What's happening
This bill requires schools to notify parents of their right to opt children out of state English and math assessments in grades 3-8, and prohibits schools from punishing students for opting out.
Why it matters
Empowers parents with clear information. By requiring schools to notify parents in multiple languages about their opt-out rights, the bill ensures that families from diverse backgrounds are fully informed and able to make decisions about state testing.
Protects students from retaliation. The prohibition on punitive measures against students who opt out addresses concerns that children might be singled out, disciplined, or face negative academic consequences for exercising these rights.
Standardizes notification procedures statewide. By mandating that the Department of Education develop and disseminate the notification, the bill aims to ensure consistency and fairness in how all school districts inform families, reducing confusion and uneven practices.
Provides a formal avenue for complaints. Allowing violations to be appealed to the commissioner gives parents recourse if districts fail to honor opt-out requests or retaliate, potentially increasing school accountability and transparency.
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Who cares
Parents of students in grades three through eight
They would receive notice of their right to opt their children out of state English language arts and math assessments within 30 days after the school year starts.
Students in grades three through eight
School districts would be barred from taking punitive measures against students whose parents opt them out of those assessments.
School districts
They would have to distribute the opt-out notice and honor parents’ decisions to opt their children out.
State Education Department and education commissioner
The department would develop and post a clear notice translated into the six most common languages in the state, while the commissioner would ensure district compliance and hear appeals over alleged violations.
Headline styles
Let Parents Refuse State Tests
Plain English, a few words. Used as the page title.
Sponsors
15 Co-sponsors
3 Multi-sponsors
History
- Referred to education
- Print number 7744a
- Amend (t) and recommit to education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Parents Opt Out Testing
In Senate Committee · Education · Sponsor Robert Jackson
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, 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.
LBD10815-07-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.