[Congressional Record Volume 161, Number 105 (Wednesday, July 8, 2015)]
[Senate]
[Pages S4879-S4880]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2162. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 52, strike line 3 and all that follows through line 
     9 and insert the following:
       ``(K) Parental notification and opt-out.--
       ``(i) Notification.--Each State receiving funds under this 
     part shall ensure that the parents of each child in the State 
     who are scheduled to take an assessment described in this 
     paragraph during the academic year are notified, at the 
     beginning of that academic year, about any such assessment 
     that their child is scheduled to take and the following 
     information about each such assessment:

       ``(I) The dates when the assessment will take place.
       ``(II) The subject of the assessment.
       ``(III) Any additional information that the State believes 
     will best inform parents regarding the assessment their child 
     is scheduled to take.

       ``(ii) Delayed or changed assessment information.--If any 
     of the information described in clause (i) is not available 
     at the beginning of the academic school year, or if the 
     initial information provided at that time is changed, the 
     State shall ensure that a subsequent notification is provided 
     to parents not less than 14 days prior to the scheduled 
     assessment, which shall include any new or changed 
     information.
       ``(iii) Opt-out.--

       ``(I) In general.--Notwithstanding the requirement 
     described in section

[[Page S4880]]

     1111(b)(3)(B)(vi), or any other provision of law, upon the 
     request of the parent of a child made in accordance with 
     subclause (II), and for any reason or no reason at all stated 
     by the parent, a State shall allow the child to opt out of 
     the assessments described in this paragraph. Such an opt-out, 
     or any action related to that opt-out, may not be used by the 
     Secretary, the State, any State or local agency, or any 
     school leader or employee as the basis for any corrective 
     action, penalty, or other consequence against the parent, the 
     child, any school leader or employee, or the school.
       ``(II) Form of parental opt-out request.--Unless a State 
     has implemented an alternative process for parents to opt out 
     of assessments as described in this subparagraph, a parent 
     shall request to have their child opt out of an assessment by 
     submitting such request to their child's school in writing.

       ``(iv) Applicability.--The requirements relating to 
     notification and opt-out in this subparagraph shall only 
     apply to federally mandated assessments. A State may 
     implement separate requirements for notification and opt-out 
     relating to State and locally mandated assessments.''.
       On page 58, on line 21, after ``paragraph (2)'' insert 
     ``(except that such 95 percent requirements shall exclude any 
     student who, pursuant to paragraph (2)(K), opts out of an 
     assessment)''.
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