NY State Senate Bill 2017-S8639C

Archive: Last Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 05, 2018	signed chap.351
Oct 24, 2018	delivered to governor
Jun 18, 2018	returned to senate passed assembly ordered to third reading rules cal.204 substituted for a11022a
Jun 14, 2018	referred to codes delivered to assembly passed senate ordered to third reading cal.1803 committee discharged and committed to rules
Jun 08, 2018	print number 8639c
Jun 08, 2018	amend and recommit to education
May 29, 2018	print number 8639b
May 29, 2018	amend and recommit to education
May 18, 2018	print number 8639a
May 18, 2018	amend and recommit to education
May 10, 2018	referred to education

Votes

- Jun 14, 2018 - Floor Vote
  S8639C
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2018
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (4)
      
      Croci
      
      LaValle
      
      Sepúlveda
      
      Serrano
  Jun 14, 2018 - Rules Committee Vote
  S8639C
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2018
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (2)
      
      Gianaris
      
      Lanza

Bill Amendments

Original

C (Active)

2017-S8639 - Details

See Assembly Version of this Bill:: A11022
Law Section:: Education Law
Laws Affected:: Amd §§342 & 347, Ed L

2017-S8639 - Summary

Relates to standardized test administration; increases penalty for violations to one thousand dollars.

2017-S8639 - Sponsor Memo

                                
 
BILL NUMBER: S8639

SPONSOR: LAVALLE
 
TITLE OF BILL:

An act to amend the education law, in relation to standardized test
administration

 
PURPOSE:

To amend the education law as it relates to standardized test adminis-
tration.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Education Law section 342(5-b) to make
technical corrections to the name of the tests SAT/College Board
provides.

Section 2 of the bill amends Education Law section 342(10)(b) to make
technical corrections to the name of the tests SAT/College Board

provides.

Section 3 of the bill amends Education Law section 342(10) to add a new
paragraph (b-1) which provides a conforming exemption for the ACT
college entrance examination as the SAT. This provides that ACT will
receive a conforming exemption as long as the ACT discloses in each
testing year either: 1) four test forms used to administer the exam in
New York; or 2) if fewer than 4 test administrations are offered in New
York during a test year, the same number of forms shall be disclosed in
New York in the test year.

Section 4 of the bill amends Education Law section 347 to increase the
penalty for truth in testing violations from $500 to $2,000.

 
JUSTIFICATION:

Current State law requires that standardized testing companies make
regular disclosures of test contents to the State Education Department.
This includes: a) a copy of all test questions used in a test adminis-
tration, b) the corresponding acceptable answers to those questions, and
c) all rules for converting raw scores into the scores reported to the
test subject. Documents submitted to the Commissioner are considered
public records for disclosure.

Due to the current disclosure schedule, the ACT may only be offered on
five dates throughout the year. However, ACT, Inc. would like to offer
two additional testing dates in February and July. This would provide
additional flexibly for college bound high school students to take the
exam. To offer the additional dates, ACT, Inc. requests an exemption
from Education Law § 342, subdivisions one, two, three, four and six. It
is an exemption currently provided to the SAT I test. It will allow ACT,
Inc. to offer the additional test dates, while still complying with
State disclosure requirements.

This bill also makes updates to the titles of the SAT tests, as they
have changed in the past few years.


This bill also increases the penalty per violation in the law. In 2016,
College Board administered the newest iteration of the Scholastic Apti-
tude Test (SAT) and there were significant delays in processing the
Question and Answer Service (QAS) reports that allow a student to see
what the scoring was for each question on the exam that student took. A
student's right to see this information was created under the Trust in
Testing Law, codified in the education law. Services like College Board
that administer these exams are required to provide this information
within the timeframe set forth in statute.

