BILL NUMBER:S488

TITLE OF BILL:
An act
to amend the education law, in relation to the administration of exams to
students with disabilities

PURPOSE OR GENERAL IDEA OF BILL:
To offer alternatives to students
with disabilities who have provisions for extended testing time
pursuant to an Individual Education Plan or pursuant to Section 504
of the Rehabilitation Act of 1973, with regard to the administration
of more than one Regents exam in one day.

SUMMARY OF SPECIFIC PROVISIONS:
The education law is
amended by adding a new section 319 as described in the bill.

JUSTIFICATION:
Public school districts in New York State are responsible for
identifying and evaluating students who require academic assistance,
program modifications or other support services due to a disabling
condition.
Extended testing time is one of the options available to those
students who are identified as disabled, but who are not exempted
from mandated standardized academic testing. Such students can
              

qualify for up to double the testing time provided to non-disabled
students.

Extended testing time provisions are a successful method of enabling
many students to participate in these tests. However, this can become
problematic when a student with extended time provisions is scheduled
for more than one Regent's Examination on one day. For example, the
time allotted for a typical Regent's examination is 3 hours. A
disabled student who is allowed double testing time (6 hours) and is
scheduled for two exams on the same day will face 12 consecutive
hours of testing.

The existing regulatory remedy requires school districts to apply to
the State Education Department for multiple day testing on behalf of
the student on a case-by-case basis. In order to do so, the following
is required of the school district:

* Multiple day testing must be included on the student's IEP, which is
typically written prior to the release of the Regent's Examination
schedule by the State Education Department and prior to the
district's knowledge of a conflict.

* Many disabled students with extended testing time are classified as
Learning Disabled. Retention of acquired knowledge is almost always
an issue for these students. To offer an alternate date months after
the scheduled date is not a viable option.

* In applying for multiple day testing, school districts are required
to provide evaluative material to support the student's need in this
regard. Thus, school district personnel are (on a case-by-case basis)


investing valuable time and resources to repetitiously convince the
State Education Department that 12 hours of testing with no break is
detrimental to children with disabilities. As the regulatory agency
mandating and scheduling these tests, it should be incumbent upon the
State Education Department to ensure that students are offered viable
alternatives to this.

* According to the State Education Department, 80 such applications
were received and approved during the 2003-04 school year. There are
701 school districts in New York State, and thousands of students who
have these provisions on their IEPs or 504 plans. These numbers are a
clear indicator that the current remedy is lacking.

PRIOR LEGISLATIVE HISTORY:
2006:    A.6358 Referred to Education
2006:    S.5746 Referred to Education (Same As)
2008:    A.594  Referred to Education
2008:    S.5746 Referred to Education (Same As)
2009-10: S.6946 Referred to Education
2011-12: S.2503/A.3289 Referred to Education

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one
hundred eightieth day after it shall have become a law.
Effective immediately, the addition, amendment, 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.