To amend the Elementary and Secondary Education Act of 1965 relating to parental notification and opt-out of assessments.

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)''.
______