The Truth in Testing Law, along with the requisite violations for civil
penalties, was enacted in 1979. The fine amount has not been updated
since then. The amount set forth in this legislation accounts for
inflation through the Consumer Price Index (CPI), which values $500 at
that time to be worth around $2,000 in 2016. This is an update to ensure
that the penalty has the proper value per violation and measures up to
the intent of the original law.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2017-S8639 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8639
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 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  standardized  test
   administration
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 5-b of section 342 of  the  education  law,  as
 added by chapter 295 of the laws of 1999, is amended to read as follows:
   5-b.  Subdivisions one, two, three, four, five, five-a and six of this
 section shall not apply to [the] SAT [II:] Subject Tests.  With  respect
 to  such  tests, the test agency shall maintain on file with the commis-
 sioner a complete sample test, reflecting tests  currently  in  use,  of
 each  type  of SAT [II:] Subject Test to be administered in New York and
 provide to the test subject the opportunity to secure a copy of a repre-
 sentative complete sample test of a Subject Test. Whenever a new Subject
 Test is added the test agency shall file and publish updated information
 consisting of descriptions and sample items prior to the  administration
 of  any  such test in New York. Whenever a substantial change is made in
 any subject, the test agency shall file and publish updated  information
 consisting  of  complete sample tests prior to the administration of any
 such test in New York.
   § 2. Paragraph b of subdivision 10 of section  342  of  the  education
 law,  as  added by chapter 714 of the laws of 1996 and the opening para-
 graph as amended by chapter 295 of the laws of 1999, is amended to  read
 as follows:
   b.  Subdivisions  one,  two, three, four and six of this section shall
 not apply to the SAT [I: Reasoning] Test  during  the  nineteen  hundred
 ninety-six--ninety-seven  test  year or any subsequent test year so long
 as the College Entrance Examination Board discloses in each such testing
 year:
   (i) four test forms used to administer the SAT [I: Reasoning] Test  in
 New York, or
   (ii)  if  fewer  than  four  regular  SAT [I: Reasoning] Test adminis-
 trations are offered in New York during a test year, the same number  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15500-01-8

 S. 8639                             2
 
 SAT [I:  Reasoning] Test forms as regular SAT [I: Reasoning] Test admin-
 istrations in New York in that test year.
   §  3. Subdivision 10 of section 342 of the education law is amended by
 adding a new paragraph b-1 to read as follows:
   B-1. SUBDIVISIONS ONE, TWO, THREE, FOUR AND SIX OF THIS SECTION  SHALL
 NOT  APPLY  TO THE ACT COLLEGE ENTRANCE EXAMINATION DURING THE TWO THOU-
 SAND NINETEEN TEST YEAR OR ANY SUBSEQUENT TEST YEAR, SO LONG AS THE  ACT
 COLLEGE ENTRANCE EXAMINATION BOARD DISCLOSES IN EACH SUCH TESTING YEAR:
   (I)  FOUR TEST FORMS USED TO ADMINISTER THE ACT COLLEGE ENTRANCE EXAM-
 INATION IN NEW YORK, OR
   (II) IF FEWER THAN FOUR REGULAR ACT COLLEGE ENTRANCE EXAMINATIONS TEST
 ADMINISTRATIONS ARE OFFERED IN NEW YORK DURING A  TEST  YEAR,  THE  SAME
 NUMBER  OF  ACT  COLLEGE  ENTRANCE EXAMINATION TEST FORMS AS REGULAR ACT
 COLLEGE ENTRANCE EXAMINATION TEST ADMINISTRATIONS IN NEW  YORK  IN  THAT
 TEST YEAR.
   §  4. Section 347 of the education law, as added by chapter 672 of the
 laws of 1979 and as renumbered by chapter 813 of the laws  of  1980,  is
 amended to read as follows:
   § 347. Violations.  Any test agency which violates any section of this
 article  shall  be  liable  for  a  civil penalty of not more than [five
 hundred] TWO THOUSAND dollars for each violation.
   § 5. This act shall take effect immediately.

2017-S8639A - Details

See Assembly Version of this Bill:: A11022
Law Section:: Education Law
Laws Affected:: Amd §§342 & 347, Ed L

2017-S8639A - Summary

Relates to standardized test administration; increases penalty for violations to one thousand dollars.

2017-S8639A - Sponsor Memo

                                
 
BILL NUMBER: S8639A

SPONSOR: LAVALLE
 
TITLE OF BILL:

An act to amend the education law, in relation to standardized test
administration

 
PURPOSE:

To amend the education law as it relates to standardized test adminis-
tration.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Education Law section 342(5-b) to make
technical corrections to the name of the tests SAT/College Board
provides.

Section 2 of the bill amends Education Law section 342(10)(b) to make
technical corrections to the name of the tests SAT/College Board

provides.

