S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5023
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to directing the  commis-
   sioner  of  education  to require public school districts to report on
   compliance with art education instruction requirements

   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 817 to
 read as follows:
   § 817. COMPLIANCE WITH ART EDUCATION INSTRUCTION REQUIREMENTS.  1. THE
 COMMISSIONER  SHALL  CREATE A PROCEDURE IN WHICH SCHOOL DISTRICT COMPLI-
 ANCE WITH ART EDUCATION INSTRUCTION REQUIREMENTS AS REQUIRED BY LAW  AND
 REGULATION  IN  ELEMENTARY AND SECONDARY GRADES IN ALL PUBLIC SCHOOLS IS
 REPORTED TO THE DEPARTMENT BY EACH SCHOOL  DISTRICT.  EACH  SUCH  REPORT
 SHALL  INCLUDE  BUT NOT BE LIMITED TO THE FOLLOWING INFORMATION FOR EACH
 SCHOOL DISTRICT:
   A. HOW MANY AND WHICH SCHOOLS DO NOT HAVE ART EDUCATION INSTRUCTION AS
 REQUIRED BY LAW AND REGULATION;
   B. THE REASON OR REASONS WHY THE SCHOOLS IN PARAGRAPH A OF THIS SUBDI-
 VISION ARE NOT IN COMPLIANCE WITH  ART  EDUCATION  INSTRUCTION  REQUIRE-
 MENTS;
   C.  THE  MAXIMUM  NUMBER  OF  STUDENTS  WHO  CAN RECEIVE ART EDUCATION
 INSTRUCTION AT EACH SCHOOL AND HOW MANY STUDENTS CURRENTLY  RECEIVE  ART
 EDUCATION INSTRUCTION AT EACH SCHOOL;
   D.  HOW  MANY  AND  WHICH  SCHOOLS DO NOT EMPLOY A TEACHER OR TEACHERS
 CERTIFIED IN ART EDUCATION FOR ART EDUCATION INSTRUCTION;
   E. HOW MANY AND WHICH SCHOOLS DO NOT PROVIDE THE CLASS  TIME  FOR  ART
 EDUCATION  INSTRUCTION  AS REQUIRED BY LAW AND REGULATION AND THE REASON
 OR REASONS WHY THE SCHOOLS DO NOT  PROVIDE  APPROPRIATE  TIME  FOR  SUCH
 INSTRUCTION; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01197-01-3
 A. 5023                             2
              

 
   F. HOW MANY AND WHICH SCHOOLS ARE NOT IN COMPLIANCE WITH ART EDUCATION
 INSTRUCTION  REQUIREMENTS  ESTABLISHED  IN  LAW AND REGULATION OR ARE IN
 VIOLATION OF ANY ART EDUCATION-RELATED LAW OR REGULATION.
   2.  EACH  SUPERINTENDENT  OF A SCHOOL DISTRICT WHICH CONTAINS AT LEAST
 ONE SCHOOL WHICH IS NOT IN COMPLIANCE  WITH  ART  EDUCATION  INSTRUCTION
 REQUIREMENTS ESTABLISHED IN LAW AND REGULATION SHALL:
   A. PREPARE A CORRECTIVE ACTION PLAN TO BE REVIEWED AND APPROVED BY THE
 BOARD OF EDUCATION AT A PUBLIC MEETING; AND
   B.  TO THE EXTENT PRACTICABLE, BEGIN IMPLEMENTATION OF SUCH CORRECTIVE
 ACTION PLAN THE FOLLOWING SCHOOL YEAR.
   3. A LIST OF THE SCHOOL DISTRICTS THAT FAIL TO COMPLY WITH THE REPORT-
 ING REQUIREMENTS IN SUBDIVISION ONE OF THIS SECTION SHALL BE  POSTED  ON
 THE DEPARTMENT'S WEBSITE.
   4.  ON  OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR, AND EVERY YEAR
 THEREAFTER, THE COMMISSIONER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS  OF
 THE SENATE AND ASSEMBLY COMMITTEES ON EDUCATION THE COMMISSIONER'S FIND-
 INGS  BASED  ON  THE INFORMATION REPORTED PURSUANT TO SUBDIVISION ONE OF
 THIS SECTION, INCLUDING AN ANALYSIS AND EXPLANATION  OF  THE  DATA,  AND
 SHALL IDENTIFY STEPS THAT CAN BE TAKEN TO ENSURE THAT ALL PUBLIC SCHOOLS
 ARE IN COMPLIANCE WITH ART EDUCATION INSTRUCTION REQUIREMENTS IN ELEMEN-
 TARY AND SECONDARY GRADES.
   § 2. This act shall take effect immediately.