New York State Testing Concerns

By Paul T. O’Neill, Jaime A. Fernand and Lisa J. Holtzmuller

We want to send you and your students good vibes and good luck for the upcoming state tests.

As you gear up for the testing, here are a few reminders from the lawyers:

  • Make sure that test administration is carried out lawfully and in accordance with the school’s protocols and test instructions.
  • Sensitive areas for testing integrity include the handling and security of testing material before, during and after test administration; effective proctoring and monitoring of the testing environment; and scrutiny of any indications of tampering or other improprieties, such as allegations of misbehavior by staff or students or excessive erasures.

Test administration problems are unfortunately widespread — we have been brought in by New York charter schools numerous times in recent years to investigate when there have been signs and/or allegations of inappropriate administration or cheating.

If you have any questions about these issues, please don’t hesitate to contact any of the below members of Barton Gilman’s New York education practice. We look forward to hearing from you soon.

Paul O’Neill at or 212.792.6246

Jaime Fernand at or 212.792.6246

Lisa Holtzmuller at or 617.654.8200