S T A T E   O F   N E W   Y O R K
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     S. 3912--A                                            A. 3702--A
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 IN SENATE -- Introduced by Sens. LAVALLE, GALLIVAN, MARCHIONE, SEWARD --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Education -- recommitted to the Committee  on  Educa-
   tion in accordance with Senate Rule 6, sec. 8 -- committee discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 IN ASSEMBLY -- Introduced by M. of A. NOLAN -- read once and referred to
   the Committee on Education -- recommitted to the Committee  on  Educa-
   tion  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, in relation to  assess,  bi-sect  and
   critique through truth in testing
 
   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 article 7-B to
 read as follows:
                                ARTICLE 7-B
                   TRUTH IN TESTING FOR THE COMMON CORE
 SECTION 349-A. DEFINITIONS.
         349-B. DISCLOSURE.
         349-C. REPORTING.
         349-D. APPEALS PROCESS.
         349-E. STUDENTS WITH DISABILITIES.
         349-F. ENGLISH LANGUAGE LEARNERS.
         349-G. EXTENUATING CIRCUMSTANCES.
         349-H. INDEPENDENT AUDIT.
         349-I. STATE-WIDE SURVEY.
   § 349-A. DEFINITIONS. AS USED IN THIS ARTICLE: 1.  "TEST"  OR  "COMMON
 CORE STATE TEST" MEANS ANY STATE CREATED, DEVELOPED OR ADMINISTERED TEST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07982-02-8

 S. 3912--A                          2                         A. 3702--A
 
 GIVEN  IN  NEW YORK STATE TO STUDENTS IN ENGLISH LANGUAGE ARTS AND MATH-
 EMATICS THAT TEST STUDENTS' KNOWLEDGE AND SKILLS RELATING TO COMMON CORE
 STANDARDS.
   2.  "COMMON  CORE"  MEANS THE NEW YORK STATE P-12 COMMON CORE LEARNING
 STANDARDS (CCLS) FOR ENGLISH LANGUAGE ARTS AND MATHEMATICS ON WHICH  NEW
 YORK STATE COMMON CORE TESTS WILL BE BASED.
   3.  "COMMISSIONER" MEANS THE COMMISSIONER OF EDUCATION OF THE STATE OF
 NEW YORK.
   4. "TEST SUBJECT" MEANS ANY INDIVIDUAL TO WHOM A TEST IS ADMINISTERED.
   5. "TEST AGENCY" MEANS ORGANIZATION, ASSOCIATION,  CORPORATION,  PART-
 NERSHIP  OR  INDIVIDUAL  THAT  DEVELOPS,  SPONSORS OR ADMINISTERS A TEST
 PROVIDED HOWEVER THAT THE DEPARTMENT SHALL NOT BE  INCLUDED  WITHIN  THE
 DEFINITION OF A TEST AGENCY FOR PURPOSES OF THIS ARTICLE.
   6.  "TEST  YEAR"  MEANS  THE  TWELVE-MONTH PERIOD COMMENCING SEPTEMBER
 FIRST DURING WHICH THE TEST AGENCY ADMINISTERS A PARTICULAR TEST.
   7. "CHILD WITH A DISABILITY" OR A "STUDENT WITH A DISABILITY" SHALL BE
 DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER.
   8. "ENGLISH LANGUAGE  LEARNER"  MEANS  A  TEST  SUBJECT  WHOSE  NATIVE
 LANGUAGE IS NOT ENGLISH.
   9.  "ANCHOR  ITEMS"  OR  "LINKING ITEMS" MEANS ITEMS BASED ON THE SAME
 MATERIAL IN DIFFERENT FORMS ON A TEST OR MULTIPLE  TESTS  GIVEN  IN  THE
 SAME  YEAR  TO  DIFFERENT GRADE LEVELS OR IN DIFFERENT YEARS TO THE SAME
 GRADE LEVEL THAT ARE SCALED IN SUCH A WAY TO ENSURE THAT A  GIVEN  SCORE
 REPRESENTS THE SAME LEVEL OF PERFORMANCE, REGARDLESS OF THE TEST FORM OR
 YEAR,  THAT  ARE USED TO LINK DIFFERENT FORMS OF A TEST AND EQUATE THEM;
 AND TO ENSURE THAT SUCH ITEMS REPRESENT A  STABLE  LEVEL  OF  DIFFICULTY
 OVER TIME.
   10.  "FIELD  TEST ITEMS" MEANS UN-SCORED ITEMS THAT ARE USED TO GATHER
 DATA FOR USE ON FUTURE SCORED TESTS.
   § 349-B. DISCLOSURE. 1.  THIRTY DAYS AFTER THE ADMINISTRATION  OF  ANY
 COMMON CORE STATE TEST IN ENGLISH LANGUAGE ARTS AND MATHEMATICS GIVEN TO
 TEST  SUBJECTS,  FIFTY PERCENT OF THE TEST ITEMS, AFTER EXCLUDING ANCHOR
 ITEMS OR LINKING ITEMS, AND FIELD TEST ITEMS SHALL BE  RELEASED  TO  THE
 PUBLIC.
   2.  AFTER  THE  SECOND  YEAR  OF ADMINISTRATION OF A COMMON CORE STATE
 TEST, FULL DISCLOSURE OF ALL TEST ITEMS THAT  ARE  THE  BASIS  FOR  TEST
 SUBJECTS' SCORES, SHALL BE RELEASED TO THE PUBLIC. POSTING OF TEST ITEMS
 AND  CORRECT  ANSWERS  ON THE DEPARTMENT'S WEBSITE SHALL CONSTITUTE FULL
 DISCLOSURE REQUIRED BY THIS SECTION.
   § 349-C. REPORTING. THE COMMISSIONER, BEGINNING JULY FIRST, TWO  THOU-
 SAND  TWENTY  AND ANNUALLY THEREAFTER, SHALL REPORT TO THE GOVERNOR, THE
 SPEAKER OF THE ASSEMBLY, THE TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE
 CHAIR  OF  THE  ASSEMBLY HIGHER EDUCATION COMMITTEE AND THE CHAIR OF THE
 SENATE HIGHER EDUCATION COMMITTEE ON:
   1. THE EFFECTIVENESS OF COMMON CORE STATE TESTS IN  ENHANCING  STUDENT
 LEARNING AND PERFORMANCE;
   2.  THE  FAIRNESS  AND  APPROPRIATENESS  OF  TEST ITEMS FOR EACH GRADE
 LEVEL, INCLUDING THE PERCENTAGE OF TEST ITEMS FOUND TO  BE  ABOVE  GRADE
 LEVEL;
   3.  THE  CORRELATION  BETWEEN  TEST SCORES AND GRADE POINT AVERAGES OF
 TEST SUBJECTS TAKING COMMON CORE STATE TESTS;
   4. A STATISTICAL ANALYSIS OF STUDENT PERFORMANCE BASED ON SOCIOECONOM-
 IC, GENDER, RACE AND ETHNICITY, AND REGIONAL FACTORS;
   5. THE EFFECTIVENESS OF  THE  TEST  AGENCY  AS  THE  TEST  DEVELOPMENT
 VENDOR; AND

