Legislature on:

1) the effectiveness of common core state tests in enhancing student
learning and performance;

2) the fairness and appropriateness of test items for each grade
level, including the percentage of test items found to be above grade
level;

3) the correlation between test scores and grade point averages of
test subjects taking common core state tests;


4)a statistical analysis of student performance based on
socioeconomic, gender, race and ethnicity and regional factors;

5) the effectiveness of the test agency as the test development
vendor; and

6) factors to be considered in determining whether to continue with
the current test agency or other vendor as a test agency or utilize
Partnership for Assessment of Readiness for College and Careers
(PARCC) tests in 2015.

Further, this bill provides for an appeals process for parents who
believe their child received an inaccurate score; accommodations for
English language learners and students with disabilities; and for a
one-time waiver from having to take the exam for extenuating
circumstances. Additionally, this bill would require an independent
audit to review and evaluate the common core program in New York
State.

Finally, the bill would require the State Education Department to
survey school administrators and teachers on a variety issues
surrounding common core testing. With so much importance placed on
state mandated exams and with a new curriculum being used a s a basis
for such exams, it is imperative to ensure that the tests are fair,
appropriate for each grade and unbiased.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately, provided that
any rules or regulations necessary for the implementation of this act
shall be promulgated and take effect 180 days after its enactment.

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

    S. 5540                                                  A. 7442

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 16, 2013
                               ___________

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

IN ASSEMBLY -- Introduced by M. of A. NOLAN -- read once and referred to
  the Committee on Education

AN  ACT  to  amend the education law, in relation to assess, bi-sect and
  critique through truth in testing

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

  Section 1. The education law is amended by adding a new article 7-B to
read as follows:
                               ARTICLE 7-B
                  TRUTH IN TESTING FOR THE COMMON CORE
SECTION 349-A. DEFINITIONS.
        349-B. DISCLOSURE.
        349-C. REPORTING.
        349-D. APPEALS PROCESS.
        349-E. STUDENTS WITH DISABILITIES.
        349-F. ENGLISH LANGUAGE LEARNERS.
        349-G. EXTENUATING CIRCUMSTANCES.
        349-H. INDEPENDENT AUDIT.
        349-I. STATE-WIDE SURVEY.
  S  349-A.  DEFINITIONS.  AS USED IN THIS ARTICLE: 1. "TEST" OR "COMMON
CORE STATE TEST" MEANS ANY STATE CREATED, DEVELOPED OR ADMINISTERED TEST
GIVEN IN NEW YORK STATE TO STUDENTS IN ENGLISH LANGUAGE ARTS  AND  MATH-
EMATICS THAT TEST STUDENTS' KNOWLEDGE AND SKILLS RELATING TO COMMON CORE
STANDARDS.
  2.  "COMMON  CORE"  MEANS THE NEW YORK STATE P-12 COMMON CORE LEARNING
STANDARDS (CCLS) FOR ENGLISH LANGUAGE ARTS AND MATHEMATICS ON WHICH  NEW
YORK STATE COMMON CORE TESTS WILL BE BASED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11036-02-3

