S02091 Summary:

Amd §305, Ed L
Enacts the common core parental refusal act.
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S02091 Actions:

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S02091 Committee Votes:

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S02091 Floor Votes:

There are no votes for this bill in this legislative session.
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S02091 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 12, 2017
        Introduced  by  Sens.  MURPHY,  TEDISCO, CROCI, FUNKE, GALLIVAN, GRIFFO,
          MARCHIONE -- 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 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.  Short title.  This act shall be known and may be cited as
     2  the "common 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
    18  measures may be taken against students who refuse to participate in such
    19  testing, nor shall students who do participate in such  testing  receive
    20  any incentive or reward for doing so."
    21    The  text  of  such  notification  shall  be posted on school district
    22  websites.
    23    The response form, which shall be contained within  the  notification,
    24  shall read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2091                             2
     1    "As  the parent or legal guardian of ___________(child's full name), I
     2  respectfully and formally state my refusal to permit my  child  to  take
     3  part  in testing provided by Pearson or any other state testing based on
     4  common core standards. My child shall be scored as a  'refusal',  rather
     5  than  as 'absent', in accordance with the student information repository
     6  system, and therefore my child will  continue  to  receive  a  free  and
     7  appropriate  public  education  in his/her regular classroom environment
     8  during the administration of all makeup  test  periods  as  this  letter
     9  provides written verification of a 'refusal' for all tests."
    10    Notwithstanding  any other law, rule or regulation to the contrary, it
    11  shall be unlawful for any  school  district  to  require  a  student  to
    12  participate  in  testing  provided by Pearson or any other state testing
    13  based on common core standards. It shall further  be  unlawful  for  any
    14  school district to take punitive measures against students who refuse to
    15  participate  in such testing, or provide any form of incentive or reward
    16  for students who do  so  participate.  School  districts  shall  provide
    17  students whose parents refuse to permit their testing participation with
    18  an  alternate educational activity during scheduled state testing times.
    19  It shall be unlawful for school districts to require such students to be
    20  placed in a testing room or environment during scheduled  state  testing
    21  times  or  makeup times.   Notwithstanding the provisions of subdivision
    22  two of section three hundred six of this article, state aid for  schools
    23  shall not be contingent on or in any way affected by the student partic-
    24  ipation  rate for testing provided by Pearson or any other state testing
    25  based on common core standards.  Notwithstanding any other law, rule  or
    26  regulation  to the contrary, score results on Pearson or any other state
    27  testing based on common core standards shall not constitute  grounds  or
    28  be  considered  as a factor for determining whether a school is a chron-
    29  ically underperforming or failing school.  Nor shall a  school  district
    30  give  any consideration to classroom participation rates in such testing
    31  when evaluating teacher performance or making  personnel  decisions.  It
    32  shall  likewise be unlawful for a school district to re-allocate funding
    33  among or between schools within such district based on  student  partic-
    34  ipation rates for such testing.
    35    § 3. This act shall take effect immediately.
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