S T A T E O F N E W Y O R K ________________________________________________________________________ 6594--A 2013-2014 Regular Sessions I N A S S E M B L Y April 10, 2013 ___________ Introduced by M. of A. NOLAN, ROSENTHAL, THIELE, SCHIMEL, GUNTHER, RA, OTIS, PEOPLES-STOKES, SKOUFIS, JAFFEE, FAHY, COLTON, HENNESSEY, ZEBROWSKI, PAULIN, BRINDISI, LAVINE -- Multi-Sponsored by -- M. of A. GLICK, LIFTON, MARKEY, SOLAGES -- read once and referred to the Committee on Education -- recommitted to the Committee on Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the education law, in relation to requiring a study and report on the total cost of developing all student assessments 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 44 to read as follows: 3 44. A. THE COMMISSIONER SHALL UNDERTAKE A STUDY TO DETERMINE THE TOTAL 4 COST OF DEVELOPING ALL STUDENT ASSESSMENTS, INCLUDING THE TOTAL COST OF 5 PREPARING STUDENTS FOR ALL ASSESSMENTS, THE TOTAL COST OF ADMINISTERING 6 ALL ASSESSMENTS, AND THE TOTAL COST OF GRADING AND REVIEWING ALL ASSESS- 7 MENTS IN THE TWO THOUSAND THIRTEEN -- TWO THOUSAND FOURTEEN SCHOOL YEAR. 8 B. THIS STUDY REQUIRED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION 9 SHALL RESULT IN A REPORT, WHICH DETAILS ALL SAID COSTS AND SHALL BE 10 FILED WITH THE GOVERNOR, THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE 11 SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE 12 CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE 13 FINANCE COMMITTEE AND THE CHAIRS OF THE ASSEMBLY AND SENATE EDUCATION 14 COMMITTEES. SUCH REPORT SHALL ALSO BE POSTED ON THE WEBSITE OF THE 15 DEPARTMENT BY DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN AND SHALL BE 16 DEEMED A PUBLIC DOCUMENT. 17 C. THE COMMISSIONER'S STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE 18 FOLLOWING INFORMATION: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10237-04-4 A. 6594--A 2 1 (1) THE TOTAL NUMBER OF STUDENT ASSESSMENTS ADMINISTERED IN EACH 2 SCHOOL DISTRICT IN THE STATE. THIS SHALL INCLUDE A COUNT OF STATE 3 REQUIRED ASSESSMENTS AND ASSESSMENTS WHICH ARE LOCALLY OR COMMERCIALLY 4 DEVELOPED ASSESSMENTS WHICH ARE ADMINISTERED BY PUBLIC SCHOOL DISTRICTS 5 AND THE TOTAL NUMBER OF ASSESSMENTS EACH STUDENT COHORT WAS ADMINISTERED 6 ON AVERAGE FROM KINDERGARTEN THROUGH GRADE TWELVE DURING THE TWO THOU- 7 SAND THIRTEEN -- TWO THOUSAND FOURTEEN SCHOOL YEAR; 8 (2) THE TOTAL COST OF STUDENT ASSESSMENTS ADMINISTERED IN EACH SCHOOL 9 DISTRICT IN THE STATE. THE TOTAL COST SHALL BE DISAGGREGATED TO DETER- 10 MINE THE AMOUNT OF PUBLIC FUNDS WHICH WERE EXPENDED ON NON-SCHOOL 11 DISTRICT EMPLOYEES, VENDORS, AND OTHER ENTITIES WITH WHICH THE STATE AND 12 SCHOOL DISTRICTS CONTRACT FOR STUDENT ASSESSMENT PURPOSES INCLUDING 13 PURCHASE AND LICENSING COSTS, TEST DEVELOPMENT, TEST BOOKLETS, SCORING 14 SHEETS AND SCORING COSTS; 15 (3) LOGISTICAL, PREPARATION AND ADMINISTRATION COSTS INCLUDING, BUT 16 NOT LIMITED TO, DISTRIBUTING AND COLLECTING ASSESSMENT MATERIALS, 17 ASSESSMENT DIRECTIONS, AND STORING MATERIALS; 18 (4) COST OF TEST PREPARATION MATERIALS; 19 (5) COST OF DATA COACHES; 20 (6) COST OF DATA ANALYSIS OR DASHBOARD SYSTEMS, INFORMATION TECHNOLOGY 21 MAINTENANCE, PURCHASE, OR UPGRADE; 22 (7) COST OF PROFESSIONAL DEVELOPMENT FOCUSED PRIMARILY ON STUDENT 23 ASSESSMENT DATA; 24 (8) COST OF TRAINING FOR TEST ADMINISTRATORS AND PROCTORS; 25 (9) PER-PUPIL COSTS OF ANY ADDITIONAL ASSESSMENTS ADMINISTERED TO 26 STUDENT SUBGROUPS INCLUDING ENGLISH LANGUAGE LEARNERS, STUDENTS RECEIV- 27 ING INTERVENTION OR REMEDIATION SERVICES, STUDENTS WITH DISABILITIES, 28 AND ECONOMICALLY DISADVANTAGED STUDENTS; AND 29 (10) ANY OTHER COSTS RELATED TO STUDENT ASSESSMENTS. 