Section 3 of the bill amends Education Law section 342(10) to add a new
paragraph (b-1) which provides an exemption for the ACT college entrance
examination. This provides that ACT will be exempt from subdivisions 1,
2, 3, 4 and 6 during the 2019 test year or any subsequent test year if:
1) 7 or more regular ACT test administrations are offered, 4 test forms
shall be provided; 2) 4, 5 or 6 test administrations are offered during
a test year, 3 test forms shall be provided or 3) if 3 or fewer text
administrations are offered in New York during a year, ACT must disclose
the same number of forms as test administrations.

Section 4 of the bill amends Education Law section 347 to increase the
penalty for truth in testing violations from $500 to $2,000.

 
JUSTIFICATION:

Current State law requires that standardized testing companies make
regular disclosures of test contents to the State Education Department.
This includes: a) a copy of all test questions used in a test adminis-
tration, b) the corresponding acceptable answers to those questions, and
c) all rules for converting raw scores into the scores reported to the
test subject. Documents submitted to the Commissioner are considered
public records for disclosure.

Due to the current disclosure schedule, the ACT may only be offered on
five dates throughout the year. However, ACT, Inc. would like to offer
two additional testing dates in February and July. This would provide
additional flexibly for college bound high school students to take the
exam. To offer the additional dates, ACT, Inc. requests an exemption
from Education Law § 342, subdivisions one, two, three, four and six. It
is an exemption currently provided to the SAT I test. It will allow ACT,
Inc. to offer the additional test dates, while still complying with
State disclosure requirements.

This bill also makes updates to the titles of the SAT tests, as they
have changed in the past few years.

This bill also increases the penalty per violation in the law. In 2016,
College Board administered the newest iteration of the Scholastic Apti-
tude Test (SAT) and there were significant delays in processing the
Question and Answer Service (QAS) reports that allow a student to see
what the scoring was for each question on the exam that student took. A
student's right to see this information was created under the Trust in
Testing Law, codified in the education law. Services like College Board
that administer these exams are required to provide this information
within the timeframe set forth in statute.

The Truth in Testing Law, along with the requisite violations for civil
penalties, was enacted in 1979. The fine amount has not been updated
since then. The amount set forth in this legislation accounts for
inflation through the Consumer Price Index (CPI), which values $500 at
that time to be worth around $2,000 in 2016. This is an update to ensure
that the penalty has the proper value per violation and measures up to
the intent of the original law.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2017-S8639A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8639--A
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  education law, in relation to standardized test
   administration

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  5-b  of section 342 of the education law, as
 added by chapter 295 of the laws of 1999, is amended to read as follows:
   5-b. Subdivisions one, two, three, four, five, five-a and six of  this
 section  shall not apply to [the] SAT [II:] Subject Tests.  With respect
 to such tests, the test agency shall maintain on file with  the  commis-
 sioner  a  complete  sample  test, reflecting tests currently in use, of
 each type of SAT [II:] Subject Test to be administered in New  York  and
 provide to the test subject the opportunity to secure a copy of a repre-
 sentative complete sample test of a Subject Test. Whenever a new Subject
 Test is added the test agency shall file and publish updated information
 consisting  of descriptions and sample items prior to the administration
 of any such test in New York. Whenever a substantial change is  made  in
 any  subject, the test agency shall file and publish updated information
 consisting of complete sample tests prior to the administration  of  any
 such test in New York.
   §  2.  Paragraph  b  of subdivision 10 of section 342 of the education
 law, as added by chapter 714 of the laws of 1996 and the  opening  para-
 graph  as amended by chapter 295 of the laws of 1999, is amended to read
 as follows:
   b. Subdivisions one, two, three, four and six of  this  section  shall
 not  apply  to  the  SAT [I: Reasoning] Test during the nineteen hundred
 ninety-six--ninety-seven test year or any subsequent test year  so  long
 as the College Entrance Examination Board discloses in each such testing
 year:
   (i)  four test forms used to administer the SAT [I: Reasoning] Test in
 New York, or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15500-02-8

