Limits the use of standardized tests for purposes of promotion of a pupil to a higher grade and establishes criteria for a high school diploma

Title of bill

An act to amend the education law, in relation to limiting the use of standardized tests for purposes of promotion and establishes criteria for a high school diploma

Purpose

To limit the use of standardized tests for purposes of promotion and to expand the criteria for assessing academic performance on high stakes exit exams.

Summary of provisions

Section one adds a new section 3204-a to the education law. Subdivisions 1 and 2 limit the use of standardized tests for promotion in grades k-8 and requires that any decision to promote a student shall take into consideration a child's academic performance in the classroom. Subdivision 3 provides that the criteria to be used shall be determined by the Commissioner and transmitted to all school districts.

Subdivisions 4 directs that the score on a regents exam that is required for a high school diploma shall be a composite score, the components of which shall be as follows: the grade on the required regents exam to be worth 75%; and course work as determined by the local school district to be worth 25%.

Section 2 provides for an effective date of July 1st next succeeding the date on which it shall have become law; provided that the Board of Regents of the University of the State of New York promulgate any rules and regulations necessary for implementation on or before such date.

Existing law

NYCRR 100.5 provides Regents Diploma requirements.

Justification

In 1996, in an effort to raise academic standards, the Board of Regents issued revised learning standards as well the phase in of a new policy requiring all students to pass five Regents exams in order to receive a high school diploma. While the learning standards are highly laudable, the exclusive reliance on standardized tests for promotion and graduation has raised a number of questions, if not controversy. There is ample evidence that children have different learning styles as well as diverse ways of demonstrating academic achievement.

Consequently, many parents, students, educators and policy-makers have concerns that "high stakes," "one-size-fits-all" methodologies used to promote children and/or receive a high school diploma undermine the full implementation and potential of the learning standards. This bill recognizes the importance of standards, recognizes that a student's course work must also be taken into consideration when outcomes as critical as promotion or graduation are at stake.

In 2003, the Legislature held five hearings on the Regents Standards and Graduation Requirements. Much of the testimony presented was critical of the State's increasing dependence on standardized testing. Many people expressed concerns about "teaching to the test". Some educators stated that they were being stymied in their ability to challenge and engage students. A "one-size-fits all" evaluation tool was narrowing the subject matter and reducing the educational experience that even highly qualified teachers could offer their students. Additionally, teaching-for-the-test frustrated many such teachers because they could not draw on the wealth of teaching tools they had acquired. This bill reflects the concern that sufficient populations of students are at risk of academic failure due to the unintended consequences of high stakes testing.

Legislative history

2007-2008: S.1464 - Referred to Education 2005-2006: S.3682 - Referred to Education 2003-2004: S.7602 - Passed Senate

Fiscal implications

None.

Effective date

July 1st next succeeding the date on which it shall have become law; provided that the Board of Regents of the University of the State of New York promulgate any rules and regulations necessary for implementation on or before such date.