Referred to: The Legislative Programs, Education, and Community Services

Committee (Chairman David Donaldson and Legislators Archer, Gregorius, Lopez,

and Wawro)

Legislator Peter Loughran and Legislator Lopez offer the following:

 WHEREAS, Assembly Bill 09253 and Senate Bill 06832 have been

introduced in the 2013-2014 Legislative Session and amends Education Law Section

4402 to add a new subdivision; and

WHEREAS, new subdivision 8 allows any parent, legal guardian or school

district to elect to opt a child with an established individualized education program

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;

and

WHEREAS, Federal laws require that all students are assessed in English

Language Arts, Math, Science and Social Studies; and

WHEREAS, each child in public school who receives special education and

related services must have what is commonly referred to as an IEP or Individualized

Education Program; and

WHEREAS, the IEP creates an opportunity for teachers, parents, school

administrators, related services personnel and, when appropriate, students to work

together to improve the educational results for children with disabilities; and

WHEREAS, currently testing accommodations do NOT include the ability to

exempt a special needs student from participating in the common core curriculum

and/or high stakes testing if those individuals working directly with the student on a

daily basis feels it is appropriate and meets that particular student’s needs; and

WHEREAS, this legislation will empower local School Districts in

determining the methodology for assessing a child with an IEP using existing New

York State standards that are appropriate and consistent with the child’s

individualized education plan; now, therefore be it 

- Page 2 -

Resolution No. 395 November 18, 2014

Supporting The Reintroduction and Passage Of New York State

Assembly Bill 09253 And Senate Bill 06832, 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

RESOLVED, that the Ulster County Legislature emphatically urges New

York state lawmakers to re-introduce and support the passage of New York State

Assembly Bill 09253 and Senate Bill 06832 to allow School Districts to opt children

with an individualized education program out of the “Common Core Standards” and

certain testing; and, be it further

RESOLVED, the Clerk of the Ulster County Legislature shall forward copies

of this resolution to Governor Andrew Cuomo, Assembly and Senate Majority and

Minority Leaders, Assembly and Senate Education Committee Chairmen, and all

Ulster County elected Assemblymen and Senators,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 23 NOES: 0

Passed Committee: Legislative Programs, Education, and Community Services on

November 5, 2014

FINANCIAL IMPACT:

NONE

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

This is to certify that I, the undersigned Clerk of the Legislature of the County of Ulster have compared the

foregoing resolution with the original resolution now on file in the office of said clerk, and which was adopted by said

Legislature on the 18th Day of November, 2014, and that the same is a true and correct transcript of said resolution and of

the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 19th Day of

November in the year Two Thousand and Fourteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature