Bill Text: NY S05394 | 2019-2020 | General Assembly | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2019-06-19 - referred to education [S05394 Detail]

Download: New_York-2019-S05394-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5394--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                     April 29, 2019
                                       ___________

        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
feedback