NY State Senate Bill 2017-S2091

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
Jan 12, 2017	referred to education

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2017-S2091 (ACTIVE) - Details

See Assembly Version of this Bill:: A7084
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in 2015-2016 Legislative Session:: S4161, A6025

2017-S2091 (ACTIVE) - Summary

Enacts the common core parental refusal act.

2017-S2091 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2091

 TITLE OF BILL :

An act to amend the education law, in relation to enacting the "common
core parental refusal act"

 PURPOSE :

The purpose of this bill is to ensure school districts notify parents
of students via written communication in grades three through eight
that such students may refuse to participate in all state testing
provided by Pearson Incorporated or any other State testing based on
Common Core standards.

 SUMMARY OF PROVISIONS :

Amends Section 305 of the Education Law by adding a new subdivision
51-b which calls upon the Commissioner to ensure that school districts
notify parents of students in grades three through eight, either by
mail and/or mailed letter, that such students may refuse to
participate in all state testing provided by Pearson or any other
state testing based on common core standards. Such notification shall
be given no sooner than fourteen days and no later than seven days
before the scheduled administration of such testing.

Ensures and outlines a universal notification method be posted on
school district websites as well as a universal method for parental
response.

Prohibits punitive measures for test refusal against:

*A particular district in the form of withheld state aid.
*A particular school within a district for low participation rates.
*A teacher or consideration when evaluating a teacher's performance.
*A student, nor a reward for those students who do participate in such
exams.

Moreover, those students not participating in such exams will be
provided alternate educational activity at such times these tests are
being administered by virtue of this subdivision.

Section two establishes the effective date.

 JUSTIFICATION :

Both parents and teachers have expressed concern over the direction
testing of our children has taken in New York State and in particular
in regards to how such testing of the new Common Core standards is
being applied along with the high stakes associated with the results
of such tests. These high-stakes, standardized, Common Core tests have
been widely considered a fatally flawed proxy for genuine evaluation.
In the year 2014 alone, parents of 60,000 students refused New York
State Common Core tests.

This bill codifies that parents receive proper notification of their
rights as it relates to refusing to have their children participate in
these field tests.

More importantly, it protects school districts, individual schools,
teachers, and students alike from facing any withholding of funds,
state takeovers, sanctions, negative impact on a teacher's evaluation
or any other punitive measures associated with the outcomes related to
test refusal.

 LEGISLATIVE HISTORY :
2015-2016: S.4161A - Referred to Education

 FISCAL IMPLICATIONS :

None to State, minimal to school districts

 EFFECTIVE DATE :
This act shall take effect immediately

2017-S2091 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2091
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sens.  MURPHY,  TEDISCO, CROCI, FUNKE, GALLIVAN, GRIFFO,
   MARCHIONE -- 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 enacting the "common
   core parental refusal act"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short title.  This act shall be known and may be cited as
 the "common core parental refusal act".
   § 2. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 51-b to read as follows:
   51-B.  THE  COMMISSIONER  SHALL  ENSURE  THAT  SCHOOL DISTRICTS NOTIFY
 PARENTS OF STUDENTS IN GRADES  THREE  THROUGH  EIGHT,  EITHER  BY  EMAIL
 AND/OR  A MAILED LETTER, THAT SUCH STUDENTS MAY REFUSE TO PARTICIPATE IN
 ALL STATE TESTING PROVIDED BY PEARSON OR ANY OTHER STATE  TESTING  BASED
 ON  COMMON  CORE  STANDARDS.  SUCH NOTIFICATION SHALL BE GIVEN NO SOONER
 THAN FOURTEEN DAYS AND NO LATER THAN SEVEN DAYS PRIOR TO  THE  SCHEDULED
 ADMINISTRATION  OF  SUCH  TESTING.    SUCH  NOTIFICATION  SHALL  READ AS
 FOLLOWS:
   "IT IS THE RIGHT OF EVERY PARENT TO DIRECT THE UPBRINGING  AND  EDUCA-
 TION  OF  THEIR CHILDREN. PARENTS MAY REFUSE TO PERMIT THEIR CHILDREN TO
 TAKE STATE TESTING PROVIDED BY PEARSON OR ANY OTHER STATE TESTING  BASED
 ON COMMON CORE STANDARDS. PARENTS WHO REFUSE TO PERMIT THEIR CHILDREN TO
 TAKE  SUCH  TESTS MAY FILL OUT AND RETURN THE ATTACHED FORM. NO PUNITIVE
 MEASURES MAY BE TAKEN AGAINST STUDENTS WHO REFUSE TO PARTICIPATE IN SUCH
 TESTING, NOR SHALL STUDENTS WHO DO PARTICIPATE IN SUCH  TESTING  RECEIVE
 ANY INCENTIVE OR REWARD FOR DOING SO."
   THE  TEXT  OF  SUCH  NOTIFICATION  SHALL  BE POSTED ON SCHOOL DISTRICT
 WEBSITES.
   THE RESPONSE FORM, WHICH SHALL BE CONTAINED WITHIN  THE  NOTIFICATION,
 SHALL READ AS FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02223-01-7

