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Senate Bill S6758

2013-2014 Legislative Session

Allows parents and legal guardians of children with an individualized education program to opt such children out of the "common core standards" and certain testing

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Archive: Last Bill Status - In Senate Committee Education Committee

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2013-S6758 (ACTIVE) - Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd ยง4402, Ed L
Versions Introduced in 2015-2016 Legislative Session:
S1938

2013-S6758 (ACTIVE) - Summary

Allows parents and legal guardians of children with an individualized education program to opt such children out of the "common core standards" and certain testing.

2013-S6758 (ACTIVE) - Sponsor Memo

2013-S6758 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6758

                            I N  S E N A T E

                              March 6, 2014
                               ___________

Introduced  by  Sen. TKACZYK -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to allowing  parents  and
  legal  guardians  of children with an individualized education program
  to opt such children out of the "common core  standards"  and  certain
  testing

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The legislature finds that the primary federal law  govern-
ing the education of children with special needs is the Individuals with
Disabilities  Education Act (IDEA). The IDEA was enacted by the congress
of the United States in 1990, and reauthorized in  1997  and  2004.  The
intent of the IDEA was to ensure the right of children with disabilities
to receive a free appropriate public education (FAPE), striving to grant
equal  access  to  students  with disabilities, and provide them special
education services. Further, to implement the  IDEA,  special  education
services  and  procedures  are established, created on an individualized
basis, so as to meet the unique needs of students with disabilities.
  The legislature further finds that the tool utilized to fulfill  these
rights  for  children with special needs is the individualized education
program (IEP). Nothing in this section shall  preclude  New  York  state
from adopting laws, rules and regulations which may be more stringent or
comprehensive than relevant federal laws.
  S  2.  Section  4402  of  the education law is amended by adding a new
subdivision 8 to read as follows:
  8. A.  ANY PARENT OR LEGAL GUARDIAN OF A  CHILD  WITH  AN  ESTABLISHED
INDIVIDUALIZED  EDUCATION  PROGRAM (IEP) MAY, WITH TEN DAY PRIOR WRITTEN
NOTICE TO THE PRINCIPAL OF THE SCHOOL THE CHILD IS ATTENDING,  OPT  THAT
CHILD  OUT  OF  ANY  STANDARDIZED TEST INCLUDING THE "COMMON CORE STAND-
ARDS", OR THOSE TESTS ADMINISTERED PURSUANT TO CHAPTER ONE HUNDRED THREE
OF THE LAWS OF TWO THOUSAND TEN.
  B. ANY CHILD WHO IS OPTED-OUT OF A TEST SHALL  BE  PROVIDED  ALTERNATE
EDUCATIONAL  PROGRAMMING CONCOMITANT WITH THE TIME ESTABLISHED FOR THOSE
STANDARDIZED TESTS. SUCH EDUCATIONAL PROGRAMMING  SHALL  BE  APPROPRIATE
AND CONSISTENT WITH THE CHILD'S IEP.
  S 3. This act shall take effect immediately.

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