S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3272
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI,  JAFFEE,  GLICK  -- read once and
   referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to  required  instruction
   in non-public schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (i) of subdivision  2  of  section  3204  of  the
 education  law, as amended by section 1 of part SSS of chapter 59 of the
 laws of 2018, is amended to read as follows:
   (i) Instruction may be given only  by  a  competent  teacher.  In  the
 teaching  of  the  subjects  of  instruction prescribed by this section,
 English shall be the language of instruction, and text-books used  shall
 be  written  in  English, except that for a period of three years, which
 period may be extended by the commissioner with  respect  to  individual
 pupils, upon application therefor by the appropriate school authorities,
 to  a  period not in excess of six years, from the date of enrollment in
 school, pupils who, by reason of foreign birth or ancestry have  limited
 English  proficiency,  shall  be provided with instructional programs as
 specified in subdivision two-a of this section and  the  regulations  of
 the  commissioner. The purpose of providing such pupils with instruction
 shall be to enable them to develop academically while  achieving  compe-
 tence  in  the  English language. Instruction given to a minor elsewhere
 than at a public school shall be at least  substantially  equivalent  to
 the  instruction  given  to  minors  of  like age and attainments at the
 public schools of the city or district where the SCHOOL IS LOCATED OR IF
 HOME-SCHOOLED, WHERE THE minor resides.
   § 2. The education law is amended by adding a new  section  3204-a  to
 read as follows:
   §  3204-A. INSTRUCTION REQUIRED IN NON-PUBLIC SCHOOLS. 1. ALL STUDENTS
 ATTENDING A  NON-PUBLIC  SCHOOL  SHALL  BE  GIVEN  INSTRUCTION  THAT  IS
 SUBSTANTIALLY EQUIVALENT TO THE INSTRUCTION THAT IS GIVEN TO STUDENTS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05323-01-9

