HOUSE DOCKET, NO. 3833        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 657

The Commonwealth of Massachusetts

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PRESENTED BY:

Elizabeth A. Malia

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act clarifying parental rights in the administration of standardized tests.

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PETITION OF:

HOUSE DOCKET, NO. 3833        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 657

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 519 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act clarifying parental rights in the administration of standardized tests.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 1I of chapter 69 of the General Laws, as appearing in the 2018 official edition, is hereby amended by inserting after the third paragraph the following paragraph:-

Notwithstanding the preceding paragraph or any other general or special law to the contrary, upon a written request of a parent or guardian of a student, the board or its designee from the local educational agency, as defined in section 1B, shall excuse the student from participating in any standardized test or assessment instrument used to fulfill the requirements for a comprehensive diagnostic assessment administered under this section. A request made pursuant to this paragraph shall specify which assessment test the student shall be exempted from. The board or its local designee shall, within 20 days, grant a parent or guardian’s written request for exemption in writing. An exemption granted pursuant to this section by the board or its designee shall apply to the academic year in which the parent or guardian made the request and successive academic years, unless the parent or guardian specifies otherwise. During the period of time in which a school is administering any standardized assessment instrument, the principal shall ensure that alternate educational activities are offered to students who are exempt from such assessment tests.

SECTION 2. Section 1I of said chapter 69, as so appearing, is hereby amended by inserting after the fifth paragraph the following paragraph:-

When any school does not have a ninety-five percent participation rate in the state testing program, the local school district shall hold a public meeting at the school or at a location convenient to the school. The district shall invite parents and students enrolled to explain their reasons for not participating. Parents and students shall also be given time to propose changes in the testing system.

The Department of Elementary and Secondary Education may send a representative to the meeting who shall report student and parent concerns to the Board of Elementary and Secondary Education. DESE may work with the district to increase test participation, but shall not lower a school’s ranking or level, or impose any other penalty.

SECTION 3. Said section 1I of said chapter 69, as so appearing, is hereby amended by striking out, in line 235, the word “and”.

SECTION 4. Said section 1I of said chapter 69, as so appearing is hereby further amended by inserting after the word “learners”, in line 241, the following words:- and

(i) the number of students exempted from participating in comprehensive diagnostic assessment or taking any other standardized assessment instrument administered under this section.

SECTION 5. Said chapter 69, as so appearing, is hereby amended by inserting after section 1Q, the following section:-

Section 1R. For purposes of this section “district diagnostic assessment” shall mean a comprehensive diagnostic assessment or any other standardized assessment test required of all students of a certain grade level within a specific school district and administered by that school district independent of any statewide comprehensive diagnostic assessment or other assessment test required pursuant to section 6I. A “district diagnostic assessment” may be a standardized assessment used by a school district as preparation or practice for statewide comprehensive diagnostic assessment or other assessment test required pursuant to said section.

Notwithstanding any other general or special law to the contrary, upon a written request of a parent or guardian of a student, a school district shall excuse the student from participating in any district diagnostic assessment. A request made pursuant to this section shall specify which assessment test the student shall be exempted from. The school district shall, within 20 days, grant a parent or guardian’s written request for exemption in writing. An exemption granted pursuant to this section by the school district shall apply to the academic year in which the parent or guardian made the request and successive academic years, unless the parent or guardian specifies otherwise. During the period of time in which a school is administering a district diagnostic assessment, the principal shall ensure that alternate educational activities are offered to students who are exempt from such assessment.