Senate Bill S4882

2011-2012 Legislative Session

Provides that certain information concerning standardized test scores shall be provided to all test subjects who do not sign a waiver

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to higher education
Apr 28, 2011	referred to higher education

2011-S4882 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §342, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1444
2013-2014: S3023
2015-2016: S1186
2017-2018: S4124

2011-S4882 (ACTIVE) - Summary

Provides that certain information concerning standardized test scores shall be provided to all test subjects who do not sign a waiver.

2011-S4882 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4882

TITLE OF BILL:

An act
to amend the education law, in relation to the disclosure of
standardized test scores

PURPOSE:

The purpose of this bill is to require testing agencies to provide
test subjects, who do not sign a waiver electing not to receive such
information, with a copy of the test questions used to calculate the
test subject's raw score, a copy of the test subject's answer sheet,
or answer record where there is no answer sheet, together with a copy
of the corrected answer sheet to the same test with questions used to
calculate the test subject's raw score so marked; and a statement of
the raw score used to calculate the score reported to the test subject.

SUMMARY OF PROVISIONS:

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 a new subdivision 2-a is added.

JUSTIFICATION:

Under current law, the testing agency is only required to provide test
subjects with a copy of the test questions, a copy of the test
subject's answer sheet or answer record, together with a copy of the
corrected answer sheet, when the test subject requests that
information. This bill is written to facilitate the test subjects
acquisition of such information, to which they are entitled under
current law, but have to pay for and specifically request at a later
time. Many of these standardized tests are crucial to the test
subjects future and often, the test subject is unaware of his/her
right to receive the aforementioned information. This bill will
require test agencies to inform test subjects of this right, by
providing a waiver both at the time the test subject registers to
take a test and at the time the test agency reports the scores to the
test subject; unless such waiver is provided during the test
administration. A test subject who signs a waiver choosing not
to receive such information will be held to that decision and the
information will only be made available to said test subject where
extenuating circumstances exist.

LEGISLATIVE HISTORY:

2009-10: S.1444
2007-08: S.4154
2003-04: S.1691

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become law.

2011-S4882 (ACTIVE) - Bill Text download pdf

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

                                  4882

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 28, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in  relation  to  the  disclosure  of
  standardized test scores

  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 a new subdivision 2-a is
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, the test agency shall provide [to the test
subject the opportunity to secure] ALL TEST SUBJECTS WHO DO NOT  SIGN  A
WAIVER WITH:
  a.  a  copy of the test questions used to calculate the test subject's
raw score;
  b. 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.  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.  Notwithstanding  any other
provision in this section, a test agency shall permit a test subject  to
elect  in  writing  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) of this subdivision are provided during the test

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06720-01-1

S. 4882                             2

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.]
  THE COST OF PROVIDING SUCH INFORMATION SHALL BE INCLUDED IN THE REGIS-
TRATION FEE, NOT TO EXCEED THE STANDARD COST OF PROVIDING SUCH  INFORMA-
TION. A TEST AGENCY SHALL PROVIDE ALL TEST SUBJECTS WITH THE OPPORTUNITY
TO  SIGN  A WAIVER ELECTING NOT TO RECEIVE SUCH INFORMATION, BOTH AT THE
TIME THE TEST SUBJECT REGISTERS TO TAKE A TEST AND AT THE TIME THE  TEST
AGENCY  REPORTS  THE  SCORES  TO THE TEST SUBJECT; UNLESS SUCH WAIVER IS
PROVIDED DURING THE TEST ADMINISTRATION. WAIVERS SHALL BE FINAL AND TEST
INFORMATION MAY ONLY BE MADE AVAILABLE TO A TEST SUBJECT WHO HAS  WAIVED
THEIR  RIGHT  TO SUCH INFORMATION WHERE EXTENUATING CIRCUMSTANCES EXIST.
TEST SUBJECTS SHALL RECEIVE SUCH INFORMATION WITHIN A TIME NOT TO EXCEED
NINETY DAYS FROM SUCH TEST SUBJECT'S RECEIPT OF HIS OR HER SCORE.
  2-A. TEST SUBJECTS WHO TAKE A TEST VIA A COMPUTER AND DO  NOT  SIGN  A
WAIVER,  SHALL  PROVIDE  THE TEST AGENCY WITH AN E-MAIL ADDRESS TO WHICH
THE INFORMATION SET FORTH IN SUBDIVISION TWO OF THIS  SECTION  SHALL  BE
DELIVERED. TEST SUBJECTS WHO TAKE A WRITTEN TEST AND DO NOT SIGN A WAIV-
ER  SHALL  RECEIVE  THE INFORMATION SET FORTH IN SUBDIVISION TWO OF THIS
SECTION THROUGH THE MAIL.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Senate Bill S4882

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

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2011-S4882 (ACTIVE) - Details

2011-S4882 (ACTIVE) - Summary

2011-S4882 (ACTIVE) - Sponsor Memo

2011-S4882 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

2011-S4882 (ACTIVE) - Details

2011-S4882 (ACTIVE) - Summary

2011-S4882 (ACTIVE) - Sponsor Memo

2011-S4882 (ACTIVE) - Bill Text download pdf

Comments