Bill Text: NY S08639 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-11-05 - SIGNED CHAP.351 [S08639 Detail]

Download: New_York-2017-S08639-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8639--A
                    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  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15500-02-8
        S. 8639--A                          2
     1    (ii) if fewer than four  regular  SAT  [I:  Reasoning]  Test  adminis-
     2  trations  are offered in New York during a test year, the same number of
     3  SAT [I:  Reasoning] Test forms as regular SAT [I: Reasoning] Test admin-
     4  istrations in New York in that test year.
     5    §  3. Subdivision 10 of section 342 of the education law is amended by
     6  adding a new paragraph b-1 to read as follows:
     7    b-1. Subdivisions one, two, three, four and six of this section  shall
     8  not  apply  to the ACT college entrance examination during the two thou-
     9  sand nineteen test year or any subsequent test year, so long as the  ACT
    10  college entrance examination board discloses in each such testing year:
    11    (i)  if  seven  or more regular ACT college entrance examinations test
    12  administrations are offered in New York during a  test  year,  four  ACT
    13  college  entrance  examinations  test  forms  used to administer the ACT
    14  college entrance examination test in New York;
    15    (ii) if four, five or six regular ACT  college  entrance  examinations
    16  test  administrations  are offered in New York during a test year, three
    17  ACT college entrance examinations test forms used to administer the  ACT
    18  college entrance examination test in New York; or
    19    (iii) if three or fewer regular ACT college entrance examinations test
    20  administrations  are  offered  in  New York during a test year, the same
    21  number of ACT college entrance examination test  forms  as  regular  ACT
    22  college  entrance  examination  test administrations in New York in that
    23  test year.
    24    § 4. Section 347 of the education law, as added by chapter 672 of  the
    25  laws  of  1979  and as renumbered by chapter 813 of the laws of 1980, is
    26  amended to read as follows:
    27    § 347. Violations.  Any test agency which violates any section of this
    28  article shall be liable for a civil  penalty  of  not  more  than  [five
    29  hundred] two thousand dollars for each violation.
    30    § 5. This act shall take effect immediately.