S. 5540                             2                            A. 7442

  3.  "COMMISSIONER" MEANS THE COMMISSIONER OF EDUCATION OF THE STATE OF
NEW YORK.
  4. "TEST SUBJECT" MEANS ANY INDIVIDUAL TO WHOM A TEST IS ADMINISTERED.
  5.  "TEST  AGENCY" MEANS ORGANIZATION, ASSOCIATION, CORPORATION, PART-
NERSHIP OR INDIVIDUAL THAT DEVELOPS,  SPONSORS  OR  ADMINISTERS  A  TEST
PROVIDED  HOWEVER  THAT  THE DEPARTMENT SHALL NOT BE INCLUDED WITHIN THE
DEFINITION OF A TEST AGENCY FOR PURPOSES OF THIS ARTICLE.
  6. "TEST YEAR" MEANS  THE  TWELVE-MONTH  PERIOD  COMMENCING  SEPTEMBER
FIRST DURING WHICH THE TEST AGENCY ADMINISTERS A PARTICULAR TEST.
  7. "CHILD WITH A DISABILITY" OR A "STUDENT WITH A DISABILITY" SHALL BE
DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER.
  8.  "ENGLISH  LANGUAGE  LEARNER"  MEANS  A  TEST  SUBJECT WHOSE NATIVE
LANGUAGE IS NOT ENGLISH.
  9. "ANCHOR ITEMS" OR "LINKING ITEMS" MEANS ITEMS  BASED  ON  THE  SAME
MATERIAL  IN  DIFFERENT  FORMS  ON A TEST OR MULTIPLE TESTS GIVEN IN THE
SAME YEAR TO DIFFERENT GRADE LEVELS OR IN DIFFERENT YEARS  TO  THE  SAME
GRADE  LEVEL  THAT ARE SCALED IN SUCH A WAY TO ENSURE THAT A GIVEN SCORE
REPRESENTS THE SAME LEVEL OF PERFORMANCE, REGARDLESS OF THE TEST FORM OR
YEAR, THAT ARE USED TO LINK DIFFERENT FORMS OF A TEST AND  EQUATE  THEM;
AND  TO  ENSURE  THAT  SUCH ITEMS REPRESENT A STABLE LEVEL OF DIFFICULTY
OVER TIME.
  10. "FIELD TEST ITEMS" MEANS UN-SCORED ITEMS THAT ARE USED  TO  GATHER
DATA FOR USE ON FUTURE SCORED TESTS.
  S  349-B.  DISCLOSURE. 1.  THIRTY DAYS AFTER THE ADMINISTRATION OF ANY
COMMON CORE STATE TEST IN ENGLISH LANGUAGE ARTS AND MATHEMATICS GIVEN TO
TEST SUBJECTS, FIFTY PERCENT OF THE TEST ITEMS, AFTER  EXCLUDING  ANCHOR
ITEMS  OR  LINKING  ITEMS, AND FIELD TEST ITEMS SHALL BE RELEASED TO THE
PUBLIC.
  2. AFTER THE SECOND YEAR OF ADMINISTRATION  OF  A  COMMON  CORE  STATE
TEST,  FULL  DISCLOSURE  OF  ALL  TEST ITEMS THAT ARE THE BASIS FOR TEST
SUBJECTS' SCORES, SHALL BE RELEASED TO THE PUBLIC. POSTING OF TEST ITEMS
AND CORRECT ANSWERS ON THE DEPARTMENT'S WEBSITE  SHALL  CONSTITUTE  FULL
DISCLOSURE REQUIRED BY THIS SECTION.
  S  349-C. REPORTING. THE COMMISSIONER, BEGINNING JULY FIRST, TWO THOU-
SAND FOURTEEN AND ANNUALLY THEREAFTER, SHALL REPORT TO THE GOVERNOR, THE
SPEAKER OF THE ASSEMBLY, THE TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE
CHAIR  OF  THE  ASSEMBLY HIGHER EDUCATION COMMITTEE AND THE CHAIR OF THE
SENATE HIGHER EDUCATION COMMITTEE ON: 1.  THE  EFFECTIVENESS  OF  COMMON
CORE STATE TESTS IN ENHANCING STUDENT LEARNING AND PERFORMANCE;
  2.  THE  FAIRNESS  AND  APPROPRIATENESS  OF  TEST ITEMS FOR EACH GRADE
LEVEL, INCLUDING THE PERCENTAGE OF TEST ITEMS FOUND TO  BE  ABOVE  GRADE
LEVEL;
  3.  THE  CORRELATION  BETWEEN  TEST SCORES AND GRADE POINT AVERAGES OF
TEST SUBJECTS TAKING COMMON CORE STATE TESTS;
  4. A STATISTICAL ANALYSIS OF STUDENT PERFORMANCE BASED ON SOCIOECONOM-
IC, GENDER, RACE AND ETHNICITY, AND REGIONAL FACTORS;
  5. THE EFFECTIVENESS OF  THE  TEST  AGENCY  AS  THE  TEST  DEVELOPMENT
VENDOR; AND
  6.  FACTORS  TO  BE CONSIDERED IN DETERMINING WHETHER TO CONTINUE WITH
THE CURRENT TEST AGENCY, OR OTHER VENDOR AS A TEST  AGENCY,  OR  UTILIZE
PARTNERSHIP  FOR ASSESSMENT OF READINESS FOR COLLEGE AND CAREERS (PARCC)
TESTS IN TWO THOUSAND FIFTEEN.
  S 349-D. APPEALS PROCESS. THE COMMISSIONER  SHALL  DEVELOP  GUIDELINES
AND  PROCEDURES  FOR  PARENTAL APPEALS OF TEST SUBJECTS' SCORES BASED ON
CLEAR PROOF THAT SUCH TEST SUBJECTS' SCORES ARE NOT REFLECTIVE  OF  SUCH
TEST  SUBJECTS'  ABILITIES. SUCH PROOF MAY INCLUDE BUT NOT BE LIMITED TO

