Bill Text: NY A01939 | 2023-2024 | General Assembly | Introduced

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Bill Title: Allocates the Amistad commission to work alongside the department of education and on behalf of students in the state; repeals certain provisions relating to the Amistad commission; requires schools in the state to provide curriculum relating to Black history, slavery, and race.

Spectrum: Partisan Bill (Democrat 26-0)

Status: (Introduced - Dead) 2024-06-03 - print number 1939a [A01939 Detail]

Download: New_York-2023-A01939-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1939

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by  M.  of  A.  ZINERMAN, TAYLOR, SEAWRIGHT, DICKENS, AUBRY,
          HEVESI, SIMON, GONZALEZ-ROJAS, GLICK, OTIS, DAVILA, COOK,  JACKSON  --
          read once and referred to the Committee on Education

        AN ACT to amend the education law, in relation to allocating the Amistad
          commission  in  the  department  of  education,  and repealing certain
          provisions of the arts and cultural affairs law relating to the  Amis-
          tad commission

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Article 57-B of  the  arts  and  cultural  affairs  law  is
     2  REPEALED.
     3    §  2.  The education law is amended by adding a new article 25 to read
     4  as follows:
     5                                 ARTICLE 25
     6                           THE AMISTAD COMMISSION
     7  Section 1301. Legislative findings.
     8          1302. Definitions
     9          1303. Commission established.
    10          1304. Commission duties and responsibilities.
    11          1305. Curriculum.
    12          1306. Authorization.
    13    § 1301. Legislative findings. The legislature finds and declares that:
    14    1. During the period beginning late in the fifteenth  century  through
    15  the  nineteenth  century,  millions  of  persons  of African origin were
    16  enslaved and brought to the Western  Hemisphere,  including  the  United
    17  States  of  America;  anywhere  from  between twenty to fifty percent of
    18  enslaved Africans died during their journey to the  Western  Hemisphere;
    19  the  enslavement  of  Africans  and  their  descendants  was  part  of a
    20  concerted effort of physical and psychological terrorism  that  deprived
    21  groups  of people of African descent the opportunity to preserve many of
    22  their social, religious, political and other customs;  the  vestiges  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01424-01-3
        A. 1939                             2

     1  slavery  in this country continued with the legalization of second class
     2  citizenship status for African-Americans through Jim Crow  laws,  segre-
     3  gation  and  other similar practices; the legacy of slavery has pervaded
     4  the  fabric  of  our  society;  and  in  spite of these events there are
     5  endless examples of the influence of the  history  of  Africans  on  the
     6  economic,  cultural,  political  and  social  foundation  of  the United
     7  States, the Americas and the economies, politics and societies of Europe
     8  and beyond and the enduring legacy of  chattel  slavery  in  the  United
     9  States and the Americas, including the social construct of race, inequi-
    10  ty  and  injustice  stemming  from  racism,  perseverance,  activism and
    11  significant contributions of the enslaved, their descendants and  stake-
    12  holders, throughout history.
    13    2.  All people should know of and remember the human carnage and dehu-
    14  manizing atrocities committed during the period  of  the  African  slave
    15  trade  and  slavery  in  America  and of the vestiges of slavery in this
    16  country; and it is in fact  vital  to  educate  our  citizens  on  these
    17  events,  the  legacy of slavery, the sad history of racism in this coun-
    18  try, and on the principles of human rights and dignity  in  a  civilized
    19  society.
    20    3.  It  is  the  policy  of  the state of New York that Black history,
    21  including the history of Africa, the  trans-Atlantic  slave  trade,  the
    22  African  diaspora,  chattel slavery, the African slave trade, slavery in
    23  America, the legacy of slavery on our society, the depth of their impact
    24  in our society, and the triumphs of Africans and their  descendants  and
    25  their  significant  contributions  to the development of this country is
    26  the proper concern of all people, particularly students enrolled in  the
    27  schools of the state of New York.
    28    4. There is a need for education reform from preschool through college
    29  in  order  to mitigate the devastating effect of racism in education and
    30  the complete miseducation of our population around Black history.
    31    5. It is therefore desirable to create a state-level commission, which
    32  shall oversee the budget and operation of the Amistad commission  as  it
    33  seeks  to  provide the students of New York with a  more adequate inclu-
    34  sion of the history of Africa, chattel slavery,  the  African  diaspora,
    35  the  legacy  of  slavery  and  the contributions of African-Americans in
    36  building our country.
    37    § 1302. Definitions. For the purposes of this article:
    38    1. "Commission" shall mean the Amistad commission.
    39    2. "African-American" shall mean all people of African descent in  the
    40  United States.
    41    3. "Department" shall have the same meaning as such term is defined in
    42  subdivision six of section two of this chapter.
    43    4.  "Commissioner" shall have the same meaning as such term is defined
    44  in subdivision five of section two of this chapter.
    45    § 1303. Commission established. 1. The Amistad commission, so named in
    46  honor of the group of enslaved Africans led by Joseph Cinque who,  while
    47  being  transported in eighteen hundred thirty-nine on a vessel named the
    48  Amistad, gained their freedom after overthrowing the crew and eventually
    49  having their case successfully argued before the United  States  Supreme
    50  Court,  is  hereby created and established. The commission shall consist
    51  of twenty members, including the commissioner of education or his or her
    52  designee, the temporary president of the  senate,  the  speaker  of  the
    53  assembly,  the  chancellor of the state university of New York or his or
    54  her designee, serving ex officio, and sixteen public  members.    Public
    55  members shall be appointed as follows: The public members shall be resi-
    56  dents of the state, chosen with due regard to broad geographic represen-
        A. 1939                             3

