Assembly Bill A7744A

2019-2020 Legislative Session

Relates to opting out of certain state assessments

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Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A7744 - Details

See Senate Version of this Bill:
S5394
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L

2019-A7744 - Summary

Provides for a parent to choose to opt their student out of the grade three through eight English language arts and math state assessments, and requires the commissioner of education to provide notice to parents of such right.

2019-A7744 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7744
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2019
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation to enacting the "right to
   opt out of high-stakes testing 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 "right to opt out of high-stakes testing act".
   § 2. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 51-b to read as follows:
   51-B.  A.  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 OR ANY OTHER HIGH-STAKES  TESTING.  SUCH  NOTIFICATION
 SHALL BE GIVEN NO SOONER THAN THIRTY SCHOOL DAYS AND NO LATER THAN SEVEN
 SCHOOL 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 OR ANY OTHER HIGH-STAKES TESTING. PARENTS WHO REFUSE
 TO PERMIT THEIR CHILDREN TO TAKE SUCH TESTS MAY SEND A LETTER CONTAINING
 THE FULL NAME OF THE STUDENT, THE NAME OF THE TEST OR A  DESCRIPTION  OF
 THE  TEST  SO  IT  MAY  BE PROPERLY IDENTIFIED, AND THE SIGNATURE OF THE
 STUDENT'S PARENT OR LEGAL GUARDIAN. 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 IN THE MOST COMMON SPOKEN LANGUAGES IN THE STATE.
   B. STUDENTS WHO DO NOT PARTICIPATE IN ANY STATE TESTING OR  ANY  OTHER
 HIGH-STAKES  TESTING  SHALL  BE  SCORED  AS  A "REFUSAL", RATHER THAN AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2019-A7744A (ACTIVE) - Details

See Senate Version of this Bill:
S5394
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L

2019-A7744A (ACTIVE) - Summary

Provides for a parent to choose to opt their student out of the grade three through eight English language arts and math state assessments, and requires the commissioner of education to provide notice to parents of such right.

2019-A7744A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7744--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2019
                                ___________
 
 Introduced  by  M.  of A. EPSTEIN, SANTABARBARA, SIMON, D'URSO, CARROLL,
   REILLY, RA, DeSTEFANO, BURKE, FRONTUS, JAFFEE, BRONSON,  RAMOS,  JOHNS
   --  Multi-Sponsored  by -- M. of A. DE LA ROSA, LENTOL, THIELE -- read
   once  and  referred  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 opting out of certain
   state assessments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 60 to read as follows:
   60.  A.  THE  COMMISSIONER  SHALL ENSURE THAT SCHOOL DISTRICTS PROVIDE
 NOTICE TO PARENTS OF STUDENTS IN  GRADES  THREE  THROUGH  EIGHT  OF  THE
 PARENT'S RIGHT TO OPT THEIR STUDENT OUT OF THE GRADE THREE THROUGH EIGHT
 ENGLISH  LANGUAGE  ARTS AND MATH STATE ASSESSMENTS. SUCH NOTICE SHALL BE
 DEVELOPED BY THE DEPARTMENT, WRITTEN IN CLEAR AND CONCISE  LANGUAGE  AND
 TRANSLATED  IN  THE  SIX MOST COMMON LANGUAGES IN THE STATE.  THE NOTICE
 SHALL BE MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   B. THE COMMISSIONER SHALL ENSURE THAT SCHOOL DISTRICTS PROVIDE PARENTS
 OF STUDENTS IN GRADES THREE THROUGH EIGHT WITH THE  NOTICE  PURSUANT  TO
 PARAGRAPH  A  OF  THIS  SUBDIVISION. SUCH NOTIFICATION SHALL BE GIVEN NO
 LATER THAN THIRTY DAYS AFTER THE START OF THE SCHOOL YEAR.
   C. THE SCHOOL DISTRICT SHALL HONOR A  PARENT'S  DECISION  TO  EXERCISE
 THEIR  RIGHT  TO  OPT THEIR STUDENT OUT OF THE GRADE THREE THROUGH EIGHT
 ENGLISH LANGUAGE ARTS AND MATH STATE ASSESSMENTS.  THE  SCHOOL  DISTRICT
 SHALL  BE  PROHIBITED  FROM  TAKING  PUNITIVE MEASURES AGAINST A STUDENT
 WHOSE PARENT HAS CHOSEN TO OPT THEIR STUDENT OUT  OF  THE  GRADES  THREE
 THROUGH EIGHT ENGLISH LANGUAGE ARTS AND MATH STATE ASSESSMENTS.
   D.  ANY  VIOLATION  OF THIS SUBDIVISION MAY BE SUBJECT TO AN APPEAL TO
 THE COMMISSIONER.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.

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