Bill Text: NY A05003 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides for accountability in state assessments by creating a regents review board to audit assessments used to determine grade promotion, graduation and adequate yearly progress by requiring a written report, implementation of an auditing and review of pilot and/or field testing of the standardized tests used to ensure validity, reliability, alignment to standards and appropriateness of use.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-05 - referred to education [A05003 Detail]
Download: New_York-2021-A05003-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5003 2021-2022 Regular Sessions IN ASSEMBLY February 10, 2021 ___________ Introduced by M. of A. PAULIN, BENEDETTO -- read once and referred to the Committee on Education AN ACT to require annual reports and create a regents review board to audit assessments used to determine grade promotion, graduation or adequate yearly progress for validity, reliability, alignment to stan- dards and appropriateness of use The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Reporting requirements. 1. (a) Not later than September 2 fifteenth of each year, the commissioner of education shall submit to 3 the state board of regents, the temporary president of the senate and 4 the speaker of the assembly: 5 (i) A written report that conclusively demonstrates the validity, 6 reliability, alignment to the state learning standards established by 7 the department of education (learning standards) and appropriateness of 8 use for its intended purposes for each assessment (noting each instru- 9 ment and the dates of usage) used by the department of education to 10 determine a student's eligibility for a high school diploma, promotion 11 to grade, or measurement of adequate yearly progress (AYP) under the 12 federal No Child Left Behind Act of a school or district in the preced- 13 ing school year. Demonstration of assessment validity, reliability, 14 alignment to learning standards and appropriateness of use must be made 15 in accordance with applicable professional assessment guidelines and 16 standards of the American Educational Research Association (AERA), the 17 American Psychological Association (APA) and the National Council on 18 Measurement in Education (NCME) (collectively and as may be modified 19 from time to time, the joint standards), including pedagogic and curric- 20 ular, as well as psychometric, standards. 21 (ii) A technical manual for each assessment used by the department of 22 education and used to determine a student's eligibility for a high 23 school diploma, promotion to grade, or measurement of AYP of a school or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01983-01-1A. 5003 2 1 district in the preceding school year. The technical manual must comply 2 with the professional requirements of the assessment industry as recog- 3 nized by the AERA, APA and NCME. 4 (b) The annual report and technical manual shall be made available to 5 the public upon submission to the state board of regents and to the 6 temporary president of the senate and the speaker of the assembly. 7 2. Failure of the commissioner of education to produce a report under 8 subparagraph (i) of paragraph (a) of subdivision one of this section or 9 a technical manual under subparagraph (ii) of such paragraph for any 10 given assessment shall be deemed a failure to demonstrate the validity, 11 reliability, alignment to learning standards and appropriateness of use 12 of such assessment, and the results from such assessment shall not be 13 used to determine a student's eligibility for a high school diploma, 14 promotion to grade, or measurement of AYP of a school or district in the 15 preceding school year. The commissioner of education shall substitute an 16 alternate measure for the decision taken on the basis of the adminis- 17 tered assessment. Where a decision to graduate or promote a student 18 cannot be based on a demonstrably valid standardized assessment, the 19 decision will be based on a combination of final grade in the relevant 20 academic courses and faculty recommendations in place of the results of 21 such examination. Any part of an assessment not demonstrated to be valid 22 shall not be used for any subsequent determination. 23 § 2. Audit requirements. The state board of regents shall appoint an 24 independent panel of experts on curricular assessments qualified to 25 determine whether or not an assessment meets professional standards of 26 the measurement industry and scholarly associations for validity, reli- 27 ability, alignment to learning standards and appropriateness of use. The 28 panel shall be known as the regents review board, hereafter referred to 29 as the board. The board shall consist of five members. The members of 30 the board will be members of the AERA or the APA. Each member of the 31 board will be a recognized expert in the field of testing psychometrics 32 or curriculum evaluation and will have at least ten years experience in 33 evaluating validity, reliability, alignment with learning standards and 34 appropriateness of use of tests at the primary and secondary school 35 levels. 36 1. The board shall review each assessment used by the department of 37 education to determine a student's eligibility for a high school diplo- 38 ma, promotion to grade, or measurement of AYP of a school or district to 39 determine whether the assessment meets the joint standards for assess- 40 ment validity, reliability, alignment to learning standards and appro- 41 priateness of use. The board shall also review the commissioner of 42 education's annual report and supporting materials concerning the valid- 43 ity, reliability, alignment to learning standards and appropriateness of 44 use of the assessments, and the technical manual of each assessment. The 45 board shall have complete access to all documents of the department of 46 education relating to the assessments reviewed by the board, including 47 pilot and/or field test results for such assessments and any changes to 48 materials or practices relating to such assessments implemented as a 49 result of such pilot and/or field tests. The board shall maintain the 50 confidentiality of all documents deemed to contain proprietary informa- 51 tion. 52 2. The board shall determine whether or not each assessment used by 53 the department of education for graduation, promotion or determination 54 of AYP is valid, reliable, aligned to the learning standards, and appro- 55 priate for use. The board shall submit, not later than October fifteenth 56 of each year, a written report of its findings to the state board ofA. 5003 3 1 regents, the temporary president of the senate and the speaker of the 2 assembly. The report shall be made available to the public upon its 3 submission as provided in this subdivision. 