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A01131 Summary:

BILL NOA01131
 
SAME ASNo Same As
 
SPONSORSantabarbara
 
COSPNSR
 
MLTSPNSR
 
Add §319, Ed L
 
Provides that students who have an IEP shall not be required to take more than one regents examination on any given day.
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A01131 Actions:

BILL NOA01131
 
01/09/2025referred to education
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A01131 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1131
 
SPONSOR: Santabarbara
  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 OR 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 PROVISIONS: Section 4402 of the education law :Ls amended by adding a new section 319 as described in the bill.   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 service3 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 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 repeti- tiously convince the State Education Department that 12 hours of testing with no break is detrimental to children with disabilities. As the regu- latory agency mandating and scheduling these tests, it should be incum- bent 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: 2005-06: A.6358 - referred to Education / S.5746 - referred to Education 2007-08: A.594 - referred to Education / S.4443 referred to Education 2009-10: A.6736 - held for consideration in Ways & Means / S.6946 - amended and recommitted to Education 2011-12: A.3289 - held for consid- eration in Ways & Means / S.2503 - referred to Education 2013-14:A.2765 - referred to Ways and Means / S. 488.- referred to Education 2015-16: A.5270 - referred to A.4790 - referred to Education/S.1828- referred to Education 2019-20:A.1397 - referred to Education/S.1501- referred to Education 2017-18: A.1397 - referred to Education/S.573 -referred to Education 2021-22: A01492 - referred to Education   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law; with provisions.
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A01131 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1131
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred 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 Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and intent. The legislature finds that
     2  certain students with disabilities are  allowed  extended  testing  time
     3  according  to their individual education program, or perhaps even accom-
     4  modations provided pursuant to regulations promulgated under section 504
     5  of the Rehabilitation Act of 1973. The legislature  further  finds  that
     6  these  students,  as a result of this extended time allowance, are being
     7  subjected to ten or eleven straight  hours  of  testing  when  they  are
     8  required to take two regents exams on the same date.
     9    The  legislature  acknowledges  the department of education's need for
    10  security concerning the substance  of  the  examination.  As  such,  the
    11  legislature  understands  the department's continuing hesitance to allow
    12  these students with disabilities to take the exams on  days  other  than
    13  which they had been officially scheduled.
    14    However, the benefits of providing these children with respite between
    15  each exam far outweighs the potential of one of these students garnering
    16  information about the exam from another student who had previously taken
    17  the  exam.  Therefore,  it is the intent of this legislature to have the
    18  commissioner of education implement  a  process  whereby  students  with
    19  certain  disabilities  are  not  required  to take more than one regents
    20  examination in any given day.
    21    § 2. The education law is amended by adding a new section 319 to  read
    22  as follows:
    23    §  319.  Examination  of  students with disabilities. The commissioner
    24  shall promulgate regulations establishing guidelines which provide  that
    25  any child who has extended testing time provisions on such child's indi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01481-01-5

        A. 1131                             2
 
     1  vidualized  education  program,  or  who  receives extended testing time
     2  accommodations pursuant to section 504  of  the  Rehabilitation  Act  of
     3  1973, is provided an opportunity to only take one regents examination on
     4  any given day.
     5    § 3. This act shall take effect on the one hundred eightieth day after
     6  it  shall have become a law. Effective immediately, the addition, amend-
     7  ment, and/or repeal of any rule or regulation necessary for  the  imple-
     8  mentation  of  this  act on its effective date are authorized to be made
     9  and completed on or before such effective date.
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