senate Bill S5252A

2013-2014 Legislative Session

Relates to computer-based assessment technology apportionment

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Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2014 referred to education
delivered to assembly
passed senate
Jun 09, 2014 advanced to third reading
Jun 03, 2014 2nd report cal.
Jun 02, 2014 1st report cal.1075
May 13, 2014 reported and committed to finance
Jan 23, 2014 print number 5252a
amend and recommit to education
Jan 08, 2014 referred to education
returned to senate
died in assembly
Jun 13, 2013 referred to education
delivered to assembly
passed senate
Jun 12, 2013 ordered to third reading cal.1361
committee discharged and committed to rules
May 21, 2013 reported and committed to finance
May 15, 2013 referred to education

Votes

view votes

May 13, 2014 - Education committee Vote

S5252A
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Education committee vote details

Jun 17, 2013 - Rules committee Vote

S5252
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Jun 12, 2013 - Rules committee Vote

S5252
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

May 21, 2013 - Education committee Vote

S5252
17
0
committee
17
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

view additional co-sponsors

S5252 - Bill Details

See Assembly Version of this Bill:
A8074A
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §755, Ed L

S5252 - Bill Texts

view summary

Relates to computer-based assessment technology apportionment; provides aid for technology purchases beginning in the 2015-2016 school year for school districts and boards of cooperative educational services.

view sponsor memo
BILL NUMBER:S5252

TITLE OF BILL: An act to amend the education law, in relation to
computer-based assessment technology apportionment

PURPOSE:

To provide reimbursement to school districts and boards of cooperative
educational services for costs incurred in providing required
computer-based state assessments.

SUMMARY OF PROVISIONS:

Section 1: Legislative Intent

Section 2: The second section creates a new section 755 of the
education law which provides reimbursement to school districts and
boards of cooperative educational services (BOCES) for costs
associated with technology purchases needed to administer required
computer-based state assessments. Section 2 thereafter defines
"technology purchases"; provides guidelines and requirements for the
sufficiency of the equipment that is needed and shall be aidable; the
amount of computers a school district or BOCES is entitled to above
any equipment they may already have; and the ways in which the
technology purchases shall be fully aidable.

Section 3: The third section directs the commissioner to develop a
plan to minimize the overall impact on taxpayer investment in the
development and administration of required high-quality computer-based
state assessments. The commissioner must submit such plan to the
Governor and the Legislature prior to making any commitment to
computer-based testing, but no later than December 1, 2013

EXISTING LAW:

None.

JUSTIFICATION:

It is imperative that New York students receive a high quality
education. Therefore, the Legislature concurs with the goals of the
Board of Regents to develop a rich educational system that provides
multiple pathways to graduation, and ensures that all students are
college and career ready. However, recent years have highlighted the
multitude of requirements placed on school districts for which no
state funding is provided. As school districts continue to be faced
with unprecedented fiscal constraints, it is paramount that any new
educational initiative brings With it the proper financial support.
School districts and taxpayers simply cannot afford any new unfunded
mandates. This legislation makes all new technology purchases needed
for a school district or BOCES to sufficiently administer Board of
Regents approved and required computer-based state assessments, fully
reimbursable in the form of a computer-based assessment technology
apportionment.

As a component of the Regent's Reform Agenda, the Board of Regents has
adopted the Common Core State Standards as a tool to guide New York


students on the path to college and career readiness. In addition to
the implementation of the Common Core, as a Governing Member of the
Partnership for Assessment of Readiness in College and Careers (PARCC)
the New York State Education Department has been integrally involved
in the development of PARCC. PARCC is a consortium of twenty-two
states that are working together to develop English and math
assessments that will be aligned to the Common Core State Standards.
Although not yet fully adopted in New York the timeline suggests that
PARCC computer-based assessments should be administered beginning in
2015, however, the Board of Regents has yet to determine if and when
New York may fully adopt the PARCC assessments.

If PARCC is adopted by the Board of Regents, it will require, among
other things, that New York make better use of technology in the
administering of state required examinations. While leveraging
technology to inform instruction and assessment are laudable goals,
the Legislature is keenly aware that many school districts and BOCES
are not adequately prepared to meet the tremendous technological and
financial challenges associated with computer-based testing. As a
practical matter, many districts and BOCES do not currently have the
appropriate technology needed to either administer a high level of
state assessments securely or have enough computers and equipment to
allow all of its students to take the examinations in a secure and
timely fashion. Many more districts and BOCES are under exceedingly
difficult fiscal constraints; they simply cannot afford to purchase
the number of computers and equipment on the scale required to
administer state required computer-based examinations.

