Bill Text: NY A06736 | 2009-2010 | General Assembly | Amended
Bill Title: Provides that students who have an IEP shall not be required to take more than one regents examination in any given day.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-07-01 - held for consideration in ways and means [A06736 Detail]
Download: New_York-2009-A06736-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6736--A
2009-2010 Regular Sessions
I N A S S E M B L Y
March 11, 2009
___________
Introduced by M. of A. WEISENBERG, J. RIVERA, SCHIMEL, BENEDETTO, KOON,
SPANO, BARRA, DUPREY, MOLINARO, KOLB, MILLMAN, SCHROEDER, MAYERSOHN,
P. RIVERA, MAISEL, TITUS, JAFFEE, CASTRO, BARRON, McDONOUGH -- Multi-
Sponsored by -- M. of A. ABBATE, AMEDORE, BALL, BOYLAND, BURLING,
CONTE, CRESPO, CROUCH, DelMONTE, FINCH, GIGLIO, HOOPER, JEFFRIES,
MARKEY, J. MILLER, MONTESANO, PHEFFER, REILLY, ROBINSON, SALADINO,
SAYWARD, SCARBOROUGH, SCOZZAFAVA, SWEENEY, TEDISCO, THIELE, TOBACCO --
read once and referred to the Committee on Education -- recommitted to
the Committee on Education in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10290-04-0
A. 6736--A 2
1 the exam. Therefore, it is the intent of this legislature to have the
2 commissioner of education implement a process whereby students with
3 certain disabilities are not required to take more than one regents
4 examination in any given day.
5 S 2. The education law is amended by adding a new section 319 to read
6 as follows:
7 S 319. EXAMINATION OF STUDENTS WITH DISABILITIES. THE COMMISSIONER
8 SHALL PROMULGATE REGULATIONS ESTABLISHING GUIDELINES WHICH PROVIDE THAT
9 ANY CHILD WHO HAS EXTENDED TESTING TIME PROVISIONS ON HIS OR HER INDI-
10 VIDUALIZED EDUCATION PROGRAM, OR WHO RECEIVES EXTENDED TESTING TIME
11 ACCOMMODATIONS PURSUANT TO SECTION 504 OF THE REHABILITATION ACT OF
12 1973, IS PROVIDED AN OPPORTUNITY TO ONLY TAKE ONE REGENTS EXAMINATION ON
13 ANY GIVEN DAY.
14 S 3. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law. Effective immediately, the addition, amend-
16 ment, and/or repeal of any rule or regulation necessary for the timely
17 implementation of this act on its effective date is hereby authorized to
18 be made on or before such effective date.
