BILL NUMBER:S6832

TITLE OF BILL:  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

PURPOSE:

This bill will provide parents, legal guardians, or school districts
the ability to opt children with individual education plans (I.E.P.)
to opt-out of the common core standards and/or certain testing.

SUMMARY OF PROVISIONS:

Section 1. Section 4402 of the education law is amended by adding a
new subdivision 8 to read as follows:

8. a. Any parent, legal guardian or school district may elect to opt a
child with an established individualized education program (I.E.P.)
out of any standardized test, including the "common core standards" or
those tests administered pursuant to chapter one hundred three of the
laws of two thousand ten. The school district shall be guided in its
decision to exempt such child from such tests by the members of the
committee which established the individualized education program.

              

b. The district, with the assistance of the members of the committee
who established the individualized education program of a child who is
opted-out of a test shall note in the records of such child the
reasons why the child was exempted from taking such test and shall be
taught, such as using existing New York State standards and
methodologies, in a manner that is appropriate and consistent with the
child's individualized education program.

§ 2. This act shall take effect immediately.

EXISTING LAW:

Currently there is no law that addresses this issue

JUSTIFICATION:

Each child in public school who receives special education and related
services must have what is commonly referred to as an I.E.P. or an
Individualized Education Program. Each I.E.P. must be designed for one
student and must be a truly individualized document. The I.E.P.
creates an opportunity for teachers, parents, school administrators,
related services personnel and students (when appropriate) to work
together to improve educational results for children with
disabilities. The I.E.P. is the cornerstone of a quality education for
each child with a disability.

There has been a great deal of discussion about the Common Core
Curriculum over the past several months. That said, we must take into
consideration those students that have been determined to have special
needs. It has already been determined by law that individuals with
special needs must have Individual Educational Plans that include


certain information about the child and the educational program
designed to meet his or her unique needs. This information covers
topics such as current performance, annual goals, special education
and related services, accommodations, participation in state and
district-wide tests, needed transition services and measured progress.

To create an effective I.E.P., parents, teachers, other school staff
and often the student must come together to look closely at the
student's unique need. These individuals pool knowledge, experience
and commitment to design an educational program that will help the
student be involved in, and progress in, the general curriculum. The
I.E.P. guides the delivery of special education supports and services
for the student with a disability.

There is a process to follow before a child can be determined a child
with special needs.

1. Child is first identified as possibly needing special education and
related services.

2. Child is then evaluated.

3. Eligibility is decided.

4. Child is found eligible for services.

5. I.E.P. meeting is scheduled.

6. I.E.P. meeting is held and the I.E.P. is written.

7. Services are provided.

8. Progress is measured and reported to parents.

9. I.E.P. is reviewed.

10. Child is reevaluated.

This legislation recognizes the I.E.P. and its sole purpose of
providing courses for students that are curriculum appropriate. Who
knows better the true needs of students with special needs than those
people working with these children on a daily basis? This bill also
provides the local school districts along with I.E.P. team members an
opportunity to exempt special needs students from participating in the
common core curriculum and/or high stakes testing if they feel it is
appropriate and meets that particular students needs. In exempting the
student however, the district and/or the team members will clearly
state as part of the individuals records such reasons. This will
insure that any questions arising in the future as to the decision can
be answered completely by simply referring back to those individual
students records.

LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:


To be determined

LOCAL FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately.