S T A T E   O F   N E W   Y O R K
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                                 6594--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 10, 2013
                               ___________

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.