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
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
PRIOR LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: None to State, minimal to school districts
EFFECTIVE DATE: This act shall take effect immediately