 S. 2091                             2
 
   "AS  THE PARENT OR LEGAL GUARDIAN OF ___________(CHILD'S FULL NAME), I
 RESPECTFULLY AND FORMALLY STATE MY REFUSAL TO PERMIT MY  CHILD  TO  TAKE
 PART  IN TESTING PROVIDED BY PEARSON OR ANY OTHER STATE TESTING BASED ON
 COMMON CORE STANDARDS. MY CHILD SHALL BE SCORED AS A  'REFUSAL',  RATHER
 THAN  AS 'ABSENT', IN ACCORDANCE WITH THE STUDENT INFORMATION REPOSITORY
 SYSTEM, AND THEREFORE MY CHILD WILL  CONTINUE  TO  RECEIVE  A  FREE  AND
 APPROPRIATE  PUBLIC  EDUCATION  IN HIS/HER REGULAR CLASSROOM ENVIRONMENT
 DURING THE ADMINISTRATION OF ALL MAKEUP  TEST  PERIODS  AS  THIS  LETTER
 PROVIDES WRITTEN VERIFICATION OF A 'REFUSAL' FOR ALL TESTS."
   NOTWITHSTANDING  ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, IT
 SHALL BE UNLAWFUL FOR ANY  SCHOOL  DISTRICT  TO  REQUIRE  A  STUDENT  TO
 PARTICIPATE  IN  TESTING  PROVIDED BY PEARSON OR ANY OTHER STATE TESTING
 BASED ON COMMON CORE STANDARDS. IT SHALL FURTHER  BE  UNLAWFUL  FOR  ANY
 SCHOOL DISTRICT TO TAKE PUNITIVE MEASURES AGAINST STUDENTS WHO REFUSE TO
 PARTICIPATE  IN SUCH TESTING, OR PROVIDE ANY FORM OF INCENTIVE OR REWARD
 FOR STUDENTS WHO DO  SO  PARTICIPATE.  SCHOOL  DISTRICTS  SHALL  PROVIDE
 STUDENTS WHOSE PARENTS REFUSE TO PERMIT THEIR TESTING PARTICIPATION WITH
 AN  ALTERNATE EDUCATIONAL ACTIVITY DURING SCHEDULED STATE TESTING TIMES.
 IT SHALL BE UNLAWFUL FOR SCHOOL DISTRICTS TO REQUIRE SUCH STUDENTS TO BE
 PLACED IN A TESTING ROOM OR ENVIRONMENT DURING SCHEDULED  STATE  TESTING
 TIMES  OR  MAKEUP TIMES.   NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION
 TWO OF SECTION THREE HUNDRED SIX OF THIS ARTICLE, STATE AID FOR  SCHOOLS
 SHALL NOT BE CONTINGENT ON OR IN ANY WAY AFFECTED BY THE STUDENT PARTIC-
 IPATION  RATE FOR TESTING PROVIDED BY PEARSON OR ANY OTHER STATE TESTING
 BASED ON COMMON CORE STANDARDS.  NOTWITHSTANDING ANY OTHER LAW, RULE  OR
 REGULATION  TO THE CONTRARY, SCORE RESULTS ON PEARSON OR ANY OTHER STATE
 TESTING BASED ON COMMON CORE STANDARDS SHALL NOT CONSTITUTE  GROUNDS  OR
 BE  CONSIDERED  AS A FACTOR FOR DETERMINING WHETHER A SCHOOL IS A CHRON-
 ICALLY UNDERPERFORMING OR FAILING SCHOOL.  NOR SHALL A  SCHOOL  DISTRICT
 GIVE  ANY CONSIDERATION TO CLASSROOM PARTICIPATION RATES IN SUCH TESTING
 WHEN EVALUATING TEACHER PERFORMANCE OR MAKING  PERSONNEL  DECISIONS.  IT
 SHALL  LIKEWISE BE UNLAWFUL FOR A SCHOOL DISTRICT TO RE-ALLOCATE FUNDING
 AMONG OR BETWEEN SCHOOLS WITHIN SUCH DISTRICT BASED ON  STUDENT  PARTIC-
 IPATION RATES FOR SUCH TESTING.
   § 3. This act shall take effect immediately.

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Senate Bill S2091

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

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co-Sponsors

2017-S2091 (ACTIVE) - Details

2017-S2091 (ACTIVE) - Summary

2017-S2091 (ACTIVE) - Sponsor Memo

2017-S2091 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

co-Sponsors

2017-S2091 (ACTIVE) - Details

2017-S2091 (ACTIVE) - Summary

2017-S2091 (ACTIVE) - Sponsor Memo

2017-S2091 (ACTIVE) - Bill Text download pdf

Comments