NY State Senate Bill 2017-S1939

Senate Bill S1939

2017-2018 Legislative Session

Requires a study and report on the total cost of student assessments and establishes a committee to review content on standardized test items and passages; appropriation

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2017	referred to education

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2017-S1939 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Appropriations
Laws Affected:: Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4712
2015-2016: S2602
2019-2020: S1686

2017-S1939 (ACTIVE) - Summary

Requires a study and report on the total cost of student assessments and establishes a committee to review content on standardized test items and passages; makes an appropriation therefor.

2017-S1939 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1939

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation directs the State Education Department to review and
analyze the costs associated with statewide assessments in school
districts in New York State.

 SUMMARY OF SPECIFIC PROVISIONS :

Section § 1 amends the Education law to direct the commissioner to
undertake a study about the costs of developing and administering
student assessments.

Section: § 2 directs the commissioner to conduct a survey of school
administrators and teachers about the effect of student assessments on
teaching and learning.

§ 3 section 305, 51-a. directs on or before June 1, 2015 and each year
thereafter, the commissioner shall release a significant a significant

amount of test questions and corresponding correct answer 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 of impair the validity and/or view of each examination but
shall 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 by July first, two thousand fifteen and each year
thereafter, the commissioner shall release the general student success
rate in answering such questions correctly

§ 4 Section 305.55. Directs the commissioner and authorizes him/her 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 insure that they are
grade appropriate and that the complexity of the items and passages
are within grade-level expectations. Such committee shall also ensure
that any test items and/or selected passages are fair and
appropriately measures and 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
experienced educators in the content area and/or grade level of the
items/passages being reviewed, including teachers of students with
disabilities and English languages learners.

§ 5. The sum of eight million four hundred thousand dollars
($8,400,000), or so much thereof as may be necessary, is hereby
appropriated 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 subdivision
51-a of section 305 of the education law, as added by section three of
this act, and in order to create and print more forms of state
standardized assessments 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 certified or approved by the commissioner of
education in the manner prescribed by law.

 JUSTIFICATION :

This bill calls for a review and analysis of the costs associated with
statewide assessments of students in school districts throughout the
stare. Testing costs money and time and therefore requires resources.
Over the past several years, there has been an increased emphasis on
testing to evaluate student progress. The question is, has the
increased emphasis on testing captured more state and local resources,
has this affected other aspects of education including classroom
teaching, college and career preparation and special services to
students with special needs and, if so, how? The information collected
through the study required by this bill will provide a snapshot about
public resources for educational testing and start a conversation
about the appropriate distribution of resources for assessments,
curriculum and graduation requirements and other essential components
of a sound, basic education.

 PRIOR LEGISLATIVE HISTORY :

4/19/13 - REFERRED TO EDUCATION
1/08/14 - REFERRED TO EDUCATION -
2015-16 (S.2602B) REFERRED TO EDUCATION

 FISCAL IMPLICATIONS :

To be determined.

 LOCAL FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1939 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1939
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 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 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 56 to read as follows:
   56. 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 SIXTEEN--TWO THOUSAND SEVENTEEN 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 SEVENTEEN 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00919-01-7

 S. 1939                             2
 
 ON AVERAGE FROM KINDERGARTEN THROUGH GRADE TWELVE DURING THE  TWO  THOU-
 SAND SIXTEEN--TWO THOUSAND SEVENTEEN 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  SIXTEEN--
 TWO  THOUSAND  SEVENTEEN  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.
   § 2. 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 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-

 S. 1939                             3
 
 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  SEVENTEEN. 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 SEVENTEEN, 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  SEVENTEEN,  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 58 to read as follows:
   58. 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

 S. 1939                             4

 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.
   § 6. This act shall take effect immediately.

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Senate Bill S1939

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