S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    273
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. MYRIE, BAILEY, BIAGGI, COMRIE, GOUNARDES, HOYLMAN,
   JACKSON, PARKER, PERSAUD, RAMOS, SALAZAR --  read  twice  and  ordered
   printed,  and  when printed to be committed to the Committee on Educa-
   tion
 
 AN ACT to amend  the  education  law,  in  relation  to  establishing  a
   culturally  responsive  education curriculum and standards; and making
   an appropriation therefor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The education law is amended by adding a new section 804-e
 to read as follows:
   § 804-E. CULTURALLY RESPONSIVE EDUCATION CURRICULUM AND STANDARDS.  1.
 CULTURALLY  RESPONSIVE  EDUCATION RULES AND REGULATIONS. (A) THE COMMIS-
 SIONER SHALL PROMULGATE RULES AND REGULATIONS FOR THE IMPLEMENTATION  OF
 CULTURALLY  RESPONSIVE  EDUCATION  CURRICULUM  FOR ALL SCHOOLS INCLUDING
 ELEMENTARY SCHOOLS, JUNIOR HIGH SCHOOLS  AND  SENIOR  HIGH  SCHOOLS.  IN
 FORMULATING  SUCH  REGULATIONS,  THE  COMMISSIONER  SHALL  SEEK INPUT OF
 PARENTS, STUDENTS AND OTHER STAKEHOLDERS.
   (B) IN FORMULATING THE RULES AND REGULATIONS REQUIRED BY PARAGRAPH (A)
 OF THIS SUBDIVISION, THE COMMISSIONER SHALL RECOGNIZE  THAT:  MORE  THAN
 HALF  OF  NEW YORK STATE'S PUBLIC SCHOOL STUDENTS ARE STUDENTS OF COLOR;
 EDUCATION THAT MAKES A CULTURAL CONNECTION WITH STUDENTS HAS BEEN  SHOWN
 TO  IMPROVE  EDUCATIONAL  OUTCOMES; CULTURAL RESPONSIVENESS ADVANCES AND
 ACCELERATES  STUDENT  LEARNING  BY  HONORING  AND  SUPPORTING  STUDENTS'
 CULTURAL,  LINGUISTIC  AND  RACIAL EXPERIENCES; IN ORDER FOR STUDENTS TO
 GAIN THE FULL BENEFITS OF THE DIVERSITY OF NEW  YORK  STATE,  CULTURALLY
 RESPONSIVE  EDUCATION  MUST BE A PART OF THE DAILY SCHOOLING EXPERIENCES
 OF ALL STUDENTS; AND CULTURAL RESPONSIVENESS WILL PREPARE  EDUCATORS  TO
 RELATE ASPECTS OF STUDENTS' DAILY LIVES TO THE CURRICULUM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02295-01-1