4 3. If the board determines that any part of an assessment used by the 5 department of education does not meet the standards for validity, reli- 6 ability, alignment to learning standards or appropriateness of use under 7 the joint standards, such part or parts of those assessments shall be 8 considered invalid, and the results from such assessment shall not be 9 used to determine a student's eligibility for a high school diploma, 10 promotion to grade, or measurement of AYP of a school or district in any 11 school year. The commissioner of education shall substitute an alternate 12 measure for the decision taken on the basis of the administered assess- 13 ment. Where a decision to graduate or promote a student is based on an 14 assessment not demonstrably valid, the decision will be based on a 15 combination of final grade in the relevant academic courses and faculty 16 recommendations in place of the results of such examination. The deter- 17 mination of the board shall be final as to the use of those assessments. 18 4. If any part of an assessment used by the department of education 19 has been determined by the board to fail to meet the joint standards and 20 related research for assessment validity, reliability, alignment to 21 learning standards or appropriateness of use, the commissioner of educa- 22 tion shall not use such part or parts of the assessment in any subse- 23 quent test administrations. 24 § 3. Pilot testing. 1. No later than sixty days prior to the depart- 25 ment of education's scheduled administration of any assessment to deter- 26 mine a student's eligibility for a high school diploma, promotion to 27 grade, or measurement of AYP of a school or district in the preceding 28 school year, the commissioner of education shall submit to the board, 29 the state board of regents and the temporary president of the senate and 30 the speaker of the assembly the results of all pilot and/or field tests 31 conducted for that assessment and make available to the board all 32 records relating to such pilot and/or field tests and results. Pilot 33 and/or field tests are assessments administered by the department of 34 education that are not being used for decisions of graduation, promotion 35 to grade, or measurement of AYP but contain individual questions that 36 are to be used on assessments to determine a student's eligibility for a 37 high school diploma, promotion to grade, or measurement of AYP. For 38 purposes of this section, results of pilot and/or field tests shall 39 include, but not be limited to, analysis of answers to questions on the 40 administered pilot and/or field test based on percentage answered 41 correctly, breakdown of results according to race and gender, an expla- 42 nation of how the pilot and/or field test was administered, and an 43 explanation of the learning standard a question purports to test. The 44 failure to submit and identify pilot and/or field test results or to 45 provide access to records as required under this subdivision shall 46 preclude the department of education from using or administering the 47 assessment. 48 2. Where the board has received from the commissioner of education the 49 results of the pilot and/or field test for an assessment as required 50 under subdivision one of this section, the board shall, not later than 51 thirty days prior to the department of education's scheduled adminis- 52 tration of such assessment, deliver to the state board of regents and 53 the temporary president of the senate and the speaker of the assembly a 54 written report evaluating the pilot and/or field tests and the results 55 of the pilot and/or field tests provided by the department of education. 56 The written report of the board shall be made available to the public.A. 5003 4 1 3. In its evaluation, the board will identify any recognizable short- 2 comings of the pilot and/or field tests. If the board determines that 3 any part of the pilot and/or field tests were not conducted in accord- 4 ance with the joint standards, that they fall short of needed prepara- 5 tion, or if it appears to the board that the assessment for which the 6 pilot and/or field tests were conducted is likely to fail to meet the 7 criteria for validity, reliability, alignment to learning standards, or 8 appropriateness of use under the joint standards, the board shall recom- 9 mend to the state board of regents that the department of education 10 shall not use or administer the assessment for which the pilot and/or 11 field tests were conducted. The state board of regents shall, within 12 fourteen days of receipt of the board's report, provide to the board, 13 the temporary president of the senate and the speaker of the assembly 14 written notice of the actions proposed to be taken by the state board of 15 regents with respect to the recommendations of the board contained in 16 such report. 17 § 4. This act shall take effect on the ninetieth day after it shall 18 have become a law. Effective immediately, the addition, amendment and/or 19 repeal of any rule or regulation necessary for the implementation of 20 this act on its effective date are authorized to be made and completed 21 on or before such effective date.