 S. 8639--A                          2
 
   (ii) if fewer than four  regular  SAT  [I:  Reasoning]  Test  adminis-
 trations  are offered in New York during a test year, the same number of
 SAT [I:  Reasoning] Test forms as regular SAT [I: Reasoning] Test admin-
 istrations in New York in that test year.
   §  3. Subdivision 10 of section 342 of the education law is amended by
 adding a new paragraph b-1 to read as follows:
   B-1. SUBDIVISIONS ONE, TWO, THREE, FOUR AND SIX OF THIS SECTION  SHALL
 NOT  APPLY  TO THE ACT COLLEGE ENTRANCE EXAMINATION DURING THE TWO THOU-
 SAND NINETEEN TEST YEAR OR ANY SUBSEQUENT TEST YEAR, SO LONG AS THE  ACT
 COLLEGE ENTRANCE EXAMINATION BOARD DISCLOSES IN EACH SUCH TESTING YEAR:
   (I)  IF  SEVEN  OR MORE REGULAR ACT COLLEGE ENTRANCE EXAMINATIONS TEST
 ADMINISTRATIONS ARE OFFERED IN NEW YORK DURING A  TEST  YEAR,  FOUR  ACT
 COLLEGE  ENTRANCE  EXAMINATIONS  TEST  FORMS  USED TO ADMINISTER THE ACT
 COLLEGE ENTRANCE EXAMINATION TEST IN NEW YORK;
   (II) IF FOUR, FIVE OR SIX REGULAR ACT  COLLEGE  ENTRANCE  EXAMINATIONS
 TEST  ADMINISTRATIONS  ARE OFFERED IN NEW YORK DURING A TEST YEAR, THREE
 ACT COLLEGE ENTRANCE EXAMINATIONS TEST FORMS USED TO ADMINISTER THE  ACT
 COLLEGE ENTRANCE EXAMINATION TEST IN NEW YORK; OR
   (III) IF THREE OR FEWER REGULAR ACT COLLEGE ENTRANCE EXAMINATIONS TEST
 ADMINISTRATIONS  ARE  OFFERED  IN  NEW YORK DURING A TEST YEAR, THE SAME
 NUMBER OF ACT COLLEGE ENTRANCE EXAMINATION TEST  FORMS  AS  REGULAR  ACT
 COLLEGE  ENTRANCE  EXAMINATION  TEST ADMINISTRATIONS IN NEW YORK IN THAT
 TEST YEAR.
   § 4. Section 347 of the education law, as added by chapter 672 of  the
 laws  of  1979  and as renumbered by chapter 813 of the laws of 1980, is
 amended to read as follows:
   § 347. Violations.  Any test agency which violates any section of this
 article shall be liable for a civil  penalty  of  not  more  than  [five
 hundred] TWO THOUSAND dollars for each violation.
   § 5. This act shall take effect immediately.

2017-S8639B - Details

See Assembly Version of this Bill:: A11022
Law Section:: Education Law
Laws Affected:: Amd §§342 & 347, Ed L

2017-S8639B - Summary

Relates to standardized test administration; increases penalty for violations to one thousand dollars.

2017-S8639B - Sponsor Memo

                                
 
BILL NUMBER: S8639B

SPONSOR: LAVALLE
 
TITLE OF BILL:

An act to amend the education law, in relation to standardized test
administration

 
PURPOSE:

To amend the education law as it relates to standardized test adminis-
tration.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Education Law section 342(5-b) to make
technical corrections to the name of the tests SAT/College Board
provides.

Section 2 of the bill amends Education Law section 342(10)(b) to make
technical corrections to the name of the tests SAT/College Board

provides.

Section 3 of the bill amends Education Law section 342(10) to add a new
paragraph (b-1) which provides an exemption for the ACT college entrance
examination. This provides that ACT will be exempt from subdivisions 1,
2, 3, 4 and 6 during the 2019 test year or any subsequent test year if:
1) 7 or more regular ACT test administrations are offered, 4 test forms
shall be provided; 2) 4, 5 or 6 test administrations are offered during
a test year, 3 test forms shall be provided or 3) if 3 or fewer text
administrations are offered in New York during a year, ACT must disclose
the same number of forms as test administrations.

Section 4 of the bill amends Education Law section 347 to increase the
penalty for truth in testing violations from $500 to $1,000.

 
JUSTIFICATION:

Current State law requires that standardized testing companies make
regular disclosures of test contents to the State Education Department.
This includes: a) a copy of all test questions used in a test adminis-
tration, b) the corresponding acceptable answers to those questions, and
c) all rules for converting raw scores into the scores reported to the
test subject. Documents submitted to the Commissioner are considered
public records for disclosure.

