What's happening
This bill requires schools to notify parents of their right to opt out of grades 3-8 state English and math assessments, and prohibits penalties for opting out.
Why it matters
Empowers parents with clear, accessible information. by requiring schools to proactively inform them—in multiple languages—about their legal right to opt their children out of certain standardized tests, which helps ensure all families can make informed decisions regardless of language barriers.
Protects students from negative consequences. by explicitly prohibiting schools from imposing punitive measures (such as disciplinary actions or exclusion from activities) on students who are opted out, reducing fear or pressure associated with opting out.
Introduces accountability for compliance. by allowing parents to appeal to the state commissioner if a school district violates these requirements, giving families a formal recourse to address grievances and enforce their rights.
May influence educational policy and assessment practices. by potentially increasing opt-out rates, which could impact how schools, districts, and the state interpret and use standardized test data for evaluating student and school performance.
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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 thirty days after the school year starts.
Students in grades three through eight
School districts would be prohibited from punishing them for their parents’ decision to opt them out of those assessments.
School districts
They would have to distribute the notice and honor parents’ opt-out decisions, with violations subject to appeal to the education commissioner.
State Education Department
It would have to develop a clear, concise notice, translate it into the state’s six most common languages and post it on its website.
Headline styles
Let Parents Opt Out Testing
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to education
- Returned to senate
- Died in assembly
- Referred to education
- Delivered to assembly
- Passed senateVote 58–4
- Ordered to third reading cal.1608
- Committee discharged and committed to rules
- Print number 5394a
- 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 Refuse State Tests
In Assembly Committee · Education · Sponsor Harvey Epstein
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5394--A
2019-2020 Regular Sessions
IN SENATE
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 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.
LBD10815-06-9
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 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.