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A06025 Summary:

BILL NOA06025A
 
SAME ASSAME AS S04161-A
 
SPONSORTedisco
 
COSPNSRBarron, Brabenec, Butler, Crouch, DiPietro, Duprey, Friend, Goodell, Graf, Hawley, Johns, Katz, Kearns, Lalor, Lopez, Lupinacci, McDonough, McLaughlin, Palmesano, Ra, Walter, Murray, Palumbo, Curran
 
MLTSPNSRBarclay, Blankenbush, Ceretto, Garbarino, Lawrence, Malliotakis, Saladino, Stec, Tenney, Thiele, Wozniak
 
Amd 305, Ed L
 
Enacts the common core parental refusal act.
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A06025 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6025A
 
SPONSOR: Tedisco (MS)
  TITLE OF BILL: An act to amend the education law, in relation to enacting the "common core parental refusal act"   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure school districts notify parents of students via written communi- cation in grades three through eight that such students may refuse to participate in all state testing provided by Pearson Incorporated or any other State testing based on Common Core standards.   SUMMARY OF SPECIFIC PROVISIONS: Amends Section 305 of the Education Law by adding a new subdivision 51-b which calls upon the Commissioner to ensure that school districts notify parents of students in grades three through eight, either by mail and/or mailed letter, that such students may refuse to participate in all state testing provided by Pearson or any other state testing based on common core standards. Such notification shall be given no sooner than fourteen days and no later than seven days before the scheduled administration of such testing. Ensures and outlines a universal notification method be posted on school district websites as well as a universal method for parental response. Prohibits punitive measures for test refusal against: *A particular district in the form of withheld state aid. *A particular school within a district for low participation rates. *A teacher or consideration when evaluating a teacher's performance. *A student, nor a reward for those students who do participate in such exams. Moreover, those students not participating in such exams will be provided alternate educational activity at such times these tests are being administered by virtue of this subdivision.   JUSTIFICATION: Both parents and teachers have expressed concern over the direction testing of our children has taken in New York State and in particular in regards to how such testing of the new Common Core stand- ards is being applied along with the high stakes associated with the results of such tests. These high-stakes, standardized, Common Core tests have been widely considered a fatally flawed proxy for genuine evaluation. In the year 2014 alone, parents of 60,000 students refused New York State Common Core tests. This bill codifies that parents receive proper notification of their rights as it relates to refusing to have their children participate in these field tests. More importantly, it protects school districts, individual schools, teachers, and students alike from facing any withholding of funds, state takeovers, sanctions, negative impact on a teacher's evaluation or any other punitive measures associated with the outcomes related to test refusal.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS: None to State, minimal to school districts   EFFECTIVE DATE: This act shall take effect immediately
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A06025 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6025--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 11, 2015
                                       ___________
 
        Introduced by M. of A. TEDISCO, BARRON, BRABENEC, BUTLER, CROUCH, DiPIE-
          TRO,  DUPREY,  FRIEND,  GOODELL,  GRAF,  HAWLEY,  JOHNS, KATZ, KEARNS,
          LALOR, LOPEZ, LUPINACCI, McDONOUGH, McLAUGHLIN, NOJAY, PALMESANO,  RA,
          WALTER,  MURRAY,  PALUMBO,  CURRAN  --  Multi-Sponsored by -- M. of A.
          BARCLAY, BLANKENBUSH, CERETTO, GARBARINO, LAWRENCE, MALLIOTAKIS, SALA-
          DINO, STEC, TENNEY, THIELE, WOZNIAK -- 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  commit-
          tee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09318-07-6

        A. 6025--A                          2
 
     1  measures may be taken against students who refuse to participate in such
     2  testing, nor shall students who do participate in such  testing  receive
     3  any incentive or reward for doing so."
     4    The  text  of  such  notification  shall  be posted on school district
     5  websites.
     6    The response form, which shall be contained within  the  notification,
     7  shall read as follows:
     8    "As  the parent or legal guardian of ___________(child's full name), I
     9  respectfully and formally state my refusal to permit my  child  to  take
    10  part  in testing provided by Pearson or any other state testing based on
    11  common core standards. My child shall be scored as a  'refusal',  rather
    12  than  as 'absent', in accordance with the student information repository
    13  system, and therefore my child will  continue  to  receive  a  free  and
    14  appropriate  public  education  in his/her regular classroom environment
    15  during the administration of all makeup  test  periods  as  this  letter
    16  provides written verification of a 'refusal' for all tests."
    17    Notwithstanding  any other law, rule or regulation to the contrary, it
    18  shall be unlawful for any  school  district  to  require  a  student  to
    19  participate  in  testing  provided by Pearson or any other state testing
    20  based on common core standards. It shall further  be  unlawful  for  any
    21  school district to take punitive measures against students who refuse to
    22  participate  in such testing, or provide any form of incentive or reward
    23  for students who do  so  participate.  School  districts  shall  provide
    24  students whose parents refuse to permit their testing participation with
    25  an  alternate educational activity during scheduled state testing times.
    26  It shall be unlawful for school districts to require such students to be
    27  placed in a testing room or environment during scheduled  state  testing
    28  times  or  makeup times.   Notwithstanding the provisions of subdivision
    29  two of section three hundred six of this article, state aid for  schools
    30  shall not be contingent on or in any way affected by the student partic-
    31  ipation  rate for testing provided by Pearson or any other state testing
    32  based on common core standards.  Notwithstanding any other law, rule  or
    33  regulation  to the contrary, score results on Pearson or any other state
    34  testing based on common core standards shall not constitute  grounds  or
    35  be  considered  as a factor for determining whether a school is a chron-
    36  ically underperforming or failing school.  Nor shall a  school  district
    37  give  any consideration to classroom participation rates in such testing
    38  when evaluating teacher performance or making  personnel  decisions.  It
    39  shall  likewise be unlawful for a school district to re-allocate funding
    40  among or between schools within such district based on  student  partic-
    41  ipation rates for such testing.
    42    § 3. This act shall take effect immediately.
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