S T A T E O F N E W Y O R K
________________________________________________________________________
8387
2015-2016 Regular Sessions
I N A S S E M B L Y
September 11, 2015
___________
Introduced by M. of A. WOZNIAK -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to the release of stand-
ardized test questions and answers, teacher evaluations and establish-
ing a content review committee for grades three through twelve; and to
amend chapter 20 of the laws of 2015, amending the education law
relating to the release of standardized test questions and answers,
teacher evaluations and establishing a content review committee
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 51-a of section 305 of the education law, as
added by section 1 of subpart C of part B of chapter 20 of the laws of
2015, is amended 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, test
answers, and corresponding correct answers from each of the most recent-
ly administered English language arts and mathematics examinations in
grades three through [eight] TWELVE of that year. The commissioner may
limit the number of questions and answers released only to the extent
necessary to avoid hindering or impairing the validity and/or reliabil-
ity of future examinations and must provide enough of an overview of
each examination so that teachers, administrators, principals, parents
and students can be provided with sufficient feedback on the types of
questions administered and, by July first, two thousand fifteen, and
each year thereafter, the commissioner shall release the general student
success rate in answering such questions correctly.
S 2. Subdivision 53 of section 305 of the education law, as added by
section 4 of subpart C of part B of chapter 20 of the laws of 2015, is
amended to read as follows:
53. The commissioner is authorized and directed to establish a content
review committee for the purposes of reviewing all standardized test
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11777-01-5
A. 8387 2
items and/or selected passages used on English language arts and math-
ematics state assessments for grades three through [eight] TWELVE to
ensure: (a) they are grade level appropriate, in general; (b) they are
presented at a readability level that is grade-level appropriate; (c)
they are within grade-level expectations; and (d) they appropriately
measure the learning standards approved by the board of regents applica-
ble to such subject and/or grade level. The review of such items and
passages shall be conducted prior to their use in such assessments
provided however, for the two thousand fifteen--two thousand sixteen
school year only, if such requirement would prevent the ability of such
assessments to be administered, then items or passages that have not
been reviewed may be used. Provided further, the content review commit-
tee shall review any new standardized test items and/or selected
passages prior to their use in such assessments. Such committee shall
also ensure that any new test items and/or selected passages are fair
and appropriately measure the learning standards approved by the board
of regents applicable to such subject and/or grade level. Such committee
shall also ensure that adequate and appropriate time is given to
students for the administration of such assessments, provided however
that subdivision forty-nine of this section must be complied with. The
content review committee shall include classroom teachers and experi-
enced educators in the content area and/or grade level of the
items/passages being reviewed, including teachers of students with disa-
bilities and English language learners.
S 3. Subdivision 54 of section 305 of the education law, as added by
section 4 of subpart C of part B of chapter 20 of the laws of 2015, is
amended to read as follows:
54. Notwithstanding any law, rule or regulation to the contrary, no
teacher, principal, or superintendent shall be required to sign a confi-
dentiality agreement with their respective school district, board of
cooperative educational services, or the department that prevents such
teacher, principal, or superintendent from discussing the contents of
any items on the English language arts and mathematics assessments in
grades three through [eight] TWELVE after such items have been released
by the department pursuant to subdivision fifty-one-a of this section or
after such items have been publicly disclosed by the department or other
appropriate entity. The commissioner shall amend and/or modify any
current confidentiality agreement inconsistent with this subdivision and
shall promulgate regulations consistent with this subdivision.
S 4. Section 5 of subpart C of part B of chapter 20 of the laws of
2015, amending the education law relating to the release of standardized
test questions and answers, teacher evaluations and establishing a
content review committee, is amended to read as follows:
S 5. Notwithstanding any other provision of law, rule or regulation to
the contrary, any previously entered into contract by the education
department related to standardized test items and/or passages for use on
state assessments in grades three through [eight] TWELVE shall be
amended to incorporate the provisions of section four of this act and
any required approval of such contract amendments by a state agency
shall be expedited to ensure compliance with section four of this act.
S 5. This act shall take effect immediately; provided, however, that
the commissioner of education shall have until June 1, 2016 to comply
with the amendments made in sections one and two of this act; provided,
further, that sections two and three of this act shall take effect on
the same date as section 4 of subpart C of part B of chapter 20 of the
laws of 2015, as amended, takes effect.