S T A T E O F N E W Y O R K
________________________________________________________________________
333
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Education
AN ACT creating the commission on state educational assessments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that the
educational assessment process in New York state is an important public
policy matter that affects school children across the state. The legis-
lature finds that the establishment of an independent commission, the
commission on state educational assessments, whose purpose is to review
and analyze state educational assessments, is in the public interest of
the state of New York.
The legislature further finds that the New York state board of regents
initiated higher learning standards for public school children. As part
of this effort, new assessments were developed to accurately measure the
new learning standards. The legislature further finds that these New
York state initiatives were followed by the enactment of the federal No
Child Left Behind Act, which greatly expanded every state's testing
obligations.
The legislature further finds that there are many issues related to
educational assessments that are of interest to educational stakehold-
ers, the general public, and state policy makers. These include the
connection between the learning standards and the assessments, the
nature and validity of the state tests, the adequacy of the technical
evidence that supports the reliability and validity of the test, the
accuracy and consistency of test scoring, the training of those who
score assessments and the determination of performance levels.
S 2. Commission established. (a) There is hereby created in the execu-
tive department a commission to be known as the commission on state
educational assessments, hereafter referred to as the commission, which
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02310-01-1
A. 333 2
shall be charged with examining the state educational assessment system
for students enrolled in primary and secondary schools in New York
state. The commission shall consist of 11 members. The 11 members shall
serve three year terms and shall be appointed as follows: (i) three
members shall be appointed by the temporary president of the senate;
(ii) three members shall be appointed by the speaker of the assembly;
(iii) one member shall be appointed by the minority leader of the
senate; (iv) one member shall be appointed by the minority leader of the
assembly; and (v) three members shall be appointed by the governor. The
governor shall designate the chair from among the members of the commis-
sion. One member each appointed by the governor, the temporary president
of the senate, and the speaker of the assembly shall be an expert in the
field of educational assessments.
(b) The members of the commission shall receive no compensation for
their services as members, but shall be allowed their actual and neces-
sary expenses incurred in the performance of their duties. Members of
the commission shall be considered public officers for purposes of
section 17 of the public officers law.
(c) The commission shall begin to act 60 days after this act shall
have become a law. A quorum shall consist of a majority of the members
of the commission entitled to vote on the matter under consideration.
Approval of any matter shall require the affirmative vote of a majority
of the members voting thereon.
(d) The commission shall adopt by-laws for the management and regu-
lation of its affairs.
S 3. Commission staff and agency liaison. The commissioner of educa-
tion shall designate such employees of the department of education as
are reasonably necessary to provide support services to the commission.
The commission, acting by the chair of the commission, shall employ an
executive director and may employ additional staff and consultants, who
shall be paid from amounts available to the commission for such purpose.
The executive director shall oversee the operations of all other staff
and consultants employed by the commission and shall establish proce-
dures to ensure that all analysis and reviews conducted by the commis-
sion are accurate and advance the public policy of New York state. The
commissioner of education shall appoint one or more representatives of
the department of education to serve as liaison between the department
and the commission. All state agencies, public authorities and public
benefit corporations shall provide such assistance as may be reasonably
requested by the chair of the commission.
S 4. Powers and duties. The commission shall undertake the following
activities to carry out its mission:
(i) perform annual and periodic reviews of New York state assessments
to determine the adequacy of the psychometric qualities of the test and
the appropriateness of the scoring methods;
(ii) undertake reviews of state educational assessments. Each review
would be conducted by one or more testing experts with technical creden-
tials in the specific area of review. These reviews may be performed by
the commission or by independent assessment evaluators contracted with
by the commission to perform such reviews;
(iii) produce research on assessment issues of concern in the state;
(iv) describe and analyze effective strategies schools have used to
improve performance on state tests;
(v) solicit input from the advisory council and other interested and
affected parties about the state assessment system and other related
matters; and
A. 333 3
(vi) periodically report and make recommendations regarding the state
assessment system and related subjects, as well as file an annual report
before December first of each year with the governor, the legislature,
and the chancellor of the board of regents regarding the activities of
the commission.
S 5. Deliberations of commission. The deliberations, meetings and
other proceedings of the commission shall be governed by article 7 of
the public officers law. Any one or more members of the commission may
participate in a meeting of such commission by means of a conference
telephone, conference video or similar communications equipment allowing
all persons participating in the meeting to hear each other at the same
time. Participation by such means shall constitute presence in person at
a meeting. At any meetings of the commission conducted by means of a
conference telephone, conference video or similar communications equip-
ment, the public shall be given the opportunity to listen. If a meeting
is to be conducted by means of a conference telephone, conference video
or similar communications equipment, the public notice for the meeting
shall inform the public that such equipment will be used, and identify
the means by which the public may listen to such meeting.
S 6. Advisory council. An advisory council shall be established to
provide input and advice to the commission regarding the New York state
assessment system. The advisory council shall be composed of five
members as follows: (i) one member who shall be representative of teach-
ers in New York state; (ii) one member who shall be representative of
school boards in New York state; (iii) one member who shall be represen-
tative of school superintendents in New York state; (iv) one member who
shall be representative of school parents in New York state; and (v) one
member who shall be representative of the business community in New York
state. All members to the advisory council shall be appointed by the
commission for a term of three years.
S 7. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 8. This act shall take effect immediately.