senate Bill S5394A

2019-2020 Legislative Session

Relates to opting out of certain state assessments

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2019 referred to education
Jun 18, 2019 delivered to assembly
passed senate
ordered to third reading cal.1608
committee discharged and committed to rules
Jun 14, 2019 print number 5394a
Jun 14, 2019 amend (t) and recommit to education
Apr 29, 2019 referred to education

Co-Sponsors

S5394 - Details

See Assembly Version of this Bill:
A7744
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L

S5394 - 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.

S5394 - Sponsor Memo

S5394 - Bill Text download pdf


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

                                  5394

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 29, 2019
                               ___________

Introduced  by  Sen. JACKSON -- 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 "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

S5394A (ACTIVE) - Details

See Assembly Version of this Bill:
A7744
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L

S5394A (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.

S5394A (ACTIVE) - Sponsor Memo

S5394A (ACTIVE) - Bill Text download pdf


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

                                 5394--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 29, 2019
                               ___________

Introduced  by Sens. JACKSON, BENJAMIN, RAMOS, SALAZAR -- 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 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.

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

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