LBD00149-01-5
S. 30 2
TICAL AND OTHER CUSTOMS; THE VESTIGES OF SLAVERY IN THIS COUNTRY CONTIN-
UED WITH THE LEGALIZATION OF SECOND CLASS CITIZENSHIP STATUS FOR AFRI-
CAN-AMERICANS THROUGH FROM THE END OF RECONSTRUCTION IN 1876 UNTIL THE
CIVIL RIGHTS ERA THAT SPANNED THE 1950S THROUGH 1968, INCLUDING JIM CROW
LAWS, SEGREGATION AND OTHER SIMILAR PRACTICES; THE LEGACY OF SLAVERY HAS
PERVADED 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
CULTURAL, ECONOMIC, POLITICAL AND SOCIAL FOUNDATION OF THE UNITED
STATES, THE AMERICAS AND THE ECONOMIES, POLITICS AND SOCIETIES OF EUROPE
AND BEYOND. THE ENDURING LEGACY OF CHATTEL SLAVERY IN THE UNITED STATES
AND THE AMERICAS, INCLUDING THE SOCIAL CONSTRUCT CREATED AND CEMENTED BY
THE BIOLOGICAL MYTH OF RACE AND THE RESULTING INEQUITIES AND INJUSTICES
STEMMING FROM RACISM. THAT WAS CHALLENGED BY THE PERSEVERANCE, ACTIVISM
AND AFOREMENTIONED CONTRIBUTIONS OF THE ENSLAVED AFRICANS, THEIR
DESCENDANTS AND STAKEHOLDERS, THROUGHOUT HISTORY.
2. WE SHOULD KNOW OF AND REMEMBER THE HUMAN CARNAGE AND DEHUMANIZING
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 COUNTRY, AND ON THE PRIN-
CIPLES 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-AMERICANS" SHALL MEAN ALL PAN-AFRICAN PEOPLE IN THE AMERI-
CAS.
3. "BLACK HISTORY" OR "BLACK STUDIES" SHALL MEAN THE HISTORY OF AFRI-
CA, THE TRANS-ATLANTIC SLAVE TRADE, THE AFRICAN DIASPORA, CHATTEL SLAV-
ERY, SLAVERY IN THE AMERICAS, THE LEGACY OF SLAVERY IN OUR SOCIETY, THE
DEPTH OF THEIR IMPACT IN OUR SOCIETY, AND THE TRIUMPHS OF AFRICANS IN
THE AMERICAS AND THEIR DESCENDANTS AND THEIR SIGNIFICANT CONTRIBUTIONS.
IT SHALL ELEVATE HISTORICALLY MARGINALIZED VOICES. IT SHALL INCLUDE
OPPORTUNITIES TO LEARN ABOUT POWER AND PRIVILEGE IN THE CONTEXT OF VARI-
OUS COMMUNITIES AND EMPOWERS LEARNERS TO BE AGENTS OF POSITIVE SOCIAL
CHANGE. IT SHALL PROVIDE THE OPPORTUNITY TO LEARN ABOUT PERSPECTIVES
BEYOND ONE'S OWN SCOPE. IT SHALL WORK TOWARD DISMANTLING SYSTEMS OF
BIASES AND INEQUITIES AND DECENTERING DOMINANT IDEOLOGIES IN EDUCATION.
4. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF EDUCATION AS SUCH TERM IS
DEFINED IN SUBDIVISION SIX OF SECTION TWO OF THIS CHAPTER.
S. 30 3
5. "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-ONE MEMBERS, INCLUDING THE COMMISSIONER OF EDUCATION OR SUCH
COMMISSIONER'S DESIGNEE, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW
YORK OR SUCH CHANCELLOR'S DESIGNEE, SERVING EX OFFICIO, A DESIGNEE
APPOINTED BY THE GOVERNOR WHO HAS A BACKGROUND IN EDUCATION AND SIXTEEN
PUBLIC MEMBERS. PUBLIC MEMBERS SHALL BE APPOINTED AS FOLLOWS: THE
PUBLIC MEMBERS SHALL BE RESIDENTS OF THE STATE, CHOSEN WITH DUE REGARD
TO BROAD GEOGRAPHIC REPRESENTATION AND RACIAL AND ETHNIC DIVERSITY, WHO
HAVE KNOWLEDGE OF BLACK STUDIES.
2. THE COMMISSIONER OR SUCH COMMISSIONER'S 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 HAVE A SEPARATE BUDGET FROM THE DEPARTMENT AND
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 FOUR
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 EXPIRA-
TION 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. THE EXECUTIVE DIRECTOR
SHALL IDENTIFY THEIR STAFF AND THE PERSONNEL COMMITTEE OF SUCH COMMIS-
SION SHALL APPROVE SUCH HIRES THROUGH EQUITABLE HIRING PRACTICES.
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.
