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
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to education
Jun 14, 2019 print number 7744a
Jun 14, 2019 amend (t) and recommit to education
May 17, 2019 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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Multi-Sponsors

A7744 - Details

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

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.

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

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Multi-Sponsors

A7744A (ACTIVE) - Details

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

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.

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.