 S. 3912--A                          3                         A. 3702--A
 
   6.  FACTORS  TO  BE CONSIDERED IN DETERMINING WHETHER TO CONTINUE WITH
 THE CURRENT TEST AGENCY, OR OTHER VENDOR AS A TEST  AGENCY,  OR  UTILIZE
 PARTNERSHIP  FOR ASSESSMENT OF READINESS FOR COLLEGE AND CAREERS (PARCC)
 TESTS IN TWO THOUSAND TWENTY-ONE.
   §  349-D.  APPEALS  PROCESS. THE COMMISSIONER SHALL DEVELOP GUIDELINES
 AND PROCEDURES FOR PARENTAL APPEALS OF TEST SUBJECTS'  SCORES  BASED  ON
 CLEAR  PROOF  THAT SUCH TEST SUBJECTS' SCORES ARE NOT REFLECTIVE OF SUCH
 TEST SUBJECTS' ABILITIES. SUCH PROOF MAY INCLUDE BUT NOT BE  LIMITED  TO
 GRADES  RECEIVED  ON  CLASSROOM  WORK  DURING  THE  TEST  YEAR OR SCORES
 RECEIVED ON PAST COMMON CORE STATE TESTS GIVEN TO THE  TEST  SUBJECT  IN
 PREVIOUS YEARS.
   §  349-E. STUDENTS WITH DISABILITIES. STUDENTS WITH DISABILITIES SHALL
 BE PROVIDED WITH THE TESTING ACCOMMODATIONS SPECIFIED IN THEIR  INDIVID-
 UAL  EDUCATION PROGRAMS (IEPS) OR THEIR SECTION FIVE HUNDRED FOUR ACCOM-
 MODATION PLANS (504 PLANS).
   § 349-F. ENGLISH LANGUAGE LEARNERS.  THE  COMMISSIONER  SHALL  DEVELOP
 TESTING  ACCOMMODATION GUIDELINES FOR ENGLISH LANGUAGE LEARNERS THAT MAY
 INCLUDE TIME EXTENSIONS, SEPARATE TEST LOCATIONS,  TRANSLATED  EDITIONS,
 BILINGUAL DICTIONARIES AND GLOSSARIES, ORAL TRANSLATIONS FOR LOWER-INCI-
 DENT LANGUAGES AND WRITTEN RESPONSES IN NATIVE LANGUAGES.
   §  349-G.  EXTENUATING CIRCUMSTANCES. THE COMMISSIONER SHALL DEVELOP A
 PROCEDURE TO ALLOW A TEST SUBJECT TO  RECEIVE  A  ONE-TIME  WAIVER  FROM
 TAKING  A  COMMON  CORE STATE TEST BASED ON EXTENUATING CIRCUMSTANCES OR
 GOOD CAUSE SHOWN PURSUANT TO THE COMMISSIONER'S REGULATIONS.
   § 349-H. INDEPENDENT AUDIT. NOT LATER THAN  MAY  FIRST,  TWO  THOUSAND
 TWENTY  THE  COMMISSIONER  SHALL UNDERTAKE TO HAVE A COMPREHENSIVE INDE-
 PENDENT AUDIT PERFORMED BY AN  INDEPENDENT  CONTRACTOR,  NOT  AFFILIATED
 WITH  A  TEST AGENCY. SUCH CONTRACTOR SHALL HAVE A BACKGROUND AND EXPER-
 TISE IN EDUCATIONAL TESTING. THE AUDIT SHALL  REVIEW  AND  EVALUATE  THE
 COMMON  CORE  TESTING PROGRAM IN THE STATE. THE SCOPE OF THE AUDIT SHALL
 INCLUDE BUT NOT BE LIMITED TO TEST PREPARATION; WHETHER TESTS WERE FAIR,
 UNBIASED, PROPERLY  PRE-TESTED  AND  GRADE  APPROPRIATE,  INCLUDING  THE
