NY State Senate Bill 2015-S4161A

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2016	print number 4161a
Jan 15, 2016	amend and recommit to education
Jan 06, 2016	referred to education
Mar 04, 2015	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2015-S4161 - Details

See Assembly Version of this Bill:: A6025
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S2091, A7084

2015-S4161 - Summary

Enacts the common core parental refusal act.

2015-S4161 - Sponsor Memo

                                BILL NUMBER:S4161

TITLE OF BILL:

An act to amend the education law, in relation to enacting the "common
core parental refusal act"

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
provided by Pearson Incorporated or any other State testing based on
Common Core standards.

SUMMARY OF PROVISIONS:

Amends Section 305 of the Education Law by adding a new subdivision
51-a which calls upon the Commissioner to ensure that school districts
notify parents of students in grades three through eight, either by
mail and/or mailed letter, that such students may refuse to
participate in all state testing provided by Pearson or any other
state testing based on common core standards. Such notification shall
be given no sooner than fourteen days and no later than seven days
before the scheduled administration of such testing.

Ensures and outlines a universal notification method be posted on
school district websites as well as a universal method for parental
response.

* Prohibits 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.

* A student, nor a reward for those students who do participate in
such exams.

Moreover, those students not participating in such exams will be
provided alternate educational activity at such times these tests are
being administered by virtue of this subdivision.

JUSTIFICATION:

Both 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 such testing of the new Common Core standards is
being applied along with the high stakes associated with the results
of such tests. These high-stakes, standardized, Common Core tests have
been widely considered a fatally flawed proxy for genuine evaluation.
In the year 2014 alone, parents of 60,000 students refused New York
State Common Core tests.


This bill codifies that parents receive proper notification of their
rights as it relates to refusing to have their children participate in
these field tests.

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:

New Bill

FISCAL IMPLICATIONS:

None to State, minimal to school districts

EFFECTIVE DATE:

This act shall take effect immediately

2015-S4161 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4161

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 4, 2015
                               ___________

Introduced by Sens. MURPHY, FUNKE -- 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 enacting the "common
  core parental refusal act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as the "common
core parental refusal act".
  S 2. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 51-a to read as follows:
  51-A.  THE  COMMISSIONER  SHALL  ENSURE  THAT  SCHOOL DISTRICTS NOTIFY
PARENTS OF STUDENTS IN GRADES  THREE  THROUGH  EIGHT,  EITHER  BY  EMAIL
AND/OR  A MAILED LETTER, THAT SUCH STUDENTS MAY REFUSE TO PARTICIPATE IN
ALL STATE TESTING PROVIDED BY PEARSON OR ANY OTHER STATE  TESTING  BASED
ON  COMMON  CORE  STANDARDS.  SUCH NOTIFICATION SHALL BE GIVEN NO SOONER
THAN FOURTEEN DAYS AND NO LATER THAN SEVEN DAYS PRIOR TO  THE  SCHEDULED
ADMINISTRATION  OF  SUCH  TESTING.    SUCH  NOTIFICATION  SHALL  READ AS
FOLLOWS:
  "IT IS THE RIGHT OF EVERY PARENT TO DIRECT THE UPBRINGING  AND  EDUCA-
TION  OF  THEIR CHILDREN. PARENTS MAY REFUSE TO PERMIT THEIR CHILDREN TO
TAKE STATE TESTING PROVIDED BY PEARSON OR ANY OTHER STATE TESTING  BASED
ON COMMON CORE STANDARDS. PARENTS WHO REFUSE TO PERMIT THEIR CHILDREN TO
TAKE  SUCH  TESTS MAY FILL OUT AND RETURN THE ATTACHED FORM. NO PUNITIVE
MEASURES MAY BE TAKEN AGAINST STUDENTS WHO REFUSE TO PARTICIPATE IN SUCH
TESTING, NOR SHALL STUDENTS WHO DO PARTICIPATE IN SUCH  TESTING  RECEIVE
ANY INCENTIVE OR REWARD FOR DOING SO."
  THE  TEXT  OF  SUCH  NOTIFICATION  SHALL  BE POSTED ON SCHOOL DISTRICT
WEBSITES.
  THE RESPONSE FORM, WHICH SHALL BE CONTAINED WITHIN  THE  NOTIFICATION,
SHALL READ AS FOLLOWS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09318-05-5