 A. 3272                             2
 
 SIMILAR  AGE  AND  ATTAINMENT  IN  THE  DISTRICT  IN WHICH THE SCHOOL IS
 LOCATED. A NON-PUBLIC SCHOOL IS NOT REQUIRED TO USE  THE  CURRICULUM  OF
 THE  SCHOOL DISTRICT IN WHICH THEY ARE LOCATED BUT MUST PROVIDE STUDENTS
 WITH INSTRUCTION THAT IS SIMILAR IN RIGOR, ALLOTTED TIME, AND SUBJECT.
   2. IF THERE IS AN ALLEGATION THAT A NON-PUBLIC SCHOOL'S INSTRUCTION IS
 NOT  SUBSTANTIALLY  EQUIVALENT  TO  THE INSTRUCTION OF THE PUBLIC SCHOOL
 DISTRICT, A WRITTEN COMPLAINT MAY BE FILED WITH THE  COMMISSIONER  BY  A
 CURRENT  OR  FORMER  STUDENT,  PARENT  OF  A  CURRENT OR FORMER STUDENT,
 CURRENT OR FORMER TEACHER, ADMINISTRATOR OR  EMPLOYEE  OF  A  NON-PUBLIC
 SCHOOL  OR A RESIDENT OF THE SCHOOL DISTRICT THAT SUCH NON-PUBLIC SCHOOL
 IS LOCATED. THE COMPLAINT MUST INCLUDE THE COMPLAINANT'S NAME,  ADDRESS,
 NON-PUBLIC SCHOOL NAME, NON-PUBLIC SCHOOL'S ADDRESS, RELATIONSHIP TO THE
 NON-PUBLIC  SCHOOL,  DESCRIPTION  OF  THE NON-PUBLIC SCHOOL'S FAILURE TO
 PROVIDE APPROPRIATE EDUCATION, AND EVIDENCE OF THE  CURRICULUM,  CONTENT
 OF  INSTRUCTION  OR  ANY  OTHER  DOCUMENTATION  OR PROOF THAT THE SCHOOL
 FAILED TO PROVIDE SUBSTANTIALLY EQUIVALENT INSTRUCTION.
   3. UPON RECEIPT OF A COMPLAINT PURSUANT TO THIS SECTION,  THE  COMMIS-
 SIONER  SHALL  SUBSTANTIATE  SUCH COMPLAINT TO DETERMINE WHETHER A VALID
 CLAIM EXISTS. THE COMMISSIONER SHALL NOTIFY THE DISTRICT  SUPERINTENDENT
 AND  NON-PUBLIC SCHOOL ADMINISTRATOR, AND REQUEST DOCUMENTATION PERTAIN-
 ING  TO  THE  SCHOOL'S  INSTRUCTION,  INCLUDING  BUT  NOT  LIMITED   TO,
 DESCRIPTION OF CURRICULUM, CLASS INSTRUCTION MATERIALS, TESTING PROGRAM,
 AND  SCHEDULE  OF  CLASSES.  THE  NON-PUBLIC  SCHOOL  ADMINISTRATOR MUST
 RESPOND TO THE REQUEST FOR DOCUMENTATION IN A TIME PERIOD  SPECIFIED  BY
 THE  COMMISSIONER.  IN  THE  COURSE OF THE INVESTIGATION, THE DEPARTMENT
 MAY, DURING ANY REASONABLE HOUR, CONDUCT UNANNOUNCED  SCHOOL  VISITS  AT
 THE  NON-PUBLIC  SCHOOL  TO  OBSERVE  INSTRUCTION. THE VISITATIONS SHALL
 INCLUDE OBSERVATION OF CLASSROOMS, DISCUSSIONS  WITH  SCHOOL  STAFF  AND
 STUDENTS,  AND  REVIEW  OF  CURRICULUM  DOCUMENTS. THE NON-PUBLIC SCHOOL
 AUTHORITIES SHALL NOT REFUSE ACCESS TO THE DEPARTMENT FOR THE PURPOSE OF
 A VISITATION PURSUANT TO THIS SECTION.
   4. THE COMMISSIONER  MAY  CONSULT  WITH  THE  DISTRICT  SUPERINTENDENT
 DURING  THE  INVESTIGATION  AND  MAY REQUEST DOCUMENTS NEEDED AS PART OF
 SUCH INVESTIGATION.
   5. FOLLOWING AN INVESTIGATION, THE COMMISSIONER SHALL ISSUE  A  REPORT
 ON THEIR FINDINGS OF WHETHER THE NON-PUBLIC SCHOOL IS PROVIDING INSTRUC-
 TION THAT IS SUBSTANTIALLY EQUIVALENT TO THE SCHOOL DISTRICT IN WHICH IT
 IS  LOCATED. THE REPORT SHALL INCLUDE ALL DOCUMENTATION SUBMITTED BY THE
 NON-PUBLIC SCHOOL AND IF SCHOOL VISITATIONS WERE MADE, ALL  OBSERVATIONS
 AND NOTES FROM SUCH VISITS.
   6.  IF THE COMMISSIONER DETERMINES THAT A NON-PUBLIC SCHOOL HAS FAILED
 TO PROVIDE SUBSTANTIALLY EQUIVALENT INSTRUCTION  TO  THE  PUBLIC  SCHOOL
 PURSUANT TO THIS SECTION, THE COMMISSIONER SHALL TAKE ANY OF THE FOLLOW-
 ING ACTIONS, EITHER INDIVIDUALLY OR IN COMBINATION:
   (A)  THE  COMMISSIONER MAY ISSUE AN ORDER THAT PROVIDES THE NON-PUBLIC
 SCHOOL WITH A CORRECTIVE ACTION PLAN. THE CORRECTIVE ACTION  PLAN  SHALL
 COMPEL  THE  NON-PUBLIC  SCHOOL  TO TAKE IMMEDIATE STEPS TO IMPLEMENT AN
 APPROPRIATE CURRICULUM THAT PROVIDES STUDENTS WITH SUBSTANTIALLY  EQUIV-
 ALENT INSTRUCTION PURSUANT TO THIS SECTION.
   (B)  THE  COMMISSIONER MAY PLACE A TEMPORARY EDUCATION OBSERVER AT THE
 NON-PUBLIC SCHOOL TO ENSURE THAT APPROPRIATE INSTRUCTION IS PROVIDED  TO
 STUDENTS.
   (C) THE COMMISSIONER MAY, IF APPLICABLE, PLACE THE NON-PUBLIC SCHOOL'S
 REGISTRATION  ON PROBATION UNTIL THE NON-PUBLIC SCHOOL DEMONSTRATES THAT
 THEIR INSTRUCTION AND CURRICULUM  IS  SUBSTANTIALLY  EQUIVALENT  TO  THE
 SCHOOL DISTRICT WHICH THEY ARE LOCATED IN.

 A. 3272                             3
 
   (D)  THE  COMMISSIONER  MAY  WITHHOLD  ANY  APPORTIONMENT  OR GRANT OF
 MANDATED SERVICES AID UNTIL ANY ACTIONS OR ORDERS ARE SATISFIED.
   (E)  THE  COMMISSIONER  MAY PERMANENTLY REVOKE THE NON-PUBLIC SCHOOL'S
 REGISTRATION OR IF NOT REGISTERED, PROHIBIT THE SCHOOL FROM OPERATING.
   § 3. This act shall take effect immediately.