 PERCENTAGE  OF  TEST  ITEMS  FOUND  TO BE ABOVE GRADE LEVEL; WHETHER THE
 TESTS WERE PROPERLY ADMINISTERED AND SCORED;  AND,  HOW  THE  DEPARTMENT
 DEALT WITH TEACHER, STUDENT AND PARENT CONCERNS, COMPLAINTS AND APPEALS.
 SUCH  AUDIT SHALL BE COMPLETED BY OCTOBER FIFTEENTH, TWO THOUSAND TWENTY
 AND A COPY SHALL BE TRANSMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT
 OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF THE  HIGHER
 EDUCATION COMMITTEES IN EACH HOUSE.
   § 349-I. STATE-WIDE SURVEY. 1. THE COMMISSIONER SHALL CONDUCT A STATE-
 WIDE  SURVEY OF SCHOOL ADMINISTRATORS, TEACHERS AND THE DEANS OF TEACHER
 EDUCATION AT NEW YORK STATE COLLEGES AND UNIVERSITIES  RELATING  TO  THE
 AMOUNT  OF  TIME  SPENT  ON  COMMON  CORE STATE TEST PREPARATION AND THE
 IMPACT OF SUCH PREPARATION ON THE QUALITY OF INSTRUCTION. RESPONDENTS TO
 SUCH SURVEY MAY CHOOSE TO REMAIN ANONYMOUS. THE  SURVEY  SHALL  INCLUDE,
 BUT  NOT  BE LIMITED TO QUESTIONS RELATED TO STUDENT AND TEACHER MORALE,
 TEST PREPARATION TIME AND THE IMPACT ON CURRICULUM, THE AMOUNT  OF  TIME
 TEACHERS SPEND ALIGNING CURRICULUM TO COMMON CORE STATE TESTS, THE OVER-
 ALL  IMPACT  TESTING  HAS ON THE CLASSROOM ENVIRONMENT, THE EFFECTS THAT
 THE COMMON CORE TESTING PROGRAM IN NEW YORK STATE HAS ON THE ABILITY  OF
 TEACHER  EDUCATION  PROGRAMS  TO  PLACE  STUDENT TEACHERS IN SURROUNDING
 SCHOOL DISTRICTS, AND ANY OTHER RELEVANT QUESTIONS REGARDING THE  IMPACT
 OF COMMON CORE STATE EXAMS, INCLUDING THE PERCENTAGE OF TEST ITEMS FOUND
 TO BE ABOVE GRADE LEVEL.
   2.  THIS  SURVEY  SHALL  RESULT  IN  A  REPORT  BY THE DEPARTMENT THAT
 COMPILES THE DATA RECEIVED FROM THE SURVEY AND THAT DETAILS THE  RESULTS

 S. 3912--A                          4                         A. 3702--A
 
 AND  PROVIDES  CONCLUSIONS. SUCH REPORT SHALL BE SUBMITTED TO THE GOVER-
 NOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE,
 THE CHAIR OF THE ASSEMBLY HIGHER EDUCATION COMMITTEE AND  THE  CHAIR  OF
 THE  SENATE  HIGHER  EDUCATION  COMMITTEE  BY DECEMBER THIRTY-FIRST, TWO
 THOUSAND NINETEEN.
   § 2. This act shall take effect immediately, provided that  any  rules
 or  regulations  necessary  for  the implementation of this act shall be
 promulgated and take effect 180 days after its enactment.