S. 4161                             2

  "AS  THE PARENT OR LEGAL GUARDIAN OF ___________(CHILD'S FULL NAME), I
RESPECTFULLY AND FORMALLY STATE MY REFUSAL TO PERMIT MY  CHILD  TO  TAKE
PART  IN TESTING PROVIDED BY PEARSON OR ANY OTHER STATE TESTING BASED ON
COMMON CORE STANDARDS. MY CHILD SHALL BE SCORED AS A  'REFUSAL',  RATHER
THAN  AS 'ABSENT', IN ACCORDANCE WITH THE STUDENT INFORMATION REPOSITORY
SYSTEM, AND THEREFORE MY CHILD WILL  CONTINUE  TO  RECEIVE  A  FREE  AND
APPROPRIATE  PUBLIC  EDUCATION  IN HIS/HER REGULAR CLASSROOM ENVIRONMENT
DURING THE ADMINISTRATION OF ALL MAKEUP  TEST  PERIODS  AS  THIS  LETTER
PROVIDES WRITTEN VERIFICATION OF A 'REFUSAL' FOR ALL TESTS."
  NOTWITHSTANDING  ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, IT
SHALL BE UNLAWFUL FOR ANY  SCHOOL  DISTRICT  TO  REQUIRE  A  STUDENT  TO
PARTICIPATE  IN  TESTING  PROVIDED BY PEARSON OR ANY OTHER STATE TESTING
BASED ON COMMON CORE STANDARDS. IT SHALL FURTHER  BE  UNLAWFUL  FOR  ANY
SCHOOL DISTRICT TO TAKE PUNITIVE MEASURES AGAINST STUDENTS WHO REFUSE TO
PARTICIPATE  IN SUCH TESTING, OR PROVIDE ANY FORM OF INCENTIVE OR REWARD
FOR STUDENTS WHO DO  SO  PARTICIPATE.  SCHOOL  DISTRICTS  SHALL  PROVIDE
STUDENTS WHOSE PARENTS REFUSE TO PERMIT THEIR TESTING PARTICIPATION WITH
AN  ALTERNATE EDUCATIONAL ACTIVITY DURING SCHEDULED STATE TESTING TIMES.
IT SHALL BE UNLAWFUL FOR SCHOOL DISTRICTS TO REQUIRE SUCH STUDENTS TO BE
PLACED IN A TESTING ROOM OR ENVIRONMENT DURING SCHEDULED  STATE  TESTING
TIMES  OR  MAKEUP TIMES.   NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION
TWO OF SECTION THREE HUNDRED SIX OF THIS ARTICLE, STATE AID FOR  SCHOOLS
SHALL NOT BE CONTINGENT ON OR IN ANY WAY AFFECTED BY THE STUDENT PARTIC-
IPATION  RATE FOR TESTING PROVIDED BY PEARSON OR ANY OTHER STATE TESTING
BASED ON COMMON CORE STANDARDS.  NOTWITHSTANDING ANY OTHER LAW, RULE  OR
REGULATION  TO THE CONTRARY, SCORE RESULTS ON PEARSON OR ANY OTHER STATE
TESTING BASED ON COMMON CORE STANDARDS SHALL NOT CONSTITUTE  GROUNDS  OR
BE  CONSIDERED  AS A FACTOR FOR DETERMINING WHETHER A SCHOOL IS A CHRON-
ICALLY UNDERPERFORMING OR FAILING SCHOOL.  NOR SHALL A  SCHOOL  DISTRICT
GIVE  ANY CONSIDERATION TO CLASSROOM PARTICIPATION RATES IN SUCH TESTING
WHEN EVALUATING TEACHER PERFORMANCE OR MAKING  PERSONNEL  DECISIONS.  IT
SHALL  LIKEWISE BE UNLAWFUL FOR A SCHOOL DISTRICT TO RE-ALLOCATE FUNDING
AMONG OR BETWEEN SCHOOLS WITHIN SUCH DISTRICT BASED ON  STUDENT  PARTIC-
IPATION RATES FOR SUCH TESTING.
  S 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2015-S4161A (ACTIVE) - Details

See Assembly Version of this Bill:: A6025
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S2091, A7084

2015-S4161A (ACTIVE) - Summary

Enacts the common core parental refusal act.

2015-S4161A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4161A

 TITLE OF BILL :  An act to amend the education law, in relation to
enacting the "common core parental refusal act"

 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
provided by Pearson Incorporated or any other State testing based on
Common Core standards.

