S T A T E O F N E W Y O R K
________________________________________________________________________
9686
I N A S S E M B L Y
May 15, 2014
___________
Introduced by M. of A. SEPULVEDA, ROSA -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to prohibiting biologi-
cally identifying questions from being asked prior to standardized
testing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 340 of the education law is amended by adding a new
subdivision 10 to read as follows:
10. "BIOLOGICALLY IDENTIFYING QUESTIONS" MEANS ANY QUESTION OR GROUP
OF QUESTIONS THAT IMPLICITLY ACTIVATE A SOCIAL IDENTITY THAT CAN EITHER
FACILITATE OR HINDER PERFORMANCE, INCLUDING RACE, GENDER, FAMILY INCOME,
RELIGION, AND SEXUALITY.
S 2. The education law is amended by adding a new section 344-d to
read as follows:
S 344-D. PROHIBITED QUESTIONS. NO STANDARDIZED TEST GIVEN PURSUANT TO
THE PROVISIONS OF THIS ARTICLE SHALL CONTAIN ANY BIOLOGICALLY IDENTIFY-
ING QUESTIONS ABOUT THE TEST SUBJECT OR HIS OR HER FAMILY PRIOR TO THE
INITIATION OF THE TEST.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14712-02-4