     1  tation and racial and ethnic diversity, who have knowledge of the histo-
     2  ry  of  ancient  Africa,  the trans-Atlantic slave trade, slavery in the
     3  Americas, the African diaspora, the  accomplishments,  experiences,  and
     4  contributions  of  people  of  African  descent  to our society, and the
     5  enduring legacy of slavery.
     6    2. The commissioner or his or her designee shall reside  as  a  voting
     7  member.    The  temporary president of the senate and the speaker of the
     8  assembly shall serve as voting  members  for  the  two-year  legislative
     9  term. All public members shall serve as voting members.
    10    3. The commission shall be allocated in but not of the department, but
    11  notwithstanding  this allocation, the commission shall be independent of
    12  any supervision or control by the department or  any  board  or  officer
    13  thereof.
    14    4.  Each  public  member  of  the commission shall serve for a term of
    15  three years. Public members shall be eligible  for  reappointment.  They
    16  shall  serve until their successors are appointed and qualified, and the
    17  term of the successor of any incumbent  shall  be  calculated  from  the
    18  expiration of the term of that incumbent. A vacancy occurring other than
    19  by expiration of term shall be filled in the same manner as the original
    20  appointment but for the unexpired term only.
    21    5.  The members of the commission shall serve without compensation but
    22  shall be entitled to reimbursement for all necessary  expenses  incurred
    23  in the performance of their duties.
    24    6. The commission shall annually elect a chairperson and a vice-chair-
    25  person  from  among its members. The commission shall meet upon the call
    26  of the chairperson or of a majority of the commission members. The pres-
    27  ence of a majority of the authorized voting membership of the commission
    28  shall be required for the conduct of official business.
    29    7. The commission shall interview and appoint an  executive  director,
    30  who  shall  serve  at  its  pleasure  and shall be a person qualified by
    31  training and experience to perform the duties of the office. The commis-
    32  sion shall approve all commission personnel  job  descriptions  and  all
    33  persons recommended for employment by its executive director.
    34    8.  The  department shall provide technical assistance and data to the
    35  commission as may be necessary for  the  commission  to  carry  out  its
    36  responsibilities pursuant to this article.
    37    9. The executive director shall submit a request for the budget for an
    38  amount  not less than one million four hundred thousand dollars directly
    39  to the governor annually. The legislature shall  appropriate  sufficient
    40  funding to ensure that the commission carries out the provisions of this
    41  article.    One  hundred thousand dollars of such funding shall be allo-
    42  cated annually  for  travel  expenses,  including  but  not  limited  to
    43  expenses for overnight accommodations and retreats.
    44    §  1304.  Commission  duties  and  responsibilities. 1. The commission
    45  shall:
    46    (a) Market and distribute  to  educators,  administrators  and  school
    47  districts  in  the  state educational information and other materials on
    48  the history of ancient Africa, the trans-Atlantic slave  trade,  slavery
    49  in the Americas, the African diaspora, the accomplishments, experiences,
    50  and  contributions  of people of African descent to our society, and the
    51  enduring legacy of slavery;
    52    (b) Conduct teacher workshops annually on the history of ancient Afri-
    53  ca, the trans-Atlantic slave trade, slavery in the Americas, the African
    54  diaspora, the accomplishments, experiences, and contributions of  people
    55  of African descent to our society, and the enduring legacy of slavery;
        A. 1939                             4

