S T A T E O F N E W Y O R K
________________________________________________________________________
5073
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
___________
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 directing the commis-
sioner of education to develop alternative assessments for regents
exams
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby finds and
declares that the use of rigorous alternative assessments for measuring
knowledge, skills, performance and competency in the public schools has
been an acceptable and indeed desirable alternative to the use of
regents examinations as a means of gauging student achievement. Further-
more, portfolio performance-based assessments have been approved in New
York state by the state education department and the state board of
regents during the past decade. Portfolio performance-based methods of
testing are used in other states and many institutions of higher learn-
ing and will allow high schools, which so choose, to have the flexibili-
ty and innovative freedom necessary to educate and nurture the children
of New York state within the framework of the state's high standards.
S 2. The education law is amended by adding a new section 319 to read
as follows:
S 319. ALTERNATIVE ASSESSMENTS. 1. NOTWITHSTANDING ANY PROVISION OF
LAW, RULE OR REGULATION TO THE CONTRARY, ALL STUDENTS ENROLLED IN A HIGH
SCHOOL WHICH OPERATED UNDER A VARIANCE BY THE COMMISSIONER TO USE ALTER-
NATIVE ASSESSMENTS DURING THE TWO THOUSAND--TWO THOUSAND ONE SCHOOL YEAR
SHALL ONLY BE REQUIRED TO ACHIEVE A PASSING GRADE ON THE REGENTS EXAM-
INATION FOR ENGLISH, IN ADDITION TO ANY OTHER LOCAL GRADUATION REQUIRE-
MENTS, TO MEET GRADUATION REQUIREMENTS ESTABLISHED BY THE DEPARTMENT.
2. ANY STUDENT WHO ENROLLS IN A HIGH SCHOOL DURING THE TWO THOUSAND
TWO--TWO THOUSAND THREE THROUGH TWO THOUSAND TEN--TWO THOUSAND ELEVEN
SCHOOL YEARS WHICH OPERATED UNDER A VARIANCE BY THE COMMISSIONER TO USE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08245-01-9
A. 5073 2
ALTERNATIVE ASSESSMENTS DURING THE TWO THOUSAND--TWO THOUSAND ONE SCHOOL
YEAR SHALL ONLY BE REQUIRED TO ACHIEVE A PASSING GRADE ON THE REGENTS
EXAMINATIONS FOR ENGLISH AND MATHEMATICS, IN ADDITION TO ANY OTHER LOCAL
GRADUATION REQUIREMENTS, TO MEET GRADUATION REQUIREMENTS ESTABLISHED BY
THE DEPARTMENT.
3. THE COMMISSIONER SHALL DEVELOP A PORTFOLIO PERFORMANCE-BASED ALTER-
NATIVE ASSESSMENT WHICH WILL MEASURE AN EQUIVALENT LEVEL OF KNOWLEDGE
AND SKILL AND WHICH MAY BE SUBSTITUTED FOR CERTAIN ASSESSMENTS SPECIFIED
IN REGULATIONS PROMULGATED BY THE DEPARTMENT. A PORTFOLIO
PERFORMANCE-BASED ALTERNATIVE ASSESSMENT FOR THE REGENTS EXAMINATIONS
FOR GLOBAL HISTORY AND GEOGRAPHY, UNITED STATES HISTORY AND GOVERNMENT,
AND THE SCIENCES SHALL MEET THE FOLLOWING CONDITIONS AND CRITERIA:
(A) ASSESSMENTS SHALL MEASURE THE STATE LEARNING STANDARDS FOR THE
RESPECTIVE CONTENT AREA;
(B) ALTERNATIVE ASSESSMENTS SHALL BE AT LEAST AS RIGOROUS AS THE
CORRESPONDING REQUIRED STATE ASSESSMENT;
(C) ALTERNATIVE ASSESSMENTS SHALL BE CONSISTENT WITH TECHNICAL CRITE-
RIA FOR VALIDITY, RELIABILITY, AND FREEDOM FROM BIAS;
(D) ALTERNATIVE ASSESSMENTS SHALL BE AVAILABLE FOR USE BY ANY SCHOOL
OR SCHOOL DISTRICT IN NEW YORK STATE; AND
(E) ALTERNATIVE ASSESSMENT PROCEDURES SHALL BE CONDUCTED UNDER CIRCUM-
STANCES APPROVED BY THE COMMISSIONER.
S 3. This act shall take effect immediately, provided, however, that
the commissioner of education is directed to promulgate rules and regu-
lations necessary for the implementation of the provisions of subdivi-
sion 3 of section 319 of the education law as added by section two of
this act on or before the first of July two years after the date on
which it shall have become a law.