NY State Senate Bill S5394A

Archive: Last Bill Status - In Senate Committee Education Committee

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to education returned to senate died in assembly
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

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S5394 - Details

See Assembly Version of this Bill:: A7744
Current Committee:: Senate 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

 
BILL NUMBER: S5394

SPONSOR: JACKSON
 
TITLE OF BILL:  An act to amend the education law, in relation to
enacting the "right to opt out of high-stakes testing 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 or high-
stakes testing.

 
SUMMARY OF PROVISIONS: Section 1 is the short title.

Section 2 amends Section 305 of the Education Law by adding a new Subdi-
vision 51-b. The commissioner would be required to ensure that school
districts notify parents of students in grades three through eight,
either by email and/or mailed letter, that such students may refuse to
participate in all state testing or high-stakes testing.  Such notifica-
tion shall be given no sooner than thirty school days and no later than

seven school days before the scheduled administration of such testing.

This legislation ensures and outlines a universal notification method be
posted on school district websites as well as a universal method for
parental response. Students that do not participate in state testing or
high-stakes testing would be scored as "refusal", rather than "absent",
in accordance with the student information repository system. Students
that do not participate in such testing shall continue to receive a free
and appropriate public education in their regular classroom environment
during the administration of all makeup test periods.

This legislation would also prohibit 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; or

A student, nor a reward for those students who do participate in such
exams.

Punitive measures include, but are not limited to, threats of repeating
a school grade, mandating after school attendance, mandating summer
school attendance or any negative academic impact as a result of a
student's refusal to participate in any state testing or any other high-
stakes testing.

Students that do not participate in state testing or high-stakes testing
will be provided alternate educational activity at such times these
tests are being administered. Those students cannot be placed in a test-
ing room or environment during scheduled state testing or high-stakes
testing times or makeup times. Parents must be informed of such alterna-
tive educational activity upon request and it is not a requirement that
parents meet with a school district for the student to refuse to partic-
ipate in testing or be provided with an alternate educational activity.

Additionally, school districts would be prohibited from soliciting or
encouraging students to opt-out of state testing or high-stakes testing,
and that any written request by a parent or legal guardian to excuse
their child from taking such exams must be granted.

"High-stakes testing" shall mean testing where the results of such tests
are used by the commissioner, board of education, or school district to:
(1) determine a student's admission to a public school or program; (2)
evaluate the performance of a teacher or school administrator; or (3)
categorize a school as high-performing, performing, low-performing,
underperforming, needing improvement, or failing.

Section 3 establishes the effective date.

 
JUSTIFICATION:

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 testing is being applied along with the high stakes associated
with the results of such tests. These state tests and high-stakes tests
have been widely considered a fatally flawed proxy for genuine evalu-
ation.

This bill codifies that parents receive proper notification of their
rights as it relates to refusing to have their children participate in
any state tests or high-stakes testing.

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:

2017-2018: 5.2091 - Referred to Education/A.7084 - Referred to Education
2015-2016: S.4161-A - Amend and recommit to Education/A.6025-A - Held
for consideration in Education

 
FISCAL IMPLICATIONS:

None to the State, minimal to school districts.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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.

