Bill Text: NY A11022 | 2017-2018 | General Assembly | Amended


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-18 - substituted by s8639c [A11022 Detail]

Download: New_York-2017-A11022-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                        11022--A
                   IN ASSEMBLY
                                      May 31, 2018
                                       ___________
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Magnarelli)
          -- read once and referred to the Committee on  Education  --  reported
          and  referred  to the Committee on Codes -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        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:
     1    Section  1.  Subdivision  5-b  of section 342 of the education law, as
     2  added by chapter 295 of the laws of 1999, is amended to read as follows:
     3    5-b. Subdivisions one, two, three, four, five, five-a and six of  this
     4  section  shall not apply to [the] SAT [II:] Subject Tests.  With respect
     5  to such tests, the test agency shall maintain on file with  the  commis-
     6  sioner  a  complete  sample  test, reflecting tests currently in use, of
     7  each type of SAT [II:] Subject Test to be administered in New  York  and
     8  provide to the test subject the opportunity to secure a copy of a repre-
     9  sentative complete sample test of a Subject Test. Whenever a new Subject
    10  Test is added the test agency shall file and publish updated information
    11  consisting  of descriptions and sample items prior to the administration
    12  of any such test in New York. Whenever a substantial change is  made  in
    13  any  subject, the test agency shall file and publish updated information
    14  consisting of complete sample tests prior to the administration  of  any
    15  such test in New York.
    16    §  2.  Paragraph  b  of subdivision 10 of section 342 of the education
    17  law, as added by chapter 714 of the laws of 1996 and the  opening  para-
    18  graph  as amended by chapter 295 of the laws of 1999, is amended to read
    19  as follows:
    20    b. Subdivisions one, two, three, four and six of  this  section  shall
    21  not  apply  to  the  SAT [I: Reasoning] Test during the nineteen hundred
    22  ninety-six--ninety-seven test year or [any subsequent] to the two  thou-
    23  sand  eighteen--two  thousand  nineteen test year so long as the College
    24  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.
                                                                   LBD15500-06-8

        A. 11022--A                         2
     1    (i) four test forms used to administer the SAT [I: Reasoning] Test  in
     2  New York, or
     3    (ii)  if  fewer  than  four  regular  SAT [I: Reasoning] Test adminis-
     4  trations are offered in New York during a test year, the same number  of
     5  SAT [I:  Reasoning] Test forms as regular SAT [I: Reasoning] Test admin-
     6  istrations in New York in that test year.
     7    §  3. Subdivision 10 of section 342 of the education law is amended by
     8  adding a new paragraph b-1 to read as follows:
     9    b-1. Subdivisions one, two, three, four and six of this section  shall
    10  not apply to the SAT Test during the two thousand nineteen--two thousand
    11  twenty  test  year  or  any subsequent test year, so long as the college
    12  entrance examination board discloses in each such testing year:
    13    (i) if seven or more regular SAT Test administrations are  offered  in
    14  New  York during a test year, four SAT Test forms used to administer the
    15  SAT Test in New York;
    16    (ii) if four, five or six regular SAT Test administrations are offered
    17  in New York during a test year, three SAT Test forms used to  administer
    18  the SAT Test in New York; or
    19    (iii)  if  three or fewer regular SAT Test administrations are offered
    20  in New York during a test year, the same number of SAT Test  forms  used
    21  to administer the SAT Test in New York.
    22    §  4. Subdivision 10 of section 342 of the education law is amended by
    23  adding a new paragraph b-2 to read as follows:
    24    b-2. Subdivisions one, two, three, four and six of this section  shall
    25  not  apply  to the ACT college entrance examination during the two thou-
    26  sand nineteen--two thousand twenty test  year  or  any  subsequent  test
    27  year, so long as the ACT college entrance examination board discloses in
    28  each such testing year:
    29    (i)  if  seven  or more regular ACT college entrance examinations test
    30  administrations are offered in New York during a  test  year,  four  ACT
    31  college  entrance  examinations  test  forms  used to administer the ACT
    32  college entrance examination test in New York;
    33    (ii) if four, five or six regular ACT  college  entrance  examinations
    34  test  administrations  are offered in New York during a test year, three
    35  ACT college entrance examinations test forms used to administer the  ACT
    36  college entrance examination test in New York; or
    37    (iii) if three or fewer regular ACT college entrance examinations test
    38  administrations  are  offered  in  New York during a test year, the same
    39  number of ACT college entrance examination test  forms  as  regular  ACT
    40  college  entrance  examination  test administrations in New York in that
    41  test year.
    42    § 5. Section 347 of the education law, as added by chapter 672 of  the
    43  laws  of  1979  and as renumbered by chapter 813 of the laws of 1980, is
    44  amended to read as follows:
    45    § 347. Violations.  Any test agency which violates any section of this
    46  article shall be liable for a civil  penalty  of  not  more  than  [five
    47  hundred] one thousand dollars for each violation.
    48    § 6. This act shall take effect immediately.
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