Ex-state attorney tackles test review

A former state attorney who handled some of Albany's highest profile cases will head up a review of the state Education Department's testing procedures, as part of broader efforts to guard against score tampering and other potential fraud.

Henry M. "Hank" Greenberg, 49, was named Monday as a special investigator responsible for assessing reports of alleged test violations across the state and making recommendations for improved security within the next several months. Greenberg, a former counsel in the state attorney general's office, will serve without pay.

The potential for cheating on high-stakes tests is of growing concern to the department, which administers more than 5 million exams annually. By the end of this school year, test results are to be used not only in grading students, but also in rating the job effectiveness of teachers in grades 4-8 statewide.

"The overwhelming majority of educators in New York State are giving tests honestly," said Education Commissioner John B. King Jr., who announced Greenberg's appointment. "The actions of a few should not taint the reputation of the many."

The department's chief operating officer, Val Grey, said Greenberg's review would be completed within two to three months. Greenberg, in one of his most publicized cases as a state counsel, defended the State Senate's removal from office last year of former Queens Sen. Hiram Monserrate, following Monserrate's conviction for misdemeanor assault on a female companion.

In other action Monday, a package of department proposals aimed at saving money in evaluations of students with disabilities was approved by the state Board of Regents. The most controversial recommendation would drop a requirement that school psychologists participate in reviews of students' status, except in instances when students' initial eligibility for special education is determined. Most of the proposals would require the State Legislature's consent.

The naming of a special investigator for state testing is part of broader security measures, which include a recent department decision to prohibit teachers from scoring their own exams beginning in 2012-13.

In calling for enhanced security, state Education Department officials have cited recent testing scandals in Atlanta, Philadelphia and other areas of the country. However, those officials also have acknowledged an increase in test-fraud complaints in this state, including a 2007 case in Uniondale in which the entire school system was placed on temporary academic probation due to evidence of tampering with Regents math exams.