NY State Senate Bill 2017-S4124

Senate Bill S4124

2017-2018 Legislative Session

Provides that certain information concerning standardized test scores shall be provided to all test subjects who do not sign a waiver

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
Feb 03, 2017	referred to education

2017-S4124 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §342, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1444
2011-2012: S4882
2013-2014: S3023
2015-2016: S1186

2017-S4124 (ACTIVE) - Summary

Provides that certain information concerning standardized test scores shall be provided to all test subjects who do not sign a waiver.

2017-S4124 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4124

 TITLE OF BILL :

An act to amend the education law, in relation to the disclosure of
standardized test scores

 PURPOSE :

The purpose of this bill is to require testing agencies to provide
test subjects, who do not sign a waiver electing not to receive such
information, with a copy of the test questions used to calculate the
test subject's raw score, a copy of the test subject's answer sheet,
or answer record where there is no answer sheet, together with a copy
of the corrected answer sheet to the same test with questions used to
calculate the test subject's raw score so marked; and a statement of
the raw score used to calculate the score reported to the test
subject.

 SUMMARY OF PROVISIONS :

Subdivision 2 of section 342 of the education law, as added by chapter
813 of the laws of 1980, the closing paragraph as amended by chapter
565 of the laws of 1986, is amended and a new subdivision 2-a is
added.

 JUSTIFICATION :

Under current law, the testing agency is only required to provide test
subjects with a copy of the test questions, a copy of the test
subject's answer sheet or answer record, together with a copy of the
corrected answer sheet, when the test subject requests that
information. This bill is written to facilitate the test subjects
acquisition of such information, to which they are entitled under
current law, but have to pay for and specifically request at a later
time. Many of these standardized tests are crucial to the test
subjects future and often, the test subject is unaware of his/her
right to receive the aforementioned information. This bill will
require test agencies to inform test subjects of this right, by
providing a waiver both at the time the test subject registers to take
a test and at the time the test agency reports the scores to the test
subject; unless such waiver is provided during the test
administration. A test subject who signs a waiver choosing not to
receive such information will be held to that decision and the
information will only be made available to said test subject where
extenuating circumstances exist.

 LEGISLATIVE HISTORY :

2015-16 S.1186;
2013-14 S.3023;
2011-12 S.4882;
2009-10 S.1444;
2007-08, S.4154;

2003-2004, S.1691

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become law.

2017-S4124 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4124
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2017
                                ___________
 
 Introduced  by  Sen. LAVALLE -- 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  the  disclosure  of
   standardized test scores
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 342 of the education law, as added
 by chapter 813 of the laws of 1980, the closing paragraph as amended  by
 chapter 565 of the laws of 1986, is amended and a new subdivision 2-a is
 added to read as follows:
   2.  Within  ninety  days  after filing a standardized test pursuant to
 subdivision one of this section and for a period of not less than ninety
 days after the offer is made, the test agency shall provide [to the test
 subject the opportunity to secure] ALL TEST SUBJECTS WHO DO NOT  SIGN  A
 WAIVER WITH:
   a.  a  copy of the test questions used to calculate the test subject's
 raw score;
   b. a copy of the test subject's answer sheet, or answer  record  where
 there  is  no  answer  sheet, together with a copy of the correct answer
 sheet to the same  test  with  questions  used  to  calculate  the  test
 subject's raw score so marked; and
   c.  a statement of the raw score used to calculate the scores reported
 to the test subject.
   [The agency may charge a nominal fee for providing  such  information,
 not  to  exceed  the  direct  cost  thereof.  Notwithstanding  any other
 provision in this section, a test agency shall permit a test subject  to
 elect  in  writing  this  opportunity  both at the time the test subject
 registers to take a test and at the time the test  agency  reports  test
 scores  to  the  test subject; provided, however, that the provisions of
 this paragraph shall not apply where either the materials  described  in
 paragraph  (a)  or  (b) of this subdivision are provided during the test

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09653-01-7

 S. 4124                             2

 administration. The form permitting such  election  shall  describe  the
 opportunity  offered  pursuant  to  this  subdivision in clear and plain
 English and shall be part of and included in the test registration  form
 and  in  a form provided to the test subject at the time test scores are
 reported to the test subject.]
   THE COST OF PROVIDING SUCH INFORMATION SHALL BE INCLUDED IN THE REGIS-
 TRATION FEE, NOT TO EXCEED THE STANDARD COST OF PROVIDING SUCH  INFORMA-
 TION. A TEST AGENCY SHALL PROVIDE ALL TEST SUBJECTS WITH THE OPPORTUNITY
 TO  SIGN  A WAIVER ELECTING NOT TO RECEIVE SUCH INFORMATION, BOTH AT THE
 TIME THE TEST SUBJECT REGISTERS TO TAKE A TEST AND AT THE TIME THE  TEST
 AGENCY  REPORTS  THE  SCORES  TO THE TEST SUBJECT; UNLESS SUCH WAIVER IS
 PROVIDED DURING THE TEST ADMINISTRATION. WAIVERS SHALL BE FINAL AND TEST
 INFORMATION MAY ONLY BE MADE AVAILABLE TO A TEST SUBJECT WHO HAS  WAIVED
 THEIR  RIGHT  TO SUCH INFORMATION WHERE EXTENUATING CIRCUMSTANCES EXIST.
 TEST SUBJECTS SHALL RECEIVE SUCH INFORMATION WITHIN A TIME NOT TO EXCEED
 NINETY DAYS FROM SUCH TEST SUBJECT'S RECEIPT OF HIS OR HER SCORE.
   2-A. TEST SUBJECTS WHO TAKE A TEST VIA A COMPUTER AND DO  NOT  SIGN  A
 WAIVER,  SHALL  PROVIDE  THE TEST AGENCY WITH AN E-MAIL ADDRESS TO WHICH
 THE INFORMATION SET FORTH IN SUBDIVISION TWO OF THIS  SECTION  SHALL  BE
 DELIVERED. TEST SUBJECTS WHO TAKE A WRITTEN TEST AND DO NOT SIGN A WAIV-
 ER  SHALL  RECEIVE  THE INFORMATION SET FORTH IN SUBDIVISION TWO OF THIS
 SECTION THROUGH THE MAIL.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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