S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1049
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. RAMOS, BICHOTTE HERMELYN, SIMON, SEAWRIGHT, HYND-
   MAN,  MEEKS, KELLES, WALKER, EPSTEIN, GIBBS, SIMONE, CUNNINGHAM, REYES
   -- read once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to school district diver-
   sity, equity and inclusion officers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section 2101 of the education law, as
 amended by chapter 107 of the laws  of  1976,  is  amended  to  read  as
 follows:
   1. Each common school district shall have one or three trustees as the
 district  determines, a collector except in first class towns and except
 as may be otherwise provided by law, A DIVERSITY, EQUITY  AND  INCLUSION
 OFFICER, and if the district so decides a treasurer.
   §  2.  Section 2102 of the education law, as amended by chapter 737 of
 the laws of 1992, is amended to read as follows:
   § 2102. Qualifications of officers.   Every  school  district  officer
 must  be  able  to  read  and write and must be a qualified voter of the
 district; and each member of a board of education of a union free school
 district, common school district or a central school district shall have
 been a resident of the school district, or in the case of a person qual-
 ified by subdivision three of section  twenty  hundred  twelve  of  this
 chapter  to  vote  in a district election, a resident of the district or
 reservation, for at least one year prior to the election.  Notwithstand-
 ing  the provisions of any other general or special law to the contrary,
 a school district treasurer, collector, DIVERSITY, EQUITY AND  INCLUSION
 OFFICER  or  clerk need not be a resident of the school district to hold
 such office in such district.
   § 3. Subdivision 1 of section 2103 of the education law is amended  to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00413-01-5
 A. 1049                             2
              

 
   1.  No district superintendent or supervisor is eligible to the office
 of trustee or member of a board of education, and no trustee  or  member
 of  a  board of education can hold the office of district clerk, collec-
 tor, DIVERSITY, EQUITY AND INCLUSION OFFICER,  treasurer  or  librarian,
 except as otherwise provided by section twenty-one hundred thirty.
   §  4.  Section  2103  of  the education law is amended by adding a new
 subdivision 5 to read as follows:
   5.  AN  ADMINISTRATIVE  EMPLOYEE  OF  THE  SCHOOL  DISTRICT  SHALL  BE
 APPOINTED  AS  THE SCHOOL DISTRICT DIVERSITY, EQUITY AND INCLUSION OFFI-
 CER.
   § 5.  The part heading of part 2 of article 43 of the education law is
 amended to read as follows:
         DISTRICT CLERK; TREASURER; DIVERSITY, EQUITY AND INCLUSION
                            OFFICER; COLLECTOR
   § 6.  The education law is amended by adding a  new  section  2131  to
 read as follows:
   §  2131.  DUTIES OF DIVERSITY, EQUITY AND INCLUSION OFFICER.  IT SHALL
 BE THE DUTY OF THE DIVERSITY,  EQUITY  AND  INCLUSION  OFFICER  OF  EACH
 SCHOOL  DISTRICT  TO  DEVELOP  METHODS TO DIVERSIFY THE PERSONNEL OF THE
 SCHOOL DISTRICT, WITH AN EMPHASIS ON DIVERSIFYING TEACHING STAFF.    THE
 DIVERSITY, EQUITY AND INCLUSION OFFICER SHALL ANNUALLY REVIEW RACIAL AND
 ETHNIC  DISPARITIES  WITHIN  THE SCHOOL DISTRICT AND SHALL ENCOURAGE AND
 ASSIST  IN  THE  RECRUITMENT  AND  RETENTION  OF  A  MORE  RACIALLY  AND
 ETHNICALLY  DIVERSE STAFF.   THE DIVERSITY, EQUITY AND INCLUSION OFFICER
 SHALL ALSO REVIEW SCHOOL DISTRICT POLICIES AND PRACTICES  AND  RECOMMEND
 CHANGES  TO  SUCH  POLICIES  AND  PRACTICES  TO REDUCE RACIAL AND ETHNIC
 DISPARITIES IN HIRING SCHOOL DISTRICT EMPLOYEES, PARTICULARLY  TEACHERS.
