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

                                  10480

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

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 computer-based assess-
  ment technology apportionment

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

  Section  1.  Legislative  intent.  The  legislature hereby finds it an
essential goal to ensure that all New York students receive a high-qual-
ity education. The legislature  supports  the  goals  of  the  board  of
regents  in  developing a rich educational system that provides multiple
pathways to graduation, so that all  students  are  college  and  career
ready.  The  legislature  also recognizes that ensuring our students are
fully prepared to compete in the global marketplace requires  a  signif-
icant investment of time and resources. As such, it is vitally important
to  invest  wisely in the development and administration of high-quality
assessments that not only measure the  progress  of  students  attaining
such  standards,  but also enhance the overall goal of student learning.
However, the financial investments associated with the  development  and
administration  of  high-quality assessments are not yet fully measured,
and have the potential to be  significant.  Therefore,  the  legislature
determines  that  the costs associated with the development, implementa-
tion, and administration of high-quality assessments shall not be  borne
by  local  taxpayers,  and  shall instead be fully funded with financial
support from the state.
  S 2. The education law is amended by adding a new section 756 to  read
as follows:
  S 756. COMPUTER-BASED ASSESSMENT TECHNOLOGY APPORTIONMENT. 1. IN ADDI-
TION  TO  ANY  OTHER  APPORTIONMENTS UNDER THIS CHAPTER, FOR AID PAYABLE
BEGINNING IN THE TWO THOUSAND SEVENTEEN--TWO  THOUSAND  EIGHTEEN  SCHOOL
YEAR,  A  SCHOOL  DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL BE ELIGIBLE FOR AN APPORTIONMENT  UNDER  THE  PROVISIONS  OF  THIS
SECTION   FOR   ALL   TECHNOLOGY   PURCHASES   NECESSARY  TO  ADMINISTER
COMPUTER-BASED STATE ASSESSMENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08610-03-6
              

A. 10480                            2

  2. FOR PURPOSES OF THIS SUBDIVISION, "TECHNOLOGY PURCHASES" SHALL MEAN
NEW PURCHASES OF, AND/OR UPGRADES OF EXISTING, COMPUTERS AND ANY  COMPU-
TER-RELATED  EQUIPMENT,  INCLUDING  HARDWARE AND ANY NECESSARY SOFTWARE,
NEEDED TO ADEQUATELY ADMINISTER REQUIRED  COMPUTER-BASED  STATE  ASSESS-
MENTS.
  3. THE TECHNOLOGY PURCHASES SHALL BE OF A SUFFICIENT QUALITY TO:
  A.  PROPERLY  AND  SECURELY  ADMINISTER  EACH  REQUIRED COMPUTER-BASED
ASSESSMENT PRESCRIBED BY THE DEPARTMENT; AND
  B. PROPERLY HANDLE THE NUMBER  OF  STUDENTS  IN  A  PARTICULAR  SCHOOL
DISTRICT  OR  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES TAKING A COMPU-
TER-BASED STATE ASSESSMENT AT A GIVEN TIME, IN THE TIME ALLOTTED BY  THE
DEPARTMENT.
  4.  NO  SCHOOL  DISTRICT  SHALL  BE  REQUIRED TO PURCHASE OR OTHERWISE
ACQUIRE INSTRUCTIONAL COMPUTER HARDWARE  OR  TECHNOLOGY  EQUIPMENT,  THE
COST  OF WHICH EXCEEDS THE AMOUNT OF STATE AID PROVIDED PURSUANT TO THIS
SECTION.
  5. THE APPORTIONMENT PROVIDED FOR IN THIS SECTION  SHALL  BE  PAID  AT
SUCH  TIMES AS MAY BE DETERMINED BY THE COMMISSIONER AND APPROVED BY THE
DIRECTOR OF THE BUDGET, DURING THE SCHOOL YEAR IN WHICH THE EXPENDITURES
ARE REPORTED TO THE DEPARTMENT PRIOR  TO  SUCH  APPORTIONMENT,  BUT  NOT
EARLIER THAN THE SCHOOL YEAR AFTER THE SCHOOL YEAR IN WHICH EXPENSES ARE
INCURRED.
  S  3.  The  commissioner of education shall develop a plan to minimize
overall taxpayer investment in the development  of,  and  administration
of, high-quality computer-based state assessments. Such plan shall iden-
tify  the  costs  of  implementing  computer-based assessments and shall
focus on ways to leverage state resources in assessment development  and
administration  to  minimize  the  impact  on local school districts and
taxpayers. Such plan shall be presented to the governor,  the  temporary
president  of the senate, the speaker of the assembly, and the chairs of
the senate and assembly education committees prior to making any commit-
ment to implementing computer-based testing, but not later than December
1, 2016.
  S 4. This act shall take effect immediately.