SUMMARY: LC 33 6466ER LC 33 6553ERS  SB 355/AP  "Student Protection Act" 

State Superintendent shall develop guidelines, approved by the State Board of Education, by September 1, 2016, that identify a range of appropriate policies that may be adopted by a school system when considering how students not participating in state-mandated assessments will be supervised and what, if any, alternative assessment will be provided to them

Guidelines should prohibit system from taking punitive action against student for refusal to participate in a federal, state, or locally mandated standardized assessment -- including "sit and stare"

Guidelines shall offer positive learning opportunities for students and not be undirected free time. 

Guidelines shall also address how and when the school system's policy will be communicated to parents, students, and staff 

Allows students to opt out of state mandated assessments if:

• requested in writing by the parent or guardian of a child diagnosed with a life threatening or serious health condition 
• an order is issued by a licensed therapist or physician

If the number of opt out students impacts the rating on a school performance report, the school performance report shall include an indication that the rating was affected by a federal law requirement; a brief explanation of the requirement; the rating the school would have received if the federal law requirement was not in effect. 

No teacher, principal, assistant principal, school, or school system shall be penalized for any child not participating in the assessment

In grades 3, 5, and 8, promotion may be determined by an alternative assessment and shall be offered an appeals process if promotion is based solely on the student's failure to take the test 

EFFECTIVE DATE:  Upon approval by the General Assembly and Governor.