S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5337
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 13, 2015
                                      ___________
       Introduced  by  Sen.  GRIFFO -- 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 providing parents with
         the right and authority to exempt their children from taking standard-
         ized assessments
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 319 to
    2  read as follows:
    3    S 319. STUDENT EXEMPTION FROM STANDARDIZED ASSESSMENTS. 1. A PARENT OF
    4  A STUDENT OR PERSON IN PARENTAL RELATIONSHIP TO A STUDENT SHALL HAVE THE
    5  RIGHT  AND  AUTHORITY  TO  EXEMPT  SUCH STUDENT FROM TAKING STANDARDIZED
    6  ASSESSMENTS, INCLUDING BUT NOT LIMITED TO THE STATE THIRD GRADE  THROUGH
    7  EIGHTH  GRADE  MATH AND ENGLISH LANGUAGE ARTS ASSESSMENTS, A STATE FIELD
    8  TEST ASSESSMENT OR A STATE ASSESSMENT ADMINISTERED FOR PURPOSES  OF,  OR
    9  PURSUANT TO, SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER. THE PARENT
   10  OF  A  STUDENT  OR  PERSON IN PARENTAL RELATIONSHIP TO THE STUDENT SHALL
   11  NOTIFY THE SCHOOL PRINCIPAL IN WRITING OR  OTHER  VERIFIABLE  MEANS,  AS
   12  DETERMINED  BY  THE  SCHOOL  DISTRICT, AT ANY TIME PRIOR TO THE ADMINIS-
   13  TRATION OF SUCH ASSESSMENT OR ASSESSMENTS.
   14    2. THE SCHOOL SHALL OFFER TO STUDENTS EXEMPTED  BY  THEIR  PARENTS  OR
   15  PERSONS  IN PARENTAL RELATION FROM A STANDARDIZED ASSESSMENT PURSUANT TO
   16  THIS SECTION ALTERNATIVE EDUCATIONAL OR ENRICHMENT PROGRAMS  DURING  THE
   17  TIME THAT SUCH STANDARDIZED ASSESSMENT IS ADMINISTERED.
   18    3.  THERE  SHALL  BE NO RETALIATION OR OTHER NEGATIVE ACTION AGAINST A
   19  STUDENT, PARENT, TEACHER, PRINCIPAL OR  BUILDING  ADMINISTRATOR,  SCHOOL
   20  BUILDING  OR  SCHOOL  DISTRICT  IN RESPONSE TO A PARENT'S EXEMPTION OF A
   21  STUDENT FROM STANDARDIZED ASSESSMENTS PURSUANT TO THIS SECTION.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10087-02-5