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

                                 8074--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 18, 2013
                               ___________

Introduced  by  M.  of  A.  NOLAN,  MORELLE,  BUCHWALD  -- 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 committee

AN ACT to amend the education law, in relation to computer-based assess-
  ment technology apportionment

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

  Section 1. Legislative intent. The  legislature  hereby  finds  it  an
essential goal to ensure that all New York students receive a high-qual-
ity  education.  The  legislature  supports  the  goals  of the board of
regents in developing a rich educational system that  provides  multiple
pathways  to  graduation,  so  that  all students are college and career
ready. The legislature also recognizes that ensuring  our  students  are
fully  prepared  to compete in the global marketplace requires a signif-
icant investment of time and resources. As such, it is vitally important
to invest wisely in the development and administration  of  high-quality
assessments  that  not  only  measure the progress of students attaining
such standards, but also enhance the overall goal of  student  learning.
However,  the  financial investments associated with the development and
administration of high-quality assessments are not yet  fully  measured,
and  have  the  potential  to be significant. Therefore, the legislature
determines that the costs associated with the  development,  implementa-
tion,  and administration of high-quality assessments shall not be borne
by local taxpayers, and shall instead be  fully  funded  with  financial
support from the state.
  S  2. The education law is amended by adding a new section 755 to read
as follows:
  S 755. COMPUTER-BASED ASSESSMENT TECHNOLOGY APPORTIONMENT. 1. IN ADDI-
TION TO ANY OTHER APPORTIONMENTS UNDER THIS  CHAPTER,  FOR  AID  PAYABLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10685-06-4
              

A. 8074--A                          2

BEGINNING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR,
A SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE
ELIGIBLE  FOR  AN APPORTIONMENT UNDER THE PROVISIONS OF THIS SECTION FOR
ALL  TECHNOLOGY  PURCHASES  NECESSARY TO ADMINISTER COMPUTER-BASED STATE
ASSESSMENTS.
  2. FOR PURPOSES OF THIS SUBDIVISION, "TECHNOLOGY PURCHASES" SHALL MEAN
NEW PURCHASES OF, AND/OR UPGRADES OF EXISTING, COMPUTERS AND ANY  COMPU-
TER-RELATED  EQUIPMENT,  INCLUDING  HARDWARE AND ANY NECESSARY SOFTWARE,
NEEDED TO ADEQUATELY ADMINISTER REQUIRED  COMPUTER-BASED  STATE  ASSESS-
MENTS.
  3. THE TECHNOLOGY PURCHASES SHALL BE OF A SUFFICIENT QUALITY TO:
  A.  PROPERLY  AND  SECURELY  ADMINISTER  EACH  REQUIRED COMPUTER-BASED
ASSESSMENT PRESCRIBED BY THE DEPARTMENT; AND
  B. PROPERLY HANDLE THE NUMBER  OF  STUDENTS  IN  A  PARTICULAR  SCHOOL
DISTRICT  OR  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES TAKING A COMPU-
TER-BASED STATE ASSESSMENT AT A GIVEN TIME, IN THE TIME ALLOTTED BY  THE
DEPARTMENT.
  4.  NO  SCHOOL  DISTRICT  SHALL  BE  REQUIRED TO PURCHASE OR OTHERWISE
ACQUIRE INSTRUCTIONAL COMPUTER HARDWARE  OR  TECHNOLOGY  EQUIPMENT,  THE
COST  OF WHICH EXCEEDS THE AMOUNT OF STATE AID PROVIDED PURSUANT TO THIS
SECTION.
  5. THE APPORTIONMENT PROVIDED FOR IN THIS SECTION  SHALL  BE  PAID  AT
SUCH  TIMES AS MAY BE DETERMINED BY THE COMMISSIONER AND APPROVED BY THE
DIRECTOR OF THE BUDGET, DURING THE SCHOOL YEAR IN WHICH THE EXPENDITURES
ARE REPORTED TO THE DEPARTMENT PRIOR  TO  SUCH  APPORTIONMENT,  BUT  NOT
EARLIER THAN THE SCHOOL YEAR AFTER THE SCHOOL YEAR IN WHICH EXPENSES ARE
INCURRED.
  S  3.  The  commissioner of education shall develop a plan to minimize
overall taxpayer investment in the development  of,  and  administration
of, high-quality computer-based state assessments. Such plan shall iden-
tify  the  costs  of  implementing  computer-based assessments and shall
focus on ways to leverage state resources in assessment development  and
administration  to  minimize  the  impact  on local school districts and
taxpayers. Such plan shall be presented to the governor,  the  temporary
president  of the senate, the speaker of the assembly, and the chairs of
the senate and assembly education committees prior to making any commit-
ment to implementing computer-based testing, but not later than December
1, 2014.
  S 4. This act shall take effect immediately.