BILL NUMBER: S3952

SPONSOR: KENNEDY
 
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 identify-
ing 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. While the
Board of Regents has recently approved multiple pathways for students to
receive a local diploma, many students still wish to pursue a Regents
Diploma, but cannot do so without testing accommodations. Additionally,
the Board of Regents has given local Superintendents the ability to
approve a local diploma for alternative paths of study, decision making
over Regents testing accommodations still rests in the hands of the
Commissioner of Education.

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 to allow for a test to be administered on a
separate day. Decisions are made on behalf of the student on a case-by-
case basis. Often, students who have two exams scheduled on one day, and
who are permitted to have extended time or multiple day testing on an
exam, must start both exams on the same day. In order to complete an
exam on a separate day, the following is required of the school
district:

* Multiple day or extended testing must be included on the students

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 students with disabilities with extended testing time are classi-
fied 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.

* School districts are required to provide evaluative material to
support the student's need in this regard. Thus, school district person-
nel 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 that still gives students the ability to
graduate with a Regents Diploma.

This legislation would direct the commissioner to establish regulations
allowing students who have been granted extra time to only take one
regents examination per day. This would eliminate the requirement that
the student start each exam on the scheduled day, to be completed later.
Further, it would help avoid situations where a student is in a testing
environment for up to twelve hours.

 
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

2013-14: S.488 Referred to Education

2015-16: S.1501/A.5270 Referred to Education

2017-18: S.1828/A.4790 Referred to Education

2018-29: S.573/A.1397 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 imple-
mentation of this act on its effective date is hereby authorized to be
made on or before such effective date.