 SUMMARY OF PROVISIONS :

Amends Section 305 of the Education Law by adding a new subdivision
51-b which calls upon the Commissioner to ensure that school districts
notify parents of students in grades three through eight, either by
mail and/or mailed letter, that such students may refuse to
participate in all state testing provided by Pearson or any other
state testing based on common core standards. Such notification shall
be given no sooner than fourteen days and no later than seven days
before the scheduled administration of such testing.

Ensures and outlines a universal notification method be posted on
school district websites as well as a universal method for parental

response.

Prohibits 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.
*A student, nor a reward for those students who do participate in such
exams.

Moreover, those students not participating in such exams will be
provided alternate educational activity at such times these tests are
being administered by virtue of this subdivision.

 JUSTIFICATION :

Both 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 such testing of the new Common Core standards is
being applied along with the high stakes associated with the results
of such tests. These high-stakes, standardized, Common Core tests have
been widely considered a fatally flawed proxy for genuine evaluation.
In the year 2014 alone, parents of 60,000 students refused New York
State Common Core tests.

This bill codifies that parents receive proper notification of their
rights as it relates to refusing to have their children participate in
these field tests.

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 :

New Bill

 FISCAL IMPLICATIONS :
None to State, minimal to school districts

 EFFECTIVE DATE :
This act shall take effect immediately

2015-S4161A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4161--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 4, 2015
                               ___________

Introduced by Sens. MURPHY, FUNKE, ADDABBO, CROCI, DILAN, FARLEY, GALLI-
  VAN,  GRIFFO,  LATIMER,  MARCHIONE,  MARTINS,  ORTT  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Education  --  recommitted to the Committee on Education in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the education law, in relation to enacting the "common
  core parental refusal act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as the "common
core parental refusal act".
  S 2. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 51-b to read as follows:
  51-B.  THE  COMMISSIONER  SHALL  ENSURE  THAT  SCHOOL DISTRICTS NOTIFY
PARENTS OF STUDENTS IN GRADES  THREE  THROUGH  EIGHT,  EITHER  BY  EMAIL
AND/OR  A MAILED LETTER, THAT SUCH STUDENTS MAY REFUSE TO PARTICIPATE IN
ALL STATE TESTING PROVIDED BY PEARSON OR ANY OTHER STATE  TESTING  BASED
ON  COMMON  CORE  STANDARDS.  SUCH NOTIFICATION SHALL BE GIVEN NO SOONER
THAN FOURTEEN DAYS AND NO LATER THAN SEVEN DAYS PRIOR TO  THE  SCHEDULED
ADMINISTRATION  OF  SUCH  TESTING.    SUCH  NOTIFICATION  SHALL  READ AS
FOLLOWS:
  "IT IS THE RIGHT OF EVERY PARENT TO DIRECT THE UPBRINGING  AND  EDUCA-
TION  OF  THEIR CHILDREN. PARENTS MAY REFUSE TO PERMIT THEIR CHILDREN TO
TAKE STATE TESTING PROVIDED BY PEARSON OR ANY OTHER STATE TESTING  BASED
ON COMMON CORE STANDARDS. PARENTS WHO REFUSE TO PERMIT THEIR CHILDREN TO
TAKE  SUCH  TESTS MAY FILL OUT AND RETURN THE ATTACHED FORM. NO PUNITIVE
MEASURES MAY BE TAKEN AGAINST STUDENTS WHO REFUSE TO PARTICIPATE IN SUCH
TESTING, NOR SHALL STUDENTS WHO DO PARTICIPATE IN SUCH  TESTING  RECEIVE
ANY INCENTIVE OR REWARD FOR DOING SO."