Due to the current disclosure schedule, the ACT may only be offered on
five dates throughout the year. However, ACT, Inc. would like to offer
two additional testing dates in February and July. This would provide
additional flexibly for college bound high school students to take the
exam. To offer the additional dates, ACT, Inc. requests an exemption
from Education Law § 342, subdivisions one, two, three, four and six. It
is an exemption currently provided to the SAT I test. It will allow ACT,
Inc. to offer the additional test dates, while still complying with
State disclosure requirements.  This bill also makes updates to the
titles of the SAT tests, as they have changed in the past few years.

This bill also increases the penalty per violation in the law. In 2016,
College Board administered the newest iteration of the Scholastic Apti-
tude Test (SAT) and there were significant delays in processing the
Question and Answer Service (QAS) reports that allow a student to see
what the scoring was for each question on the exam that student took. A
student's right to see this information was created under the Trust in
Testing Law, codified in the education law. Services like College Board
that administer these exams are required to provide this information
within the timeframe set forth in statute.

The Truth in Testing Law, along with the requisite violations for civil
penalties, was enacted in 1979. The fine amount has not been updated
since then. The amount set forth in this legislation is doubled from the
original penalty of $500. This is an update to ensure that the penalty
has the proper value per violation and measures up to the intent of the
original law.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2017-S8639B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8639--B
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the education law,  in  relation  to  standardized  test
   administration
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5-b of section 342 of  the  education  law,  as
 added by chapter 295 of the laws of 1999, is amended to read as follows:
   5-b.  Subdivisions one, two, three, four, five, five-a and six of this
 section shall not apply to [the] SAT [II:] Subject Tests.  With  respect
 to  such  tests, the test agency shall maintain on file with the commis-
 sioner a complete sample test, reflecting tests  currently  in  use,  of
 each  type  of SAT [II:] Subject Test to be administered in New York and
 provide to the test subject the opportunity to secure a copy of a repre-
 sentative complete sample test of a Subject Test. Whenever a new Subject
 Test is added the test agency shall file and publish updated information
 consisting of descriptions and sample items prior to the  administration
 of  any  such test in New York. Whenever a substantial change is made in
 any subject, the test agency shall file and publish updated  information
 consisting  of  complete sample tests prior to the administration of any
 such test in New York.
   § 2. Paragraph b of subdivision 10 of section  342  of  the  education
 law,  as  added by chapter 714 of the laws of 1996 and the opening para-
 graph as amended by chapter 295 of the laws of 1999, is amended to  read
 as follows:
   b.  Subdivisions  one,  two, three, four and six of this section shall
 not apply to the SAT [I: Reasoning] Test  during  the  nineteen  hundred
 ninety-six--ninety-seven  test  year or any subsequent test year so long
 as the College Entrance Examination Board discloses in each such testing
 year:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15500-03-8

 S. 8639--B                          2
 
   (i) four test forms used to administer the SAT [I: Reasoning] Test  in
 New York, or
   (ii)  if  fewer  than  four  regular  SAT [I: Reasoning] Test adminis-
 trations are offered in New York during a test year, the same number  of
 SAT [I:  Reasoning] Test forms as regular SAT [I: Reasoning] Test admin-
 istrations in New York in that test year.
   §  3. Subdivision 10 of section 342 of the education law is amended by
 adding a new paragraph b-1 to read as follows:
   B-1. SUBDIVISIONS ONE, TWO, THREE, FOUR AND SIX OF THIS SECTION  SHALL
 NOT  APPLY  TO THE ACT COLLEGE ENTRANCE EXAMINATION DURING THE TWO THOU-
 SAND NINETEEN TEST YEAR OR ANY SUBSEQUENT TEST YEAR, SO LONG AS THE  ACT
 COLLEGE ENTRANCE EXAMINATION BOARD DISCLOSES IN EACH SUCH TESTING YEAR:
   (I)  IF  SEVEN  OR MORE REGULAR ACT COLLEGE ENTRANCE EXAMINATIONS TEST
 ADMINISTRATIONS ARE OFFERED IN NEW YORK DURING A  TEST  YEAR,  FOUR  ACT
 COLLEGE  ENTRANCE  EXAMINATIONS  TEST  FORMS  USED TO ADMINISTER THE ACT
 COLLEGE ENTRANCE EXAMINATION TEST IN NEW YORK;
   (II) IF FOUR, FIVE OR SIX REGULAR ACT  COLLEGE  ENTRANCE  EXAMINATIONS
 TEST  ADMINISTRATIONS  ARE OFFERED IN NEW YORK DURING A TEST YEAR, THREE
 ACT COLLEGE ENTRANCE EXAMINATIONS TEST FORMS USED TO ADMINISTER THE  ACT
 COLLEGE ENTRANCE EXAMINATION TEST IN NEW YORK; OR
   (III) IF THREE OR FEWER REGULAR ACT COLLEGE ENTRANCE EXAMINATIONS TEST
 ADMINISTRATIONS  ARE  OFFERED  IN  NEW YORK DURING A TEST YEAR, THE SAME
 NUMBER OF ACT COLLEGE ENTRANCE EXAMINATION TEST  FORMS  AS  REGULAR  ACT
 COLLEGE  ENTRANCE  EXAMINATION  TEST ADMINISTRATIONS IN NEW YORK IN THAT
 TEST YEAR.
   § 4. Section 347 of the education law, as added by chapter 672 of  the
 laws  of  1979  and as renumbered by chapter 813 of the laws of 1980, is
 amended to read as follows:
   § 347. Violations.  Any test agency which violates any section of this
 article shall be liable for a civil  penalty  of  not  more  than  [five
 hundred] ONE THOUSAND dollars for each violation.
   § 5. This act shall take effect immediately.

