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

                                  7719

                            I N  S E N A T E

                              June 15, 2012
                               ___________

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

AN ACT to amend the education law, in relation  to  pre  and  post  test
  reporting requirements and test site registration and sign in

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section  340  of  the  education  law,  as
amended  by  chapter  813  of  the laws of 1980, is amended and five new
subdivisions 10, 11, 12, 13 and 14 are added to read as follows:
  3. "Test subject" means an individual to whom a test  is  administered
OR AN INDIVIDUAL WHO HAS REGISTERED TO TAKE A TEST.
  10.  "HOME  HIGH SCHOOL" MEANS THE HIGH SCHOOL AT WHICH A TEST SUBJECT
IS OR WAS A MATRICULATED STUDENT AT THE TIME OF TESTING.
  11. "TESTING SITE" MEANS ANY LOCATION WHERE  A  STANDARDIZED  TEST  IS
ADMINISTERED TO A TEST SUBJECT.
  12. "TEST SITE PERSONNEL" MEANS A PERSON PRESENT AT A TESTING SITE WHO
SIGNS  IN TEST SUBJECTS WHO ARE REGISTERED TO TAKE THE TEST AT THAT SITE
AND WHO OVERSEES THE ADMINISTRATION OF A STANDARDIZED TEST. FOR PURPOSES
OF THIS DEFINITION, TESTING SITE  PERSONNEL  MAY  INCLUDE,  BUT  NOT  BE
LIMITED TO, A PROCTOR, TEST CENTER SUPERVISOR, ASSISTANT SUPERVISOR OR A
ROOM  PROCTOR.  EACH  MAY  HAVE  A DIFFERENT ROLE IN TEST ADMINISTRATION
OVERSIGHT.
  13. "ACCEPTABLE PHOTO IDENTIFICATION" MEANS  A  SCHOOL  IDENTIFICATION
CARD,  A  SCHOOL IDENTIFICATION FORM PREPARED BY THE HOME HIGH SCHOOL, A
STATE-ISSUED DRIVER'S LICENSE, A STATE-ISSUED  NON-DRIVER'S  LICENSE,  A
PASSPORT,  A  MILITARY  IDENTIFICATION CARD OR A GOVERNMENT ISSUED IDEN-
TIFICATION CARD. THE PHOTOGRAPH ON ANY SUCH IDENTIFICATION CARD MUST  BE
A CURRENT REPRESENTATION OF THE TEST TAKER'S IMAGE.
  14.  "PHOTO ADMISSION TICKET" MEANS A TICKET ASSIGNED TO A TEST REGIS-
TRANT, UPON REGISTERING TO TAKE THE ACT  ASSESSMENT  (ACT)  OR  THE  SAT
WHICH  IS  PRODUCED BY THE TEST AGENCY ACCORDING TO SUCH AGENCY'S RULES,
REGULATIONS OR PROTOCOLS.
  S 2. The education law is amended by adding a  new  section  344-d  to
read as follows:

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

                                                           LBD16234-02-2

S. 7719                             2

  S  344-D.  PRE  AND  POST TEST REPORTING REQUIREMENTS AND TESTING SITE
REGISTRATION AND SIGN IN REQUIREMENTS. 1. THIS SECTION SHALL ONLY  APPLY
TO  UNDERGRADUATE  COLLEGE  ADMISSION  EXAMS  SUCH AS THE SAT OR THE ACT
ASSESSMENT (ACT).
  2. (A) UPON REGISTERING TO SIT FOR THE SAT OR ACT A TEST SUBJECT SHALL
REPORT  TO  THEIR  HOME  HIGH  SCHOOL THE TESTING SITE AT WHICH THEY ARE
REGISTERED TO TAKE THE EXAM;
  (B) UPON COMPLETION OF THE EXAM AND RECEIPT OF THEIR SCORE,  THE  TEST
SUBJECT MUST REPORT SUCH SCORE TO THEIR HOME HIGH SCHOOL.
  3.  IN ORDER FOR A TEST SUBJECT TO SIT FOR SAT OR ACT THE TEST SUBJECT
UPON SIGN IN, MUST PROVIDE TO THE APPROPRIATE TEST SITE PERSONNEL AT THE
TESTING SITE, THE FOLLOWING:
  (A) IF A TEST SUBJECT IS REGISTERED TO TAKE AND IS TAKING THE TEST  AT
THEIR  HOME HIGH SCHOOL OR IF THE TEST SUBJECT IS REGISTERED TO TAKE THE
EXAM AND IS TAKING THE EXAM AT A SITE THAT IS  NOT  THE  TEST  SUBJECT'S
HOME  HIGH  SCHOOL, THE TEST SUBJECT MUST PROVIDE ONE FORM OF ACCEPTABLE
PHOTO IDENTIFICATION AND A PHOTO ADMISSION TICKET.
  (B) A TEST SUBJECT MUST PRE-REGISTER TO TAKE THE EXAM  AND  MUST  TAKE
THE EXAM AT THE TESTING SITE AT WHICH THEY ARE REGISTERED. WALK-INS TO A
DIFFERENT SITE SHALL NOT BE ALLOWED TO SIT FOR THE EXAM.
  4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT ANY OTHER TEST
DAY OR POST TEST DAY POLICIES AND PROCEDURES REQUIRED BY THE TEST  AGEN-
CY.
  S  3. Reporting. The test agencies administering the SAT and ACT shall
report to the higher education committees in the senate and the assembly
one year from the effective date of this act. Any further reports  shall
be given upon request of either committee chair, after a reasonable time
has  been  given  for  such  test  agencies to compile such report. Such
report shall include but not be limited to:
  (a) a review of current security procedures;
  (b) the number of cases of suspected test score irregularity;
  (c) the number of canceled test scores per  year  and  the  number  of
cases referred to the proper authorities; and
  (d) a review of test site personnel training procedures.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.