LBD13314-02-2
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THE FABRIC OF OUR SOCIETY; AND IN SPITE OF THESE EVENTS THERE ARE
ENDLESS EXAMPLES OF THE INFLUENCE OF THE HISTORY OF AFRICANS ON THE
ECONOMIC, CULTURAL, POLITICAL AND SOCIAL FOUNDATION OF THE UNITED
STATES, THE AMERICAS AND THE ECONOMIES, POLITICS AND SOCIETIES OF EUROPE
AND BEYOND AND THE ENDURING LEGACY OF CHATTEL SLAVERY IN THE UNITED
STATES AND THE AMERICAS, INCLUDING THE SOCIAL CONSTRUCT OF RACE, INEQUI-
TY AND INJUSTICE STEMMING FROM RACISM, PERSEVERANCE, ACTIVISM AND
SIGNIFICANT CONTRIBUTIONS OF THE ENSLAVED, THEIR DESCENDANTS AND STAKE-
HOLDERS, THROUGHOUT HISTORY.
2. ALL PEOPLE SHOULD KNOW OF AND REMEMBER THE HUMAN CARNAGE AND DEHU-
MANIZING ATROCITIES COMMITTED DURING THE PERIOD OF THE AFRICAN SLAVE
TRADE AND SLAVERY IN AMERICA AND OF THE VESTIGES OF SLAVERY IN THIS
COUNTRY; AND IT IS IN FACT VITAL TO EDUCATE OUR CITIZENS ON THESE
EVENTS, THE LEGACY OF SLAVERY, THE SAD HISTORY OF RACISM IN THIS COUN-
TRY, AND ON THE PRINCIPLES OF HUMAN RIGHTS AND DIGNITY IN A CIVILIZED
SOCIETY.
3. IT IS THE POLICY OF THE STATE OF NEW YORK THAT BLACK HISTORY,
INCLUDING THE HISTORY OF AFRICA, THE TRANS-ATLANTIC SLAVE TRADE, THE
AFRICAN DIASPORA, CHATTEL SLAVERY, THE AFRICAN SLAVE TRADE, SLAVERY IN
AMERICA, THE LEGACY OF SLAVERY ON OUR SOCIETY, THE DEPTH OF THEIR IMPACT
IN OUR SOCIETY, AND THE TRIUMPHS OF AFRICANS AND THEIR DESCENDANTS AND
THEIR SIGNIFICANT CONTRIBUTIONS TO THE DEVELOPMENT OF THIS COUNTRY IS
THE PROPER CONCERN OF ALL PEOPLE, PARTICULARLY STUDENTS ENROLLED IN THE
SCHOOLS OF THE STATE OF NEW YORK.
4. THERE IS A NEED FOR EDUCATION REFORM FROM PRESCHOOL THROUGH COLLEGE
IN ORDER TO MITIGATE THE DEVASTATING EFFECT OF RACISM IN EDUCATION AND
THE COMPLETE MISEDUCATION OF OUR POPULATION AROUND BLACK HISTORY.
5. IT IS THEREFORE DESIRABLE TO CREATE A STATE-LEVEL COMMISSION, WHICH
SHALL OVERSEE THE BUDGET AND OPERATION OF THE AMISTAD COMMISSION AS IT
SEEKS TO PROVIDE THE STUDENTS OF NEW YORK WITH A MORE ADEQUATE INCLU-
SION OF THE HISTORY OF AFRICA, CHATTEL SLAVERY, THE AFRICAN DIASPORA,
THE LEGACY OF SLAVERY AND THE CONTRIBUTIONS OF AFRICAN-AMERICANS IN
BUILDING OUR COUNTRY.
§ 1302. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. "COMMISSION" SHALL MEAN THE AMISTAD COMMISSION.
2. "AFRICAN-AMERICAN" SHALL MEAN ALL PEOPLE OF AFRICAN DESCENT IN THE
UNITED STATES.
3. "DEPARTMENT" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN
SUBDIVISION SIX OF SECTION TWO OF THIS CHAPTER.
4. "COMMISSIONER" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
IN SUBDIVISION FIVE OF SECTION TWO OF THIS CHAPTER.
