What's happening
This bill increases the civil penalty for test agency violations from $500 to $2,000 per violation.
Why it matters
Stronger deterrent for misconduct. By raising the penalty per violation from $500 to $2,000, the bill aims to discourage test agencies from engaging in actions that violate state rules regarding standardized testing. This could lead to better compliance and greater integrity in the administration of standardized tests.
Potential for increased financial consequences. Test agencies found in violation could face significantly higher financial liabilities, especially if multiple violations occur. This may prompt agencies to invest more in internal controls, staff training, and compliance systems to avoid costly penalties.
Greater protection for students and schools. Enhanced penalties may result in improved oversight of testing processes, helping to ensure that students and educational institutions are not negatively impacted by test agency errors or misconduct.
Signals legislative priority. The bill underscores the importance lawmakers are placing on standardized testing fairness and reliability, which can affect high-stakes outcomes such as student advancement, teacher evaluation, and school funding.
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Who cares
Headline styles
Increase Testing Violation Fines
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1468
- Referred to education
- Returned to senate
- Died in assembly
- Referred to education
- Delivered to assembly
- Passed senateVote 55–5
- Ordered to third reading cal.1603
- Committee discharged and committed to rules
Show 1 earlier action
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Increase Test Cheating Fines
In Assembly Committee · Higher Education · Sponsor Alicia Hyndman
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1500
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to increasing penalties for violations relating to test agencies and standardized testing
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 347 of the education law, as added by chapter 672 of the laws of 1979 and as renumbered by chapter 813 of the laws of 1980, is amended to read as follows:
§ 347. Violations. Any test agency which violates any section of this article shall be liable for a civil penalty of not more than [five hundred] two thousand dollars for each violation.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07460-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to increasing penalties for violations relating to test agencies and standardized testing
Purpose
To increase the penalty amount for violations relating to test agencies and standardized testing.
Summary of provisions
Section one amends section 347 of the education law to provide that the violations for truth in testing will be $2,000 per violation.
Section two sets forth the effective date.
Justification
In 2016, College Board administered the newest iteration of the Scholastic Aptitude Test (SAT) and there were significant delays in processing the Question and Answer Service (QAS) reports that allow a student to see what the scoring was for each question on the exam that student took. A student's right to see this information was created under the Trust in Testing Law, codified in the education law. Services like College Board that administer these exams are required to provide this information within the timeframe set forth in statute.
The Truth in Testing Law, along with the requisite violations for civil penalties, was enacted in 1979. The fine amount has not been updated since then. The amount set forth in this legislation accounts for inflation through the Consumer Price Index (CPI), which values $500 at that time to be worth around $2,000 in 2016. This is an update to ensure that the penalty has the proper value per violation and measures up to the intent of the original law.
Legislative history
New bill.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.