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S01938 Summary:

Amd S4402, Ed L
Allows parents and legal guardians of children with an individualized education program to opt such children out of the "common core standards" and certain testing.
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S01938 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                    IN SENATE
                                    January 15, 2015
        Introduced by Sen. PANEPINTO -- read twice and ordered printed, and when
          printed  to  be  committed  to the Committee on Education -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the education law, in relation to allowing  parents  and
          legal  guardians  of children with an individualized education program
          to opt such children out of the "common core  standards"  and  certain
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The legislature finds that the primary federal law  govern-
     2  ing the education of children with special needs is the Individuals with
     3  Disabilities  Education Act (IDEA). The IDEA was enacted by the congress
     4  of the United States in 1990, and reauthorized in  1997  and  2004.  The
     5  intent of the IDEA was to ensure the right of children with disabilities
     6  to receive a free appropriate public education (FAPE), striving to grant
     7  equal  access  to  students  with disabilities, and provide them special
     8  education services. Further, to implement the  IDEA,  special  education
     9  services  and  procedures  are established, created on an individualized
    10  basis, so as to meet the unique needs of students with disabilities.
    11    The legislature further finds that the tool utilized to fulfill  these
    12  rights  for  children with special needs is the individualized education
    13  program (IEP). Nothing in this section shall  preclude  New  York  state
    14  from adopting laws, rules and regulations which may be more stringent or
    15  comprehensive than relevant federal laws.
    16    §  2.  Section  4402  of  the education law is amended by adding a new
    17  subdivision 9 to read as follows:
    18    9. a.  Any parent or legal guardian of a  child  with  an  established
    19  individualized  education  program (IEP) may, with written notice to the
    20  principal of the school the child is attending at any time prior to  the
    21  administration  of the test, opt that child out of any standardized test
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1938--A                          2
     1  including the "common  core  standards",  or  those  tests  administered
     2  pursuant to chapter one hundred three of the laws of two thousand ten.
     3    b.  Any  child  who is opted-out of a test shall be provided alternate
     4  educational programming concomitant with the time established for  those
     5  standardized  tests.  Such  educational programming shall be appropriate
     6  and consistent with the child's IEP.
     7    § 3. This act shall take effect immediately.
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