Senate Bill S6946

                                 BILL NUMBER:  S6946

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


 PURPOSE :
To prohibit the administration of more than one Regents examination on
any given day 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.

 SUMMARY OF PROVISIONS :
Section 4402 of 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 no student is subjected to
this situation, rather than imposing these circumstances and requiring
the school district to fix the problem each time it occurs.

* 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.

 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)

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law; with provisions.