 THE  DIVERSITY,  EQUITY  AND  INCLUSION  OFFICER SHALL PUBLISH AN ANNUAL
 REPORT ON THE SCHOOL DISTRICT'S PLANS, PROCESSES AND PROGRESS IN  HIRING
 AND  RETAINING EDUCATORS OF COLOR. SUCH REPORT SHALL BE PRESENTED TO THE
 LOCAL BOARD OF EDUCATION AND SHALL BE AVAILABLE TO THE PUBLIC.
   § 7. Section 1709 of the education law is  amended  by  adding  a  new
 subdivision 44 to read as follows:
   44.  TO PREPARE A REPORT IN RESPONSE TO THE ANNUAL REPORT PRESENTED TO
 THE  BOARD  OF  EDUCATION BY THE DIVERSITY, EQUITY AND INCLUSION OFFICER
 PURSUANT TO SECTION TWENTY-ONE HUNDRED THIRTY-ONE OF THIS TITLE RELATING
 TO THE SCHOOL DISTRICT'S PLANS, PROCESSES AND  PROGRESS  IN  HIRING  AND
 RETAINING  EDUCATORS  OF  COLOR AND TO SUBMIT SUCH REPORT TO THE DEPART-
 MENT.
   § 8. Section 1804 of the education law is  amended  by  adding  a  new
 subdivision 13 to read as follows:
   13.  THE BOARD SHALL PREPARE A REPORT IN RESPONSE TO THE ANNUAL REPORT
 PRESENTED TO THE BOARD OF EDUCATION BY THE DIVERSITY, EQUITY AND  INCLU-
 SION  OFFICER  PURSUANT TO SECTION TWENTY-ONE HUNDRED THIRTY-ONE OF THIS
 TITLE RELATING TO THE SCHOOL DISTRICT'S PLANS, PROCESSES AND PROGRESS IN
 HIRING AND RETAINING EDUCATORS OF COLOR AND TO SUBMIT SUCH REPORT TO THE
 DEPARTMENT.
   § 9. Section 2503 of the education law is  amended  by  adding  a  new
 subdivision 22 to read as follows:
   22.  SHALL PREPARE A REPORT IN RESPONSE TO THE ANNUAL REPORT PRESENTED
 TO THE BOARD OF EDUCATION BY THE DIVERSITY, EQUITY AND INCLUSION OFFICER
 PURSUANT TO SECTION TWENTY-ONE HUNDRED THIRTY-ONE OF THIS TITLE RELATING
 TO THE SCHOOL DISTRICT'S PLANS, PROCESSES AND  PROGRESS  IN  HIRING  AND
 RETAINING  EDUCATORS  OF  COLOR AND TO SUBMIT SUCH REPORT TO THE DEPART-
 MENT.
 A. 1049                             3
 
   § 10. Section 2554 of the education law is amended  by  adding  a  new
 subdivision 29 to read as follows:
   29.  TO PREPARE A REPORT IN RESPONSE TO THE ANNUAL REPORT PRESENTED TO
 THE BOARD OF EDUCATION BY THE DIVERSITY, EQUITY  AND  INCLUSION  OFFICER
 PURSUANT TO SECTION TWENTY-ONE HUNDRED THIRTY-ONE OF THIS TITLE RELATING
 TO  THE  SCHOOL  DISTRICT'S  PLANS, PROCESSES AND PROGRESS IN HIRING AND
 RETAINING EDUCATORS OF COLOR AND TO SUBMIT SUCH REPORT  TO  THE  DEPART-
 MENT.
   §  11.  Section  305  of  the education law is amended by adding a new
 subdivision 63 to read as follows:
   63. THE COMMISSIONER SHALL PREPARE  AN  ANNUAL  REPORT  BASED  ON  THE
 REPORTS  SUBMITTED  TO  THE  DEPARTMENT  BY LOCAL BOARDS OF EDUCATION ON
 SCHOOL DISTRICTS' PLANS, PROCESSES AND PROGRESS IN HIRING AND  RETAINING
 EDUCATORS OF COLOR AND SHALL SUBMIT SUCH REPORT TO THE LEGISLATURE ANNU-
 ALLY.
   § 12. This act shall take effect immediately.