S T A T E O F N E W Y O R K
________________________________________________________________________
4204
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
___________
Introduced by M. of A. THIELE, BUTLER, FITZPATRICK, TOWNSEND, SALADINO,
WALKER -- Multi-Sponsored by -- M. of A. ALFANO, BACALLES, BARRA,
BURLING, CONTE, ERRIGO, FINCH, GIGLIO, McDONOUGH, MILLER, O'MARA,
RAIA, SAYWARD, TEDISCO -- read once and referred to the Committee on
Education
AN ACT to amend the education law, in relation to annual reporting by
regents regarding assessments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds and declares that
educational assessments, including standardized tests, can be a vital
component of ensuring the quality of education of all students in New
York state. The legislature determines that in order to optimize the
value of such standardized tests students, parents and educators must be
assured that educational assessments used by the state are fair, equita-
ble and valid measures of student achievement within the context of the
state learning standards.
The legislature further finds and declares that it is not possible for
school districts to make programmatic improvements and assist those
students who fail to achieve competency in the state learning standards
if school districts do not receive examination results until after a new
school year has begun. Accordingly, the legislature finds and declares
that in order to be accurate and meaningful evaluative tools, standard-
ized assessment examinations must be reliably scored and the data
released in a timely manner.
Therefore, it is the intent of the legislature to require the board of
regents to identify and compile data regarding the regents' development,
scoring and release of assessment examination data to be included in an
annual report for submission to the governor and legislature.
S 2. The education law is amended by adding a new section 215-d to
read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03899-01-9
A. 4204 2
S 215-D. ANNUAL REPORT BY REGENTS REGARDING ASSESSMENTS. THE REGENTS
OF THE UNIVERSITY OF THE STATE OF NEW YORK SHALL PREPARE AND SUBMIT TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE
ASSEMBLY, AND THE CHAIRPERSON AND RANKING MINORITY MEMBER OF THE SENATE
AND ASSEMBLY EDUCATION COMMITTEES AND THE SENATE AND ASSEMBLY HIGHER
EDUCATION COMMITTEES, NOT LATER THAN THE FIRST DAY OF JANUARY, TWO THOU-
SAND ELEVEN AND THE FIRST DAY OF JANUARY OF EACH YEAR THEREAFTER, A
REPORT CONCERNING EDUCATION ASSESSMENTS AND STANDARDS WHICH SHALL IN
DETAIL SET FORTH: THE MANNER IN WHICH STANDARDIZED EXAMINATIONS USED BY
THE EDUCATION DEPARTMENT ARE DEVELOPED AND HOW QUESTIONS ARE ASSIGNED
POINT-VALUES; THE MANNER IN WHICH SUCH EXAMINATIONS ARE FIELD TESTED TO
ENSURE ACCURACY AND RELIABILITY; THE MANNER IN WHICH SUCH EXAMINATIONS
ARE SCORED, INCLUDING HOW DATA IS ANALYZED AND RELEASED, AND THE CIRCUM-
STANCES UNDER WHICH AN EXAMINATION MAY BE RESCALED OR RESCORED AFTER
SCORES HAVE BEEN RELEASED; STEPS THE REGENTS AND THE STATE EDUCATION
DEPARTMENT HAVE TAKEN TO IMPROVE EXAMINATION RELIABILITY, VALIDITY, AND
THE TIMELINESS OF SCORING AND RELEASE OF DATA; RECOMMENDATIONS FOR
FUTURE IMPROVEMENT OF THE TIMELINESS OF SCORING AND RELEASE OF DATA;
SPECIFIC EXAMPLES OF HOW EACH EXAMINATION RELATES TO STATE LEARNING
STANDARDS, AND RECOMMENDATIONS FOR PRESENTING SUCH MATERIAL ACROSS THE
CURRICULUM; AND SUCH OTHER INFORMATION AS REQUESTED BY THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
MINORITY LEADER OF THE SENATE, OR THE MINORITY LEADER OF THE ASSEMBLY.
S 3. The education law is amended by adding a new section 215-e to
read as follows:
S 215-E. ENSURING HIGH STANDARDS IN PUBLIC ELEMENTARY AND SECONDARY
SCHOOLS. THE REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK SHALL
ESTABLISH A MINIMUM REQUIREMENT AND CURRICULUM FOR EACH GRADE. SUCH
REGENTS SHALL DESIGN GRADING SCALES THAT ALIGN WITH STANDARDS-BASED
CURRICULUM AND DESIGNATE A PASSING STANDARDS-BASED SCORE FOR EACH GRADE
LEVEL. THE COMMISSIONER SHALL REQUIRE THE USE OF STATE SYLLABI AND CORE
CURRICULUM IN KINDERGARTEN THROUGH TWELFTH GRADE, WHERE AVAILABLE. THE
COMMISSIONER SHALL REQUIRE STUDENTS IN KINDERGARTEN THROUGH TWELFTH
GRADE THAT DO NOT RECEIVE A REGENTS-DESIGNATED PASSING SCORE, TO ATTEND
SUMMER SCHOOL.
S 4. This act shall take effect immediately; provided that section
three of this act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.