NY State Senate Bill 2023-S5462

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
Mar 06, 2023	referred to education

2023-S5462 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3204, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S6423

2023-S5462 (ACTIVE) - Summary

Requires compliance with substantially equivalent education by nonpublic schools; outlines new requirements.

2023-S5462 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5462

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the education law, in relation to compliance with
substantially equivalent education by nonpublic schools

 
PURPOSE:

The purpose of this bill is to clarify that nonpublic schools must
provide an education to their students that is substantially equivalent
to public schools students and to require that such nonpublic schools
certify they are complying with the substantially equivalent standard or
they will be prohibited from receiving any state public funding.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of Section 3204 of the Education Law to
clarify that the State Education Department has an affirmative obli-
gation, including undertaking regular reviews of nonpublic schools'
curriculum and instruction, to ensure such nonpublic schools are provid-

ing a substantially equivalent education to their students.  It removes
language that establishes a different standard of education for nonpub-
lic schools that are non-profit corporations, have a bi-lingual program,
and have an educational program that extends for a prescribed period
each day. The bill provides criteria for the State Education Department
to consider in determining whether a nonpublic school is providing a
substantially equivalent education.  It also provides that any nonpublic
school that is to receive mandated services aid or other state funds
must certify to the Commissioner of Education that it provides instruc-
tion that is substantially equivalent to the instruction given to pupils
of like age and attainments to the public schools of the city or
district where the student resides. Any nonpublic school that inten-
tionally or negligently makes a false certification must return any
state funds received for the period to which such certification applies
and shall be ineligible to receive any state funds for the applicable
period, and shall further return and be ineligible to receive any state
funds for five years following the period for which the false certif-
ication was applicable.

Section 2 is the effective date.

 
JUSTIFICATION:

Certain nonpublic schools have failed to provide the fundamental educa-
tion to their students that is necessary for such students to succeed
and to be productive members of their communities. For instance, an
inquiry by the New York City Department of Education, which concluded in
2019, found that many nonpublic school students are not learning
English, math, history, science, or other secular subjects and that 26
out of the 28 schools they investigated failed to meet the basic stand-
ards for a secular education. The casualties of these failures are the
students, not the institutions that reap millions of dollars in state
funding that would be better directed to deserving schools that strive
to provide a sound education. At a time when education dollars are under
increasing threat for reductions, it is necessary to ensure that nonpub-
lic schools provide the substantially equivalent education that is
already required of them and, if they do not, such schools will not
qualify for state funds.  For nonpublic schools which satisfy their
education mandate, this will not be an issue, but for those that
routinely subvert the education that their students need, this legis-
lation will hold them accountable.

This bill would also repeal the existing statutory provisions which
allow certain nonpublic schools to develop a curriculum that is inferior
to public schools and other nonpublic schools. Through this change, the
bill will help ensure that these nonpublic schools do not establish or
perpetuate a separate, but unequal education for their students. There
is no reason that any nonpublic schools should be authorized and encour-
aged to provide a lesser curriculum. For nonpublic schools that are
dedicated to the education of their students, these amendments will not
affect their educational mission and they will continue to be able to
provide an education that is equal to or better than public schools.
Accordingly, this bill will remove a potential loophole to an inferior
education and instead ensure that all schools are held to an equitable
educational standard.

 
LEGISLATIVE HISTORY:

2021-2022: S.6423 - Referred to Education/A.7055 - Referred to Education

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5462 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5462
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the  education  law,  in  relation  to  compliance  with
   substantially equivalent education by nonpublic schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 3204  of  the  education  law,  as
 amended  by  section 1 of part SSS of chapter 59 of the laws of 2018, is
 amended to read as follows:
   2. Quality and language of instruction;  text-books.  (i)  Instruction
 may  be  given  only  by  a  competent  teacher.  In the teaching of the
 subjects of instruction prescribed by this section, English shall be the
 language of  instruction,  and  text-books  used  shall  be  written  in
 English,  except  that  for a period of three years, which period may be
 extended by the commissioner with respect  to  individual  pupils,  upon
 application  therefor by the appropriate school authorities, to a period
 not in excess of six years, from  the  date  of  enrollment  in  school,
 pupils  who, by reason of foreign birth or ancestry have limited English
 proficiency, shall be provided with instructional programs as  specified
 in  subdivision two-a of this section and the regulations of the commis-
 sioner. The purpose of providing such pupils with instruction  shall  be
 to enable them to develop academically while achieving competence in the
 English  language.  Instruction  given  to  a  minor elsewhere than at a
 public school shall be at least substantially equivalent to the instruc-
 tion given to minors of like age and attainments at the  public  schools
 of the city or district where the minor resides.
   (ii) For purposes of [considering] DETERMINING substantial equivalence
 pursuant to this subdivision for nonpublic elementary and middle schools
 [that  are:  (1) non-profit corporations, (2) have a bi-lingual program,
 and (3) have an educational program that extends from no later than nine
 a.m. until no earlier than four p.m. for grades one through  three,  and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09417-01-3

