S T A T E O F N E W Y O R K
________________________________________________________________________
5029
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. BRODSKY, BRADLEY -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to enacting the educa-
tional standards and assessment act of 2009
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known as "the educational standards and
assessment act of 2009".
S 2. Legislative findings and purpose. The legislature finds that
standardized state-wide tests are not the only valid measurement of
success in meeting higher standards. There is substantial controversy
about the use of such standardized tests as the sole method of evaluat-
ing student performance. There are many students whose command of infor-
mation presented to them in class, whose ability to think independently
and creatively, and whose ability to express themselves is unquestion-
able. It is equally clear that these skills may not always be accurately
measured by the ability to pass standardized tests under time pressure.
Therefore, it is the purpose of this act to permit school districts
which have identified either individual students or groups of students
suitable for such purpose to create an alternative assessment procedure.
These alternative assessment procedures may include an individual
assessment plan as an alternative to state-wide standardized regents
exams or as a supplement to them for those who take and pass some or
most of the regents exams. They may include alternative standardized
testing.
S 3. The education law is amended by adding a new section 319 to read
as follows:
S 319. ALTERNATIVE ASSESSMENT PROCEDURE. 1. SCHOOL DISTRICTS WHICH
HAVE IDENTIFIED EITHER INDIVIDUAL STUDENTS OR GROUPS OF STUDENTS SUIT-
ABLE THEREFOR MAY CREATE AN ALTERNATIVE ASSESSMENT PROCEDURE. ALTERNA-
TIVE ASSESSMENT PROCEDURES MAY INCLUDE AN INDIVIDUAL ASSESSMENT PLAN AS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08250-01-9
A. 5029 2
AN ALTERNATIVE TO STATE-WIDE STANDARDIZED REGENTS EXAMS OR AS A SUPPLE-
MENT TO THEM FOR THOSE WHO TAKE AND PASS SOME OR MOST OF THE REGENTS
EXAMS. SUCH PLAN MAY INCLUDE THE ABILITY TO DO SEGMENTED RETESTING FOR
THOSE WHO FAIL PART OF A REGENTS EXAM AND ALTERNATIVE STANDARDIZED TEST-
ING.
2. ALTERNATIVE ASSESSMENT PROCEDURES SHALL HAVE ALL ELEMENTS OF THE
STANDARDS, CURRICULUM, INSTRUCTION, AND ASSESSMENTS RIGOROUSLY MAIN-
TAINED AND PROVIDE FOR THE CREATION, BASED ON THE MODEL OF THE EXISTING
STATE ASSESSMENT PANELS, OF REGIONAL ASSESSMENT PANELS. SUCH PANELS
SHALL RIGOROUSLY EVALUATE AND APPROVE ANY ALTERNATIVE ASSESSMENT MECH-
ANISM. THE PANELS SHALL BE EXTERNAL AND REGIONAL, SHALL BE FAIR AND
UNIFORM IN EFFECT, SHALL ENSURE THE ALIGNMENT OF CURRICULUM TO STATE
STANDARDS, SHALL ADHERE TO CUMULATIVE DOCUMENTATION OF STUDENT ACHIEVE-
MENT AND SPECIFIED CRITERIA FOR SPECIFIC LEVELS OF MASTERY, AND SHALL
REQUIRE RIGOROUS PROFESSIONAL DEVELOPMENT FOR THOSE WHO SERVE AS EVALU-
ATORS.
S 4. This act shall take effect immediately.