S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7055
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the  education  law,  in  relation  to  compliance  with
   substantially equivalent education by nonpublic schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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:
   2. Quality and language of instruction;  text-books.  (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 commis-
 sioner. The purpose of providing such pupils with instruction  shall  be
 to enable them to develop academically while achieving competence in the
 English  language.  Instruction  given  to  a  minor elsewhere than at a
 public school shall be at least substantially equivalent to the instruc-
 tion given to minors of like age and attainments at the  public  schools
 of the city or district where the minor resides.
   (ii) For purposes of [considering] DETERMINING substantial equivalence
 pursuant to this subdivision for nonpublic elementary and middle schools
 [that  are:  (1) non-profit corporations, (2) have a bi-lingual program,
 and (3) have an educational program that extends from no later than nine
 a.m. until no earlier than four p.m. for grades one through  three,  and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10848-01-1

 A. 7055                             2

 no  earlier  than five thirty p.m. for grades four through eight, on the
 majority of weekdays], the department shall consider the following[, but
 not  limited  to:  if  the  curriculum  provides  academically  rigorous
 instruction  that  develops  critical  thinking  skills  in the school's
 students, taking into account the entirety of the curriculum,  over  the
 course of elementary and middle school, including instruction in English
 that  will prepare pupils to read fiction and nonfiction text for infor-
 mation and to use that information  to  construct  written  essays  that
 state a point of view or support an argument; instruction in mathematics
 that  will prepare pupils to solve real world problems using both number
 sense and fluency with mathematical functions and  operations;  instruc-
 tion  in  history by being able to interpret and analyze primary text to
 identify and explore important events in history, to  construct  written
 arguments  using the supporting information they get from primary source
 material, demonstrate an understating  of  the  role  of  geography  and
 economics in the actions of world civilizations, and an understanding of
 civics  and  the  responsibilities of citizens in world communities; and
 instruction in science by learning how to gather, analyze and  interpret
 observable  data to make informed decisions and solve problems mathemat-
 ically, using deductive and inductive reasoning to support a hypothesis,
 and   how   to   differentiate   between   correlational   and    causal
 relationships]:  (1) FOR GRADES ONE THROUGH SIX:  MATHEMATICS, INCLUDING
 ARITHMETIC, SCIENCE, AND TECHNOLOGY (CONCEPTS OF  SCIENCE,  MATHEMATICS,
 SOCIAL  SCIENCE, AND LANGUAGE ARTS IN A HANDS-ON, SYSTEMS-BASED APPROACH
 TO PROBLEM SOLVING THAT GUIDES STUDENTS IN  THE  UNDERSTANDING,  DESIGN,
 AND  DEVELOPMENT  OF SYSTEMS, DEVICES, AND PRODUCTS TO SERVE HUMAN NEEDS
 AND WANTS); ENGLISH LANGUAGE ARTS, INCLUDING READING,  WRITING,  LISTEN-
 ING, AND SPEAKING; SOCIAL STUDIES, INCLUDING GEOGRAPHY AND UNITED STATES
 HISTORY;  THE  ARTS; CAREER DEVELOPMENT AND OCCUPATIONAL STUDIES; HEALTH
 EDUCATION,  PHYSICAL  EDUCATION,  AND  FAMILY  AND  CONSUMER   SCIENCES.
 INSTRUCTION IN THESE SUBJECTS MAY BE INTEGRATED OR INCORPORATED INTO THE
 SYLLABUS OR SYLLABI OF OTHER COURSES; AND,
   (2)  FOR  GRADES  SEVEN  AND  EIGHT: MATHEMATICS (TWO UNITS OF STUDY);
 ENGLISH LANGUAGE ARTS (TWO UNITS OF STUDY); SOCIAL STUDIES (TWO UNITS OF
 STUDY); SCIENCE (TWO UNITS OF STUDY); CAREER  AND  TECHNICAL  EDUCATION,
 WHEREIN  THE  UNIT OF STUDY REQUIREMENT MAY BE INITIATED IN GRADE 5 (ONE
 AND THREE-FOURTHS UNITS OF STUDY); PHYSICAL EDUCATION  (SIMILAR  COURSES
 OF  INSTRUCTION  TO THOSE REQUIRED IN PUBLIC SCHOOLS PURSUANT TO SECTION
 135.4 OF NYCRR); HEALTH EDUCATION (ONE-HALF UNIT OF STUDY); VISUAL  ARTS
 (ONE-HALF  UNIT  OF  STUDY); MUSIC (ONE-HALF UNIT OF STUDY); LIBRARY AND
 INFORMATION SKILLS, WHICH MAY BE INCORPORATED  OR  INTEGRATED  INTO  ANY
 OTHER  SUBJECTS  (THE  EQUIVALENT OF ONE PERIOD PER WEEK IN GRADES SEVEN
 AND EIGHT); CAREER DEVELOPMENT AND OCCUPATIONAL STUDIES,  WHICH  MAY  BE
 INCORPORATED OR INTEGRATED INTO ANY OTHER SUBJECTS.
   (iii)  For  purposes  of  [considering] DETERMINING substantial equiv-
 alence pursuant to this subdivision for nonpublic  high  schools  [that:
 (1) are established for pupils in high school who have graduated from an
 elementary  school  that  provides  instruction  as  described  in  this
 section, (2)  are  a  non-profit  corporation,  (3)  have  a  bi-lingual
 program,  and (4) have an educational program that extends from no later
 than nine a.m. until no earlier than six p.m. on the majority  of  week-
 days], the department shall consider the following [but not limited to]:
 [if  the  curriculum  provides  academically  rigorous  instruction that
 develops critical thinking skills in the school's students, the outcomes
 of which, taking into account the entirety of the curriculum, result  in
 a  sound basic education] FOR GRADES NINE THROUGH TWELVE: INSTRUCTION IN

