Senate Bill S2602B

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

                                  2602

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sen. LATIMER -- 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 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 53 to read as follows:
  53. 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 FOURTEEN--TWO THOUSAND FIFTEEN 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 FIFTEEN AND  SHALL  BE
DEEMED A PUBLIC DOCUMENT.
  C.  THE COMMISSIONER'S STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING INFORMATION:
  (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 FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07908-01-5
              

S. 2602                             2

  (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 FOURTEEN-
-TWO THOUSAND FIFTEEN 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 54 to read as follows:
  54. A. THE COMMISSIONER SHALL UNDERTAKE A STATE-WIDE SURVEY OF  SCHOOL
ADMINISTRATORS  AND  TEACHERS ABOUT THE TIME THEY SPEND ON TEST PREPARA-
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

S. 2602                             3

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 FIFTEEN. 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.

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

                                 2602--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by Sens. LATIMER, MARCHIONE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Education  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the education law, in relation to requiring a study  and
  report  on the total cost of developing all student assessments and to
  establish a content review committee to review standardized test items
  and passages; and making an appropriation therefor

  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 53 to read as follows:
  53. 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 FOURTEEN--TWO THOUSAND FIFTEEN 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 FIFTEEN AND SHALL BE
DEEMED A PUBLIC DOCUMENT.
  C. THE COMMISSIONER'S STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE
FOLLOWING INFORMATION:
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07908-02-5
              

S. 2602--A                          2

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 FOURTEEN--TWO THOUSAND FIFTEEN 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  FOURTEEN-
-TWO  THOUSAND  FIFTEEN  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 54 to read as follows:
  54.  A. THE COMMISSIONER SHALL UNDERTAKE A STATE-WIDE SURVEY OF SCHOOL
ADMINISTRATORS AND TEACHERS ABOUT THE TIME THEY SPEND ON  TEST  PREPARA-
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

S. 2602--A                          3

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 FIFTEEN. 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. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 51-a to read as follows:
  51-A.  ON  OR  BEFORE  JUNE FIRST, TWO THOUSAND FIFTEEN, AND EACH YEAR
THEREAFTER, THE COMMISSIONER SHALL RELEASE THE TEST QUESTIONS AND CORRE-
SPONDING CORRECT ANSWERS FROM EACH OF  THE  MOST  RECENTLY  ADMINISTERED
ENGLISH  LANGUAGE  ARTS  AND  MATHEMATICS  EXAMINATIONS  IN GRADES THREE
THROUGH EIGHT OF THAT YEAR. THE NUMBER OF QUESTIONS AND ANSWERS RELEASED
SHALL NOT BE SO SIGNIFICANT AS TO HINDER OR IMPAIR THE  VALIDITY  AND/OR
RELIABILITY  OF FUTURE EXAMINATIONS BUT SHALL PROVIDE ENOUGH OF AN OVER-
VIEW OF EACH EXAMINATION SO THAT TEACHERS,  ADMINISTRATORS,  PRINCIPALS,
PARENTS  AND  STUDENTS  CAN  BE PROVIDED WITH SUFFICIENT FEEDBACK ON THE
TYPES OF QUESTIONS ADMINISTERED AND  GENERAL  STUDENT  SUCCESS  RATE  IN
ANSWERING SUCH QUESTIONS CORRECTLY.
  S  4.  Section  305  of  the  education law is amended by adding a new
subdivision 55 to read as follows:
  55. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO ESTABLISH A CONTENT
REVIEW COMMITTEE FOR THE PURPOSE  OF  REVIEWING  ANY  STANDARDIZED  TEST
ITEMS  AND/OR  SELECTED  PASSAGES FOR USE ON STATE ASSESSMENTS IN GRADES
THREE THROUGH EIGHT TO ENSURE THAT THEY ARE GRADE APPROPRIATE  AND  THAT
THE COMPLEXITY OF THE ITEMS AND PASSAGES ARE WITHIN GRADE-LEVEL EXPECTA-
TIONS.  SUCH  COMMITTEE  SHALL  ALSO  ENSURE  THAT ANY TEST ITEMS AND/OR
SELECTED PASSAGES ARE FAIR AND APPROPRIATELY MEASURE THE LEARNING STAND-
ARDS APPROVED BY THE BOARD OF REGENTS APPLICABLE TO SUCH SUBJECT  AND/OR
GRADE  LEVEL.  SUCH COMMITTEE SHALL ALSO ENSURE THAT ADEQUATE AND APPRO-
PRIATE TIME IS GIVEN TO STUDENTS FOR THE ADMINISTRATION OF SUCH  ASSESS-
MENTS, PROVIDED HOWEVER THAT SUBDIVISION FORTY-NINE OF THIS SECTION MUST
BE  COMPLIED  WITH. THE CONTENT REVIEW COMMITTEE SHALL INCLUDE CLASSROOM
TEACHERS AND EXPERIENCED EDUCATORS IN  THE  CONTENT  AREA  AND/OR  GRADE
LEVEL  OF  THE  ITEMS/PASSAGES  BEING  REVIEWED,  INCLUDING  TEACHERS OF
STUDENTS WITH DISABILITIES AND ENGLISH LANGUAGE LEARNERS.
  S  5.  The  sum  of  eight  million  four  hundred  thousand   dollars
($8,400,000),  or  so much thereof as may be necessary, is hereby appro-
priated to the department of education out of any moneys  in  the  state
treasury  in  the  general  fund  to  the  credit  of the state purposes
account, not otherwise appropriated, and made immediately available, for
the purpose of carrying out the provisions  of  this  act.  Such  moneys

S. 2602--A                          4

shall be payable on the audit and warrant of the comptroller on vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law.
  S 6. This act shall take effect immediately.