Senator Aaron Osmond has listened to a lot of parents this past year and the sometimes horrible situations schools have put their children in forcing them to take tests they were opted out of, lying to children and telling them it was the law and they had to take it, etc… With the recent USOE memo trying to tell parents what they could or couldn’t opt their children out of, this bill is a major relief to parents. Here’s the changes being made. You can find the full text here:
Words that have a line through them are being removed and if it’s underlined it’s being added.
(f) providing that scores on the tests and assessments required under Subsection (2)(a)
89 and Subsection (3) [shall] may not be considered in determining:
90 (i) a student’s academic grade for the appropriate course [and]; or
91 (ii) whether a student [shall] may advance to the next grade level.
132 As used in this part:
133 (1) “Individualized Education Plan” or “IEP” means a written statement, for a student
134 with a disability, that is developed, reviewed, and revised in accordance with the Individuals
135 with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
160 (2) An LEA shall reasonably accommodate a parent’s or guardian’s written request to
161 retain a student in kindergarten through grade 8 on grade level based on the student’s academic
162 ability or the student’s social, emotional, or physical maturity.
163 (3) An LEA shall reasonably accommodate a parent’s or guardian’s initial selection of a
164 teacher or request for a change of teacher.
165 (4) An LEA shall reasonably accommodate the request of a student’s parent or guardian
166 to visit and observe any class the student attends.
167 [(5) (a) An LEA shall reasonably accommodate a written request of a student’s parent
168 or guardian to excuse the student from attendance for a family event or visit to a health care
169 provider, without obtaining a note from the provider.]
170 [(b) An excused absence provided under Subsection (5)(a) does not diminish
171 expectations for the student’s academic performance.]
172 (5) Notwithstanding Chapter 11, Part 1, Compulsory Education Requirements, an LEA
173 shall record an excused absence for a scheduled family event or a scheduled proactive visit to a
174 health care provider if:
175 (a) the parent or guardian submits a written statement at least one school day before the
176 scheduled absence; and
177 (b) the student agrees to make up course work for school days missed for the scheduled
178 absence in accordance with LEA policy.
192 (9) (a) Upon [the] receipt of a written [request] statement of a student’s parent or
193 guardian, an LEA shall excuse the student from taking [a test that is administered statewide or
194 the National Assessment of Educational Progress.]:
195 (i) any summative, interim, or formative test that is not locally developed; or
196 (ii) any test that is federally mandated or mandated by the state under this title.
197 (b) An LEA may not:
198 (i) require a meeting as a condition of excusing a student from taking a test described
199 in Subsection (9)(a); or
200 (ii) specify the form of a written statement under Subsection (9)(a).
201 (c) A written statement to an LEA to excuse a student from taking a test under
202 Subsection (9)(a) remains in effect across multiple school years until:
203 (i) further notice from the student’s parent or guardian; or
204 (ii) the student is no longer enrolled at the LEA.
205 (d) An LEA may not reward a student for taking a test described in Subsection (9)(a).
217 (11) An LEA shall reasonably accommodate a parent’s or guardian’s request to include
218 in an Individualized Education Plan elements that the parent or guardian believes are in the best
219 interest of the child.