Allows parents and legal guardians of children with an individualized education program to opt such children out of the "common core standards" and certain testing

4 Co-sponsors

• Leroy Comrie
• George Latimer
• Kevin S. Parker
• Roxanne J. Persaud

BILL NUMBER:S1938A REVISED MEMO 04/20/2015

Title of bill

An act to amend the education law, in relation to allowing parents and legal guardians of children with an individualized education program to opt such children out of the "common core standards" and certain testing

Purpose

The bill will allow parents or the legal guardian of children with special needs who have an established IEP to opt the child out of the Common Core Standards testing and testing related to the APPR.

Summary of provisions

Section 1. Is the Legislative Intent.

Section 2. Establishes that any parent or legal guardian of a child with an established IEP, may opt their child out of the "Common Core Standards" or APPR standardized testing, by providing written notice any time prior to the administration of the test to the principal of their school. It further requires that students who are opted out shall be provided alternate education programming during the time of testing that is appropriate and consistent with the child's IEP.

Section 3. Is the effective date. The bill takes effect immediately.

Justification

During 2013 and 2014, the NYS Education Department held more than a dozen public hearings, the Senate Education Committee held hearings, and input was received from numerous parents, teachers and community events throughout New York State. There are strong indications that the testing that stems from the "Common Core Standards" and the Annual Professional Performance Review (APPR) will not be consistent, nor applied consistently, with each child's Individualized Education Program (IEP), established pursuant to the federal Individuals with Disabilities Education Act (IDEA).

IDEA mandates that children are provided a Free and Appropriate Public Education (FAPE), regardless of disability. If the proposed testing plan for a child is not deemed by the legal parent or guardian to be consistent with the child's IEP, the parent should have the opportunity to opt that child of the standardized test,. However, opting out of a test should not mean that the child loses valuable learning and education time. The legislation requires that children who are opted-out of the standardized tests must be provided education programming appropriate and consistent with the child's IEP.

Legislative history

Similar to S.6758 from 2014

Fiscal implications

None anticipated. Possible savings to school for the reduced cost of administering an unknown number of tests.

Effective date

This act shall take effect immediately.