S T A T E O F N E W Y O R K
________________________________________________________________________
6594--A
2013-2014 Regular Sessions
I N A S S E M B L Y
April 10, 2013
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Introduced by M. of A. NOLAN, ROSENTHAL, THIELE, SCHIMEL, GUNTHER, RA,
OTIS, PEOPLES-STOKES, SKOUFIS, JAFFEE, FAHY, COLTON, HENNESSEY,
ZEBROWSKI, PAULIN, BRINDISI, LAVINE -- Multi-Sponsored by -- M. of A.
GLICK, LIFTON, MARKEY, SOLAGES -- read once and referred to the
Committee on Education -- recommitted to the Committee on Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law, in relation to requiring a study and
report on the total cost of developing all student assessments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 44 to read as follows:
44. A. THE COMMISSIONER SHALL UNDERTAKE A STUDY TO DETERMINE THE TOTAL
COST OF DEVELOPING ALL STUDENT ASSESSMENTS, INCLUDING THE TOTAL COST OF
PREPARING STUDENTS FOR ALL ASSESSMENTS, THE TOTAL COST OF ADMINISTERING
ALL ASSESSMENTS, AND THE TOTAL COST OF GRADING AND REVIEWING ALL ASSESS-
MENTS IN THE TWO THOUSAND THIRTEEN -- TWO THOUSAND FOURTEEN SCHOOL YEAR.
B. THIS STUDY REQUIRED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
SHALL RESULT IN A REPORT, WHICH DETAILS ALL SAID COSTS AND SHALL BE
FILED WITH THE GOVERNOR, THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE
SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE
FINANCE COMMITTEE AND THE CHAIRS OF THE ASSEMBLY AND SENATE EDUCATION
COMMITTEES. SUCH REPORT SHALL ALSO BE POSTED ON THE WEBSITE OF THE
DEPARTMENT BY DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN AND SHALL BE
DEEMED A PUBLIC DOCUMENT.
C. THE COMMISSIONER'S STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING INFORMATION:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10237-04-4
A. 6594--A 2
(1) THE TOTAL NUMBER OF STUDENT ASSESSMENTS ADMINISTERED IN EACH
SCHOOL DISTRICT IN THE STATE. THIS SHALL INCLUDE A COUNT OF STATE
REQUIRED ASSESSMENTS AND ASSESSMENTS WHICH ARE LOCALLY OR COMMERCIALLY
DEVELOPED ASSESSMENTS WHICH ARE ADMINISTERED BY PUBLIC SCHOOL DISTRICTS
AND THE TOTAL NUMBER OF ASSESSMENTS EACH STUDENT COHORT WAS ADMINISTERED
ON AVERAGE FROM KINDERGARTEN THROUGH GRADE TWELVE DURING THE TWO THOU-
SAND THIRTEEN -- TWO THOUSAND FOURTEEN SCHOOL YEAR;
(2) THE TOTAL COST OF STUDENT ASSESSMENTS ADMINISTERED IN EACH SCHOOL
DISTRICT IN THE STATE. THE TOTAL COST SHALL BE DISAGGREGATED TO DETER-
MINE THE AMOUNT OF PUBLIC FUNDS WHICH WERE EXPENDED ON NON-SCHOOL
DISTRICT EMPLOYEES, VENDORS, AND OTHER ENTITIES WITH WHICH THE STATE AND
SCHOOL DISTRICTS CONTRACT FOR STUDENT ASSESSMENT PURPOSES INCLUDING
PURCHASE AND LICENSING COSTS, TEST DEVELOPMENT, TEST BOOKLETS, SCORING
SHEETS AND SCORING COSTS;
(3) LOGISTICAL, PREPARATION AND ADMINISTRATION COSTS INCLUDING, BUT
NOT LIMITED TO, DISTRIBUTING AND COLLECTING ASSESSMENT MATERIALS,
ASSESSMENT DIRECTIONS, AND STORING MATERIALS;
(4) COST OF TEST PREPARATION MATERIALS;
(5) COST OF DATA COACHES;
(6) COST OF DATA ANALYSIS OR DASHBOARD SYSTEMS, INFORMATION TECHNOLOGY
MAINTENANCE, PURCHASE, OR UPGRADE;
(7) COST OF PROFESSIONAL DEVELOPMENT FOCUSED PRIMARILY ON STUDENT
ASSESSMENT DATA;
(8) COST OF TRAINING FOR TEST ADMINISTRATORS AND PROCTORS;
(9) PER-PUPIL COSTS OF ANY ADDITIONAL ASSESSMENTS ADMINISTERED TO
STUDENT SUBGROUPS INCLUDING ENGLISH LANGUAGE LEARNERS, STUDENTS RECEIV-
ING INTERVENTION OR REMEDIATION SERVICES, STUDENTS WITH DISABILITIES,
AND ECONOMICALLY DISADVANTAGED STUDENTS; AND
(10) ANY OTHER COSTS RELATED TO STUDENT ASSESSMENTS.