 A. 7055                             3
 
 ENGLISH (FOUR UNITS OF STUDY); SOCIAL STUDIES  (FOUR  UNITS  OF  STUDY);
 MATHEMATICS  (THREE  UNITS  OF  STUDY);  SCIENCE (THREE UNITS OF STUDY);
 HEALTH (ONE-HALF UNIT  OF  STUDY);  PHYSICAL  EDUCATION  (TWO  UNITS  OF
 STUDY); THE ARTS (ONE UNIT OF STUDY).
   (III-A)  FOR  PURPOSES OF DETERMINING SUBSTANTIAL EQUIVALENCE PURSUANT
 TO THIS SUBDIVISION FOR  NONPUBLIC SCHOOLS, THE DEPARTMENT SHALL CONSID-
 ER WHETHER THE NONPUBLIC  SCHOOL  MEETS  OTHER  STATUTORY  INSTRUCTIONAL
 REQUIREMENTS, INCLUDING:
   (1)  FOR  ALL  STUDENTS  OVER  EIGHT YEARS OF AGE, A SIMILAR COURSE OF
 INSTRUCTION TO THE COURSE OF INSTRUCTION IN PATRIOTISM  AND  CITIZENSHIP
 REQUIRED IN PUBLIC SCHOOLS PURSUANT TO SUBDIVISION ONE OF SECTION 801 OF
 THIS CHAPTER;
   (2)  FOR  ALL  STUDENTS  GRADES  EIGHT AND HIGHER, A SIMILAR COURSE OF
 INSTRUCTION TO THE  COURSE  OF  INSTRUCTION  IN  THE  HISTORY,  MEANING,
 SIGNIFICANCE,  AND  EFFECT  OF THE PROVISIONS OF THE CONSTITUTION OF THE
 UNITED STATES AND THE AMENDMENTS THERETO, THE DECLARATION  OF  INDEPEND-
 ENCE,  AND  THE CONSTITUTION OF THE STATE OF NEW YORK AND THE AMENDMENTS
 THERETO REQUIRED IN  PUBLIC  SCHOOLS  PURSUANT  TO  SUBDIVISION  TWO  OF
 SECTION EIGHT HUNDRED ONE OF THIS CHAPTER;
   (3)  FOR  ALL  STUDENTS  OVER THE AGE OF EIGHT, SUBJECT TO SUBDIVISION
 FIVE OF THIS SECTION, A SIMILAR COURSE OF INSTRUCTION TO THE  COURSE  OF
 INSTRUCTION  IN  THE  DEVELOPMENT  OF  CHARACTER,  CITIZENSHIP, PHYSICAL
 FITNESS, HEALTH, AND THE  WORTHY  USE  OF  LEISURE  REQUIRED  IN  PUBLIC
 SCHOOLS  PURSUANT  TO SUBDIVISION FOUR OF SECTION EIGHT HUNDRED THREE OF
 THIS CHAPTER;
   (4) FOR ALL STUDENTS, SUBJECT TO SUBDIVISION  FIVE  OF  THIS  SECTION,
 INSTRUCTION  IN  HEALTH  EDUCATION  RELATING  TO MENTAL HEALTH, ALCOHOL,
 DRUG, AND TOBACCO ABUSE AND THE  PREVENTION  AND  DETECTION  OF  CERTAIN
 CANCERS AS REQUIRED BY SECTION EIGHT HUNDRED FOUR OF THIS CHAPTER;
   (5) FOR ALL STUDENTS, A SIMILAR COURSE OF INSTRUCTION TO THE COURSE OF
 INSTRUCTION  IN HIGHWAY SAFETY AND TRAFFIC REGULATION REQUIRED IN PUBLIC
 SCHOOLS BY SECTION EIGHT HUNDRED SIX OF THIS CHAPTER;