S. 30 4
§ 1304. COMMISSION DUTIES AND RESPONSIBILITIES. 1. THE COMMISSION
SHALL, INCLUDING BUT NOT LIMITED TO, BLUE RIBBON COMMISSION RECOMMENDA-
TIONS:
(A) CREATE A STATE-DEVELOPED RUBRIC OR RUBRICS FOR ANY PERFORMANCE-
BASED ASSESSMENTS ALLOWED AS AN OPTION TO SATISFY THE DIPLOMA ASSESSMENT
REQUIREMENTS OF THE STATE;
(B) REQUIRE ALL STATE TEACHER PREPARATION PROGRAMS TO PROVIDE INSTRUC-
TION IN CULTURALLY RESPONSIVE-SUSTAINING EDUCATION, DIVERSITY, EQUITY,
AND INCLUSION AND ACCESSIBILITY LENS IN ALL SUBJECT AREAS, INCLUDING
HISTORY; AND
(C) INCLUDE SUCH INFORMATION IN DISTRICT COMPREHENSIVE IMPROVEMENT
PLANS OR OTHER ACCOUNTABILITY MEASURES PROVIDED BY THE DEPARTMENT.
2. IN CRAFTING A FRAMEWORK FOR THE IMPLEMENTATION OF BLACK STUDIES,
THE COMMISSION SHALL:
(A) ADOPT AND/OR ADAPT A BLACK HISTORY CURRICULUM WITH SCOPE AND
SEQUENCE AND GRADE LEVEL OUTCOMES AND MARKET AND DISTRIBUTE SUCH INFOR-
MATION AND MATERIALS TO EDUCATORS, ADMINISTRATORS AND SCHOOL DISTRICTS
IN THE STATE;
(B) CONDUCT TEACHER WORKSHOPS ANNUALLY ON BLACK HISTORY;
(C) MONITOR AND ASSESS THE INCLUSION OF SUCH MATERIALS AND CURRICULA
IN THE STATE'S EDUCATIONAL SYSTEM;
(D) IN ORDER TO FACILITATE THE COMMISSION'S ADOPTION AND/OR ADAPTATION
OF A BLACK HISTORY CURRICULUM WITH SCOPE AND SEQUENCE AND GRADE LEVEL
OUTCOMES, SURVEY, CATALOG, AND RECOMMEND TO THE DEPARTMENT:
(I) THE ALIGNMENT OR CRAFT EDUCATIONAL STANDARDS THAT ARE CULTURALLY
RELEVANT AND INCLUSIVE;
(II) THE SCOPE OF BLACK HISTORY, WHICH SHALL INCLUDE BUT NOT BE LIMIT-
ED TO, HISTORY, CULTURE, CONTRIBUTIONS, SOCIAL MOVEMENTS, LITERATURE,
AND THE ARTS FROM ANCIENT TO CONTEMPORARY TIMES;
(III) THE INCORPORATION OF BLACK HISTORY ACROSS MULTIPLE SUBJECTS,
INCLUDING BUT NOT LIMITED TO, HISTORY, SOCIAL STUDIES, LITERATURE, AND
THE ARTS TO PROVIDE A HOLISTIC VIEW; AND
(IV) DIVERSE VIEWPOINTS WITHIN THE AFRICAN AMERICAN COMMUNITY, HIGH-
LIGHTING GENDER, REGIONAL, SOCIOECONOMIC, AND IDEOLOGICAL DIVERSITY.
(E) SURVEY AND CATALOG THE EXTENT AND BREADTH OF EDUCATION CONCERNING
BLACK HISTORY PRESENTLY BEING INCORPORATED INTO THE CURRICULA AND TEXT-
BOOKS AND TAUGHT IN THE SCHOOL SYSTEMS OF THE STATE; AND, TO INVENTORY
THOSE AFRICAN SLAVE TRADE, AMERICAN SLAVERY, OR RELEVANT AFRICAN-AMERI-
CAN HISTORY MEMORIALS, EXHIBITS AND RESOURCES WHICH SHOULD BE INCORPO-
RATED 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 BLACK HISTORY;
(G) PREPARE REPORTS FOR THE GOVERNOR AND THE LEGISLATURE REGARDING ITS
FINDINGS AND RECOMMENDATIONS ON FACILITATING THE INCLUSION OF BLACK
HISTORY AND SPECIAL PROGRAMS IN THE EDUCATIONAL SYSTEM OF THE STATE; AND
(H) INCREASE AWARENESS AND ENCOURAGE SCHOOL DISTRICTS TO UTILIZE
CURRICULA ON BLACK 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
S. 30 5
(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 BLACK HISTO-
RY.
3. 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) BLACK HISTORY AND 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;
(B) THE INSTITUTION OF CHATTEL SLAVERY IN THE AMERICAS AND EUROPE; AND
(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 BLACK HISTORY CURRICULUM AND AVAILABLE FOR SCHOOL DISTRICTS TO
ADOPT 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.
4. CURRICULUM SHALL BE DISSEMINATED BY THE COMMISSION AND SHALL INCOR-
PORATE THE LEARNING STANDARDS ESTABLISHED BY THE BOARD OF REGENTS.
§ 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
S. 30 6
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 the first of July next
succeeding the date upon which it shall have become a law.