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A07744 Summary:

BILL NOA07744A
 
SAME ASSAME AS S05394-A
 
SPONSOREpstein
 
COSPNSRSantabarbara, Simon, D'Urso, Carroll, Reilly, Ra, DeStefano, Burke, Frontus, Jaffee, Bronson, Ramos, Johns, Barron, Ortiz
 
MLTSPNSRDe La Rosa, Lentol, Thiele
 
Amd 305, Ed L
 
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.
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A07744 Actions:

BILL NOA07744A
 
05/17/2019referred to education
06/14/2019amend (t) and recommit to education
06/14/2019print number 7744a
01/08/2020referred to education
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A07744 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7744A
 
SPONSOR: Epstein
  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 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 testing room or environment during scheduled state testing.or high- stakes testing times or makeup times: Parents must be informed of such alternative educational activity upon request and it is not a require- ment. that parents meet with a school district for the student to refuse to participate 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: S.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.
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A07744 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7744--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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:
 
     1    Section 1. Section 305 of the education law is amended by adding a new
     2  subdivision 60 to read as follows:
     3    60.  a.  The  commissioner  shall ensure that school districts provide
     4  notice to parents of students in  grades  three  through  eight  of  the
     5  parent's right to opt their student out of the grade three through eight
     6  English  language  arts and math state assessments. Such notice shall be
     7  developed by the department, written in clear and concise  language  and
     8  translated  in  the  six most common languages in the state.  The notice
     9  shall be made available on the department's website.
    10    b. The commissioner shall ensure that school districts provide parents
    11  of students in grades three through eight with the  notice  pursuant  to
    12  paragraph  a  of  this  subdivision. Such notification shall be given no
    13  later than thirty days after the start of the school year.
    14    c. The school district shall honor a  parent's  decision  to  exercise
    15  their  right  to  opt their student out of the grade three through eight
    16  English language arts and math state assessments.  The  school  district
    17  shall  be  prohibited  from  taking  punitive measures against a student
    18  whose parent has chosen to opt their student out  of  the  grades  three
    19  through eight English language arts and math state assessments.
    20    d.  Any  violation  of this subdivision may be subject to an appeal to
    21  the commissioner.
    22    § 2. This act shall take effect on the first of July  next  succeeding
    23  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.
                                                                   LBD10815-07-9
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