S T A T E O F N E W Y O R K
________________________________________________________________________
7366
2009-2010 Regular Sessions
I N A S S E M B L Y
March 31, 2009
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to the administration of
standardized tests
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 342 of the education law, as added
by chapter 813 of the laws of 1980, the closing paragraph as amended by
chapter 565 of the laws of 1986, is amended and two new subdivisions 12
and 13 are added to read as follows:
2. [Within ninety days after filing a standardized test pursuant to
subdivision one of this section and for a period of not less than ninety
days after the offer is made] A. AT OR THIRTY DAYS PRIOR TO THE ADMINIS-
TRATION OF A STANDARDIZED TEST, AND FOR A PERIOD OF NOT LESS THAN NINETY
DAYS AFTER THE ADMINISTRATION OF A STANDARDIZED TEST, the test agency
shall provide to the test subject the opportunity to [secure] REQUEST:
[a.] (I) a copy of the test questions used to calculate the test
subject's raw score;
[b.] (II) a copy of the test subject's answer sheet, or answer record
where there is no answer sheet, together with a copy of the correct
answer sheet to the same test with questions used to calculate the test
subject's raw score so marked; and
[c.] (III) a statement of the raw score used to calculate the scores
reported to the test subject.
[The agency may charge a nominal fee for providing such information,
not to exceed the direct cost thereof.]
B. THE TEST AGENCY SHALL PROVIDE A MEANS FOR THE TEST SUBJECT TO
REQUEST THE INFORMATION DESCRIBED IN SUBPARAGRAPHS (I), (II) AND (III)
OF PARAGRAPH A OF THIS SUBDIVISION THROUGH AN ONLINE INTERNET BASED LINK
OR TEST AGENCY HOME PAGE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08836-01-9
A. 7366 2
C. FORTY-FIVE DAYS AFTER THE RESULTS OF ANY STANDARDIZED TESTS ARE
RELEASED, THE TEST AGENCY SHALL MAKE AVAILABLE TO ANY TEST SUBJECT WHO
HAS REQUESTED THE MATERIALS DESCRIBED IN SUBPARAGRAPHS (I), (II) AND
(III) OF PARAGRAPH A OF THIS SUBDIVISION WITH THOSE MATERIALS WITHIN
TWENTY-FIVE DAYS AFTER THEY HAVE RECEIVED SUCH REQUEST.
D. EACH TEST AGENCY SHALL MAINTAIN A RECORD OF ALL SUCH REQUESTS FOR
EACH TEST ADMINISTRATION FOR A PERIOD OF ONE YEAR AFTER SUCH TEST ADMIN-
ISTRATION AND PROVIDE THE TOTAL NUMBER OF REQUESTS FOR SUCH TEST ADMIN-
ISTRATION IN AN ANNUAL REPORT TO THE DEPARTMENT.
E. EACH TEST AGENCY SHALL MAINTAIN A RECORD OF THE TOTAL NUMBER OF
ERRORS FOUND BY THE TEST SUBJECT AND AN EXPLANATION OF THE REASON FOR
SUCH ERRORS AND WHAT THE OUTCOME WAS REGARDING ANY CHANGE IN THE TEST
SUBJECT'S RAW SCORE AND SCALED SCORE.
F. THE AGENCY MAY CHARGE A NOMINAL FEE WHICH SHALL BE LIMITED TO TEN
DOLLARS, FOR MAKING THIS INFORMATION AVAILABLE, AND FURTHER, THAT AT
LEAST TWENTY PERCENT OF THE YEAR-TO-YEAR INCREASE IN TOTAL MANAGEMENT
SALARIES PAID BY THE TEST AGENCY AND TWENTY PERCENT OF THE YEAR-TO-YEAR
INCREASE IN TOTAL INCOME OF THE TEST AGENCY SHALL BE ACCOUNTED FOR SEPA-
RATELY AND ALLOCATED DIRECTLY FOR THE SOLE PURPOSE OF MAINTAINING THE
NOMINAL FEE STIPULATED HEREIN FOR MAKING THE MATERIALS DESCRIBED IN
SUBPARAGRAPHS (I), (II) AND (III) OF PARAGRAPH A OF THIS SUBDIVISION
AVAILABLE TO THE TEST SUBJECTS WHO HAVE REQUESTED SUCH MATERIALS.
G. Notwithstanding any other provision in this section, a test agency
shall permit a test subject to elect in writing OR ONLINE THROUGH AN
INTERNET BASED LINK OR TEST AGENCY HOME PAGE, this opportunity both at
the time the test subject registers to take a test and at the time the
test agency reports test scores to the test subject; provided, however,
that the provisions of this paragraph shall not apply where either the
materials described in [paragraph (a) or (b)] SUBPARAGRAPHS (I), (II)
AND (III) OF PARAGRAPH A of this subdivision are provided during the
test administration. The form permitting such election shall describe
the opportunity offered pursuant to this subdivision in clear and plain
English and shall be part of and included in the test registration form
and in a form provided to the test subject at the time test scores are
reported to the test subject. SUCH FORM PERMITTING SUCH ELECTION
DESCRIBING THE OPPORTUNITY TO OBTAIN THE MATERIALS SET FORTH IN SUBPARA-
GRAPHS (I), (II) AND (III) OF PARAGRAPH A OF THIS SUBDIVISION SHALL ALSO
BE AVAILABLE ON THE TEST AGENCY'S WEB SITE AND SHALL PROVIDE
INSTRUCTIONS ON HOW TO REQUEST THESE MATERIALS ELECTRONICALLY.
