STATE OF NEW YORK
2017-2018 Regular Sessions
January 11, 2017
Introduced by Sen. LATIMER -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to allowing school
districts to opt children with an individualized education program out
of the "common core standards" and certain testing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4402 of the education law is amended by adding a
2 new subdivision 9 to read as follows:
3 9. a. Any parent, legal guardian or school district may elect to opt a
4 child with an established individualized education program (IEP) out of
5 any standardized test, including the "common core standards", or those
6 tests administered pursuant to chapter one hundred three of the laws of
7 two thousand ten. The school district shall be guided in its decision to
8 exempt such child from such tests by the members of the committee which
9 established the individualized education program.
10 b. The district, with the assistance of the members of the committee
11 who established the individualized education program of a child who is
12 opted-out of a test shall note in the records of such child the reasons
13 why the child was exempted from taking such test and shall also identify
14 how the child shall be taught, such as using existing New York state
15 standards and methodologies, in a manner that is appropriate and
16 consistent with the child's individualized education program.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.