D. IN ADDITION, THE STUDY SHALL DETERMINE THE TOTAL AMOUNT OF TIME
SPENT BY SCHOOL ADMINISTRATORS, TEACHERS, AND STUDENTS ON STUDENT
ASSESSMENTS AND ASSOCIATED ACTIVITIES DURING THE TWO THOUSAND THIRTEEN-
-TWO THOUSAND FOURTEEN SCHOOL YEAR. THIS SHALL INCLUDE TIME SPENT BY
STUDENTS TAKING ALL STATE AND DISTRICT ASSESSMENTS; TIME SPENT BY SCHOOL
ADMINISTRATORS AND TEACHERS FOR ADMINISTRATIVE TASKS SUCH AS DISTRIBUT-
ING AND COLLECTING ANSWERING SHEETS AND GIVING DIRECTIONS, AND THE TOTAL
AMOUNT OF TIME SPENT PREPARING STUDENTS TO TAKE THE ASSESSMENTS. TIME
RELATED DATA COLLECTED PURSUANT TO THIS PARAGRAPH SHALL BE DISAGGREGATED
BY THE FOLLOWING STUDENT GROUPS: ENGLISH LANGUAGE LEARNERS, STUDENTS
RECEIVING INTERVENTION OR REMEDIATION SERVICES, STUDENTS WITH DISABILI-
TIES, GENERAL EDUCATION STUDENTS, AND ECONOMICALLY DISADVANTAGED
STUDENTS.
E. THE COMMISSIONER SHALL SUBMIT THE METHODOLOGY USED TO CALCULATE THE
COSTS ASSOCIATED WITH STUDENT ASSESSMENTS TO THE COMPTROLLER BEFORE THE
COMMISSIONER CONDUCTS THE STUDY PURSUANT TO THIS SUBDIVISION. THE COMP-
TROLLER SHALL MAKE A WRITTEN ANALYSIS OF THE METHODOLOGY USED BY THE
COMMISSIONER TO DETERMINE THE COSTS ASSOCIATED WITH STUDENT ASSESSMENTS.
THE COMPTROLLER'S ANALYSIS SHALL INCLUDE A DETERMINATION ABOUT THE QUAL-
ITY OF THE METHODOLOGY USED BY THE COMMISSIONER AND THE EXTENT TO WHICH
THE METHODOLOGY WILL RESULT IN AN ANALYSIS THAT PROPERLY ACCOUNTS FOR
THE ACTUAL COSTS INCURRED BY SCHOOL DISTRICTS ON STUDENT ASSESSMENTS AND
RELATED ACTIVITIES.
S 2. Section 305 of the education law is amended by adding a new
subdivision 45 to read as follows:
45. A. THE COMMISSIONER SHALL UNDERTAKE A STATE-WIDE SURVEY OF SCHOOL
ADMINISTRATORS AND TEACHERS ABOUT THE TIME THEY SPEND ON TEST PREPARA-
A. 6594--A 3
TION FOR EACH STUDENT ASSESSMENT AND THE IMPACT OF TEST PREPARATION ON
THE QUALITY OF INSTRUCTION. THE SURVEY SHALL PROVIDE SCHOOL ADMINISTRA-
TORS AND TEACHER RESPONDENTS ANONYMITY. THE SURVEY SHALL INCLUDE: THE
IMPACT THAT STUDENT ASSESSMENTS HAVE ON CURRICULUM; THE AMOUNT OF TIME A
TEACHER SPENDS ON TEST-TAKING STRATEGIES, SIMULATING THE TESTING ENVI-
RONMENT, AND ALIGNING CURRICULUM CONTENT TO ASSESSMENTS; THE EXTENT TO
WHICH ASSESSMENTS AFFECT INSTRUCTION TIME FOR DIFFERENT STUDENT
SUBGROUPS; AND ANY OTHER RELEVANT QUESTIONS ABOUT THE IMPACT OF STUDENT
ASSESSMENTS ON THE SCHOOL LEARNING ENVIRONMENT. IN ADDITION THE SURVEY
SHALL SOLICIT RECOMMENDATIONS FROM SCHOOL ADMINISTRATORS AND TEACHERS
REGARDING MAKING STUDENT ASSESSMENTS COST EFFECTIVE, TIME EFFICIENT,
SUPPORTIVE OF TEACHING AND LEARNING, ALIGNED WITH THE CURRICULUM AND
FOCUSED ON STUDENT AND TEACHER GROWTH.
B. THIS SURVEY SHALL RESULT IN A REPORT WHICH DETAILS THE RESULTS AND
CONCLUSIONS FROM THE SURVEY AND SHALL BE FILED WITH THE GOVERNOR, THE
DIRECTOR OF THE DIVISION OF THE BUDGET, THE SPEAKER OF THE ASSEMBLY, THE
TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE ASSEMBLY WAYS AND
MEANS COMMITTEE, THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE
CHAIRS OF THE ASSEMBLY AND SENATE EDUCATION COMMITTEES BY DECEMBER THIR-
TY-FIRST, TWO THOUSAND FOURTEEN. SUCH REPORT SHALL ALSO BE POSTED ON THE
WEBSITE OF THE DEPARTMENT AND SHALL BE DEEMED A PUBLIC DOCUMENT. THE
REPORT SHALL NOT INCLUDE ANY INFORMATION WHICH SPECIFICALLY IDENTIFIES
ANY INDIVIDUAL SCHOOL ADMINISTRATOR, TEACHER OR PUPIL.
S 3. This act shall take effect immediately.