S. 5540                             3                            A. 7442

GRADES RECEIVED ON  CLASSROOM  WORK  DURING  THE  TEST  YEAR  OR  SCORES
RECEIVED  ON  PAST  COMMON CORE STATE TESTS GIVEN TO THE TEST SUBJECT IN
PREVIOUS YEARS.
  S  349-E. STUDENTS WITH DISABILITIES. STUDENTS WITH DISABILITIES SHALL
BE PROVIDED WITH THE TESTING ACCOMMODATIONS SPECIFIED IN THEIR  INDIVID-
UAL  EDUCATION PROGRAMS (IEPS) OR THEIR SECTION FIVE HUNDRED FOUR ACCOM-
MODATION PLANS (504 PLANS).
  S 349-F. ENGLISH LANGUAGE LEARNERS.  THE  COMMISSIONER  SHALL  DEVELOP
TESTING  ACCOMMODATION GUIDELINES FOR ENGLISH LANGUAGE LEARNERS THAT MAY
INCLUDE TIME EXTENSIONS, SEPARATE TEST LOCATIONS,  TRANSLATED  EDITIONS,
BILINGUAL DICTIONARIES AND GLOSSARIES, ORAL TRANSLATIONS FOR LOWER-INCI-
DENT LANGUAGES AND WRITTEN RESPONSES IN NATIVE LANGUAGES.
  S  349-G.  EXTENUATING CIRCUMSTANCES. THE COMMISSIONER SHALL DEVELOP A
PROCEDURE TO ALLOW A TEST SUBJECT TO  RECEIVE  A  ONE-TIME  WAIVER  FROM
TAKING  A  COMMON  CORE STATE TEST BASED ON EXTENUATING CIRCUMSTANCES OR
GOOD CAUSE SHOWN PURSUANT TO THE COMMISSIONER'S REGULATIONS.
  S 349-H. INDEPENDENT AUDIT. NOT LATER THAN  MAY  FIRST,  TWO  THOUSAND
FOURTEEN  THE COMMISSIONER SHALL UNDERTAKE TO HAVE A COMPREHENSIVE INDE-
PENDENT AUDIT PERFORMED BY AN  INDEPENDENT  CONTRACTOR,  NOT  AFFILIATED
WITH  A  TEST AGENCY. SUCH CONTRACTOR SHALL HAVE A BACKGROUND AND EXPER-
TISE IN EDUCATIONAL TESTING. THE AUDIT SHALL  REVIEW  AND  EVALUATE  THE
COMMON  CORE  TESTING PROGRAM IN THE STATE. THE SCOPE OF THE AUDIT SHALL
INCLUDE BUT NOT BE LIMITED TO TEST PREPARATION; WHETHER TESTS WERE FAIR,
UNBIASED, PROPERLY  PRE-TESTED  AND  GRADE  APPROPRIATE,  INCLUDING  THE
PERCENTAGE  OF  TEST  ITEMS  FOUND  TO BE ABOVE GRADE LEVEL; WHETHER THE
TESTS WERE PROPERLY ADMINISTERED AND SCORED;  AND,  HOW  THE  DEPARTMENT
DEALT WITH TEACHER, STUDENT AND PARENT CONCERNS, COMPLAINTS AND APPEALS.
SUCH  AUDIT  SHALL BE COMPLETED BY OCTOBER FIFTEENTH, TWO THOUSAND FOUR-
TEEN AND A COPY SHALL BE TRANSMITTED  TO  THE  GOVERNOR,  THE  TEMPORARY
PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF
THE HIGHER EDUCATION COMMITTEES IN EACH HOUSE.
  S 349-I. STATE-WIDE  SURVEY.  1.  THE  COMMISSIONER  SHALL  CONDUCT  A
STATE-WIDE  SURVEY OF SCHOOL ADMINISTRATORS AND TEACHERS RELATING TO THE
AMOUNT OF TIME SPENT ON COMMON  CORE  STATE  TEST  PREPARATION  AND  THE
IMPACT OF SUCH PREPARATION ON THE QUALITY OF INSTRUCTION. RESPONDENTS TO
SUCH  SURVEY  MAY  CHOOSE TO REMAIN ANONYMOUS. THE SURVEY SHALL INCLUDE,
BUT NOT BE LIMITED TO QUESTIONS RELATED TO STUDENT AND  TEACHER  MORALE,
TEST  PREPARATION  TIME AND THE IMPACT ON CURRICULUM, THE AMOUNT OF TIME
TEACHERS SPEND ALIGNING CURRICULUM TO COMMON CORE STATE TESTS, THE OVER-
ALL IMPACT TESTING HAS ON THE CLASSROOM ENVIRONMENT AND ANY OTHER  RELE-
VANT  QUESTIONS REGARDING THE IMPACT OF COMMON CORE STATE EXAMS, INCLUD-
ING THE PERCENTAGE OF TEST ITEMS FOUND TO BE ABOVE GRADE LEVEL.
  2. THIS SURVEY SHALL  RESULT  IN  A  REPORT  BY  THE  DEPARTMENT  THAT
COMPILES  THE DATA RECEIVED FROM THE SURVEY AND THAT DETAILS THE RESULTS
AND PROVIDES CONCLUSIONS. SUCH REPORT SHALL BE SUBMITTED TO  THE  GOVER-
NOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE,
THE  CHAIR  OF  THE ASSEMBLY HIGHER EDUCATION COMMITTEE AND THE CHAIR OF
THE SENATE HIGHER EDUCATION  COMMITTEE  BY  DECEMBER  THIRTY-FIRST,  TWO
THOUSAND THIRTEEN.
  S  2.  This act shall take effect immediately, provided that any rules
or regulations necessary for the implementation of  this  act  shall  be
promulgated and take effect 180 days after its enactment.

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