BILL NUMBER: S7247

SPONSOR: BROOKS
 
TITLE OF BILL:  An act to amend the education law, in relation to
allowing school districts to opt children with an individualized educa-
tion program out of the "common core standards" and certain testing

 
PURPOSE:

This bill will provide parents, legal guardians, or school districts the
ability to opt children with individual education plans (I.E.P.)  to
opt-out of the common core standards and/or certain testing.

 
SUMMARY OF PROVISIONS:

Section 1. Section 4402 of the education law is amended by adding a' new
subdivision 9 to read as follows:

9. a. Any parent, legal guardian or school district may elect to opt a
child with an established individualized education program (I.E.P.)  out
of any standardized test, including the "common core standards" or those
              

tests administered pursuant to chapter one hundred three of the laws of
two thousand ten. The school district shall be guided in its decision to
exempt such child from such tests by the members of the committee which
established the individualized education program.

b. The district, with the assistance of the members of the committee who
established the individualized education program of a child who is
opted-out of a test shall note in the records of such child the reasons
why the child was exempted from taking such test and shall be taught,
such as using existing New York State standards and methodologies, in a
manner that is appropriate and consistent with the child's individual-
ized education program.

§ 2. This act shall take effect immediately.

 
EXISTING LAW:

Currently there is no law that addresses this issue.

 
JUSTIFICATION:

Each child in public school who receives special education and related
services must have what is commonly referred to as an I.E.P. or an Indi-
vidualized Education Program. Each I.E.P. must be designed for one
student and must be a truly individualized document. The I.E.P.  creates
an opportunity for teachers, parents, school administrators, related
services personnel and students (when appropriate) to work together to
improve educational results for children with disabilities.  The I.E.P.
is the cornerstone of a quality education for each child with a disabil-
ity.

There has been a great deal of discussion about the Common Core Curric-
ulum over the past several months. That said, we must take into consid-
eration those students that have been determined to have special needs.
It has already been determined by law that individuals with special
needs must have Individual Educational Plans that include certain infor-
mation about the child and the educational program designed to meet his
or her unique needs. This information covers topics such as current
performance, annual goals, special education and related services,
accommodations, participation in state and district-wide tests, needed
transition services and measured progress.

To create an effective I.E.P., parents, teachers, other school staff and
often the student must come together to look closely at the student's
unique need. These individuals pool knowledge, experience and commitment
to design an educational program that will help the student be involved
in, and progress in, the general curriculum. The I.E.P. guides the
delivery of special education supports and services for the student with
a disability.

There is a process to follow before a child can be determined a child
with special needs.

1. Child is first identified as possibly needing special education and
related services.

2. Child is then evaluated.

3. Eligibility is decided.

4. Child is found eligible for services.

5. I.E.P. meeting is scheduled.

6. I.E.P. meeting is held and the I.E.P. is written.

7. Services are provided.

8. Progress is measured and reported to parents.

9. I.E.P. is reviewed.

10. Child is reevaluated.

This legislation recognizes the I.E.P. and its sole purpose of providing
courses for students that are curriculum appropriate. Who knows better
the true needs of students with special needs than those people working
with these children on a daily basis? This bill also provides the local
school districts along with I.E.P. team members an opportunity to exempt
special needs students from participating in the common core curriculum
and/or high stakes testing if they feel it is appropriate and meets that
particular students needs. In exempting the student however, the
district and/or the team members will clearly state as part of the indi-
viduals records such reasons. This will insure that any questions aris-
ing in the future as to the decision can be answered completely by
simply referring back to those individual student's records.

 
LEGISLATIVE HISTORY:

2017: 51942
2015-16: S6337  
 2013-14: S6832/A9253-A

 
FISCAL IMPLICATIONS:

TO BE DETERMINED

 
LOCAL FISCAL IMPLICATIONS:

TO BE DETERMINED.

 
EFFECTIVE DATE:
THIS ACT SHALL TAKE EFFECT IMMEDIATELY.