S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1922
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS, BURGOS, SIMON, CLARK, KELLES --
   read once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to incorporating measures
   of racial and  socioeconomic  integration  into  state  accountability
   models

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds and declares  all
 of the following:
   (a)  The U.S. Supreme Court has declared that school diversity and the
 reduction of racial isolation are compelling government interests.
   (b) Racial and socioeconomic isolation in  schools  affects  students'
 ability  to  access experienced and qualified teachers, advanced course-
 work, high-quality instructional materials, and adequate  facilities  on
 an equitable basis.
   (c) Decades of research have found that racial and socioeconomic inte-
 gration of schools benefits all students.
   (d)  The  Elementary  and Secondary Education Act of 1965, 20 U.S.C. §
 6301, et seq., as amended by the Every Student Succeeds Act, P.L. 114-95
 requires state accountability systems to include an indicator of  school
 quality  or  student success which must meaningfully differentiate among
 schools and be valid, reliable, and comparable statewide.
   The legislature thereby establishes this act to  include  measures  of
 racial  and  socioeconomic  integration and equality of access in annual
 school report cards.
   § 2. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 57 to read as follows:
   57.  THE  COMMISSIONER  SHALL  ESTABLISH  MEASURES INCORPORATING INTE-
 GRATION INTO STATE ACCOUNTABILITY MODELS. SUCH MEASURES SHALL INCLUDE:
   A. CALCULATION OF A SCHOOL PROPORTIONALITY SCORE. FOR EACH SCHOOL, THE
 DEPARTMENT SHALL CALCULATE A PROPORTIONALITY  SCORE  THAT  COMPARES  THE
 DEMOGRAPHIC  PROFILES  OF  EACH SCHOOL TO THE DEMOGRAPHIC PROFILE OF THE
 COUNTY IN WHICH THE SCHOOL IS LOCATED IN ORDER TO MEASURE THE DEGREE  OF
 RACIAL  AND  ECONOMIC  SEGREGATION  IN  EACH  COUNTY  AND  THE DEGREE OF
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04877-01-3
 A. 1922                             2
 
 PROGRESS BEING MADE OVER TIME TOWARD GREATER DIVERSITY.  THE  DEPARTMENT
 SHALL CALCULATE THE PROPORTIONALITY SCORE FOR EACH SCHOOL AS FOLLOWS:
   (I)  MULTIPLY THE PROPORTION OF THE FIRST SUBGROUP FOUND IN THE COUNTY
 TIMES THE TOTAL POPULATION OF THE SCHOOL;
   (II) SUBTRACT FROM THE PRODUCT CALCULATED PURSUANT TO SUBPARAGRAPH (I)
 OF THIS PARAGRAPH THE POPULATION OF THE FIRST SUBGROUP IN THE SCHOOL;
   (III) CONVERT THE NUMBER CALCULATED IN SUBPARAGRAPHS (I) AND  (II)  OF
 THIS PARAGRAPH TO AN ABSOLUTE VALUE;
   (IV) REPEAT THE STEPS IN SUBPARAGRAPHS (I) THROUGH (III) OF THIS PARA-
 GRAPH FOR EVERY IDENTIFIED SUBGROUP AND SUM THE VALUES;
   (V)  DIVIDE  BY AN AMOUNT EQUAL TO THE TOTAL NUMBER OF STUDENTS IN THE
 SCHOOL MULTIPLIED BY TWO.
   B. REPORTING OF THE  SCHOOL  PROPORTIONALITY  SCORE.  A  SCHOOL  SHALL
 RECEIVE  A DESIGNATION OF "HIGHLY PROPORTIONAL" IF THEIR PROPORTIONALITY
 SCORE IS LESS THAN TEN PERCENT. THE SCHOOL SHALL RECEIVE  A  DESIGNATION
 OF  "PROPORTIONAL" IF THEIR PROPORTIONALITY SCORE IS BETWEEN TEN PERCENT
 AND LESS THAN TWENTY-FIVE PERCENT. THE SCHOOL  SHALL  RECEIVE  A  DESIG-
 NATION  OF  "SOMEWHAT DISPROPORTIONAL" IF THEIR PROPORTIONALITY SCORE IS
 BETWEEN TWENTY-FIVE PERCENT AND LESS  THAN  FIFTY  PERCENT.  THE  SCHOOL
 SHALL RECEIVE A DESIGNATION OF "HIGHLY DISPROPORTIONAL" IF THEIR PROPOR-
 TIONALITY SCORE IS FIFTY PERCENT OR ABOVE.
