BILL NUMBER:  S1257

 TITLE OF BILL :
An act to amend the education law, in relation to limiting the use of
standardized tests for purposes of promotion and establishes criteria
for a high school diploma


 PURPOSE :
To limit the use of standardized tests for purposes of promotion and
to expand the criteria for assessing academic performance on high
stakes exit exams.

 SUMMARY OF PROVISIONS :
Section one adds a new section 3204-a to the education law.
Subdivisions 1 and 2 limit the use of standardized tests for promotion
in grades k-8 and requires that any decision to promote a student
shall take into consideration a child's academic performance in the
classroom. Subdivision 3 provides that the criteria to be used shall
be determined by the Commissioner and transmitted to all school
districts.

Subdivisions 4 directs that the score on a regents exam that is
required for a high school diploma shall be a composite score, the
components of which shall be as follows: the grade on the required
regents exam to be worth 75%; and course work as determined by the
              

local school district to be worth 25%.

Section 2 provides for an effective date of July 1st next succeeding
the date on which it shall have become law; provided that the Board of
Regents of the University of the State of New York promulgate any
rules and regulations necessary for implementation on or before such
date.

 EXISTING LAW :
NYCRR 100.5 provides Regents Diploma requirements.

 JUSTIFICATION :
In 1996, in an effort to raise academic standards, the Board of
Regents issued revised learning standards as well the phase in of a
new policy requiring all students to pass five Regents exams in order
to receive a high school diploma. While the learning standards are
highly laudable, the exclusive reliance on standardized tests for
promotion and graduation has raised a number of questions, if not
controversy. There is ample evidence that children have different
learning styles as well as diverse ways of demonstrating academic
achievement.

Consequently, many parents, students, educators and policy-makers have
concerns that "high stakes," "one-size-fits-all" methodologies used to
promote children and/or receive a high school diploma undermine the
full implementation and potential of the learning standards.  This
bill recognizes the importance of standards, recognizes that a
student's course work must also be taken into consideration when
outcomes as critical as promotion or graduation are at stake.

In 2003, the Legislature held five hearings on the Regents Standards
and Graduation Requirements. Much of the testimony presented was
critical of the State's increasing dependence on standardized testing.
Many people expressed concerns about "teaching to the test".  Some
educators stated that they were being stymied in their ability to
challenge and engage students. A "one-size-fits all" evaluation tool
was narrowing the subject matter and reducing the educational
experience that even highly qualified teachers could offer their
students. Additionally, teaching-for-the-test frustrated many such
teachers because they could not draw on the wealth of teaching tools
they had acquired.  This bill reflects the concern that sufficient
populations of students are at risk of academic failure due to the
unintended consequences of high stakes testing.

 LEGISLATIVE HISTORY :
2007-2008:  S.1464 - Referred to Education
2005-2006:  S.3682 - Referred to Education
2003-2004:  S.7602 - Passed Senate

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
July 1st next succeeding the date on which it shall have become law;
provided that the Board of Regents of the University of the State of
New York promulgate any rules and regulations necessary for
implementation on or before such date.