2017-S8639C (ACTIVE) - Details

See Assembly Version of this Bill:: A11022
Law Section:: Education Law
Laws Affected:: Amd §§342 & 347, Ed L

2017-S8639C (ACTIVE) - Summary

Relates to standardized test administration; increases penalty for violations to one thousand dollars.

2017-S8639C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8639C

SPONSOR: LAVALLE
 
TITLE OF BILL:  An act to amend the education law, in relation to
standardized test administration

 
PURPOSE:

To amend the education law as it relates to standardized test adminis-
tration.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Education Law section 342(5-b) to make
technical corrections to the name of the tests SAT/College Board
provides.

Section 2 of the bill amends Education Law section 342(10)(b) to make
technical corrections to the name of the tests SAT/College Board
provides and end SAT's current exemption in the 2018-2019 test year.

Section 3 of the bill amends Education Law section 342(10) to add a new
paragraph (b-1) which provides an exemption for the SAT Test starting in
the 2019-2020 test year. This provides that ACT will be exempt from
subdivisions 1, 2, 3, 4 and 6 during the 2019 test year or any subse-
quent test year if: 1) 7 or more regular SAT test administrations are
offered, 4 test forms shall be provided; 2) 4, 5 or 6 test adminis-
trations are offered during a test year, 3 test forms shall be provided
or 3) if 3 or fewer test administrations are offered in New York during
a year, SAT must disclose the same number of forms as test adminis-
trations.

Section 4 of the bill amends Education Law section 342(10) to add a new
paragraph (b-2) which provides an exemption for the ACT college entrance
Examination starting in the 2019-2020 test year. This provides that ACT
will be exempt from subdivisions 1, 2, 3, 4 and 6 during the 2019 test
year or any subsequent test year if: 1) 7 or more regular ACT test
administrations are offered, 4 test forms shall be provided; 2) 4, 5 or
6 test administrations are offered during a test year, 3 test forms
shall be provided or 3) if 3 or fewer text administrations are offered
in New York during a year, ACT must disclose the same number of forms as
test administrations.

Section 5 of the bill amends Education Law section 347 to increase the
penalty for truth in testing violations from $500 to $1,000.

Section 6 of the bill sets for the effective date.

 
JUSTIFICATION:

Current State law requires that standardized testing companies make
regular disclosures of test contents to the State Education Department.
This includes: a) a copy of all test questions used in a test adminis-
tration, b) the corresponding acceptable answers to those questions, and
c) all rules for converting raw scores into the scores reported to the
test subject. Documents submitted to the Commissioner are considered
public records for disclosure.


Due to the current disclosure schedule, the ACT may only be offered on
five dates throughout the year. However, ACT, Inc. would like to offer
two additional testing dates in February and July. This would provide
additional flexibly for college bound high school students to take the
exam. To offer the additional dates, ACT, Inc. requests an exemption
from Education Law § 342, subdivisions one, two, three, four and six. It
is an exemption currently provided to the SAT I test. It will allow ACT,
Inc. to offer the additional test dates, while still complying with
State disclosure requirements. This bill also makes updates to the
titles of the SAT tests, as they have changed in the past few years.