 S. 5462                             2

 no  earlier  than five thirty p.m. for grades four through eight, on the
 majority of weekdays], the department shall consider the following[, but
 not  limited  to:  if  the  curriculum  provides  academically  rigorous
 instruction  that  develops  critical  thinking  skills  in the school's
 students, taking into account the entirety of the curriculum,  over  the
 course of elementary and middle school, including instruction in English
 that  will prepare pupils to read fiction and nonfiction text for infor-
 mation and to use that information  to  construct  written  essays  that
 state a point of view or support an argument; instruction in mathematics
 that  will prepare pupils to solve real world problems using both number
 sense and fluency with mathematical functions and  operations;  instruc-
 tion  in  history by being able to interpret and analyze primary text to
 identify and explore important events in history, to  construct  written
 arguments  using the supporting information they get from primary source
 material, demonstrate an understating  of  the  role  of  geography  and
 economics in the actions of world civilizations, and an understanding of
 civics  and  the  responsibilities of citizens in world communities; and
 instruction in science by learning how to gather, analyze and  interpret
 observable  data to make informed decisions and solve problems mathemat-
 ically, using deductive and inductive reasoning to support a hypothesis,
 and   how   to   differentiate   between   correlational   and    causal
 relationships]:  (1) FOR GRADES ONE THROUGH SIX:  MATHEMATICS, INCLUDING
 ARITHMETIC, SCIENCE, AND TECHNOLOGY (CONCEPTS OF  SCIENCE,  MATHEMATICS,
 SOCIAL  SCIENCE, AND LANGUAGE ARTS IN A HANDS-ON, SYSTEMS-BASED APPROACH
 TO PROBLEM SOLVING THAT GUIDES STUDENTS IN  THE  UNDERSTANDING,  DESIGN,
 AND  DEVELOPMENT  OF SYSTEMS, DEVICES, AND PRODUCTS TO SERVE HUMAN NEEDS
 AND WANTS); ENGLISH LANGUAGE ARTS, INCLUDING READING,  WRITING,  LISTEN-
 ING, AND SPEAKING; SOCIAL STUDIES, INCLUDING GEOGRAPHY AND UNITED STATES
 HISTORY;  THE  ARTS; CAREER DEVELOPMENT AND OCCUPATIONAL STUDIES; HEALTH
 EDUCATION,  PHYSICAL  EDUCATION,  AND  FAMILY  AND  CONSUMER   SCIENCES.
 INSTRUCTION IN THESE SUBJECTS MAY BE INTEGRATED OR INCORPORATED INTO THE
 SYLLABUS OR SYLLABI OF OTHER COURSES; AND,
   (2)  FOR  GRADES  SEVEN  AND  EIGHT: MATHEMATICS (TWO UNITS OF STUDY);
 ENGLISH LANGUAGE ARTS (TWO UNITS OF STUDY); SOCIAL STUDIES (TWO UNITS OF
 STUDY); SCIENCE (TWO UNITS OF STUDY); CAREER  AND  TECHNICAL  EDUCATION,
 WHEREIN  THE  UNIT OF STUDY REQUIREMENT MAY BE INITIATED IN GRADE 5 (ONE
 AND THREE-FOURTHS UNITS OF STUDY); PHYSICAL EDUCATION  (SIMILAR  COURSES
 OF  INSTRUCTION  TO THOSE REQUIRED IN PUBLIC SCHOOLS PURSUANT TO SECTION
 135.4 OF NYCRR); HEALTH EDUCATION (ONE-HALF UNIT OF STUDY); VISUAL  ARTS
 (ONE-HALF  UNIT  OF  STUDY); MUSIC (ONE-HALF UNIT OF STUDY); LIBRARY AND
 INFORMATION SKILLS, WHICH MAY BE INCORPORATED  OR  INTEGRATED  INTO  ANY
 OTHER  SUBJECTS  (THE  EQUIVALENT OF ONE PERIOD PER WEEK IN GRADES SEVEN
 AND EIGHT); CAREER DEVELOPMENT AND OCCUPATIONAL STUDIES,  WHICH  MAY  BE
 INCORPORATED OR INTEGRATED INTO ANY OTHER SUBJECTS.
   (iii)  For  purposes  of  [considering] DETERMINING substantial equiv-
 alence pursuant to this subdivision for nonpublic  high  schools  [that:
 (1) are established for pupils in high school who have graduated from an
 elementary  school  that  provides  instruction  as  described  in  this
 section, (2)  are  a  non-profit  corporation,  (3)  have  a  bi-lingual
 program,  and (4) have an educational program that extends from no later
 than nine a.m. until no earlier than six p.m. on the majority  of  week-
 days], the department shall consider the following [but not limited to]:
 [if  the  curriculum  provides  academically  rigorous  instruction that
 develops critical thinking skills in the school's students, the outcomes
 of which, taking into account the entirety of the curriculum, result  in
 a  sound basic education] FOR GRADES NINE THROUGH TWELVE: INSTRUCTION IN
 S. 5462                             3
 
