S T A T E   O F   N E W   Y O R K
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                                  5337
                       2015-2016 Regular Sessions
                            I N  S E N A T E
                              May 13, 2015
                               ___________
Introduced  by  Sen.  GRIFFO -- 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 providing parents with
  the right and authority to exempt their children from taking standard-
  ized assessments
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. The education law is amended by adding a new section 319 to
read as follows:
  S 319. STUDENT EXEMPTION FROM STANDARDIZED ASSESSMENTS. 1. A PARENT OF
A STUDENT OR PERSON IN PARENTAL RELATIONSHIP TO A STUDENT SHALL HAVE THE
RIGHT  AND  AUTHORITY  TO  EXEMPT  SUCH STUDENT FROM TAKING STANDARDIZED
ASSESSMENTS, INCLUDING BUT NOT LIMITED TO THE STATE THIRD GRADE  THROUGH
EIGHTH  GRADE  MATH AND ENGLISH LANGUAGE ARTS ASSESSMENTS, A STATE FIELD
TEST ASSESSMENT OR A STATE ASSESSMENT ADMINISTERED FOR PURPOSES  OF,  OR
PURSUANT TO, SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER. THE PARENT
OF  A  STUDENT  OR  PERSON IN PARENTAL RELATIONSHIP TO THE STUDENT SHALL
NOTIFY THE SCHOOL PRINCIPAL IN WRITING OR  OTHER  VERIFIABLE  MEANS,  AS
DETERMINED  BY  THE  SCHOOL  DISTRICT, AT ANY TIME PRIOR TO THE ADMINIS-
TRATION OF SUCH ASSESSMENT OR ASSESSMENTS.
  2. THE SCHOOL SHALL OFFER TO STUDENTS EXEMPTED  BY  THEIR  PARENTS  OR
PERSONS  IN PARENTAL RELATION FROM A STANDARDIZED ASSESSMENT PURSUANT TO
THIS SECTION ALTERNATIVE EDUCATIONAL OR ENRICHMENT PROGRAMS  DURING  THE
TIME THAT SUCH STANDARDIZED ASSESSMENT IS ADMINISTERED.
  3.  THERE  SHALL  BE NO RETALIATION OR OTHER NEGATIVE ACTION AGAINST A
STUDENT, PARENT, TEACHER, PRINCIPAL OR  BUILDING  ADMINISTRATOR,  SCHOOL
BUILDING  OR  SCHOOL  DISTRICT  IN RESPONSE TO A PARENT'S EXEMPTION OF A
STUDENT FROM STANDARDIZED ASSESSMENTS PURSUANT TO THIS SECTION.
  S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10087-02-5