NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6777
SPONSOR: Nolan (MS)
 
TITLE OF BILL:
An act to amend the education law, in relation to providing parents with
the right and authority to exempt their children from taking standard-
ized assessments
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill reaffirms parents' authority to exempt their children from
standardized assessments.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the education law by adding a new section that reaf-
firms a parent's authority to exempt their child from standardized
assessments, require schools to offer exempted students alternative
educational or enrichment programs and prohibits retaliation.
 
JUSTIFICATION:
Parents are partners in their children's education. Recent changes to
New York State's assessment system have caused many parents to question
the use and benefit of standardized testing for the children. As part-
ners in their children's education, parents must have the opportunity to
participate in decisions about their children's academic program includ-
ing assessment. This bill assures parents that opportunity.
This legislation reaffirms parents' discretion and authority to exempt
their children from standardized assessments but it neither supports nor
opposes such exemption. In addition, the exemption from standardized
assessments authorized by this bill should not extend to Regents exam-
inations, as they are graduation requirements.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
6777
2015-2016 Regular Sessions
IN ASSEMBLY
April 2, 2015
___________
Introduced by M. of A. NOLAN, RUSSELL, ARROYO, BLAKE, COLTON, COOK,
FAHY, KAMINSKY, LINARES, LIFTON, O'DONNELL, SCARBOROUGH, SILVER,
SIMON, SOLAGES, THIELE, OTIS -- Multi-Sponsored by -- M. of A. GLICK,
HEVESI, MAGEE, MARKEY, MOSLEY, RIVERA, WALKER -- read once and
referred to the Committee on Education
AN ACT to amend the education law, in relation to providing parents with
the right and authority to exempt their children from taking standard-
ized assessments
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 319 to
2 read as follows:
3 § 319. Student exemption from standardized assessments. 1. A parent of
4 a student or person in parental relationship to a student shall have the
5 right and authority to exempt such student from taking standardized
6 assessments, including but not limited to the state third grade through
7 eighth grade math and English language arts assessments, a state field
8 test assessment or a state assessment administered for purposes of, or
9 pursuant to, section three thousand twelve-c of this chapter. The parent
10 of a student or person in parental relationship to the student shall
11 notify the school principal in writing or other verifiable means, as
12 determined by the school district, at any time prior to the adminis-
13 tration of such assessment or assessments.
14 2. The school shall offer to students exempted by their parents or
15 persons in parental relation from a standardized assessment pursuant to
16 this section alternative educational or enrichment programs during the
17 time that such standardized assessment is administered.
18 3. There shall be no retaliation or other negative action against a
19 student, parent, teacher, principal or building administrator, school
20 building or school district in response to a parent's exemption of a
21 student from standardized assessments pursuant to this section.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10087-02-5