   (6) FOR ALL STUDENTS IN GRADES ONE THROUGH EIGHT, INSTRUCTION  IN  NEW
 YORK  STATE  HISTORY AND CIVICS AS REQUIRED BY SUBDIVISION THREE OF THIS
 SECTION;
   (7) FOR ALL STUDENTS, INSTRUCTION  IN  FIRE  DRILLS,  FIRE  AND  ARSON
 PREVENTION,  INJURY  PREVENTION  AND  LIFE  SAFETY EDUCATION PURSUANT TO
 SECTIONS EIGHT HUNDRED SEVEN AND EIGHT HUNDRED EIGHT  OF  THIS  CHAPTER;
 AND,
   (8)  FOR  STUDENTS  IN  SENIOR  HIGH SCHOOL, INSTRUCTION IN HANDS-ONLY
 CARDIOPULMONARY RESUSCITATION AND THE USE OF AN AUTOMATED EXTERNAL DEFI-
 BRILLATOR PURSUANT TO SUBDIVISION FIFTY-TWO OF SECTION 305 OF THIS CHAP-
 TER.
   (iv) [Nothing herein shall be  construed  to  entitle  or  permit  any
 school  to  receive  an  increase in mandated services aid pursuant to 8
 NYCRR 176 on account of providing a longer  school  day]  ANY  NONPUBLIC
 SCHOOL  THAT  SHALL  RECEIVE  MANDATED SERVICES AID OR OTHER STATE FUNDS
 MUST CERTIFY TO THE SATISFACTION OF THE COMMISSIONER  THAT  IT  PROVIDES
 INSTRUCTION THAT IS AT LEAST SUBSTANTIALLY EQUIVALENT TO THE INSTRUCTION
 GIVEN TO PUPILS OF LIKE AGE AND ATTAINMENTS TO THE PUBLIC SCHOOLS OF THE
 CITY  OR  DISTRICT  WHERE  THE  MINOR RESIDES. ANY NONPUBLIC SCHOOL THAT
 INTENTIONALLY OR NEGLIGENTLY MAKES A FALSE  CERTIFICATION  SHALL  RETURN
 ANY  STATE  FUNDS  RECEIVED  FOR  THE PERIOD TO WHICH SUCH CERTIFICATION
 APPLIES AND SHALL BE INELIGIBLE TO  RECEIVE  ANY  STATE  FUNDS  FOR  THE
 APPLICABLE PERIOD, AND SHALL FURTHER RETURN AND BE INELIGIBLE TO RECEIVE

 A. 7055                             4
 
 ANY  STATE FUNDS FOR FIVE YEARS FOLLOWING THE PERIOD FOR WHICH THE FALSE
 CERTIFICATION WAS APPLICABLE.
   (v)  The  commissioner  shall  be  the  entity that determines whether
 nonpublic elementary, MIDDLE and [secondary] HIGH schools are in compli-
 ance with the academic requirements set forth in paragraphs (ii)  [and],
 (iii)  AND  (III-A)  of  this  subdivision  AND  SHALL UNDERTAKE REGULAR
 REVIEWS TO ENSURE COMPLIANCE WITH THE SUBSTANTIAL  EQUIVALENCE  REQUIRE-
 MENTS PROVIDED PURSUANT TO THIS SUBDIVISION.
   § 2. This act shall take effect immediately.