 ENGLISH (FOUR UNITS OF STUDY); SOCIAL STUDIES  (FOUR  UNITS  OF  STUDY);
 MATHEMATICS  (THREE  UNITS  OF  STUDY);  SCIENCE (THREE UNITS OF STUDY);
 HEALTH (ONE-HALF UNIT  OF  STUDY);  PHYSICAL  EDUCATION  (TWO  UNITS  OF
 STUDY); THE ARTS (ONE UNIT OF STUDY).
   (III-A)  FOR  PURPOSES OF DETERMINING SUBSTANTIAL EQUIVALENCE PURSUANT
 TO THIS SUBDIVISION FOR  NONPUBLIC SCHOOLS, THE DEPARTMENT SHALL CONSID-
 ER WHETHER THE NONPUBLIC  SCHOOL  MEETS  OTHER  STATUTORY  INSTRUCTIONAL
 REQUIREMENTS, INCLUDING:
   (1)  FOR  ALL  STUDENTS  OVER  EIGHT YEARS OF AGE, A SIMILAR COURSE OF
 INSTRUCTION TO THE COURSE OF INSTRUCTION IN PATRIOTISM  AND  CITIZENSHIP
 REQUIRED  IN PUBLIC SCHOOLS PURSUANT TO SUBDIVISION ONE OF SECTION EIGHT
 HUNDRED ONE OF THIS CHAPTER;
   (2) FOR ALL STUDENTS GRADES EIGHT AND  HIGHER,  A  SIMILAR  COURSE  OF
 INSTRUCTION  TO  THE  COURSE  OF  INSTRUCTION  IN  THE HISTORY, MEANING,
 SIGNIFICANCE, AND EFFECT OF THE PROVISIONS OF THE  CONSTITUTION  OF  THE
 UNITED  STATES  AND THE AMENDMENTS THERETO, THE DECLARATION OF INDEPEND-
 ENCE, AND THE CONSTITUTION OF THE STATE OF NEW YORK AND  THE  AMENDMENTS
 THERETO  REQUIRED  IN  PUBLIC  SCHOOLS  PURSUANT  TO  SUBDIVISION TWO OF
 SECTION EIGHT HUNDRED ONE OF THIS CHAPTER;
   (3) FOR ALL STUDENTS OVER THE AGE OF  EIGHT,  SUBJECT  TO  SUBDIVISION
 FIVE  OF  THIS SECTION, A SIMILAR COURSE OF INSTRUCTION TO THE COURSE OF
 INSTRUCTION IN  THE  DEVELOPMENT  OF  CHARACTER,  CITIZENSHIP,  PHYSICAL
 FITNESS,  HEALTH,  AND  THE  WORTHY  USE  OF  LEISURE REQUIRED IN PUBLIC
 SCHOOLS PURSUANT TO SUBDIVISION FOUR OF SECTION EIGHT HUNDRED  THREE  OF
 THIS CHAPTER;
   (4)  FOR  ALL  STUDENTS,  SUBJECT TO SUBDIVISION FIVE OF THIS SECTION,
 INSTRUCTION IN HEALTH EDUCATION  RELATING  TO  MENTAL  HEALTH,  ALCOHOL,
 DRUG,  AND  TOBACCO  ABUSE  AND  THE PREVENTION AND DETECTION OF CERTAIN
 CANCERS AS REQUIRED BY SECTION EIGHT HUNDRED FOUR OF THIS CHAPTER;
   (5) FOR ALL STUDENTS, A SIMILAR COURSE OF INSTRUCTION TO THE COURSE OF
 INSTRUCTION IN HIGHWAY SAFETY AND TRAFFIC REGULATION REQUIRED IN  PUBLIC
 SCHOOLS BY SECTION EIGHT HUNDRED SIX OF THIS CHAPTER;
   (6)  FOR  ALL STUDENTS IN GRADES ONE THROUGH EIGHT, INSTRUCTION IN NEW
 YORK STATE HISTORY AND CIVICS AS REQUIRED BY SUBDIVISION THREE  OF  THIS
 SECTION;
   (7)  FOR  ALL  STUDENTS,  INSTRUCTION  IN  FIRE DRILLS, FIRE AND ARSON
 PREVENTION, INJURY PREVENTION AND  LIFE  SAFETY  EDUCATION  PURSUANT  TO
 SECTIONS  EIGHT  HUNDRED  SEVEN AND EIGHT HUNDRED EIGHT OF THIS CHAPTER;
 AND,
   (8) FOR STUDENTS IN SENIOR  HIGH  SCHOOL,  INSTRUCTION  IN  HANDS-ONLY
 CARDIOPULMONARY RESUSCITATION AND THE USE OF AN AUTOMATED EXTERNAL DEFI-
 BRILLATOR  PURSUANT  TO  SUBDIVISION  FIFTY-TWO OF SECTION THREE HUNDRED
 FIVE OF THIS CHAPTER.
   (iv) [Nothing herein shall be  construed  to  entitle  or  permit  any
 school  to  receive  an  increase in mandated services aid pursuant to 8
 NYCRR 176 on account of providing a longer  school  day]  ANY  NONPUBLIC
 SCHOOL  THAT  SHALL  RECEIVE  MANDATED SERVICES AID OR OTHER STATE FUNDS
 MUST CERTIFY TO THE SATISFACTION OF THE COMMISSIONER  THAT  IT  PROVIDES
 INSTRUCTION THAT IS AT LEAST SUBSTANTIALLY EQUIVALENT TO THE INSTRUCTION
 GIVEN TO PUPILS OF LIKE AGE AND ATTAINMENTS TO THE PUBLIC SCHOOLS OF THE
 CITY  OR  DISTRICT  WHERE  THE  MINOR RESIDES. ANY NONPUBLIC SCHOOL THAT
 INTENTIONALLY OR NEGLIGENTLY MAKES A FALSE  CERTIFICATION  SHALL  RETURN
 ANY  STATE  FUNDS  RECEIVED  FOR  THE PERIOD TO WHICH SUCH CERTIFICATION
 APPLIES AND SHALL BE INELIGIBLE TO  RECEIVE  ANY  STATE  FUNDS  FOR  THE
 APPLICABLE PERIOD, AND SHALL FURTHER RETURN AND BE INELIGIBLE TO RECEIVE
 S. 5462                             4
 
