Assembly Bill A6736

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

                                  6736

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced  by M. of A. WEISENBERG, WALKER, J. RIVERA, SCHIMEL, BENEDET-
  TO, GUNTHER, KOON, SPANO,  BARRA,  DUPREY,  MOLINARO,  KOLB,  MILLMAN,
  SCHROEDER,  MAYERSOHN,  P. RIVERA, MAISEL, TITUS -- Multi-Sponsored by
  -- M. of A.  ABBATE,  BALL,  CONTE,  CROUCH,  DelMONTE,  DIAZ,  FINCH,
  GIGLIO, HOOPER, JEFFRIES, MARKEY, MILLER, PHEFFER, ROBINSON, SALADINO,
  SAYWARD,  SCARBOROUGH,  SCOZZAFAVA,  SWEENEY,  THIELE -- read once and
  referred to the Committee on Education

AN ACT to amend the education law, in relation to the administration  of
  exams to students with disabilities

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

  Section 1. Legislative findings and intent. The legislature finds that
certain students with disabilities are  allowed  extended  testing  time
according  to their individual education program, or perhaps even accom-
modations provided pursuant to regulations promulgated under section 504
of the Rehabilitation Act of 1973. The legislature  further  finds  that
these  students,  as a result of this extended time allowance, are being
subjected to ten or eleven straight  hours  of  testing  when  they  are
required to take two regents exams on the same date.
  The  legislature  acknowledges  the department of education's need for
security concerning the substance  of  the  examination.  As  such,  the
legislature  understands  the department's continuing hesitance to allow
these students with disabilities to take the exams on  days  other  than
which they had been officially scheduled.
  However, the benefits of providing these children with respite between
each exam far outweighs the potential of one of these students garnering
information about the exam from another student who had previously taken
the  exam.  Therefore,  it is the intent of this legislature to have the
commissioner of education implement  a  process  whereby  students  with
certain  disabilities  are  not  required  to take more than one regents
examination in any given day.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10290-01-9
              

A. 6736                             2

  S 2. The education law is amended by adding a new section 319 to  read
as follows:
  S  319. EXAMINATION OF STUDENTS WITH DISABILITIES. 1. THE COMMISSIONER
SHALL ENSURE THAT ANY CHILD WHO HAS EXTENDED TESTING TIME PROVISIONS  ON
HIS  OR HER INDIVIDUAL EDUCATION PROGRAM, OR WHO RECEIVES EXTENDED TEST-
ING TIME ACCOMMODATIONS PURSUANT TO SECTION 504  OF  THE  REHABILITATION
ACT  OF  1973, SHALL ONLY BE REQUIRED TO TAKE ONE REGENTS EXAMINATION ON
ANY GIVEN DAY.
  2. THE STUDENT WHO HAS EXTENDED TESTING TIME PROVISIONS ON HIS OR  HER
INDIVIDUAL  EDUCATION  PROGRAM,  OR  WHO  RECEIVES EXTENDED TESTING TIME
ACCOMMODATIONS PURSUANT TO SECTION 504  OF  THE  REHABILITATION  ACT  OF
1973,  OR  HIS  OR  HER  MOTHER, FATHER, OR OTHER LEGAL GUARDIAN MAY, IN
THEIR OWN DISCRETION, WAIVE THE PROVISIONS OF SUBDIVISION  ONE  OF  THIS
SECTION.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment, 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.