Bill Text: NY S06009 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to truth in testing for the common core.

Spectrum: Moderate Partisan Bill (Republican 10-3)

Status: (Introduced - Dead) 2014-06-20 - RECOMMITTED TO RULES [S06009 Detail]

Download: New_York-2013-S06009-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6009
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   December 11, 2013
                                      ___________
       Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the education law, in relation to truth in  testing  for
         the common core
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new article 7-B to
    2  read as follows:
    3                                 ARTICLE 7-B
    4                    TRUTH IN TESTING FOR THE COMMON CORE
    5  SECTION 349-A. DEFINITIONS.
    6          349-B REPORTING.
    7          349-C INDEPENDENT AUDIT.
    8    S 349-A. DEFINITIONS. AS USED IN THIS ARTICLE:
    9    1. "TEST" OR "COMMON CORE STATE TEST" MEANS ANY STATE CREATED,  DEVEL-
   10  OPED OR ADMINISTERED TEST GIVEN IN NEW YORK STATE TO STUDENTS IN ENGLISH
   11  LANGUAGE  ARTS  AND MATHEMATICS THAT TEST STUDENTS' KNOWLEDGE AND SKILLS
   12  RELATING TO COMMON CORE STANDARDS.
   13    2. "COMMON CORE" MEANS THE NEW YORK STATE P-12  COMMON  CORE  LEARNING
   14  STANDARDS  (CCLS) FOR ENGLISH LANGUAGE ARTS AND MATHEMATICS ON WHICH NEW
   15  YORK STATE COMMON CORE TESTS WILL BE BASED.
   16    3. "COMMISSIONER" MEANS THE COMMISSIONER OF EDUCATION OF THE STATE  OF
   17  NEW YORK.
   18    4. "TEST SUBJECT" MEANS ANY INDIVIDUAL TO WHOM A TEST IS ADMINISTERED.
   19    5.  "TEST  AGENCY"  MEANS  AN  ORGANIZATION, ASSOCIATION, CORPORATION,
   20  PARTNERSHIP OR INDIVIDUAL THAT DEVELOPS, SPONSORS OR ADMINISTERS A TEST;
   21  PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL NOT BE INCLUDED WITHIN  THE
   22  DEFINITION OF A TEST AGENCY FOR PURPOSES OF THIS ARTICLE.
   23    S  349-B. REPORTING. THE COMMISSIONER, BEGINNING JULY FIRST, TWO THOU-
   24  SAND FOURTEEN AND ANNUALLY THEREAFTER, SHALL REPORT TO THE GOVERNOR, THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13261-01-3
       S. 6009                             2
    1  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND  THE
    2  CHAIRS OF THE SENATE AND ASSEMBLY EDUCATION COMMITTEES ON:
    3    1.  THE  EFFECTIVENESS OF COMMON CORE STATE TESTS IN ENHANCING STUDENT
    4  LEARNING AND PERFORMANCE;
    5    2. THE FAIRNESS AND APPROPRIATENESS  OF  TEST  ITEMS  FOR  EACH  GRADE
    6  LEVEL,  INCLUDING  THE  PERCENTAGE OF TEST ITEMS FOUND TO BE ABOVE GRADE
    7  LEVEL;
    8    3. THE CORRELATION BETWEEN TEST SCORES AND  GRADE  POINT  AVERAGES  OF
    9  TEST SUBJECTS TAKING COMMON CORE STATE TESTS;
   10    4. A STATISTICAL ANALYSIS OF STUDENT PERFORMANCE BASED ON SOCIOECONOM-
   11  IC, GENDER, RACE AND ETHNICITY, AND REGIONAL FACTORS;
   12    5.  THE  EFFECTIVENESS  OF  THE  TEST  AGENCY  AS THE TEST DEVELOPMENT
   13  VENDOR; AND
   14    6. FACTORS TO BE CONSIDERED IN DETERMINING WHETHER  TO  CONTINUE  WITH
   15  THE CURRENT TEST AGENCY, OR OTHER VENDOR AS A TEST AGENCY, OR WHETHER TO
   16  UTILIZE  THE  PARTNERSHIP  FOR  ASSESSMENT  OF READINESS FOR COLLEGE AND
   17  CAREERS (PARCC).
   18    S 349-C. INDEPENDENT AUDIT. NOT LATER THAN SEPTEMBER FIRST, TWO  THOU-
   19  SAND  FOURTEEN,  THE  COMMISSIONER SHALL UNDERTAKE A COMPREHENSIVE INDE-
   20  PENDENT AUDIT PERFORMED BY AN  INDEPENDENT  CONTRACTOR,  NOT  AFFILIATED
   21  WITH  A  TEST AGENCY. SUCH CONTRACTOR SHALL HAVE A BACKGROUND AND EXPER-
   22  TISE IN EDUCATIONAL TESTING. THE AUDIT SHALL  REVIEW  AND  EVALUATE  THE
   23  COMMON  CORE  TESTING PROGRAM IN THE STATE. THE SCOPE OF THE AUDIT SHALL
   24  INCLUDE BUT NOT BE LIMITED TO TEST PREPARATION; WHETHER TESTS WERE FAIR,
   25  UNBIASED, PROPERLY  PRE-TESTED  AND  GRADE  APPROPRIATE,  INCLUDING  THE
   26  PERCENTAGE  OF TEST ITEMS FOUND TO BE ABOVE GRADE LEVEL; AND WHETHER THE
   27  TEST  WERE  PROPERLY  ADMINISTERED  AND  SCORED.  SUCH  AUDIT  SHALL  BE
   28  COMPLETED BY DECEMBER FIFTEENTH, TWO THOUSAND FOURTEEN, AND A COPY SHALL
   29  BE  TRANSMITTED  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
   30  THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF THE SENATE  AND  ASSEMBLY
   31  EDUCATION COMMITTEES.
   32    S  2.  This act shall take effect immediately; provided, however, that
   33  effective immediately the addition, amendment and/or repeal of any  rule
   34  or regulation necessary for the implementation of this act shall be made
   35  within 180 days of such effective date.