30 D. IN ADDITION, THE STUDY SHALL DETERMINE THE TOTAL AMOUNT OF TIME 31 SPENT BY SCHOOL ADMINISTRATORS, TEACHERS, AND STUDENTS ON STUDENT 32 ASSESSMENTS AND ASSOCIATED ACTIVITIES DURING THE TWO THOUSAND THIRTEEN- 33 -TWO THOUSAND FOURTEEN SCHOOL YEAR. THIS SHALL INCLUDE TIME SPENT BY 34 STUDENTS TAKING ALL STATE AND DISTRICT ASSESSMENTS; TIME SPENT BY SCHOOL 35 ADMINISTRATORS AND TEACHERS FOR ADMINISTRATIVE TASKS SUCH AS DISTRIBUT- 36 ING AND COLLECTING ANSWERING SHEETS AND GIVING DIRECTIONS, AND THE TOTAL 37 AMOUNT OF TIME SPENT PREPARING STUDENTS TO TAKE THE ASSESSMENTS. TIME 38 RELATED DATA COLLECTED PURSUANT TO THIS PARAGRAPH SHALL BE DISAGGREGATED 39 BY THE FOLLOWING STUDENT GROUPS: ENGLISH LANGUAGE LEARNERS, STUDENTS 40 RECEIVING INTERVENTION OR REMEDIATION SERVICES, STUDENTS WITH DISABILI- 41 TIES, GENERAL EDUCATION STUDENTS, AND ECONOMICALLY DISADVANTAGED 42 STUDENTS. 43 E. THE COMMISSIONER SHALL SUBMIT THE METHODOLOGY USED TO CALCULATE THE 44 COSTS ASSOCIATED WITH STUDENT ASSESSMENTS TO THE COMPTROLLER BEFORE THE 45 COMMISSIONER CONDUCTS THE STUDY PURSUANT TO THIS SUBDIVISION. THE COMP- 46 TROLLER SHALL MAKE A WRITTEN ANALYSIS OF THE METHODOLOGY USED BY THE 47 COMMISSIONER TO DETERMINE THE COSTS ASSOCIATED WITH STUDENT ASSESSMENTS. 48 THE COMPTROLLER'S ANALYSIS SHALL INCLUDE A DETERMINATION ABOUT THE QUAL- 49 ITY OF THE METHODOLOGY USED BY THE COMMISSIONER AND THE EXTENT TO WHICH 50 THE METHODOLOGY WILL RESULT IN AN ANALYSIS THAT PROPERLY ACCOUNTS FOR 51 THE ACTUAL COSTS INCURRED BY SCHOOL DISTRICTS ON STUDENT ASSESSMENTS AND 52 RELATED ACTIVITIES. 53 S 2. Section 305 of the education law is amended by adding a new 54 subdivision 45 to read as follows: 55 45. A. THE COMMISSIONER SHALL UNDERTAKE A STATE-WIDE SURVEY OF SCHOOL 56 ADMINISTRATORS AND TEACHERS ABOUT THE TIME THEY SPEND ON TEST PREPARA- A. 6594--A 3 1 TION FOR EACH STUDENT ASSESSMENT AND THE IMPACT OF TEST PREPARATION ON 2 THE QUALITY OF INSTRUCTION. THE SURVEY SHALL PROVIDE SCHOOL ADMINISTRA- 3 TORS AND TEACHER RESPONDENTS ANONYMITY. THE SURVEY SHALL INCLUDE: THE 4 IMPACT THAT STUDENT ASSESSMENTS HAVE ON CURRICULUM; THE AMOUNT OF TIME A 5 TEACHER SPENDS ON TEST-TAKING STRATEGIES, SIMULATING THE TESTING ENVI- 6 RONMENT, AND ALIGNING CURRICULUM CONTENT TO ASSESSMENTS; THE EXTENT TO 7 WHICH ASSESSMENTS AFFECT INSTRUCTION TIME FOR DIFFERENT STUDENT 8 SUBGROUPS; AND ANY OTHER RELEVANT QUESTIONS ABOUT THE IMPACT OF STUDENT 9 ASSESSMENTS ON THE SCHOOL LEARNING ENVIRONMENT. IN ADDITION THE SURVEY 10 SHALL SOLICIT RECOMMENDATIONS FROM SCHOOL ADMINISTRATORS AND TEACHERS 11 REGARDING MAKING STUDENT ASSESSMENTS COST EFFECTIVE, TIME EFFICIENT, 12 SUPPORTIVE OF TEACHING AND LEARNING, ALIGNED WITH THE CURRICULUM AND 13 FOCUSED ON STUDENT AND TEACHER GROWTH. 14 B. THIS SURVEY SHALL RESULT IN A REPORT WHICH DETAILS THE RESULTS AND 15 CONCLUSIONS FROM THE SURVEY AND SHALL BE FILED WITH THE GOVERNOR, THE 16 DIRECTOR OF THE DIVISION OF THE BUDGET, THE SPEAKER OF THE ASSEMBLY, THE 17 TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE ASSEMBLY WAYS AND 18 MEANS COMMITTEE, THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE 19 CHAIRS OF THE ASSEMBLY AND SENATE EDUCATION COMMITTEES BY DECEMBER THIR- 20 TY-FIRST, TWO THOUSAND FOURTEEN. SUCH REPORT SHALL ALSO BE POSTED ON THE 21 WEBSITE OF THE DEPARTMENT AND SHALL BE DEEMED A PUBLIC DOCUMENT. THE 22 REPORT SHALL NOT INCLUDE ANY INFORMATION WHICH SPECIFICALLY IDENTIFIES 23 ANY INDIVIDUAL SCHOOL ADMINISTRATOR, TEACHER OR PUPIL. 24 S 3. This act shall take effect immediately.