 ANY  STATE FUNDS FOR FIVE YEARS FOLLOWING THE PERIOD FOR WHICH THE FALSE
 CERTIFICATION WAS APPLICABLE.
   (v)  The  commissioner  shall  be  the  entity that determines whether
 nonpublic elementary, MIDDLE and [secondary] HIGH schools are in compli-
 ance with the academic requirements set forth in paragraphs (ii)  [and],
 (iii)  AND  (III-A)  of  this  subdivision  AND  SHALL UNDERTAKE REGULAR
 REVIEWS TO ENSURE COMPLIANCE WITH THE SUBSTANTIAL  EQUIVALENCE  REQUIRE-
 MENTS PROVIDED PURSUANT TO THIS SUBDIVISION.
   § 2. This act shall take effect immediately.

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Senate Bill S5462

Sponsored By

Current Bill Status - In Senate Committee Education Committee

2023-S5462 (ACTIVE) - Details

2023-S5462 (ACTIVE) - Summary

2023-S5462 (ACTIVE) - Sponsor Memo

2023-S5462 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5462

Share this bill

Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Education Committee

2023-S5462 (ACTIVE) - Details

2023-S5462 (ACTIVE) - Summary

2023-S5462 (ACTIVE) - Sponsor Memo

2023-S5462 (ACTIVE) - Bill Text download pdf

Comments