Furthermore, because the costs of implementing PARCC assessments are
not yet known and have the potential to be prohibitive, the
Legislature finds it imperative that the true costs of implementation
be defined. This legislation directs the Commissioner of Education to
identify such costs and provide a plan to minimize the impact on local
school districts and taxpayers prior to making any commitment to
implementing computer-based assessments.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5252

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

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

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
BEGINNING IN THE TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN  SCHOOL
YEAR,  A  SCHOOL  DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL BE ELIGIBLE FOR AN APPORTIONMENT  UNDER  THE  PROVISIONS  OF  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10685-04-3

S. 5252                             2

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, 2013.
  S 4. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S5252A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8074A
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §755, Ed L

S5252A (ACTIVE) - Bill Texts

view summary

Relates to computer-based assessment technology apportionment; provides aid for technology purchases beginning in the 2015-2016 school year for school districts and boards of cooperative educational services.

view sponsor memo
BILL NUMBER:S5252A

TITLE OF BILL: An act to amend the education law, in relation to
computer-based assessment technology apportionment

PURPOSE:

To provide reimbursement to school districts and boards of cooperative
educational services for costs incurred in providing required
computer-based state assessments.

SUMMARY OF PROVISIONS:

Section 1: Legislative Intent.

Section 2: The second section creates a new section 755 of the
education law which provides reimbursement to school districts and
boards of cooperative educational services (BOCES) for casts
associated with technology purchases needed to administer required
computer-based state assessments. Section 2 thereafter defines
"technology purchases"; provides guidelines and requirements for the
sufficiency of the equipment that is needed and shall be aidable; the
amount of computers a school district or BOCES is entitled to above
any equipment they may already have; and the ways in which the
technology purchases shall be fully aidable.

Section 3: The third section directs the commissioner to develop a
plan to minimize the overall impact on taxpayer investment in the
development and administration of required high-quality computer-based
state assessments. The commissioner must submit such plan to the
Governor and the Legislature prior to making any commitment to
computer-based testing, but no later than December 1, 2014.

EXISTING LAW:

None.

JUSTIFICATION:

It is imperative that New York students receive a high quality
education. Therefore, the Legislature concurs with the goals of the
Board of Regents to develop a rich educational system that provides
multiple pathways to graduation, and ensures that all students are
college and career ready. However, recent years have highlighted the
multitude of requirements placed on school districts for which no
state funding is provided. As school districts continue to be faced
with unprecedented fiscal constraints, it is paramount that any new
educational initiative brings With it the proper financial support.
School districts and taxpayers simply cannot afford any new unfunded
mandates. This legislation makes all new technology purchases needed
for a school district or BOCES to sufficiently administer Board of
Regents approved and required computer-based state assessments, fully
reimbursable in the form of a computer-based assessment technology
apportionment.

As a component of the Regent's Reform Agenda, the Board of Regents has
adopted the Common Core State Standards as a tool to guide New York


students on the path to college and career readiness. In addition to
the implementation of the Common Core, as a Governing Member of the
Partnership for Assessment of Readiness in College and Careers (PARCC)
the New York State Education Department has been integrally involved
in the development of PARCC. PARCC is a consortium of twenty-two
states that are working together to develop English and math
assessments that will be aligned to the Common Core State Standards.
Although not yet fully adopted in New York the timeline suggests that
PARCC computer-based assessments should be administered beginning in
2015, however, the Board of Regents has yet to determine if and when
New York may fully adopt the PARCC assessments.

If PARCC is adopted by the Board of Regents, it will require, among
other things, that New York make better use of technology in the
administering of state required examinations. While leveraging
technology to inform instruction and assessment are laudable goals,
the Legislature is keenly aware that many school districts and BOCES
are not adequately prepared to meet the tremendous technological and
financial challenges associated with computer-based testing. As a
practical matter, many districts and BOCES do not currently have the
appropriate technology needed to either administer a high level of
state assessments securely or have enough computers and equipment to
allow all of its students to take the examinations in a secure and
timely fashion. Many more districts and BOCES are under exceedingly
difficult fiscal constraints; they simply cannot afford to purchase
the number of computers and equipment on the scale required to
administer state required computer-based examinations.

Furthermore, because the costs of implementing PARCC assessments are
not yet known and have the potential to be prohibitive, the
Legislature finds it imperative that the true costs of implementation
be defined. This legislation directs the Commissioner of Education to
identify such costs and provide a plan to minimize the impact on local
school districts and taxpayers prior to making any commitment to
implementing computer-based assessments.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5252--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by Sens. FLANAGAN, BOYLE, CARLUCCI, FELDER, GRISANTI, LANZA,
  LARKIN, MARCELLINO, MARTINS, RANZENHOFER, SEWARD  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Education -- recommitted to the Committee on Education  in  accordance
  with  Senate  Rule  6,  sec.  8 -- 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10685-05-4

S. 5252--A                          2

  S 755. COMPUTER-BASED ASSESSMENT TECHNOLOGY APPORTIONMENT. 1. IN ADDI-
TION  TO  ANY  OTHER  APPORTIONMENTS UNDER THIS CHAPTER, FOR AID PAYABLE
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.

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