S T A T E O F N E W Y O R K ________________________________________________________________________ 6593 2013-2014 Regular Sessions I N A S S E M B L Y April 10, 2013 ___________ Introduced by M. of A. NOLAN -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to standardized testing for kindergarten, grade one or grade two THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 305 of the education law is amended by adding a new 2 subdivision 43 to read as follows: 3 43. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION TO THE 4 CONTRARY, THE COMMISSIONER SHALL PROHIBIT THE ADMINISTRATION OF STATE 5 DEVELOPED ASSESSMENT OR OTHER COMPARABLE ASSESSMENTS TO STUDENTS 6 ENROLLED IN KINDERGARTEN, GRADE ONE OR GRADE TWO THAT ARE BEING USED FOR 7 ANYTHING OTHER THAN DIAGNOSTIC PURPOSES. PROVIDED FURTHER, SCHOOL 8 DISTRICTS SHALL USE DISTRICT, REGIONAL, OR BOCES DEVELOPED ASSESSMENTS 9 TO COMPLY WITH PARAGRAPH F OF SUBDIVISION TWO OF SECTION THREE THOUSAND 10 TWELVE-C OF THIS CHAPTER FOR STUDENTS ENROLLED IN KINDERGARTEN, GRADE 11 ONE OR GRADE TWO. THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO 12 IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION. 13 S 2. This act shall take effect July 1, 2013. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10239-01-3