STATE OF NEW YORK
________________________________________________________________________
8639
IN SENATE
May 10, 2018
___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
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 test year so long
23 as the College Entrance Examination Board discloses in each such testing
24 year:
25 (i) four test forms used to administer the SAT [I: Reasoning] Test in
26 New York, or
27 (ii) if fewer than four regular SAT [I: Reasoning] Test adminis-
28 trations are offered in New York during a test year, the same number of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15500-01-8
S. 8639 2
1 SAT [I: Reasoning] Test forms as regular SAT [I: Reasoning] Test admin-
2 istrations in New York in that test year.
3 § 3. Subdivision 10 of section 342 of the education law is amended by
4 adding a new paragraph b-1 to read as follows:
5 b-1. Subdivisions one, two, three, four and six of this section shall
6 not apply to the ACT college entrance examination during the two thou-
7 sand nineteen test year or any subsequent test year, so long as the ACT
8 college entrance examination board discloses in each such testing year:
9 (i) four test forms used to administer the ACT college entrance exam-
10 ination in New York, or
11 (ii) if fewer than four regular ACT college entrance examinations test
12 administrations are offered in New York during a test year, the same
13 number of ACT college entrance examination Test forms as regular ACT
14 college entrance examination test administrations in New York in that
15 test year.
16 § 4. Section 347 of the education law, as added by chapter 672 of the
17 laws of 1979 and as renumbered by chapter 813 of the laws of 1980, is
18 amended to read as follows:
19 § 347. Violations. Any test agency which violates any section of this
20 article shall be liable for a civil penalty of not more than [five
21 hundred] two thousand dollars for each violation.
22 § 5. This act shall take effect immediately.