 S. 273                              2
 
   (C)  ALL  SCHOOL  DISTRICTS, CHARTER SCHOOLS AND PRIVATE SCHOOLS SHALL
 INTEGRATE CULTURALLY RESPONSIVE EDUCATION THROUGHOUT  THE  EDUCATION  OF
 ALL  STUDENTS  AT ALL GRADE LEVELS IN ACCORDANCE WITH THE COMMISSIONER'S
 RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION.
   (D) THE COMMISSIONER'S RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE
 LIMITED  TO,  CURRICULUM  STANDARDS  FOR:  AFRICAN  AMERICAN HISTORY AND
 ACHIEVEMENT, LATINO AMERICAN HISTORY AND  ACHIEVEMENT,  NATIVE  AMERICAN
 HISTORY AND ACHIEVEMENT, ASIAN AMERICAN HISTORY AND ACHIEVEMENT, AND THE
 ROLE  OF  RACIAL  OPPRESSION AND INEQUITY BASED IN THE FORMATION, GROWTH
 AND EXISTENCE OF OUR NATION  AND  STATE.  THE  COMMISSIONER  SHALL  ALSO
 DEVELOP MODEL CURRICULA FOR USE BY SCHOOLS.
   2.  GRADUATION  STANDARDS. THE COMMISSIONER SHALL PROMULGATE RULES AND
 REGULATIONS REQUIRING ALL HIGH SCHOOL STUDENTS TO PASS  A  COURSE  IN  A
 SUBJECT  AREA  THAT  MEETS THE CULTURALLY RESPONSIVE EDUCATION STANDARDS
 ESTABLISHED BY THIS SECTION AS A PREREQUISITE FOR GRADUATION.
   3. TEACHER CERTIFICATION. THE COMMISSIONER SHALL PROMULGATE RULES  AND
 REGULATIONS  TO  INCLUDE  COMPLETION  OF  AT LEAST ONE COLLEGE COURSE IN
 EFFECTIVE TEACHING FOR STUDENTS OF DIVERSE  CULTURAL  BACKGROUNDS  AS  A
 PREREQUISITE FOR TEACHER CERTIFICATION.
   4.  PROFESSIONAL  DEVELOPMENT. THE COMMISSIONER SHALL PROMULGATE RULES
 AND REGULATIONS REQUIRING CULTURAL COMPETENCY AND CULTURALLY  RESPONSIVE
 EDUCATION  TO  BE INCORPORATED INTO THE ONGOING PROFESSIONAL DEVELOPMENT
 STANDARDS FOR ALL PRE-KINDERGARTEN THROUGH GRADE TWELVE EDUCATORS.
   5. CULTURALLY RESPONSIVE SCHOOL CLIMATE ASSESSMENT AND/OR RUBRIC.  THE
 COMMISSIONER SHALL CREATE A CULTURALLY RESPONSIVE SCHOOL CLIMATE ASSESS-
 MENT  AND/OR  RUBRIC WHICH SCHOOL DISTRICTS MAY UTILIZE IN ASSESSING THE
 CULTURAL RESPONSIVENESS OF THE EDUCATIONAL CLIMATE IN THEIR SCHOOLS  AND
 DISTRICT.  THIS  ASSESSMENT  AND/OR  RUBRIC SHALL BE CONSISTENT WITH THE
 PURPOSES OF THIS SECTION.
   6. PILOT PROGRAM. WITHIN AMOUNTS APPROPRIATED  THEREFOR,  THE  COMMIS-
 SIONER  SHALL  ESTABLISH A PILOT PROGRAM IN CULTURALLY RESPONSIVE EDUCA-
 TION AND SHALL MAKE  FUNDS  AVAILABLE  TO  SCHOOL  DISTRICTS  THROUGH  A
 REQUEST FOR PROPOSAL. THE AWARD OF SUCH FUNDS SHALL BE BASED ON CRITERIA
 TO  BE  DEVELOPED  BY  THE  COMMISSIONER  AND  APPROVED  BY THE BOARD OF
 REGENTS. THE COMMISSIONER SHALL PRIORITIZE DISTRICTS  WITH  THE  HIGHEST
 NEEDS AS MEASURED IN TERMS OF STUDENT POVERTY AND ENGLISH LANGUAGE LEAR-
 NERS  AND  OTHER DEMOGRAPHIC OR COMMUNITY FACTORS WHICH THE COMMISSIONER
 MAY IDENTIFY.   THE CRITERIA FOR AN AWARD  SHALL  INCLUDE,  BUT  NOT  BE
 LIMITED  TO,  THE  QUALITY  OF THE PROPOSAL AND ITS CONSISTENCY WITH THE
 PURPOSES OF THIS SECTION, THE ABILITY OF THE SCHOOL DISTRICT  TO  DEMON-
 STRATE  PARENT, FAMILY, STUDENT AND COMMUNITY ENGAGEMENT IN THE DEVELOP-
 MENT AND IMPLEMENTATION OF ITS PROPOSAL,  THE  CAPACITY  OF  THE  SCHOOL
 DISTRICT  TO  DRAW UPON THE DIRECT EXPERIENCES OF ITS STUDENTS, FAMILIES
 AND COMMUNITIES IN IMPLEMENTING THE PURPOSES OF THIS SECTION,  INCLUDING
 BUT  NOT LIMITED TO THE ABILITY TO DRAW UPON THESE EXPERIENCES IN IMPLE-
 MENTING PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION AND THE  UTILI-
 ZATION  OF  THE  CULTURALLY  RESPONSIVE SCHOOL CLIMATE ASSESSMENT AND/OR
 RUBRIC DEVELOPED BY THE  COMMISSIONER  OR  OF  A  COMPARABLE  ASSESSMENT
 AND/OR RUBRIC IN DEVELOPING ITS PROPOSAL.
   §  2. The sum of twenty-five million dollars ($25,000,000), or so much
 thereof as may be necessary, is hereby appropriated to the department of
 education out of any moneys in the state treasury in the general fund to
 the credit of the state purposes fund, not otherwise  appropriated,  and
 made  immediately  available,  for the sole purpose of providing funding
 for the pilot program in  culturally  responsive  education  established
 pursuant  to  subdivision  6  of  section 804-e of the education law, as

 S. 273                              3
 
 added by section one of this act. Such moneys shall be  payable  on  the
 audit  and  warrant of the comptroller on vouchers certified or approved
 by the commissioner of education in the manner prescribed by law.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.