12. A. THERE IS HEREBY ESTABLISHED THE NEW YORK STATE BOARD OF TESTING
INTEGRITY WITHIN THE DEPARTMENT. SUCH BOARD SHALL CONSIST OF NINE
MEMBERS WHO SHALL EACH SERVE THREE YEAR TERMS. TWO MEMBERS SHALL BE
APPOINTED BY THE GOVERNOR, TWO MEMBERS SHALL BE APPOINTED BY THE TEMPO-
RARY PRESIDENT OF THE SENATE AND TWO MEMBERS SHALL BE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY. THE COMMISSIONER, THE ATTORNEY GENERAL AND THE
COMPTROLLER, OR THEIR DESIGNEE SHALL ALSO SERVE ON THE BOARD. THE FOCUS
OF THE BOARD SHALL BE TO REPRESENT AND PROTECT AT ALL TIMES AND FOR ALL
INSTANCES THE INTEREST OF THE TEST SUBJECT WHILE MAINTAINING THE INTEG-
RITY OF THE TESTING PROCESS.
B. THE BOARD SHALL BE RESPONSIBLE TO MAINTAIN, ASSESS AND MAKE RECOM-
MENDATIONS TO THE REGENTS ALL ASPECTS OF THE ADMINISTRATION OF STANDARD-
IZED TESTING IN NEW YORK, AS DEFINED IN THIS ARTICLE. THIS SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO:
(I) THE REGISTRATION PROCESS.
(II) COMPLIANCE WITH ALL APPLICABLE RULES AND LAWS REGARDING THE
DISCLOSURE OF RELEVANT AND REQUIRED INFORMATION.
A. 7366 3
(III) THE TEST SUBJECT'S ABILITY TO OBTAIN TEST QUESTIONS, THE CORRECT
ANSWERS TO THOSE QUESTIONS AND THE TEST SUBJECT'S TEST ANSWERS.
(IV) THE SECURITY OF THE TESTING PROCESS, INCLUDING THE HANDLING,
PACKAGING, TRANSPORTING, SCORING AND RECORDING OF ALL TEST ANSWER
SHEETS.
C. THE BOARD MAY REVIEW THE TESTING QUESTIONS TO IDENTIFY BIASES IN
THE QUESTIONS OR OTHER POSSIBLE TESTING ISSUES WHICH MAY AFFECT THE
SCORES OF ANY PARTICULAR GENDER, ETHNIC OR RELIGIOUS GROUP. THE BOARD
MAY REVIEW ALL ASPECTS OF THE TESTING ENVIRONMENT FOR OVERALL EQUITY FOR
ALL TEST SUBJECTS IN NEW YORK STATE.
D. ONCE A YEAR THE BOARD SHALL OVERSEE A PROCESS BY WHICH A ONE
PERCENT SAMPLE OF A PREVIOUSLY ADMINISTERED STANDARDIZED TEST BY EACH
TEST AGENCY OFFERED IN NEW YORK STATE ARE RESCORED TO EXAMINE ACCURACY,
AND CONSISTENCY OF SCORING ON ALL PORTIONS OF THE STANDARDIZED TEST.
E. THE PROCESS OF SAMPLING AND RESCORE SHALL BE CONDUCTED BY THE TEST
AGENCY ADMINISTRATING STANDARDIZED TESTS IN NEW YORK, WHO SHALL MAKE A
REPORT TO THE BOARD NOT MORE THAN SIXTY DAYS AFTER COMPLETING THIS
RESCORING WHICH WILL IDENTIFY ANY ERRORS IN SCORING, THE REASON FOR
THOSE ERRORS AND WHAT IS BEING DONE TO CORRECT SUCH ERRORS IN THE
FUTURE.
13. A FEE OF ONE DOLLAR SHALL BE PAID BY THE TEST AGENCY FOR EACH
STANDARDIZED TEST ADMINISTERED IN NEW YORK STATE, WHICH SHALL BE DEPOS-
ITED IN AN ACCOUNT ESTABLISHED BY THE NEW YORK STATE COMPTROLLER, WHICH
SHALL BE USED BY THE NEW YORK STATE BOARD OF TESTING INTEGRITY TO COVER
THE COSTS ASSOCIATED THEREWITH.
S 2. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law. A test agency
shall not be required to revise its application brochure or forms for
the test year commencing September 1, 2010 to incorporate the require-
ments of this act.