Bill Text: NY S03023 | 2013-2014 | General Assembly | Introduced


Bill Title: Provides that certain information concerning standardized test scores shall be provided to all test subjects who do not sign a waiver.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HIGHER EDUCATION [S03023 Detail]

Download: New_York-2013-S03023-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3023
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 28, 2013
                                      ___________
       Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Higher Education
       AN ACT to amend the education law, in  relation  to  the  disclosure  of
         standardized test scores
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 342 of the education law, as added
    2  by chapter 813 of the laws of 1980, the closing paragraph as amended  by
    3  chapter 565 of the laws of 1986, is amended and a new subdivision 2-a is
    4  added to read as follows:
    5    2.  Within  ninety  days  after filing a standardized test pursuant to
    6  subdivision one of this section and for a period of not less than ninety
    7  days after the offer is made, the test agency shall provide [to the test
    8  subject the opportunity to secure] ALL TEST SUBJECTS WHO DO NOT  SIGN  A
    9  WAIVER WITH:
   10    a.  a  copy of the test questions used to calculate the test subject's
   11  raw score;
   12    b. a copy of the test subject's answer sheet, or answer  record  where
   13  there  is  no  answer  sheet, together with a copy of the correct answer
   14  sheet to the same  test  with  questions  used  to  calculate  the  test
   15  subject's raw score so marked; and
   16    c.  a statement of the raw score used to calculate the scores reported
   17  to the test subject.
   18    [The agency may charge a nominal fee for providing  such  information,
   19  not  to  exceed  the  direct  cost  thereof.  Notwithstanding  any other
   20  provision in this section, a test agency shall permit a test subject  to
   21  elect  in  writing  this  opportunity  both at the time the test subject
   22  registers to take a test and at the time the test  agency  reports  test
   23  scores  to  the  test subject; provided, however, that the provisions of
   24  this paragraph shall not apply where either the materials  described  in
   25  paragraph  (a)  or  (b) of this subdivision are provided during the test
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08227-01-3
       S. 3023                             2
    1  administration. The form permitting such  election  shall  describe  the
    2  opportunity  offered  pursuant  to  this  subdivision in clear and plain
    3  English and shall be part of and included in the test registration  form
    4  and  in  a form provided to the test subject at the time test scores are
    5  reported to the test subject.]
    6    THE COST OF PROVIDING SUCH INFORMATION SHALL BE INCLUDED IN THE REGIS-
    7  TRATION FEE, NOT TO EXCEED THE STANDARD COST OF PROVIDING SUCH  INFORMA-
    8  TION. A TEST AGENCY SHALL PROVIDE ALL TEST SUBJECTS WITH THE OPPORTUNITY
    9  TO  SIGN  A WAIVER ELECTING NOT TO RECEIVE SUCH INFORMATION, BOTH AT THE
   10  TIME THE TEST SUBJECT REGISTERS TO TAKE A TEST AND AT THE TIME THE  TEST
   11  AGENCY  REPORTS  THE  SCORES  TO THE TEST SUBJECT; UNLESS SUCH WAIVER IS
   12  PROVIDED DURING THE TEST ADMINISTRATION. WAIVERS SHALL BE FINAL AND TEST
   13  INFORMATION MAY ONLY BE MADE AVAILABLE TO A TEST SUBJECT WHO HAS  WAIVED
   14  THEIR  RIGHT  TO SUCH INFORMATION WHERE EXTENUATING CIRCUMSTANCES EXIST.
   15  TEST SUBJECTS SHALL RECEIVE SUCH INFORMATION WITHIN A TIME NOT TO EXCEED
   16  NINETY DAYS FROM SUCH TEST SUBJECT'S RECEIPT OF HIS OR HER SCORE.
   17    2-A. TEST SUBJECTS WHO TAKE A TEST VIA A COMPUTER AND DO  NOT  SIGN  A
   18  WAIVER,  SHALL  PROVIDE  THE TEST AGENCY WITH AN E-MAIL ADDRESS TO WHICH
   19  THE INFORMATION SET FORTH IN SUBDIVISION TWO OF THIS  SECTION  SHALL  BE
   20  DELIVERED. TEST SUBJECTS WHO TAKE A WRITTEN TEST AND DO NOT SIGN A WAIV-
   21  ER  SHALL  RECEIVE  THE INFORMATION SET FORTH IN SUBDIVISION TWO OF THIS
   22  SECTION THROUGH THE MAIL.
   23    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   24  have become a law.
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