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.
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.
