Provides for a parent to choose to opt their student out of the grade three through eight English language arts and math state assessments, and requires the commissioner of education to provide notice to parents of such right.
STATE OF NEW YORK
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5394--A
2019-2020 Regular Sessions
IN SENATE
April 29, 2019
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Introduced by Sens. JACKSON, BENJAMIN, RAMOS, SALAZAR -- 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 opting out of certain
state assessments
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 305 of the education law is amended by adding a new
2 subdivision 60 to read as follows:
3 60. a. The commissioner shall ensure that school districts provide
4 notice to parents of students in grades three through eight of the
5 parent's right to opt their student out of the grade three through eight
6 English language arts and math state assessments. Such notice shall be
7 developed by the department, written in clear and concise language and
8 translated in the six most common languages in the state. The notice
9 shall be made available on the department's website.
10 b. The commissioner shall ensure that school districts provide parents
11 of students in grades three through eight with the notice pursuant to
12 paragraph a of this subdivision. Such notification shall be given no
13 later than thirty days after the start of the school year.
14 c. The school district shall honor a parent's decision to exercise
15 their right to opt their student out of the grade three through eight
16 English language arts and math state assessments. The school district
17 shall be prohibited from taking punitive measures against a student
18 whose parent has chosen to opt their student out of the grades three
19 through eight English language arts and math state assessments.
20 d. Any violation of this subdivision may be subject to an appeal to
21 the commissioner.
22 § 2. This act shall take effect on the first of July next succeeding
23 the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10815-06-9
