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

7 Co-sponsors

• Eric Adams
• Joseph P. Addabbo Jr.
• William J. Larkin Jr.
• George D. Maziarz
• Velmanette Montgomery
• Michael H. Ranzenhofer
• Andrea Stewart-Cousins

BILL NUMBER:S2503

Title of bill

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

Purpose or general idea of bill

To offer alternatives 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, with regard to the administration of more than one Regents exam in one day.

Summary of specific 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, the following is required of the school district:

* 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.

* Many disabled students with extended testing time are classified as Learning Disabled. Retention of acquired knowledge is almost always an issue for these students. To offer an alternate date months after the scheduled date is not a viable option.

* In applying for multiple day testing, school districts are required to provide evaluative material to support the student's need in this regard. Thus, school district personnel are (on a case-by-case basis)

investing valuable time and resources to repetitiously convince the State Education Department that 12 hours of testing with no break is detrimental to children with disabilities. As the regulatory agency mandating and scheduling these tests, it should be incumbent upon the State Education Department to ensure that students are offered viable alternatives to this.

* 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.

Prior legislative history

2006 - A.6358 Referred to Education 2006 - S.5746 Referred to Education (Same As) 2008 - A.594 Referred to Education 2008 - S.5746 Referred to Education (Same As)

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, 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 to be made on or before such effective date.