§ 1303. COMMISSION ESTABLISHED. 1. THE AMISTAD COMMISSION, SO NAMED IN
HONOR OF THE GROUP OF ENSLAVED AFRICANS LED BY JOSEPH CINQUE WHO, WHILE
BEING TRANSPORTED IN EIGHTEEN HUNDRED THIRTY-NINE ON A VESSEL NAMED THE
AMISTAD, GAINED THEIR FREEDOM AFTER OVERTHROWING THE CREW AND EVENTUALLY
HAVING THEIR CASE SUCCESSFULLY ARGUED BEFORE THE UNITED STATES SUPREME
COURT, IS HEREBY CREATED AND ESTABLISHED. THE COMMISSION SHALL CONSIST
OF TWENTY MEMBERS, INCLUDING THE COMMISSIONER OF EDUCATION OR HIS OR HER
DESIGNEE, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK OR HIS OR
HER DESIGNEE, SERVING EX OFFICIO, AND SIXTEEN PUBLIC MEMBERS. PUBLIC
MEMBERS SHALL BE APPOINTED AS FOLLOWS: THE PUBLIC MEMBERS SHALL BE RESI-
DENTS OF THE STATE, CHOSEN WITH DUE REGARD TO BROAD GEOGRAPHIC REPRESEN-
TATION AND RACIAL AND ETHNIC DIVERSITY, WHO HAVE KNOWLEDGE OF THE HISTO-
RY OF ANCIENT AFRICA, THE TRANS-ATLANTIC SLAVE TRADE, SLAVERY IN THE
AMERICAS, THE AFRICAN DIASPORA, THE ACCOMPLISHMENTS, EXPERIENCES, AND
S. 9443 3
CONTRIBUTIONS OF PEOPLE OF AFRICAN DESCENT TO OUR SOCIETY, AND THE
ENDURING LEGACY OF SLAVERY.
2. THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL RESIDE AS A VOTING
MEMBER. THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY SHALL SERVE AS VOTING MEMBERS FOR THE TWO-YEAR LEGISLATIVE
TERM. ALL PUBLIC MEMBERS SHALL SERVE AS VOTING MEMBERS.
3. THE COMMISSION SHALL BE ALLOCATED IN BUT NOT OF THE DEPARTMENT, BUT
NOTWITHSTANDING THIS ALLOCATION, THE COMMISSION SHALL BE INDEPENDENT OF
ANY SUPERVISION OR CONTROL BY THE DEPARTMENT OR ANY BOARD OR OFFICER
THEREOF.
4. EACH PUBLIC MEMBER OF THE COMMISSION SHALL SERVE FOR A TERM OF
THREE YEARS. PUBLIC MEMBERS SHALL BE ELIGIBLE FOR REAPPOINTMENT. THEY
SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALIFIED, AND THE
TERM OF THE SUCCESSOR OF ANY INCUMBENT SHALL BE CALCULATED FROM THE
EXPIRATION OF THE TERM OF THAT INCUMBENT. A VACANCY OCCURRING OTHER THAN
BY EXPIRATION OF TERM SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL
APPOINTMENT BUT FOR THE UNEXPIRED TERM ONLY.
5. THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION BUT
SHALL BE ENTITLED TO REIMBURSEMENT FOR ALL NECESSARY EXPENSES INCURRED
IN THE PERFORMANCE OF THEIR DUTIES.
6. THE COMMISSION SHALL ANNUALLY ELECT A CHAIRPERSON AND A VICE-CHAIR-
PERSON FROM AMONG ITS MEMBERS. THE COMMISSION SHALL MEET UPON THE CALL
OF THE CHAIRPERSON OR OF A MAJORITY OF THE COMMISSION MEMBERS. THE PRES-
ENCE OF A MAJORITY OF THE AUTHORIZED VOTING MEMBERSHIP OF THE COMMISSION
SHALL BE REQUIRED FOR THE CONDUCT OF OFFICIAL BUSINESS.
7. THE COMMISSION SHALL INTERVIEW AND APPOINT AN EXECUTIVE DIRECTOR,
WHO SHALL SERVE AT ITS PLEASURE AND SHALL BE A PERSON QUALIFIED BY
TRAINING AND EXPERIENCE TO PERFORM THE DUTIES OF THE OFFICE. THE COMMIS-
SION SHALL APPROVE ALL COMMISSION PERSONNEL JOB DESCRIPTIONS AND ALL
PERSONS RECOMMENDED FOR EMPLOYMENT BY ITS EXECUTIVE DIRECTOR.
8. THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE AND DATA TO THE
COMMISSION AS MAY BE NECESSARY FOR THE COMMISSION TO CARRY OUT ITS
RESPONSIBILITIES PURSUANT TO THIS ARTICLE.
9. THE EXECUTIVE DIRECTOR SHALL SUBMIT A REQUEST FOR THE BUDGET FOR AN
AMOUNT NOT LESS THAN ONE MILLION FOUR HUNDRED THOUSAND DOLLARS DIRECTLY
TO THE GOVERNOR ANNUALLY. THE LEGISLATURE SHALL APPROPRIATE SUFFICIENT
FUNDING TO ENSURE THAT THE COMMISSION CARRIES OUT THE PROVISIONS OF THIS
ARTICLE. ONE HUNDRED THOUSAND DOLLARS OF SUCH FUNDING SHALL BE ALLO-
CATED ANNUALLY FOR TRAVEL EXPENSES, INCLUDING BUT NOT LIMITED TO
EXPENSES FOR OVERNIGHT ACCOMMODATIONS AND RETREATS.
§ 1304. COMMISSION DUTIES AND RESPONSIBILITIES. 1. THE COMMISSION
SHALL:
(A) MARKET AND DISTRIBUTE TO EDUCATORS, ADMINISTRATORS AND SCHOOL
DISTRICTS IN THE STATE EDUCATIONAL INFORMATION AND OTHER MATERIALS ON
THE HISTORY OF ANCIENT AFRICA, THE TRANS-ATLANTIC SLAVE TRADE, SLAVERY
IN THE AMERICAS, THE AFRICAN DIASPORA, THE ACCOMPLISHMENTS, EXPERIENCES,
AND CONTRIBUTIONS OF PEOPLE OF AFRICAN DESCENT TO OUR SOCIETY, AND THE
ENDURING LEGACY OF SLAVERY;
(B) CONDUCT TEACHER WORKSHOPS ANNUALLY ON THE HISTORY OF ANCIENT AFRI-
CA, THE TRANS-ATLANTIC SLAVE TRADE, SLAVERY IN THE AMERICAS, THE AFRICAN
DIASPORA, THE ACCOMPLISHMENTS, EXPERIENCES, AND CONTRIBUTIONS OF PEOPLE
OF AFRICAN DESCENT TO OUR SOCIETY, AND THE ENDURING LEGACY OF SLAVERY;
(C) MONITOR AND ASSESS THE INCLUSION OF SUCH MATERIALS AND CURRICULA
IN THE STATE'S EDUCATIONAL SYSTEM;
(D) SURVEY, CATALOG, AND RECOMMEND TO THE DEPARTMENT THE EXPANSION OF
CONTENT ABOUT THE HISTORY OF ANCIENT AFRICA, THE TRANS-ATLANTIC SLAVE
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TRADE, SLAVERY IN THE AMERICAS, THE AFRICAN DIASPORA, THE ACCOMPLISH-
MENTS, EXPERIENCES, AND CONTRIBUTIONS OF PEOPLE OF AFRICAN DESCENT TO
OUR SOCIETY, AND THE ENDURING LEGACY OF SLAVERY TO BE INCORPORATED INTO
THE LEARNING STANDARDS ESTABLISHED BY THE BOARD OF REGENTS AND TAUGHT IN
THE STATE'S EDUCATIONAL SYSTEM;
(E) SURVEY AND CATALOG THE EXTENT AND BREADTH OF EDUCATION CONCERNING
AFRICA, THE TRANS-ATLANTIC SLAVE TRADE, THE AFRICAN DIASPORA, CHATTEL
SLAVERY, THE AFRICAN SLAVE TRADE, SLAVERY IN AMERICA, AND THE LEGACY OF
SLAVERY ON OUR SOCIETY PRESENTLY BEING INCORPORATED INTO THE CURRICULA
AND TEXTBOOKS AND TAUGHT IN THE SCHOOL SYSTEMS OF THE STATE; AND, TO
INVENTORY THOSE AFRICAN SLAVE TRADE, AMERICAN SLAVERY, OR RELEVANT AFRI-
CAN-AMERICAN HISTORY MEMORIALS, EXHIBITS AND RESOURCES WHICH SHOULD BE
INCORPORATED INTO COURSES OF STUDY AT EDUCATIONAL INSTITUTIONS AND
SCHOOLS THROUGHOUT THE STATE;
(F) COMPILE A ROSTER OF INDIVIDUAL PROFESSIONALS, CONSULTANTS, AND
EXPERTS WHO ARE WILLING TO CONTRACT TO SHARE THEIR KNOWLEDGE AND EXPERI-