                                                           LBD10815-03-9

S. 5394                             2

"ABSENT", IN ACCORDANCE WITH THE STUDENT INFORMATION REPOSITORY  SYSTEM.
STUDENTS  WHO DO NOT PARTICIPATE IN ANY STATE TESTING OR ANY OTHER HIGH-
STAKES TESTING SHALL CONTINUE TO RECEIVE A FREE AND  APPROPRIATE  PUBLIC
EDUCATION  IN  THEIR  REGULAR  CLASSROOM ENVIRONMENT DURING THE ADMINIS-
TRATION OF ALL MAKEUP TEST PERIODS.
  C. 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 ANY STATE TESTING OR ANY OTHER  HIGH-STAKES  TESTING.  IT
SHALL FURTHER BE UNLAWFUL FOR ANY SCHOOL DISTRICT TO TAKE PUNITIVE MEAS-
URES  AGAINST  STUDENTS  WHO  REFUSE  TO PARTICIPATE IN SUCH TESTING, OR
PROVIDE ANY FORM OF INCENTIVE OR REWARD FOR STUDENTS WHO DO  SO  PARTIC-
IPATE.  PUNITIVE  MEASURES  INCLUDE,  BUT ARE NOT LIMITED TO, THREATS OF
REPEATING A SCHOOL GRADE, MANDATING AFTER SCHOOL  ATTENDANCE,  MANDATING
SUMMER  SCHOOL ATTENDANCE OR ANY NEGATIVE ACADEMIC IMPACT AS A RESULT OF
A STUDENT'S REFUSAL TO PARTICIPATE IN ANY STATE  TESTING  OR  ANY  OTHER
HIGH-STAKES  TESTING.  SCHOOL  DISTRICTS  SHALL  PROVIDE  STUDENTS WHOSE
PARENTS REFUSE TO PERMIT THEIR TESTING PARTICIPATION WITH  AN  ALTERNATE
EDUCATIONAL ACTIVITY DURING SCHEDULED STATE TESTING TIMES. PARENTS SHALL
BE  INFORMED  OF  SUCH ALTERNATIVE EDUCATIONAL ACTIVITY UPON REQUEST. 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, HIGH-STAKES TESTING TIMES OR MAKEUP TIMES. IT  SHALL  FURTHER  BE
UNLAWFUL  FOR  A  SCHOOL  DISTRICT TO REQUIRE A MEETING WITH A STUDENT'S
PARENTS AS A PREREQUISITE FOR  REFUSAL  TO  PARTICIPATE  IN  TESTING  OR
PROVIDE AN ALTERNATE EDUCATIONAL ACTIVITY DURING SCHEDULED STATE TESTING
OR HIGH-STAKES TESTING TIMES.
  D.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF SECTION THREE
HUNDRED SIX OF THIS ARTICLE, STATE AID FOR SCHOOLS SHALL NOT BE  CONTIN-
GENT ON OR IN ANY WAY AFFECTED BY THE STUDENT PARTICIPATION RATE FOR ANY
STATE  TESTING  OR  ANY  OTHER  HIGH-STAKES TESTING. NOTWITHSTANDING ANY
OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,  SCORE  RESULTS  ON  ANY
STATE  TESTING  OR  ANY  OTHER  HIGH-STAKES TESTING SHALL NOT CONSTITUTE
GROUNDS OR BE CONSIDERED AS A FACTOR FOR DETERMINING WHETHER A SCHOOL IS
A CHRONICALLY LOW-PERFORMING, UNDERPERFORMING  OR  FAILING  SCHOOL.  NOR
SHALL  A  SCHOOL  DISTRICT  GIVE  ANY CONSIDERATION TO CLASSROOM PARTIC-
IPATION 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 PARTICIPATION RATES FOR SUCH TESTING.
  E.  SCHOOL  DISTRICTS  SHALL  NOT  SOLICIT  OR  ENCOURAGE  ANY WRITTEN
EXEMPTION REQUEST ON BEHALF OF ANY STUDENT OR GROUP OF STUDENTS.
  F. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,
A  PARENT'S OR LEGAL GUARDIAN'S WRITTEN REQUEST TO SCHOOL DISTRICT OFFI-
CIALS TO EXCUSE THEIR CHILD FROM ANY OR ALL STATE TESTING OR  ANY  HIGH-
STAKES TESTING PURSUANT TO THIS SUBDIVISION SHALL BE GRANTED.
  G.  AS  USED IN THIS SUBDIVISION, THE TERM "HIGH-STAKES TESTING" SHALL
MEAN TESTING WHERE THE RESULTS OF SUCH TESTS ARE USED BY THE COMMISSION-
ER, THE BOARD OF EDUCATION OR SCHOOL DISTRICT TO:
  (1) DETERMINE A STUDENT'S ADMISSION TO A PUBLIC SCHOOL OR PROGRAM;
  (2) EVALUATE THE PERFORMANCE OF A TEACHER OR SCHOOL ADMINISTRATOR; OR
  (3) CATEGORIZE A SCHOOL AS HIGH-PERFORMING,  PERFORMING,  LOW-PERFORM-
ING, UNDERPERFORMING, NEEDING IMPROVEMENT OR FAILING.
  § 3. This act shall take effect immediately.

Co-Sponsors

S5394A (ACTIVE) - Details

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

S5394A (ACTIVE) - Summary

S5394A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5394A

SPONSOR: JACKSON
 
TITLE OF BILL:  An act to amend the education law, in relation to
opting out of certain state assessments

 
PURPOSE:

The purpose of this bill is to ensure school districts provide notice to
parents of students in grades three through of the parent's right to opt
their child out of the grade three through eight English language arts
and math state assessments.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 305 of the Education Law by adding a new subdi-
vision 60. 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. The notice shall be
developed by the State Education Department, written in clear and

concise language, and translated in the six most common languages in the
State, and the notice shall be made available on the State Education
Department's website. This notice shall be given no later than 30 days
after the start of the school year.  School district's shall honor a
parent's right to exercise their right to opt out of these state assess-
ments and shall be prohibited from taking punitive measures against a
student whose parent has chosen to opt their student out of these
assessments. Any violation may be subject to an appeal to the commis-
sioner.

Section 2 is the effective date.

 
JUSTIFICATION:

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 testing is being applied along with the high stakes associated
with the results of such assessments. These state tests have been widely
considered a fatally flawed proxy for genuine evaluation.

This bill codifies that parents receive proper notification of their
rights as it relates to refusing to have their children participate in
grades three through eight English language arts and math state assess-
ments.

More importantly, it prohibits a school district from taking punitive
measures against a student whose parent has exercised their right to opt
their child out of these state assessments.

 
LEGISLATIVE HISTORY:

2017-2018: 5.2091- Referred to EducationlA.7084 - Referred to Education
2015-2016: S.4161-A - Amend and recommit to Education/A.6025-A - Held
for consideration in Education

 
FISCAL IMPLICATIONS:

None to the State, minimal to school districts.
 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become law.

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.

                                                           LBD10815-06-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S5394A

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Your Voice

Actions

Votes

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

Jun 18, 2019 - Rules committee Vote

Rules Committee Vote: Jun 18, 2019

Bill Amendments

Co-Sponsors

S5394 - Details

S5394 - Summary

S5394 - Sponsor Memo

S5394 - Bill Text download pdf

Co-Sponsors

S5394A (ACTIVE) - Details

S5394A (ACTIVE) - Summary

S5394A (ACTIVE) - Sponsor Memo

S5394A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5394A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Your Voice

Actions

Votes

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

Jun 18, 2019 - Rules committee Vote

Rules Committee Vote: Jun 18, 2019

Bill Amendments

Co-Sponsors

S5394 - Details

S5394 - Summary

S5394 - Sponsor Memo

S5394 - Bill Text download pdf

Co-Sponsors

S5394A (ACTIVE) - Details

S5394A (ACTIVE) - Summary

S5394A (ACTIVE) - Sponsor Memo

S5394A (ACTIVE) - Bill Text download pdf

Comments