   C.  MEASURES  OF  EQUALITY OF ACCESS FOR CERTAIN SUBGROUPS OF STUDENTS
 SERVED BY A SCHOOL. IN ADDITION TO THE OVERALL SCHOOL PERFORMANCE SCORES
 AND GRADES AWARDED UNDER THIS SUBDIVISION, FOR EACH SCHOOL  THAT  SERVES
 ANY  HISTORICALLY  UNDERSERVED STUDENT SUBGROUP COMPRISING AT LEAST FIVE
 PERCENT OF THE SCHOOL'S STUDENT POPULATION, THE DEPARTMENT SHALL  CALCU-
 LATE  MEASURES  OF  EQUALITY  OF  ACCESS WHICH DEMONSTRATE THE EXTENT TO
 WHICH EACH  SCHOOL'S  POPULATION  OF  HISTORICALLY  UNDERSERVED  STUDENT
 SUBGROUPS  HAS  ACCESS  TO  SCHOOL RESOURCES ASSOCIATED WITH HIGH EDUCA-
 TIONAL ACHIEVEMENT.
   FOR EACH RACIAL OR ETHNIC SUBGROUP WITHIN A  SCHOOL  AND  FOR  ECONOM-
 ICALLY  DISADVANTAGED  AND  NON-ECONOMICALLY DISADVANTAGED STUDENTS, THE
 DEPARTMENT SHALL CALCULATE EACH SUBGROUP'S PARTICIPATION IN OR  EXPOSURE
 TO:
   (I) GIFTED AND TALENTED PROGRAMS OR ADVANCED COURSES;
   (II) TEACHERS WITH AT LEAST THREE YEARS OF EXPERIENCE; AND
   (III)  TEACHERS WITH CERTIFICATION FROM THE NATIONAL BOARD FOR PROFES-
 SIONAL TEACHING STANDARDS.
   FOR EACH SCHOOL, EACH RACIAL OR ETHNIC SUBGROUP WITHIN A  COUNTY,  AND
 ECONOMICALLY  DISADVANTAGED  AND NON-ECONOMICALLY DISADVANTAGED STUDENTS
 IN THE COUNTY, THE DEPARTMENT SHALL CALCULATE THE SCHOOL  OR  SUBGROUP'S
 AVERAGE:
   (A) NUMBER OF FIELD TRIPS;
   (B) HOURS OF INSTRUCTION IN ARTS OR MUSIC;
   (C) SCHOOL-LEVEL RATIO OF STUDENTS TO PSYCHOLOGISTS;
   (D) SCHOOL-LEVEL RATIO OF STUDENTS TO GUIDANCE COUNSELORS;
   (E) SCHOOL-LEVEL RATIO OF STUDENTS TO NURSES; AND
   (F) SCHOOL-LEVEL RATIO OF STUDENTS TO MEDIA SPECIALISTS.
   D. REPORTING. THE DATA CALCULATED IN PARAGRAPHS B AND C OF THIS SUBDI-
 VISION  SHALL BE REPORTED SEPARATELY ON THE ANNUAL SCHOOL REPORT CARD IN
 A WAY THAT ALLOWS FOR EASY COMPARISON OF SCHOOL-LEVEL  AND  COUNTY-LEVEL
 DATA.  THE SCHOOL REPORT CARD SHALL ALSO INDICATE WHETHER EACH SCHOOL IS
 MAKING  PROGRESS  TOWARDS  REDUCING  SCHOOL  SEGREGATION  AND  PROVIDING
 STUDENTS  WITH  EQUALITY  OF  ACCESS TO SCHOOL RESOURCES ASSOCIATED WITH
 HIGH EDUCATIONAL ACHIEVEMENT.
   § 3. This act shall take effect immediately.