     1    (c)  Monitor  and assess the inclusion of such materials and curricula
     2  in the state's educational system;
     3    (d)  Survey, catalog, and recommend to the department the expansion of
     4  content about the history of ancient Africa,  the  trans-Atlantic  slave
     5  trade,  slavery  in  the Americas, the African diaspora, the accomplish-
     6  ments, experiences, and contributions of people of  African  descent  to
     7  our  society, and the enduring legacy of slavery to be incorporated into
     8  the learning standards established by the board of regents and taught in
     9  the state's educational system;
    10    (e) Survey and catalog the extent and breadth of education  concerning
    11  Africa,  the  trans-Atlantic  slave trade, the African diaspora, chattel
    12  slavery, the African slave trade, slavery in America, and the legacy  of
    13  slavery  on  our society presently being incorporated into the curricula
    14  and textbooks and taught in the school systems of  the  state;  and,  to
    15  inventory those African slave trade, American slavery, or relevant Afri-
    16  can-American  history  memorials, exhibits and resources which should be
    17  incorporated into courses  of  study  at  educational  institutions  and
    18  schools throughout the state;
    19    (f)  Compile  a  roster  of individual professionals, consultants, and
    20  experts who are willing to contract to share their knowledge and experi-
    21  ence in classrooms, seminars and workshops with students and teachers on
    22  the subject of Africa, the trans-Atlantic slave trade, the African dias-
    23  pora, chattel slavery, the African slave trade, slavery in America,  and
    24  the legacy of slavery on our society;
    25    (g) Prepare reports for the governor and the legislature regarding its
    26  findings  and  recommendations  on facilitating the inclusion of Africa,
    27  the trans-Atlantic slave trade, the African diaspora,  chattel  slavery,
    28  the  African  slave trade, slavery in America, and the legacy of slavery
    29  on our society and special programs in the  educational  system  of  the
    30  state; and
    31    (h)  Increase  awareness  and  encourage  school  districts to utilize
    32  curricula on African-American history by:
    33    (i) providing curriculum  and  professional  development  support  for
    34  public  school  districts  and/or  public schools for the acquisition of
    35  such curricular materials, guides, texts, and coaching so as to increase
    36  the efficacy of teaching and learning of such knowledge  and  to  effect
    37  its full integration into the curriculum of all such public schools; and
    38    (ii)  prioritize  the  hiring,  contracting,  and  procurement of such
    39  services and materials necessary to effectuate the provisions  of  para-
    40  graph (a) of this subdivision from among the professionals, consultants,
    41  and  experts  who  represent  a  broad ethnic diversity that also have a
    42  demonstrated life experience and educational background in  the  history
    43  of Africa, the trans-Atlantic slave trade, the African diaspora, chattel
    44  slavery,  the African slave trade, slavery in America, and the legacy of
    45  slavery on our society.
    46    2. Monetary incentives shall be appropriated for  schools  to  utilize
    47  existing  budgets  to  replace outdated materials and teaching methodol-
    48  ogies.
    49    § 1305. Curriculum. 1. The commission shall provide curriculum, educa-
    50  tional experiences through  primary  sources  and  narratives,  learning
    51  materials,  and  performance based and project-based assessments for all
    52  grades including preschool through college about:
    53    (a) Africa, the African diaspora, the  African   slave trade,  slavery
    54  and  segregation  in  America, the impact of slavery in our society, the
    55  trans-Atlantic slave trade, the legacy of slavery on our society and the
    56  influence of the history of Africans on the  economic,  cultural,  poli-
        A. 1939                             5

     1  tical  and  social foundation of the United States, the Americas and the
     2  economies, politics and societies of Europe and beyond;
     3    (b) The institution of chattel slavery in the Americas and Europe; and
     4    (c)  The  enduring  legacy of chattel slavery in the United States and
     5  the Americas, including but not limited to:
     6    (i) the social construct of race;
     7    (ii) inequity and injustice stemming from racism; and
     8    (iii) perseverance, activism and contributions of the enslaved,  their
     9  descendants and stakeholders, throughout history.
    10    2. The instruction shall also emphasize the personal responsibility of
    11  each citizen to fight racism and hatred whenever and wherever it happens
    12  and to uphold the national ideals of freedom and justice for all.
    13    3.  The  department  shall work with the commission to ensure that all
    14  department assessment tools for schools within the state  are  inclusive
    15  of  the  curricular requirements established, including, but not limited
    16  to:
    17    (a) Inclusion in the district comprehensive education plan and  school
    18  comprehensive education plan; and
    19    (b) Inclusion in district diversity, equity, and inclusion plans.
    20    §  1306.  Authorization.  1. The commission is authorized to call upon
    21  any department, office, division or agency of the state, or any  county,
    22  municipality  or  school  district  of  the  state, to supply such data,
    23  program  reports  and  other  information,  as  it  deems  necessary  to
    24  discharge its responsibilities under this article.
    25    2.  Such  departments,  offices,  divisions and agencies shall, to the
    26  extent possible and not inconsistent with any other law of  this  state,
    27  cooperate with the commission and shall furnish it with such information
    28  and assistance as may be necessary or helpful to accomplish the purposes
    29  of this article.
    30    §  3.  Section  801  of  the  education law is amended by adding a new
    31  subdivision 3-a to read as follows:
    32    3-a. The regents shall prescribe courses of instruction in  accordance
    33  with the requirements of section thirteen hundred five of this chapter.
    34    Similar  courses  of instruction shall be prescribed and maintained in
    35  private schools and offered to home schools in the state, and all pupils
    36  in such schools in grades or classes corresponding to the instruction in
    37  the eighth and higher grades of the public  schools  shall  attend  upon
    38  such courses. If such courses are not so established and maintained in a
    39  private  school, attendance upon instruction in such school shall not be
    40  deemed substantially equivalent to instruction given to  pupils  in  the
    41  public schools of the city or district in which such pupils reside.
    42    §  4.  This act shall take effect immediately, provided, however, that
    43  section 1305 of the education law, as added by section two of this  act,
    44  and  subdivision  3-a  of  section 801 of the education law, as added by
    45  section three of this act shall take effect on July 1, 2023.