ENCE IN CLASSROOMS, SEMINARS AND WORKSHOPS WITH STUDENTS AND TEACHERS ON
THE SUBJECT OF AFRICA, THE TRANS-ATLANTIC SLAVE TRADE, THE AFRICAN DIAS-
PORA, CHATTEL SLAVERY, THE AFRICAN SLAVE TRADE, SLAVERY IN AMERICA, AND
THE LEGACY OF SLAVERY ON OUR SOCIETY;
(G) PREPARE REPORTS FOR THE GOVERNOR AND THE LEGISLATURE REGARDING ITS
FINDINGS AND RECOMMENDATIONS ON FACILITATING THE INCLUSION OF AFRICA,
THE TRANS-ATLANTIC SLAVE TRADE, THE AFRICAN DIASPORA, CHATTEL SLAVERY,
THE AFRICAN SLAVE TRADE, SLAVERY IN AMERICA, AND THE LEGACY OF SLAVERY
ON OUR SOCIETY AND SPECIAL PROGRAMS IN THE EDUCATIONAL SYSTEM OF THE
STATE; AND
(H) INCREASE AWARENESS AND ENCOURAGE SCHOOL DISTRICTS TO UTILIZE
CURRICULA ON AFRICAN-AMERICAN HISTORY BY:
(I) PROVIDING CURRICULUM AND PROFESSIONAL DEVELOPMENT SUPPORT FOR
PUBLIC SCHOOL DISTRICTS AND/OR PUBLIC SCHOOLS FOR THE ACQUISITION OF
SUCH CURRICULAR MATERIALS, GUIDES, TEXTS, AND COACHING SO AS TO INCREASE
THE EFFICACY OF TEACHING AND LEARNING OF SUCH KNOWLEDGE AND TO EFFECT
ITS FULL INTEGRATION INTO THE CURRICULUM OF ALL SUCH PUBLIC SCHOOLS; AND
(II) PRIORITIZE THE HIRING, CONTRACTING, AND PROCUREMENT OF SUCH
SERVICES AND MATERIALS NECESSARY TO EFFECTUATE THE PROVISIONS OF PARA-
GRAPH (A) OF THIS SUBDIVISION FROM AMONG THE PROFESSIONALS, CONSULTANTS,
AND EXPERTS WHO REPRESENT A BROAD ETHNIC DIVERSITY THAT ALSO HAVE A
DEMONSTRATED LIFE EXPERIENCE AND EDUCATIONAL BACKGROUND IN THE HISTORY
OF AFRICA, THE TRANS-ATLANTIC SLAVE TRADE, THE AFRICAN DIASPORA, CHATTEL
SLAVERY, THE AFRICAN SLAVE TRADE, SLAVERY IN AMERICA, AND THE LEGACY OF
SLAVERY ON OUR SOCIETY.
2. MONETARY INCENTIVES SHALL BE APPROPRIATED FOR SCHOOLS TO UTILIZE
EXISTING BUDGETS TO REPLACE OUTDATED MATERIALS AND TEACHING METHODOL-
OGIES.
§ 1305. CURRICULUM. 1. THE COMMISSION SHALL PROVIDE CURRICULUM, EDUCA-
TIONAL EXPERIENCES THROUGH PRIMARY SOURCES AND NARRATIVES, LEARNING
MATERIALS, AND PERFORMANCE BASED AND PROJECT-BASED ASSESSMENTS FOR ALL
GRADES INCLUDING PRESCHOOL THROUGH COLLEGE ABOUT:
(A) AFRICA, THE AFRICAN DIASPORA, THE AFRICAN SLAVE TRADE, SLAVERY
AND SEGREGATION IN AMERICA, THE IMPACT OF SLAVERY IN OUR SOCIETY, THE
TRANS-ATLANTIC SLAVE TRADE, THE LEGACY OF SLAVERY ON OUR SOCIETY AND THE
INFLUENCE OF THE HISTORY OF AFRICANS ON THE ECONOMIC, CULTURAL, POLI-
TICAL AND SOCIAL FOUNDATION OF THE UNITED STATES, THE AMERICAS AND THE
ECONOMIES, POLITICS AND SOCIETIES OF EUROPE AND BEYOND;
(B) THE INSTITUTION OF CHATTEL SLAVERY IN THE AMERICAS AND EUROPE; AND
S. 9443 5
(C) THE ENDURING LEGACY OF CHATTEL SLAVERY IN THE UNITED STATES AND
THE AMERICAS, INCLUDING BUT NOT LIMITED TO:
(I) THE SOCIAL CONSTRUCT OF RACE;
(II) INEQUITY AND INJUSTICE STEMMING FROM RACISM; AND
(III) PERSEVERANCE, ACTIVISM AND CONTRIBUTIONS OF THE ENSLAVED, THEIR
DESCENDANTS AND STAKEHOLDERS, THROUGHOUT HISTORY.
