What's happening
This bill requires that students with disabilities receiving extended testing time only take one Regents exam per day.
Why it matters
Protects students with disabilities from excessive testing fatigue. by ensuring they are not required to sit for two lengthy Regents exams in a single day, which can currently result in extremely long testing periods due to extended time accommodations.
Recognizes the unique needs of students with IEPs or 504 plans. , acknowledging that current scheduling practices may unintentionally disadvantage these students compared to their peers without such accommodations.
Balances academic integrity with student well-being. by mandating a policy change without undermining exam security, as students will still take exams on officially scheduled days, minimizing risks of test content leaks.
Requires the education commissioner to create clear regulations. , ensuring that all schools implement the policy consistently and that eligible students’ rights are protected across New York State.
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Who cares
Headline styles
Limit Regents Tests Per Day
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to education
- 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.
Limit Regents Tests Per Day
In Assembly Committee · Education · Sponsor Angelo Santabarbara
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
573
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. KENNEDY, ADDABBO, BROOKS, KAMINSKY -- 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 the administration of exams to students with disabilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings and intent. The legislature finds that certain students with disabilities are allowed extended testing time according to their individual education program, or perhaps even accommodations provided pursuant to regulations promulgated under section 504 of the Rehabilitation Act of 1973. The legislature further finds that these students, as a result of this extended time allowance, are being subjected to ten or eleven straight hours of testing when they are required to take two regents exams on the same date.
The legislature acknowledges the department of education's need for security concerning the substance of the examination. As such, the legislature understands the department's continuing hesitance to allow these students with disabilities to take the exams on days other than which they had been officially scheduled.
However, the benefits of providing these children with respite between each exam far outweighs the potential of one of these students garnering information about the exam from another student who had previously taken the exam. Therefore, it is the intent of this legislature to have the commissioner of education implement a process whereby students with certain disabilities are not required to take more than one regents examination in any given day.
§ 2. The education law is amended by adding a new section 319 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02414-01-9
S. 573 2
§ 319. Examination of students with disabilities. The commissioner shall promulgate regulations establishing guidelines which provide that any child who has extended testing time provisions on his or her individualized education program, or who receives extended testing time accommodations pursuant to section 504 of the Rehabilitation Act of 1973, is provided an opportunity to only take one regents examination on any given day.
§ 3. 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 are hereby authorized to be made on or before such effective date.
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 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.
Read the full memo (758 words)
Justification
Public school districts in New York State are responsible for identify- ing 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. While the Board of Regents has recently approved multiple pathways for students to receive a local diploma, many students still wish to pursue a Regents Diploma, but cannot do so without testing accommodations. Additionally, the Board of Regents has given local Superintendents the ability to approve a local diploma for alternative paths of study, decision making over Regents testing accommodations still rests in the hands of the Commissioner of Education.
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 to allow for a test to be administered on a separate day. Decisions are made on behalf of the student on a case-by- case basis. Often, students who have two exams scheduled on one day, and who are permitted to have extended time or multiple day testing on an exam, must start both exams on the same day. In order to complete an exam on a separate day, the following is required of the school district:
*Multiple day or extended testing must be included on the student's IEP, which is typically written prior to the release of the Regent's Examina- tion schedule by the State Education Department and prior to the district's knowledge of a conflict.
*Many students with disabilities with extended testing time are classi- fied 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.
*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 repe- titiously convince the State Education Department that 12 hours of test- ing 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 that still gives students the ability to graduate with a Regents Diploma.
This legislation would direct the commissioner to establish regulations allowing students who have been granted extra time to only take one regents examination per day. This would eliminate the requirement that the student start each exam on the scheduled day, to be completed later. Further, it would help avoid situations where a student is in a testing environment for up to twelve hours.
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) 2009-10: S.6946 Referred to Education 2011-12: S.2503/A.3289 Referred to Education 2013-14: S.488 Referred to Education 2015-16: S.1501/A.5270 Referred to Education 2017-18: S.1828/A.4790 Referred to Education
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 imple- mentation of this act on its effective date is hereby authorized to be made on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.