S T A T E O F N E W Y O R K
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10429
I N A S S E M B L Y
April 20, 2018
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Introduced by M. of A. PELLEGRINO -- read once and referred 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 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 57 to read as follows:
57. 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 SEVENTEEN--TWO THOUSAND EIGHTEEN 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 EIGHTEEN 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 SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00919-02-8
A. 10429 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 SEVEN-
TEEN--TWO THOUSAND EIGHTEEN 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
DISTRIBUTING AND COLLECTING ANSWERING SHEETS AND GIVING DIRECTIONS, AND
THE TOTAL AMOUNT OF TIME SPENT PREPARING STUDENTS TO TAKE THE ASSESS-
MENTS. TIME RELATED DATA COLLECTED PURSUANT TO THIS PARAGRAPH SHALL BE
DISAGGREGATED BY THE FOLLOWING STUDENT GROUPS: ENGLISH LANGUAGE LEAR-
NERS, STUDENTS RECEIVING INTERVENTION OR REMEDIATION SERVICES, STUDENTS
WITH DISABILITIES, GENERAL EDUCATION STUDENTS, AND ECONOMICALLY DISAD-
VANTAGED 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.
§ 2. Section 305 of the education law is amended by adding a new
subdivision 58 to read as follows:
58. 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
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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 EIGHTEEN. 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.
§ 3. Section 305 of the education law is amended by adding a new
subdivision 51-b to read as follows:
51-B. ON OR BEFORE JUNE FIRST, TWO THOUSAND EIGHTEEN, AND EACH YEAR
THEREAFTER, THE COMMISSIONER SHALL RELEASE A SIGNIFICANT AMOUNT OF TEST
QUESTIONS AND CORRESPONDING 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 OVERVIEW OF EACH EXAMINATION SO THAT TEACHERS, ADMINISTRA-
TORS, PRINCIPALS, PARENTS AND STUDENTS CAN BE PROVIDED WITH SUFFICIENT
FEEDBACK ON THE TYPES OF QUESTIONS ADMINISTERED AND, BY JULY FIRST, TWO
THOUSAND EIGHTEEN, AND EACH YEAR THEREAFTER, THE COMMISSIONER SHALL
RELEASE THE GENERAL STUDENT SUCCESS RATE IN ANSWERING SUCH QUESTIONS
CORRECTLY.
§ 4. 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 subdivision 51-b of
section 305 of the education law, as added by section three of this act
and for creating and printing more forms of state standardized assess-
ments in order to eliminate stand-alone multiple choice field tests and
release a significant amount of test questions. Such moneys shall be
payable on the audit and warrant of the comptroller on vouchers certi-
fied or approved by the commissioner of education in the manner
prescribed by law.
§ 5. Section 305 of the education law is amended by adding a new
subdivision 59 to read as follows:
59. 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-
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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.
§ 6. This act shall take effect immediately.