2. THE INSTRUCTION SHALL ALSO EMPHASIZE THE PERSONAL RESPONSIBILITY OF
EACH CITIZEN TO FIGHT RACISM AND HATRED WHENEVER AND WHEREVER IT HAPPENS
AND TO UPHOLD THE NATIONAL IDEALS OF FREEDOM AND JUSTICE FOR ALL.
3. THE DEPARTMENT SHALL WORK WITH THE COMMISSION TO ENSURE THAT ALL
DEPARTMENT ASSESSMENT TOOLS FOR SCHOOLS WITHIN THE STATE ARE INCLUSIVE
OF THE CURRICULAR REQUIREMENTS ESTABLISHED, INCLUDING, BUT NOT LIMITED
TO:
(A) INCLUSION IN THE DISTRICT COMPREHENSIVE EDUCATION PLAN AND SCHOOL
COMPREHENSIVE EDUCATION PLAN; AND
(B) INCLUSION IN DISTRICT DIVERSITY, EQUITY, AND INCLUSION PLANS.
§ 1306. AUTHORIZATION. 1. THE COMMISSION IS AUTHORIZED TO CALL UPON
ANY DEPARTMENT, OFFICE, DIVISION OR AGENCY OF THE STATE, OR ANY COUNTY,
MUNICIPALITY OR SCHOOL DISTRICT OF THE STATE, TO SUPPLY SUCH DATA,
PROGRAM REPORTS AND OTHER INFORMATION, AS IT DEEMS NECESSARY TO
DISCHARGE ITS RESPONSIBILITIES UNDER THIS ARTICLE.
2. SUCH DEPARTMENTS, OFFICES, DIVISIONS AND AGENCIES SHALL, TO THE
EXTENT POSSIBLE AND NOT INCONSISTENT WITH ANY OTHER LAW OF THIS STATE,
COOPERATE WITH THE COMMISSION AND SHALL FURNISH IT WITH SUCH INFORMATION
AND ASSISTANCE AS MAY BE NECESSARY OR HELPFUL TO ACCOMPLISH THE PURPOSES
OF THIS ARTICLE.
§ 3. Section 801 of the education law is amended by adding a new
subdivision 3-a to read as follows:
3-A. THE REGENTS SHALL PRESCRIBE COURSES OF INSTRUCTION IN ACCORDANCE
WITH THE REQUIREMENTS OF SECTION THIRTEEN HUNDRED FIVE OF THIS CHAPTER.
SIMILAR COURSES OF INSTRUCTION SHALL BE PRESCRIBED AND MAINTAINED IN
PRIVATE SCHOOLS AND OFFERED TO HOME SCHOOLS IN THE STATE, AND ALL PUPILS
IN SUCH SCHOOLS IN GRADES OR CLASSES CORRESPONDING TO THE INSTRUCTION IN
THE EIGHTH AND HIGHER GRADES OF THE PUBLIC SCHOOLS SHALL ATTEND UPON
SUCH COURSES. IF SUCH COURSES ARE NOT SO ESTABLISHED AND MAINTAINED IN A
PRIVATE SCHOOL, ATTENDANCE UPON INSTRUCTION IN SUCH SCHOOL SHALL NOT BE
DEEMED SUBSTANTIALLY EQUIVALENT TO INSTRUCTION GIVEN TO PUPILS IN THE
PUBLIC SCHOOLS OF THE CITY OR DISTRICT IN WHICH SUCH PUPILS RESIDE.
§ 4. This act shall take effect immediately, provided, however, that
section 1305 of the education law, as added by section two of this act,
and subdivision 3-a of section 801 of the education law, as added by
section three of this act shall take effect on July 1, 2022.