Bill S6832-2013

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

Allows parents, legal guardians or school districts to opt children with an individualized education program out of the "common core standards" and certain testing.

Details

Actions

  • Mar 17, 2014: REFERRED TO EDUCATION

Memo

BILL NUMBER:S6832

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:

This bill will provide parents, legal guardians, or school districts the ability to opt children with individual education plans (I.E.P.) to opt-out of the common core standards and/or certain testing.

SUMMARY OF PROVISIONS:

Section 1. Section 4402 of the education law is amended by adding a new subdivision 8 to read as follows:

8. a. Any parent, legal guardian or school district may elect to opt a child with an established individualized education program (I.E.P.) 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 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.

EXISTING LAW:

Currently there is no law that addresses this issue

JUSTIFICATION:

Each child in public school who receives special education and related services must have what is commonly referred to as an I.E.P. or an Individualized Education Program. Each I.E.P. must be designed for one student and must be a truly individualized document. The I.E.P. creates an opportunity for teachers, parents, school administrators, related services personnel and students (when appropriate) to work together to improve educational results for children with disabilities. The I.E.P. is the cornerstone of a quality education for each child with a disability.

There has been a great deal of discussion about the Common Core Curriculum over the past several months. That said, we must take into consideration those students that have been determined to have special needs. It has already been determined by law that individuals with special needs must have Individual Educational Plans that include

certain information about the child and the educational program designed to meet his or her unique needs. This information covers topics such as current performance, annual goals, special education and related services, accommodations, participation in state and district-wide tests, needed transition services and measured progress.

To create an effective I.E.P., parents, teachers, other school staff and often the student must come together to look closely at the student's unique need. 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. The I.E.P. guides the delivery of special education supports and services for the student with a disability.

There is a process to follow before a child can be determined a child with special needs.

1. Child is first identified as possibly needing special education and related services.

2. Child is then evaluated.

3. Eligibility is decided.

4. Child is found eligible for services.

5. I.E.P. meeting is scheduled.

6. I.E.P. meeting is held and the I.E.P. is written.

7. Services are provided.

8. Progress is measured and reported to parents.

9. I.E.P. is reviewed.

10. Child is reevaluated.

This legislation recognizes the I.E.P. and its sole purpose of providing courses for students that are curriculum appropriate. Who knows better the true needs of students with special needs than those people working with these children on a daily basis? This bill also provides the local school districts along with I.E.P. team members an opportunity to exempt special needs students from participating in the common core curriculum and/or high stakes testing if they feel it is appropriate and meets that particular students needs. In exempting the student however, the district and/or the team members will clearly state as part of the individuals records such reasons. This will insure that any questions arising in the future as to the decision can be answered completely by simply referring back to those individual students records.

LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

To be determined

LOCAL FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6832 IN SENATE March 17, 2014 ___________
Introduced by Sens. LATIMER, TKACZYK -- 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 ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 4402 of the education law is amended by adding a new subdivision 8 to read as follows: 8. 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. S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus