Senate Bill S1938A

2015-2016 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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to education
Apr 20, 2015	notice of committee consideration - requested
Jan 30, 2015	print number 1938a
Jan 30, 2015	amend and recommit to education
Jan 15, 2015	referred to education

Bill Amendments

Original

A (Active)

2015-S1938 - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §4402, Ed L
Versions Introduced in 2013-2014 Legislative Session:: S6758

2015-S1938 - 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.

2015-S1938 - Sponsor Memo

                                BILL NUMBER:S1938

TITLE OF BILL:  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

PURPOSE:

The bill will allow parents or the legal guardian of children with
special needs who have an established IEP to opt the child out of the
Common Core Standards testing and testing related to the APPR.

SUMMARY OF PROVISIONS:

Section 1. Is the Legislative Intent.

Section 2. Establishes that any parent or legal guardian of a child
with an established IEP, may opt their child out of the "Common Core
Standards" or APPR standardized testing, by providing written notice
10 days prior to the school principal.

It further requires that students who are opted out shall be provided
alternate education programming during the time of testing that is
appropriate and consistent with the child's IEP.

Section 3. Is the effective date. The bill takes effect immediately.

JUSTIFICATION:

During 2013 and 2014, the NYS Education Department held more than a
dozen public hearings, the Senate Education Committee held hearings,
and input was received from numerous parents, teachers and community
events throughout New York State. There are strong indications that
the testing that stems from the "Common Core Standards" and the Annual
Professional Performance Review (APPR) will not be consistent, nor
applied consistently, with each child's Individualized Education
Program (IEP), established pursuant to the federal Individuals with
Disabilities Education Act (IDEA).

IDEA mandates that children are provided a Free and Appropriate Public
Education (FAPE), regardless of disability. If the proposed testing
plan for a child is not deemed by the legal parent or guardian to be
consistent with the child's IEP, the parent should have the
opportunity to opt that child of the standardized test. However,
opting out of a test should not mean that the child loses valuable
learning and education time. The legislation requires that children
who are opted-out of the standardized tests must be provided education
programming appropriate and consistent with the child's IEP.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:


None anticipated. Possible savings to school for the reduced cost of
administering an unknown number of tests.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S1938 - Bill Text download pdf

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

                                  1938

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced by Sen. PANEPINTO -- 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 9 to read as follows:
  9.  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06536-01-5

S. 1938                             2

  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.

co-Sponsors

2015-S1938A (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §4402, Ed L
Versions Introduced in 2013-2014 Legislative Session:: S6758

2015-S1938A (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.

2015-S1938A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1938A             REVISED MEMO 04/20/2015

TITLE OF BILL:  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

PURPOSE:

The bill will allow parents or the legal guardian of children with
special needs who have an established IEP to opt the child out of the
Common Core Standards testing and testing related to the APPR.

SUMMARY OF PROVISIONS:

Section 1. Is the Legislative Intent.

Section 2. Establishes that any parent or legal guardian of a child
with an established IEP, may opt their child out of the "Common Core
Standards" or APPR standardized testing, by providing written notice
any time prior to the administration of the test to the principal of
their school. It further requires that students who are opted out
shall be provided alternate education programming during the time of
testing that is appropriate and consistent with the child's IEP.

Section 3. Is the effective date. The bill takes effect immediately.

JUSTIFICATION:

During 2013 and 2014, the NYS Education Department held more than a
dozen public hearings, the Senate Education Committee held hearings,
and input was received from numerous parents, teachers and community
events throughout New York State. There are strong indications that
the testing that stems from the "Common Core Standards" and the Annual
Professional Performance Review (APPR) will not be consistent, nor
applied consistently, with each child's Individualized Education
Program (IEP), established pursuant to the federal Individuals with
Disabilities Education Act (IDEA).

IDEA mandates that children are provided a Free and Appropriate Public
Education (FAPE), regardless of disability. If the proposed testing
plan for a child is not deemed by the legal parent or guardian to be
consistent with the child's IEP, the parent should have the
opportunity to opt that child of the standardized test,. However,
opting out of a test should not mean that the child loses valuable
learning and education time. The legislation requires that children
who are opted-out of the standardized tests must be provided education
programming appropriate and consistent with the child's IEP.

LEGISLATIVE HISTORY:

Similar to S.6758 from 2014

FISCAL IMPLICATIONS:

None anticipated. Possible savings to school for the reduced cost of
administering an unknown number of tests.


EFFECTIVE DATE:

This act shall take effect immediately.

2015-S1938A (ACTIVE) - Bill Text download pdf

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

                                 1938--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced by Sen. PANEPINTO -- 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 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 9 to read as follows:
  9. A.  ANY PARENT OR LEGAL GUARDIAN OF A  CHILD  WITH  AN  ESTABLISHED
INDIVIDUALIZED  EDUCATION  PROGRAM (IEP) MAY, WITH WRITTEN NOTICE TO THE
PRINCIPAL OF THE SCHOOL THE CHILD IS ATTENDING AT ANY TIME PRIOR TO  THE
ADMINISTRATION  OF THE TEST, OPT THAT CHILD OUT OF ANY STANDARDIZED TEST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06536-02-5

S. 1938--A                          2

INCLUDING THE "COMMON  CORE  STANDARDS",  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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Senate Bill S1938A

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

Bill Amendments

2015-S1938 - Details

2015-S1938 - Summary

2015-S1938 - Sponsor Memo

2015-S1938 - Bill Text download pdf

co-Sponsors

2015-S1938A (ACTIVE) - Details

2015-S1938A (ACTIVE) - Summary

2015-S1938A (ACTIVE) - Sponsor Memo

2015-S1938A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Marc Panepinto

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

Bill Amendments

2015-S1938 - Details

2015-S1938 - Summary

2015-S1938 - Sponsor Memo

2015-S1938 - Bill Text download pdf

co-Sponsors

Leroy Comrie

George Latimer

Kevin S. Parker

Roxanne J. Persaud

2015-S1938A (ACTIVE) - Details

2015-S1938A (ACTIVE) - Summary

2015-S1938A (ACTIVE) - Sponsor Memo

2015-S1938A (ACTIVE) - Bill Text download pdf

Comments