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

New York Senate Bill 8639 (Prior Session Legislation)

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

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

                STATE OF NEW YORK
        ________________________________________________________________________
                                         8639--B
                    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  --  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:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15500-03-8

        S. 8639--B                          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 ACT college entrance examination during the two thou-
    11  sand nineteen test year or any subsequent test year, so long as the  ACT
    12  college entrance examination board discloses in each such testing year:
    13    (i)  if  seven  or more regular ACT college entrance examinations test
    14  administrations are offered in New York during a  test  year,  four  ACT
    15  college  entrance  examinations  test  forms  used to administer the ACT
    16  college entrance examination test in New York;
    17    (ii) if four, five or six regular ACT  college  entrance  examinations
    18  test  administrations  are offered in New York during a test year, three
    19  ACT college entrance examinations test forms used to administer the  ACT
    20  college entrance examination test in New York; or
    21    (iii) if three or fewer regular ACT college entrance examinations test
    22  administrations  are  offered  in  New York during a test year, the same
    23  number of ACT college entrance examination test  forms  as  regular  ACT
    24  college  entrance  examination  test administrations in New York in that
    25  test year.
    26    § 4. Section 347 of the education law, as added by chapter 672 of  the
    27  laws  of  1979  and as renumbered by chapter 813 of the laws of 1980, is
    28  amended to read as follows:
    29    § 347. Violations.  Any test agency which violates any section of this
    30  article shall be liable for a civil  penalty  of  not  more  than  [five
    31  hundred] one thousand dollars for each violation.
    32    § 5. This act shall take effect immediately.