This bill would also create a mirroring exemption for the SAT Test
administrations in the State.

This bill also increases the penalty per violation in the law. In 2016,
College Board administered the newest iteration of the Scholastic Apti-
tude Test (SAT) and there were significant delays in processing the
Question and Answer Service (QAS) reports that allow a student to see
what the scoring was for each question on the exam that student took. A
student's right to see this information was created under the Trust in
Testing Law, codified in the education law. Services like College Board
that administer these exams are required to provide this information
within the timeframe set forth in statute.

The Truth in Testing Law, along with the requisite violations for civil
penalties, was enacted in 1979. The fine amount has not been updated
since then. The amount set forth in this legislation is doubled from the
original penalty of $500. This is an update to ensure that the penalty
has the proper value per violation and measures up to the intent of the
original law.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
Immediately.

2017-S8639C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8639--C
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  education law, in relation to standardized test
   administration
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  5-b  of section 342 of the education law, as
 added by chapter 295 of the laws of 1999, is amended to read as follows:
   5-b. Subdivisions one, two, three, four, five, five-a and six of  this
 section  shall not apply to [the] SAT [II:] Subject Tests.  With respect
 to such tests, the test agency shall maintain on file with  the  commis-
 sioner  a  complete  sample  test, reflecting tests currently in use, of
 each type of SAT [II:] Subject Test to be administered in New  York  and
 provide to the test subject the opportunity to secure a copy of a repre-
 sentative complete sample test of a Subject Test. Whenever a new Subject
 Test is added the test agency shall file and publish updated information
 consisting  of descriptions and sample items prior to the administration
 of any such test in New York. Whenever a substantial change is  made  in
 any  subject, the test agency shall file and publish updated information
 consisting of complete sample tests prior to the administration  of  any
 such test in New York.
   §  2.  Paragraph  b  of subdivision 10 of section 342 of the education
 law, as added by chapter 714 of the laws of 1996 and the  opening  para-
 graph  as amended by chapter 295 of the laws of 1999, is amended to read
 as follows:
   b. Subdivisions one, two, three, four and six of  this  section  shall
 not  apply  to  the  SAT [I: Reasoning] Test during the nineteen hundred
 ninety-six--ninety-seven test year or [any subsequent] TO THE TWO  THOU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15500-05-8

