Delaware 149th General Assembly (2017-2018) Status: In Committee Bipartisan · 4 R · 4 D cosponsors

HB 60 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION ASSESSMENT.

Last action — Introduced and Assigned to Education Committee in House

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This bill creates the right for the parent or guardian of a child to opt out of the annual assessment, currently the Smarter Balanced Assessment System.

Bill Text

How this bill changes current law

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This bill grants parents or guardians the right to opt out of the statewide assessment in public and charter schools.

  • § 151, Title 14

    Notwithstanding any other provision in this section to the contrary, any parent or guardian of a student in any public school or charter school shall have the right to opt out of the statewide assessment. For purposes of this subsection, “the statewide assessment” means the Smarter Balanced Assessment.

    Parents or guardians can now choose for their child to opt out of the statewide assessment.

  • § 151, Title 14

    The parent or guardian must notify the student’s school in writing at least 2 school days prior to the scheduled exam. Schools shall honor any timely request and provide alternative educational activities during testing times.

    Parents or guardians must provide written notice to the school to opt out, ensuring that alternative activities are available for the student.

  • § 151, Title 14

    There shall be no academic or disciplinary repercussions on the student’s record for opting out of participating in the statewide assessment.

    Students opting out will not face negative consequences in their academic record.

  • § 151, Title 14

    The Department shall maintain a data system to track the student’s opt-out decisions.

    The Department will keep a record of all opt-out decisions made by parents or guardians.

  • § 151, Title 14

    The Department shall report opt-out numbers in accountability ratings to provide context and impact on school and district ratings; however, the opt-out numbers shall not factor into the accountability ratings.

    Opt-out counts will be reported for context but will not affect overall school ratings.

  • § 151, Title 14

    The districts and charter schools shall notify all parents and guardians of this right no later than 15 days prior to the start of the assessment via its website and mailing. The Department shall also post a notification on its website no later than 15 days prior to the start of the assessment.

    Schools must inform parents and guardians about the opt-out right in advance of assessments.

  • § 151, Title 14

    A student having reached the age of majority shall solely possess the opt-out rights under this subsection.

    Students who are adults can opt out of assessments without needing parental consent.

Action History

  1. Introduced and Assigned to Education Committee in House

Sponsors

Sponsorship breakdown

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2 sponsors · 11 co-sponsors · 49 not signed on

Sponsors (2)

Not signed on (49)

49 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does HB 60 do?
This bill creates the right for the parent or guardian of a child to opt out of the annual assessment, currently the Smarter Balanced Assessment System.
Who sponsors HB 60?
HB 60 is sponsored by Dave G. Lawson (Republican), Gerald W. Hocker (Republican), John "Jack" Walsh (Democratic), Sean M. Lynn (Democratic), Trey Paradee (Democratic), Jeffrey N. Spiegelman (Republican), Kimberly Williams (Democratic), David L. Wilson (Republican), Helene M. Keeley, Deborah Hudson, Paul S. Baumbach, Margaret Rose Henry, and John A. Kowalko.
What is the current status of HB 60?
This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 60?
Track HB 60 free on One Click Politics — get push/email alerts when it moves.

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