Bill Text: NY A00168 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Provides that students who have an IEP shall not be required to take more than one regents examination on any given day.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to education [A00168 Detail]

Download: New_York-2023-A00168-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           168

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Education

        AN ACT to amend the education law, in relation to the administration  of
          exams to students with disabilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and intent. The legislature finds that
     2  certain students with disabilities are  allowed  extended  testing  time
     3  according  to their individual education program, or perhaps even accom-
     4  modations provided pursuant to regulations promulgated under section 504
     5  of the Rehabilitation Act of 1973. The legislature  further  finds  that
     6  these  students,  as a result of this extended time allowance, are being
     7  subjected to ten or eleven straight  hours  of  testing  when  they  are
     8  required to take two regents exams on the same date.
     9    The  legislature  acknowledges  the department of education's need for
    10  security concerning the substance  of  the  examination.  As  such,  the
    11  legislature  understands  the department's continuing hesitance to allow
    12  these students with disabilities to take the exams on  days  other  than
    13  which they had been officially scheduled.
    14    However, the benefits of providing these children with respite between
    15  each exam far outweighs the potential of one of these students garnering
    16  information about the exam from another student who had previously taken
    17  the  exam.  Therefore,  it is the intent of this legislature to have the
    18  commissioner of education implement  a  process  whereby  students  with
    19  certain  disabilities  are  not  required  to take more than one regents
    20  examination in any given day.
    21    § 2. The education law is amended by adding a new section 319 to  read
    22  as follows:
    23    §  319.  Examination  of  students with disabilities. The commissioner
    24  shall promulgate regulations establishing guidelines which provide  that

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01927-01-3
        A. 168                              2

     1  any  child  who has extended testing time provisions on his or her indi-
     2  vidualized education program, or  who  receives  extended  testing  time
     3  accommodations  pursuant  to  section  504  of the Rehabilitation Act of
     4  1973, is provided an opportunity to only take one regents examination on
     5  any given day.
     6    § 3. This act shall take effect on the one hundred eightieth day after
     7  it  shall have become a law. Effective immediately, the addition, amend-
     8  ment, and/or repeal of any rule or regulation necessary for  the  imple-
     9  mentation  of  this  act on its effective date are authorized to be made
    10  and completed on or before such effective date.