 S. 8639--C                          2
 
 SAND  EIGHTEEN--TWO  THOUSAND  NINETEEN test year so long as the College
 Entrance Examination Board discloses in each such testing year:
   (i)  four test forms used to administer the SAT [I: Reasoning] Test in
 New York, or
   (ii) if fewer than four  regular  SAT  [I:  Reasoning]  Test  adminis-
 trations  are offered in New York during a test year, the same number of
 SAT [I:  Reasoning] Test forms as regular SAT [I: Reasoning] Test admin-
 istrations in New York in that test year.
   § 3. Subdivision 10 of section 342 of the education law is amended  by
 adding a new paragraph b-1 to read as follows:
   B-1.  SUBDIVISIONS ONE, TWO, THREE, FOUR AND SIX OF THIS SECTION SHALL
 NOT APPLY TO THE SAT TEST DURING THE TWO THOUSAND NINETEEN--TWO THOUSAND
 TWENTY TEST YEAR OR ANY SUBSEQUENT TEST YEAR, SO  LONG  AS  THE  COLLEGE
 ENTRANCE EXAMINATION BOARD DISCLOSES IN EACH SUCH TESTING YEAR:
   (I)  IF  SEVEN OR MORE REGULAR SAT TEST ADMINISTRATIONS ARE OFFERED IN
 NEW YORK DURING A TEST YEAR, FOUR SAT TEST FORMS USED TO ADMINISTER  THE
 SAT TEST IN NEW YORK;
   (II) IF FOUR, FIVE OR SIX REGULAR SAT TEST ADMINISTRATIONS ARE OFFERED
 IN  NEW YORK DURING A TEST YEAR, THREE SAT TEST FORMS USED TO ADMINISTER
 THE SAT TEST IN NEW YORK; OR
   (III) IF THREE OR FEWER REGULAR SAT TEST ADMINISTRATIONS  ARE  OFFERED
 IN  NEW  YORK DURING A TEST YEAR, THE SAME NUMBER OF SAT TEST FORMS USED
 TO ADMINISTER THE SAT TEST IN NEW YORK.
   § 4. Subdivision 10 of section 342 of the education law is amended  by
 adding a new paragraph b-2 to read as follows:
   B-2.  SUBDIVISIONS ONE, TWO, THREE, FOUR AND SIX OF THIS SECTION SHALL
 NOT APPLY TO THE ACT COLLEGE ENTRANCE EXAMINATION DURING THE  TWO  THOU-
 SAND  NINETEEN--TWO  THOUSAND  TWENTY  TEST  YEAR OR ANY SUBSEQUENT TEST
 YEAR, SO LONG AS THE ACT COLLEGE ENTRANCE EXAMINATION BOARD DISCLOSES IN
 EACH SUCH TESTING YEAR:
   (I) IF SEVEN OR MORE REGULAR ACT COLLEGE  ENTRANCE  EXAMINATIONS  TEST
 ADMINISTRATIONS  ARE  OFFERED  IN  NEW YORK DURING A TEST YEAR, FOUR ACT
 COLLEGE ENTRANCE EXAMINATIONS TEST FORMS  USED  TO  ADMINISTER  THE  ACT
 COLLEGE ENTRANCE EXAMINATION TEST IN NEW YORK;
   (II)  IF  FOUR,  FIVE OR SIX REGULAR ACT COLLEGE ENTRANCE EXAMINATIONS
 TEST ADMINISTRATIONS ARE OFFERED IN NEW YORK DURING A TEST  YEAR,  THREE
 ACT  COLLEGE ENTRANCE EXAMINATIONS TEST FORMS USED TO ADMINISTER THE ACT
 COLLEGE ENTRANCE EXAMINATION TEST IN NEW YORK; OR
   (III) IF THREE OR FEWER REGULAR ACT COLLEGE ENTRANCE EXAMINATIONS TEST
 ADMINISTRATIONS ARE OFFERED IN NEW YORK DURING A  TEST  YEAR,  THE  SAME
 NUMBER  OF  ACT  COLLEGE  ENTRANCE EXAMINATION TEST FORMS AS REGULAR ACT
 COLLEGE ENTRANCE EXAMINATION TEST ADMINISTRATIONS IN NEW  YORK  IN  THAT
 TEST YEAR.
   §  5. Section 347 of the education law, as added by chapter 672 of the
 laws of 1979 and as renumbered by chapter 813 of the laws  of  1980,  is
 amended to read as follows:
   § 347. Violations.  Any test agency which violates any section of this
 article  shall  be  liable  for  a  civil penalty of not more than [five
 hundred] ONE THOUSAND dollars for each violation.
   § 6. This act shall take effect immediately.

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Senate Bill S8639C

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 14, 2018 - Floor Vote

Floor Vote: Jun 14, 2018

Jun 14, 2018 - Rules Committee Vote

Rules Committee Vote: Jun 14, 2018

Bill Amendments

2017-S8639 - Details

2017-S8639 - Summary

2017-S8639 - Sponsor Memo

2017-S8639 - Bill Text download pdf

2017-S8639A - Details

2017-S8639A - Summary

2017-S8639A - Sponsor Memo

2017-S8639A - Bill Text download pdf

2017-S8639B - Details

2017-S8639B - Summary

2017-S8639B - Sponsor Memo

2017-S8639B - Bill Text download pdf

2017-S8639C (ACTIVE) - Details

2017-S8639C (ACTIVE) - Summary

2017-S8639C (ACTIVE) - Sponsor Memo

2017-S8639C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8639C

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2017-S8639 - Details

2017-S8639 - Summary

2017-S8639 - Sponsor Memo

2017-S8639 - Bill Text download pdf

2017-S8639A - Details

2017-S8639A - Summary

2017-S8639A - Sponsor Memo

2017-S8639A - Bill Text download pdf

2017-S8639B - Details

2017-S8639B - Summary

2017-S8639B - Sponsor Memo

2017-S8639B - Bill Text download pdf

2017-S8639C (ACTIVE) - Details

2017-S8639C (ACTIVE) - Summary

2017-S8639C (ACTIVE) - Sponsor Memo

2017-S8639C (ACTIVE) - Bill Text download pdf

Comments