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

                                  8356

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to truth in  testing  for
  the common core

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

  Section 1. The education law is amended by adding a new article 7-B to
read as follows:
                               ARTICLE 7-B
                  TRUTH IN TESTING FOR THE COMMON CORE
SECTION 349-A. DEFINITIONS.
        349-B REPORTING.
        349-C INDEPENDENT AUDIT.
  S 349-A. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "TEST" OR "COMMON CORE STATE TEST" MEANS ANY STATE CREATED,  DEVEL-
OPED OR ADMINISTERED TEST GIVEN IN NEW YORK STATE TO STUDENTS IN ENGLISH
LANGUAGE  ARTS  AND MATHEMATICS THAT TEST STUDENTS' KNOWLEDGE AND SKILLS
RELATING TO COMMON CORE STANDARDS.
  2. "COMMON CORE" MEANS THE NEW YORK STATE P-12  COMMON  CORE  LEARNING
STANDARDS  (CCLS) FOR ENGLISH LANGUAGE ARTS AND MATHEMATICS ON WHICH NEW
YORK STATE COMMON CORE TESTS WILL BE BASED.
  3. "COMMISSIONER" MEANS THE COMMISSIONER OF EDUCATION OF THE STATE  OF
NEW YORK.
  4. "TEST SUBJECT" MEANS ANY INDIVIDUAL TO WHOM A TEST IS ADMINISTERED.
  5.  "TEST  AGENCY"  MEANS  AN  ORGANIZATION, ASSOCIATION, CORPORATION,
PARTNERSHIP OR INDIVIDUAL THAT DEVELOPS, SPONSORS OR ADMINISTERS A TEST;
PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL NOT BE INCLUDED WITHIN  THE
DEFINITION OF A TEST AGENCY FOR PURPOSES OF THIS ARTICLE.
  S  349-B. REPORTING. THE COMMISSIONER, BEGINNING JULY FIRST, TWO THOU-
SAND FOURTEEN AND ANNUALLY THEREAFTER, SHALL REPORT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND  THE
CHAIRS OF THE SENATE AND ASSEMBLY EDUCATION COMMITTEES ON:
  1.  THE  EFFECTIVENESS OF COMMON CORE STATE TESTS IN ENHANCING STUDENT
LEARNING AND PERFORMANCE;

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

A                                                          LBD13261-01-3

A. 8356                             2

  2. THE FAIRNESS AND APPROPRIATENESS  OF  TEST  ITEMS  FOR  EACH  GRADE
LEVEL,  INCLUDING  THE  PERCENTAGE OF TEST ITEMS FOUND TO BE ABOVE GRADE
LEVEL;
  3.  THE  CORRELATION  BETWEEN  TEST SCORES AND GRADE POINT AVERAGES OF
TEST SUBJECTS TAKING COMMON CORE STATE TESTS;
  4. A STATISTICAL ANALYSIS OF STUDENT PERFORMANCE BASED ON SOCIOECONOM-
IC, GENDER, RACE AND ETHNICITY, AND REGIONAL FACTORS;
  5. THE EFFECTIVENESS OF  THE  TEST  AGENCY  AS  THE  TEST  DEVELOPMENT
VENDOR; AND
  6.  FACTORS  TO  BE CONSIDERED IN DETERMINING WHETHER TO CONTINUE WITH
THE CURRENT TEST AGENCY, OR OTHER VENDOR AS A TEST AGENCY, OR WHETHER TO
UTILIZE THE PARTNERSHIP FOR ASSESSMENT  OF  READINESS  FOR  COLLEGE  AND
CAREERS (PARCC).
  S  349-C. INDEPENDENT AUDIT. NOT LATER THAN SEPTEMBER FIRST, TWO THOU-
SAND FOURTEEN, THE COMMISSIONER SHALL UNDERTAKE  A  COMPREHENSIVE  INDE-
PENDENT  AUDIT  PERFORMED  BY  AN INDEPENDENT CONTRACTOR, NOT AFFILIATED
WITH A TEST AGENCY. SUCH CONTRACTOR SHALL HAVE A BACKGROUND  AND  EXPER-
TISE  IN  EDUCATIONAL  TESTING.  THE AUDIT SHALL REVIEW AND EVALUATE THE
COMMON CORE TESTING PROGRAM IN THE STATE. THE SCOPE OF THE  AUDIT  SHALL
INCLUDE BUT NOT BE LIMITED TO TEST PREPARATION; WHETHER TESTS WERE FAIR,
UNBIASED,  PROPERLY  PRE-TESTED  AND  GRADE  APPROPRIATE,  INCLUDING THE
PERCENTAGE OF TEST ITEMS FOUND TO BE ABOVE GRADE LEVEL; AND WHETHER  THE
TEST  WERE  PROPERLY  ADMINISTERED  AND  SCORED.  SUCH  AUDIT  SHALL  BE
COMPLETED BY DECEMBER FIFTEENTH, TWO THOUSAND FOURTEEN, AND A COPY SHALL
BE TRANSMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE,
THE  SPEAKER  OF THE ASSEMBLY, AND THE CHAIRS OF THE SENATE AND ASSEMBLY
EDUCATION COMMITTEES.
  S 2. This act shall take effect immediately; provided,  however,  that
effective  immediately the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act shall be made
within 180 days of such effective date.