S T A T E O F N E W Y O R K
________________________________________________________________________
7091--A
2017-2018 Regular Sessions
I N A S S E M B L Y
April 4, 2017
___________
Introduced by M. of A. CRESPO, PICHARDO, RODRIGUEZ, RIVERA, ARROYO,
DAVILA, DILAN, DE LA ROSA, ORTIZ, RAMOS, BLAKE, AUBRY, PERRY, BARRON,
KIM, WALKER, DICKENS, HYNDMAN, MOSLEY, SIMON, WRIGHT -- read once and
referred to the Committee on Higher Education -- recommitted to the
Committee on Higher Education in accordance with Assembly Rule 3, sec.
2 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the education law and the executive law, in relation to
prohibiting college learning assessment exams in colleges in the state
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 section 208-b
to read as follows:
§ 208-B. COLLEGIATE LEARNING ASSESSMENT EXAMS PROHIBITED. 1. THE
BOARD OF REGENTS IS PROHIBITED FROM INSTITUTING OR ADMINISTERING A
COLLEGIATE LEARNING ASSESSMENT EXAM AT ANY COLLEGE OR UNIVERSITY IN THE
STATE FOR PURPOSES OTHER THAN INTERNAL ASSESSMENT BY THAT COLLEGE OR
UNIVERSITY.
2. ANY COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS OR INCORPORATED
BY SPECIAL ACT OF THE LEGISLATURE THAT MAINTAINS A CAMPUS IN NEW YORK IS
PROHIBITED FROM USING COLLEGIATE LEARNING ASSESSMENT EXAMS FOR ANY
PURPOSE EXCEPT ASSESSMENT OF INSTITUTIONAL EFFECTIVENESS, COURSE READ-
INESS OF AN INDIVIDUAL STUDENT, OR INTERNAL ASSESSMENT.
3. INDIVIDUAL COLLEGIATE LEARNING ASSESSMENT EXAM RESULTS SHALL BE
CONSIDERED PRIVATE STUDENT INFORMATION AND MAY NOT BE RELEASED BY ANY
COLLEGE OR UNIVERSITY WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE
STUDENT TEST TAKER.
4. NO PART OF THIS SECTION SHALL PROHIBIT OR CURTAIL THE USE OF STAND-
ARDIZED TESTS AS DEFINED IN SECTION THREE HUNDRED FORTY OF THIS CHAPTER.
5. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07993-02-8
A. 7091--A 2
(A) "COLLEGIATE LEARNING ASSESSMENT" MEANS A STANDARDIZED TEST INCLUD-
ING, BUT NOT LIMITED TO PROPRIETARY TESTS SUCH AS THE COLLEGIATE LEARN-
ING ASSESSMENT AND THE CLA+.
(B) "COLLEGE" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN
SUBDIVISION TWO OF SECTION TWO OF THIS CHAPTER.
§ 2. Section 296 of the executive law is amended by adding a new
subdivision 1-b to read as follows:
1-B. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER,
LABOR ORGANIZATION, EMPLOYMENT AGENCY OR ANY JOINT LABOR-MANAGEMENT
COMMITTEE CONTROLLING APPRENTICE TRAINING PROGRAM:
(A) TO USE THE RESULT OF A COLLEGIATE LEARNING ASSESSMENT, AS DEFINED
IN SECTION TWO HUNDRED EIGHT-B OF THE EDUCATION LAW, IN THE HIRING OR
RETAINING OF ANY PERSON FOR EMPLOYMENT PURPOSES; OR
(B) TO COMPEL ANY PERSON TO PROVIDE THEM WITH THE RESULTS OF A COLLE-
GIATE LEARNING ASSESSMENT, AS DEFINED IN SECTION TWO HUNDRED EIGHT-B OF
THE EDUCATION LAW, FOR EMPLOYMENT PURPOSES.
§ 3. This act shall take effect immediately.