What's happening
This bill allows parents or school districts to opt students with IEPs out of standardized tests, including Common Core, in New York.
Why it matters
Empowers parents and school districts. The bill gives both parents/guardians and school districts the authority to decide if a student with an IEP should skip standardized tests, increasing local control over special education decisions.
Individualized approach to assessment. Decisions to opt out must involve the student’s IEP committee, ensuring that exemptions are based on personalized education needs rather than a blanket policy.
Requires documentation and accountability. Schools must record the reasons for opting out and specify alternative teaching methods aligned with New York state standards, promoting transparency and continued educational planning for each student.
Potentially reduces test-related stress. By allowing opt-outs, the bill acknowledges that standardized tests may not be appropriate for all students with disabilities, aiming to reduce anxiety and provide more suitable educational experiences.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Opt-Out for IEP Testing
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 8
No co-sponsors yet.
History
- Referred to education
- Referred to education
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1664
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sen. BROOKS -- 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 allowing school districts to opt children with an individualized education program out of the "common core standards" and certain testing
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4402 of the education law is amended by adding a new subdivision 9 to read as follows:
9. a. Any parent, legal guardian or school district may elect to opt a child with an established individualized education program (IEP) out of any standardized test, including the "common core standards", or those tests administered pursuant to chapter one hundred three of the laws of two thousand ten. The school district shall be guided in its decision to exempt such child from such tests by the members of the committee which established the individualized education program.
b. The district, with the assistance of the members of the committee who established the individualized education program of a child who is opted-out of a test shall note in the records of such child the reasons why the child was exempted from taking such test and shall also identify how the child shall be taught, such as using existing New York state standards and methodologies, in a manner that is appropriate and consistent with the child's individualized education program.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06901-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to allowing school districts to opt children with an individualized education program out of the "common core standards" and certain testing
Purpose
The purpose of this bill is to allow children with individual education plans the ability to opt-out of the common core standards and/or certain testing.
Summary of provisions
Section 1. amends section 4402 of the education law by adding a new subdivision 10 which provides parents, legal guardians, or school districts the ability to opt children with an individualized education program out of certain standardized tests, common core standards, or testing associated with the annual professional performance review of classroom teachers.
Section 2. is the enacting clause.
Justification
Each child in public school who receives special education and related services must have what is referred to as an Individualized Education Program or an IEP. Each IEP is uniquely designed to fit the needs of the student it serves. The IEP creates an opportunity for teachers, parents, school administrators, related services personnel, and students (when appropriate) to work together, to improve educational outcomes for chil- dren with disabilities.
To create an effective IEP, parents, teachers, other school staff and often the student must come together to identify the student's unique needs. These individuals pool knowledge, experience, and commitment to design an educational program that will help the student be involved in, and progress in, the general curriculum. Additionally, the IEP guides the delivery of special education supports and services for students with special needs.
This legislation recognizes the IEP, and its sole purpose of providing an appropriate curriculum for students with disabilities. This bill provides local school districts, along with the IEP team an opportunity to exempt special needs students from participating in the common core curriculum and/or high stakes testing if appropriate. In exempting the student however, the district and/or the IEP team members will record in detail their reasoning. This will ensure that any questions arising in the future as to the decision can be answered by simply referring back to the student's records.
Fiscal implications
None to the state
Effective date
This act shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.