The New York State Senate

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

                                  6009

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            December 11, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- 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 truth in  testing  for
  the common core

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

  Section 1. The education law is amended by adding a new article 7-B to
read as follows:
                               ARTICLE 7-B
                  TRUTH IN TESTING FOR THE COMMON CORE
SECTION 349-A. DEFINITIONS.
        349-B REPORTING.
        349-C INDEPENDENT AUDIT.
  S 349-A. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "TEST" OR "COMMON CORE STATE TEST" MEANS ANY STATE CREATED,  DEVEL-
OPED OR ADMINISTERED TEST GIVEN IN NEW YORK STATE TO STUDENTS IN ENGLISH
LANGUAGE  ARTS  AND MATHEMATICS THAT TEST STUDENTS' KNOWLEDGE AND SKILLS
RELATING TO COMMON CORE STANDARDS.
  2. "COMMON CORE" MEANS THE NEW YORK STATE P-12  COMMON  CORE  LEARNING
STANDARDS  (CCLS) FOR ENGLISH LANGUAGE ARTS AND MATHEMATICS ON WHICH NEW
YORK STATE COMMON CORE TESTS WILL BE BASED.
  3. "COMMISSIONER" MEANS THE COMMISSIONER OF EDUCATION OF THE STATE  OF
NEW YORK.
  4. "TEST SUBJECT" MEANS ANY INDIVIDUAL TO WHOM A TEST IS ADMINISTERED.
  5.  "TEST  AGENCY"  MEANS  AN  ORGANIZATION, ASSOCIATION, CORPORATION,
PARTNERSHIP OR INDIVIDUAL THAT DEVELOPS, SPONSORS OR ADMINISTERS A TEST;
PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL NOT BE INCLUDED WITHIN  THE
DEFINITION OF A TEST AGENCY FOR PURPOSES OF THIS ARTICLE.
  S  349-B. REPORTING. THE COMMISSIONER, BEGINNING JULY FIRST, TWO THOU-
SAND FOURTEEN AND ANNUALLY THEREAFTER, SHALL REPORT TO THE GOVERNOR, THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13261-01-3

S. 6009                             2

TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND  THE
CHAIRS OF THE SENATE AND ASSEMBLY EDUCATION COMMITTEES ON:
  1.  THE  EFFECTIVENESS OF COMMON CORE STATE TESTS IN ENHANCING STUDENT
LEARNING AND PERFORMANCE;
  2. THE FAIRNESS AND APPROPRIATENESS  OF  TEST  ITEMS  FOR  EACH  GRADE
LEVEL,  INCLUDING  THE  PERCENTAGE OF TEST ITEMS FOUND TO BE ABOVE GRADE
LEVEL;
  3. THE CORRELATION BETWEEN TEST SCORES AND  GRADE  POINT  AVERAGES  OF
TEST SUBJECTS TAKING COMMON CORE STATE TESTS;
  4. A STATISTICAL ANALYSIS OF STUDENT PERFORMANCE BASED ON SOCIOECONOM-
IC, GENDER, RACE AND ETHNICITY, AND REGIONAL FACTORS;
  5.  THE  EFFECTIVENESS  OF  THE  TEST  AGENCY  AS THE TEST DEVELOPMENT
VENDOR; AND
  6. FACTORS TO BE CONSIDERED IN DETERMINING WHETHER  TO  CONTINUE  WITH
THE CURRENT TEST AGENCY, OR OTHER VENDOR AS A TEST AGENCY, OR WHETHER TO
UTILIZE  THE  PARTNERSHIP  FOR  ASSESSMENT  OF READINESS FOR COLLEGE AND
CAREERS (PARCC).
  S 349-C. INDEPENDENT AUDIT. NOT LATER THAN SEPTEMBER FIRST, TWO  THOU-
SAND  FOURTEEN,  THE  COMMISSIONER SHALL UNDERTAKE A COMPREHENSIVE INDE-
PENDENT AUDIT PERFORMED BY AN  INDEPENDENT  CONTRACTOR,  NOT  AFFILIATED
WITH  A  TEST AGENCY. SUCH CONTRACTOR SHALL HAVE A BACKGROUND AND EXPER-
TISE IN EDUCATIONAL TESTING. THE AUDIT SHALL  REVIEW  AND  EVALUATE  THE
COMMON  CORE  TESTING PROGRAM IN THE STATE. THE SCOPE OF THE AUDIT SHALL
INCLUDE BUT NOT BE LIMITED TO TEST PREPARATION; WHETHER TESTS WERE FAIR,
UNBIASED, PROPERLY  PRE-TESTED  AND  GRADE  APPROPRIATE,  INCLUDING  THE
PERCENTAGE  OF TEST ITEMS FOUND TO BE ABOVE GRADE LEVEL; AND WHETHER THE
TEST  WERE  PROPERLY  ADMINISTERED  AND  SCORED.  SUCH  AUDIT  SHALL  BE
COMPLETED BY DECEMBER FIFTEENTH, TWO THOUSAND FOURTEEN, AND A COPY SHALL
BE  TRANSMITTED  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF THE SENATE  AND  ASSEMBLY
EDUCATION COMMITTEES.
  S  2.  This act shall take effect immediately; provided, however, that
effective immediately the addition, amendment and/or repeal of any  rule
or regulation necessary for the implementation of this act shall be made
within 180 days of such effective date.