S04161 Summary:

BILL NOS04161A
 
SAME ASSAME AS A06025-A
 
SPONSORMURPHY
 
COSPNSRFUNKE, ADDABBO, CROCI, DILAN, FARLEY, GALLIVAN, GRIFFO, LATIMER, MARCHIONE, MARTINS, ORTT
 
MLTSPNSR
 
Amd §305, Ed L
 
Enacts the common core parental refusal act.
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S04161 Actions:

BILL NOS04161A
 
03/04/2015REFERRED TO EDUCATION
01/06/2016REFERRED TO EDUCATION
01/15/2016AMEND AND RECOMMIT TO EDUCATION
01/15/2016PRINT NUMBER 4161A
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S04161 Memo:

Memo not available
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S04161 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4161--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      March 4, 2015
                                       ___________
 
        Introduced by Sens. MURPHY, FUNKE, ADDABBO, CROCI, DILAN, FARLEY, GALLI-
          VAN,  GRIFFO,  LATIMER,  MARCHIONE,  MARTINS,  ORTT  -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Education  --  recommitted to the Committee on Education in accordance
          with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the education law, in relation to enacting the "common
          core parental refusal act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act  shall be known and may be cited as the "common
     2  core parental refusal act".
     3    § 2. Section 305 of the education law  is  amended  by  adding  a  new
     4  subdivision 51-b to read as follows:
     5    51-b.  The  commissioner  shall  ensure  that  school districts notify
     6  parents of students in grades  three  through  eight,  either  by  email
     7  and/or  a mailed letter, that such students may refuse to participate in
     8  all state testing provided by Pearson or any other state  testing  based
     9  on  common  core  standards.  Such notification shall be given no sooner
    10  than fourteen days and no later than seven days prior to  the  scheduled
    11  administration  of  such  testing.    Such  notification  shall  read as
    12  follows:
    13    "It is the right of every parent to direct the upbringing  and  educa-
    14  tion  of  their children. Parents may refuse to permit their children to
    15  take state testing provided by Pearson or any other state testing  based
    16  on common core standards. Parents who refuse to permit their children to
    17  take  such  tests may fill out and return the attached form. No punitive
    18  measures may be taken against students who refuse to participate in such
    19  testing, nor shall students who do participate in such  testing  receive
    20  any incentive or reward for doing so."
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09318-06-6

        S. 4161--A                          2
 
     1    The  text  of  such  notification  shall  be posted on school district
     2  websites.
     3    The  response  form, which shall be contained within the notification,
     4  shall read as follows:
     5    "As the parent or legal guardian of ___________(child's full name),  I
     6  respectfully  and  formally  state my refusal to permit my child to take
     7  part in testing provided by Pearson or any other state testing based  on
     8  common  core  standards. My child shall be scored as a 'refusal', rather
     9  than as 'absent', in accordance with the student information  repository
    10  system,  and  therefore  my  child  will  continue to receive a free and
    11  appropriate public education in his/her  regular  classroom  environment
    12  during  the  administration  of  all  makeup test periods as this letter
    13  provides written verification of a 'refusal' for all tests."
    14    Notwithstanding any other law, rule or regulation to the contrary,  it
    15  shall  be  unlawful  for  any  school  district  to require a student to
    16  participate in testing provided by Pearson or any  other  state  testing
    17  based  on  common  core  standards. It shall further be unlawful for any
    18  school district to take punitive measures against students who refuse to
    19  participate in such testing, or provide any form of incentive or  reward
    20  for  students  who  do  so  participate.  School districts shall provide
    21  students whose parents refuse to permit their testing participation with
    22  an alternate educational activity during scheduled state testing  times.
    23  It shall be unlawful for school districts to require such students to be
    24  placed  in  a testing room or environment during scheduled state testing
    25  times or makeup times.   Notwithstanding the provisions  of  subdivision
    26  two  of section three hundred six of this article, state aid for schools
    27  shall not be contingent on or in any way affected by the student partic-
    28  ipation rate for testing provided by Pearson or any other state  testing
    29  based  on common core standards.  Notwithstanding any other law, rule or
    30  regulation to the contrary, score results on Pearson or any other  state
    31  testing  based  on common core standards shall not constitute grounds or
    32  be considered as a factor for determining whether a school is  a  chron-
    33  ically  underperforming  or failing school.  Nor shall a school district
    34  give any consideration to classroom participation rates in such  testing
    35  when  evaluating  teacher  performance or making personnel decisions. It
    36  shall likewise be unlawful for a school district to re-allocate  funding
    37  among  or  between schools within such district based on student partic-
    38  ipation rates for such testing.
    39    § 3. This act shall take effect immediately.
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