STATE OF NEW YORK
        ________________________________________________________________________

                                         7744--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 17, 2019
                                       ___________

        Introduced  by  M.  of A. EPSTEIN, SANTABARBARA, SIMON, D'URSO, CARROLL,
          REILLY, RA, DeSTEFANO, BURKE, FRONTUS, JAFFEE, BRONSON,  RAMOS,  JOHNS
          --  Multi-Sponsored  by -- M. of A. DE LA ROSA, LENTOL, THIELE -- read
          once  and  referred  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.
                                                                   LBD10815-07-9