NY State Senate Bill 2009-S4296

Senate Bill S4296

2009-2010 Legislative Session

Provides that students who have an IEP shall not be required to take more than one regents examination in any given day

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Apr 21, 2009	referred to education

2009-S4296 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §319, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2503
2013-2014: S488
2015-2016: S1501
2017-2018: S1828
2019-2020: S573
2021-2022: S3952

2009-S4296 (ACTIVE) - Summary

Provides that students who have an IEP shall not be required to take more than one regents examination in any given day; allows the student and his or her parents or guardian to waive the prohibition.

2009-S4296 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4296

 TITLE OF BILL :
An act to amend the education law, in relation to the administration
of exams to students with disabilities


 PURPOSE :
To prohibit the administration of more than one Regents examination on
any given day to students with disabilities who have provisions for
extended testing time pursuant to an Individual education Plan or
pursuant to Section 504 of the Rehabilitation Act of 1973.

 SUMMARY OF PROVISIONS :
The education law is amended by adding a new section 319 as described
in the bill.

 JUSTIFICATION :
Public school districts in New York State are responsible for
identifying and evaluating students who require academic assistance,
program modifications or other support services due to a disabling
condition.  Extended testing time is one of the options available to
those students who are identified as disabled, but who are not
exempted from mandated standardized academic testing. Such students
can qualify for up to double the testing time provided to non-disabled
students.

Extended testing time provisions are a successful method of enabling
many students to participate in these tests. However, this can become
problematic when a student with extended time provisions is scheduled
for more than one Regent's Examination on one day. For example, the
time allotted for a typical Regent's Examination is 3 hours. A
disabled student who is allowed double testing time (6 hours) and is
scheduled for two exams on the same day will face 12 consecutive hours
of testing.

The existing regulatory remedy requires school districts to apply to
the State Education Department for multiple day testing on behalf of
the student on a case-by-case basis. In order to do so multiple day
testing must be included on the student's IEP, which is typically
written prior to the release of the Regent's Examination schedule by
the State Education Department and prior to the district's knowledge
of a conflict. According to the State Education Department, 80 such
applications were received and approved during the 2003-04 school
year. There are 701 school districts in New York State, and thousands
of students who have these provisions on their IEPs or 504 plans.
These numbers are a clear indicator that the current remedy is
lacking.

 LEGISLATIVE HISTORY :
2005-2006: S.5746/A.6358
2007-2008: S.4443/A.594

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided, however, that effective
immediately, the amendment, addition and/or repeal of any rule or
regulation necessary for the timely implementation of this act on its
effective date is hereby authorized and directed to be made on or
before such effective date.

2009-S4296 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4296

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- 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 the administration  of
  exams to students with disabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and intent. The legislature finds that
certain students with disabilities are  allowed  extended  testing  time
according  to their individual education program, or perhaps even accom-
modations provided pursuant to regulations promulgated under section 504
of the Rehabilitation Act of 1973. The legislature  further  finds  that
these  students,  as a result of this extended time allowance, are being
subjected to ten or eleven straight  hours  of  testing  when  they  are
required to take two regents exams in the same date.
  The  legislature  acknowledges  the department of education's need for
security concerning the substance  of  the  examination.  As  such,  the
legislature  understands  the department's continuing hesitance to allow
these students with disabilities to take the exams on  days  other  than
which they had been officially scheduled.
  However, the benefits of providing these children with respite between
each exam far outweighs the potential of one of these students garnering
information about the exam from another student who had previously taken
the  exam.  Therefore,  it is the intent of this legislature to have the
commissioner of education implement  a  process  whereby  students  with
certain  disabilities  are  not  required  to take more than one regents
examination in any given day.
  S 2. The education law is amended by adding a new section 319 to  read
as follows:
  S  319. EXAMINATION OF STUDENTS WITH DISABILITIES. 1. THE COMMISSIONER
SHALL ENSURE THAT ANY CHILD WHO HAS EXTENDED TESTING TIME PROVISIONS  ON
HIS  OR HER INDIVIDUAL EDUCATION PROGRAM, OR WHO RECEIVES EXTENDED TEST-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10290-02-9

S. 4296                             2

ING TIME ACCOMMODATIONS PURSUANT TO SECTION 504  OF  THE  REHABILITATION
ACT  OF  1973, SHALL ONLY BE REQUIRED TO TAKE ONE REGENTS EXAMINATION ON
ANY GIVEN DAY.
  2.  THE STUDENT WHO HAS EXTENDED TESTING TIME PROVISIONS ON HIS OR HER
INDIVIDUAL EDUCATION PROGRAM, OR  WHO  RECEIVES  EXTENDED  TESTING  TIME
ACCOMMODATIONS  PURSUANT  TO  SECTION  504  OF THE REHABILITATION ACT OF
1973, OR HIS OR HER MOTHER, FATHER, OR  OTHER  LEGAL  GUARDIAN  MAY,  IN
THEIR  OWN  DISCRETION,  WAIVE THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment, and/or repeal of  any  rule  or  regulation
necessary  for  the  timely  implementation of this act on its effective
date is hereby authorized and directed to be  made  on  or  before  such
effective date.

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