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09318-06-6

S. 4161--A                          2

  THE  TEXT  OF  SUCH  NOTIFICATION  SHALL  BE POSTED ON SCHOOL DISTRICT
WEBSITES.
  THE  RESPONSE  FORM, WHICH SHALL BE CONTAINED WITHIN THE NOTIFICATION,
SHALL READ AS FOLLOWS:
  "AS THE PARENT OR LEGAL GUARDIAN OF ___________(CHILD'S FULL NAME),  I
RESPECTFULLY  AND  FORMALLY  STATE MY REFUSAL TO PERMIT MY CHILD TO TAKE
PART IN TESTING PROVIDED BY PEARSON OR ANY OTHER STATE TESTING BASED  ON
COMMON  CORE  STANDARDS. MY CHILD SHALL BE SCORED AS A 'REFUSAL', RATHER
THAN AS 'ABSENT', IN ACCORDANCE WITH THE STUDENT INFORMATION  REPOSITORY
SYSTEM,  AND  THEREFORE  MY  CHILD  WILL  CONTINUE TO RECEIVE A FREE AND
APPROPRIATE PUBLIC EDUCATION IN HIS/HER  REGULAR  CLASSROOM  ENVIRONMENT
DURING  THE  ADMINISTRATION  OF  ALL  MAKEUP TEST PERIODS AS THIS LETTER
PROVIDES WRITTEN VERIFICATION OF A 'REFUSAL' FOR ALL TESTS."
  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,  IT
SHALL  BE  UNLAWFUL  FOR  ANY  SCHOOL  DISTRICT  TO REQUIRE A STUDENT TO
PARTICIPATE IN TESTING PROVIDED BY PEARSON OR ANY  OTHER  STATE  TESTING
BASED  ON  COMMON  CORE  STANDARDS. IT SHALL FURTHER BE UNLAWFUL FOR ANY
SCHOOL DISTRICT TO TAKE PUNITIVE MEASURES AGAINST STUDENTS WHO REFUSE TO
PARTICIPATE IN SUCH TESTING, OR PROVIDE ANY FORM OF INCENTIVE OR  REWARD
FOR  STUDENTS  WHO  DO  SO  PARTICIPATE.  SCHOOL DISTRICTS SHALL PROVIDE
STUDENTS WHOSE PARENTS REFUSE TO PERMIT THEIR TESTING PARTICIPATION WITH
AN ALTERNATE EDUCATIONAL ACTIVITY DURING SCHEDULED STATE TESTING  TIMES.
IT SHALL BE UNLAWFUL FOR SCHOOL DISTRICTS TO REQUIRE SUCH STUDENTS TO BE
PLACED  IN  A TESTING ROOM OR ENVIRONMENT DURING SCHEDULED STATE TESTING
TIMES OR MAKEUP TIMES.   NOTWITHSTANDING THE PROVISIONS  OF  SUBDIVISION
TWO  OF SECTION THREE HUNDRED SIX OF THIS ARTICLE, STATE AID FOR SCHOOLS
SHALL NOT BE CONTINGENT ON OR IN ANY WAY AFFECTED BY THE STUDENT PARTIC-
IPATION RATE FOR TESTING PROVIDED BY PEARSON OR ANY OTHER STATE  TESTING
BASED  ON COMMON CORE STANDARDS.  NOTWITHSTANDING ANY OTHER LAW, RULE OR
REGULATION TO THE CONTRARY, SCORE RESULTS ON PEARSON OR ANY OTHER  STATE
TESTING  BASED  ON COMMON CORE STANDARDS SHALL NOT CONSTITUTE GROUNDS OR
BE CONSIDERED AS A FACTOR FOR DETERMINING WHETHER A SCHOOL IS  A  CHRON-
ICALLY  UNDERPERFORMING  OR FAILING SCHOOL.  NOR SHALL A SCHOOL DISTRICT
GIVE ANY CONSIDERATION TO CLASSROOM PARTICIPATION RATES IN SUCH  TESTING
WHEN  EVALUATING  TEACHER  PERFORMANCE OR MAKING PERSONNEL DECISIONS. IT
SHALL LIKEWISE BE UNLAWFUL FOR A SCHOOL DISTRICT TO RE-ALLOCATE  FUNDING
AMONG  OR  BETWEEN SCHOOLS WITHIN SUCH DISTRICT BASED ON STUDENT PARTIC-
IPATION RATES FOR SUCH TESTING.
  S 3. This act shall take effect immediately.

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Senate Bill S4161A

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Bill Amendments

co-Sponsors

2015-S4161 - Details

2015-S4161 - Summary

2015-S4161 - Sponsor Memo

2015-S4161 - Bill Text download pdf

co-Sponsors

2015-S4161A (ACTIVE) - Details

2015-S4161A (ACTIVE) - Summary

2015-S4161A (ACTIVE) - Sponsor Memo

2015-S4161A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4161A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Bill Amendments

co-Sponsors

2015-S4161 - Details

2015-S4161 - Summary

2015-S4161 - Sponsor Memo

2015-S4161 - Bill Text download pdf

co-Sponsors

2015-S4161A (ACTIVE) - Details

2015-S4161A (ACTIVE) - Summary

2015-S4161A (ACTIVE) - Sponsor Memo

2015-S4161A (ACTIVE) - Bill Text download pdf

Comments