NY State Senate Bill 2021-S9412

Senate Bill S9412

2021-2022 Legislative Session

Authorizes the commissioner of education to conduct a study on incorporated nonpublic schools in the state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2022	referred to education

2021-S9412 (ACTIVE) - Details

See Assembly Version of this Bill:: A8023
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3204, Ed L

2021-S9412 (ACTIVE) - Summary

Directs the commissioner of education to conduct a study on incorporated nonpublic schools in the state; relates to nonpublic school compliance with instruction requirements.

2021-S9412 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9412

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act in relation to authorizing the commissioner of education to
conduct a study on incorporated nonpublic schools in the state; and to
amend the education law, in relation to nonpublic school compliance with
instruction requirements

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to authorize the commissioner to conduct a
study on nonpublic schools incorporated in this state and provide that a
nonpublic school shall be in compliance with certain state education law
requirements if the nonpublic school is accredited by an accrediting
agency approved by the Commissioner.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes the commissioner of education to conduct a study on
all incorporated nonpublic schools in the state that are currently oper-

ating, or which have applied for incorporation and which have not yet
been approved, including nonpublic schools incorporated through filings
with a county in the state, with the department of state, or with the
state education department.

Section 2 provides that the commissioner of education shall recognize
and approve accreditation agencies. This section also provides that a
nonpublic elementary or high school that is accredited or is in provi-
sional status by an accreditation agency, which shall have the authority
to approve such schools, based on the standards established by that
agency, shall be deemed to be in full compliance with the requirements
of section 3204 of education law. The commissioner may at any time
revoke his or her approval of an accreditation agency for cause.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Education Law § 3204(2) requires that instruction for students in
nonpublic schools 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 minor resides.  After-updating
the guidance for this topic and, subsequently, proposing regulations
regarding substantially equivalent instruction in nonpublic schools in
July 2019, the New York State Education Department (NYSED) received a
high volume of public comments.

In an effort to engage and gather input to inform policy decisions
related to substantial equivalence, NYSED held six regional meetings in
November and December 2020 with stakeholder's representative of the
racial, linguistic, cultural and religious identities encompassed in New
York's more than 1,800 religious and independent schools, as well as
public school leaders from around the state. Each meeting centered on
breakout group discussions to gather stakeholders' suggestions for,
criteria and systems to ensure that schools are fulfilling their educa-
tional obligations under the law.

Stakeholders largely agreed that the process for determining substantial
equivalency should be efficient, effective, and not redundant. To that
end this this legislation will ensure that the state education depart-
ment has the ability to determine the number of nonpublic schools
currently incorporated in New York State. This legislation will also
ensure that nonpublic schools operating in this state have the ability
to be deemed in full compliance with education law requirements if they
have been fully or provisionally accredited by an accreditation agency
approved by the Commissioner of Education.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

Assembly:

A8023-A passed in 2021 and 2022

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S9412 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9412
 
                             I N  S E N A T E
 
                               May 25, 2022
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT in relation to  authorizing  the  commissioner  of  education  to
   conduct a study on incorporated nonpublic schools in the state; and to
   amend  the  education  law, in relation to nonpublic school compliance
   with instruction requirements

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  commissioner of education may conduct a study on all
 incorporated nonpublic schools in the state that are  currently  operat-
 ing, or which have applied for incorporation and which have not yet been
 approved,  including nonpublic schools incorporated through filings with
 a county in the state, with the department of state, or with  the  state
 education department. Such study shall include, but not be limited to:
   (i) the number of nonpublic schools incorporated in the state;
   (ii) the name of each nonpublic school;
   (iii)  whether  the  nonpublic  school is incorporated as a religious,
 independent non-profit, or independent for-profit school;
   (iv) the total enrollment of each nonpublic school;
   (v) the grade levels offered at each nonpublic school;
   (vi) the address of each nonpublic school;
   (vii) the name of the school district in which the nonpublic school is
 located;
   (viii) the basic educational data code of  the  nonpublic  school,  if
 available; and
   (ix)  whether  the  nonpublic  school is currently registered with the
 state education department.
   Upon completion, the commissioner of education shall deliver a  report
 of  the  findings of such study to the governor, the temporary president
 of the senate, the speaker of the assembly, the minority leader  of  the
 senate and the minority leader of the assembly.
   §  2.  Section  3204  of  the education law is amended by adding a new
 subdivision 6 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11777-05-2

 S. 9412                             2
 
   6. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE  CONTRARY,  THE
 COMMISSIONER  SHALL RECOGNIZE AND APPROVE ACCREDITATION AGENCIES FOR THE
 PURPOSE OF FULFILLING  THE  REQUIREMENTS  OF  SUBDIVISION  TWO  OF  THIS
 SECTION.  A NONPUBLIC ELEMENTARY OR HIGH SCHOOL THAT IS ACCREDITED OR IS
 IN  PROVISIONAL  STATUS BY AN ACCREDITATION AGENCY, WHICH SHALL HAVE THE
 AUTHORITY TO APPROVE SUCH SCHOOLS, BASED ON THE STANDARDS ESTABLISHED BY
 THAT AGENCY, SHALL BE DEEMED TO BE IN FULL COMPLIANCE WITH THE  REQUIRE-
 MENTS  OF  THIS  SECTION. THE COMMISSIONER MAY AT ANY TIME REVOKE HIS OR
 HER APPROVAL OF AN ACCREDITATION AGENCY FOR CAUSE.
   § 3. This act shall take effect immediately.

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