Bill Text: NY S00142 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Provides an enforcement mechanism for non-public school educational standards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S00142 Detail]

Download: New_York-2019-S00142-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                           142
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by Sen. CARLUCCI -- 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  required  instruction
          in non-public schools
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (i) of subdivision  2  of  section  3204  of  the
     2  education  law, as amended by section 1 of part SSS of chapter 59 of the
     3  laws of 2018, is amended to read as follows:
     4    (i) Instruction may be given only  by  a  competent  teacher.  In  the
     5  teaching  of  the  subjects  of  instruction prescribed by this section,
     6  English shall be the language of instruction, and text-books used  shall
     7  be  written  in  English, except that for a period of three years, which
     8  period may be extended by the commissioner with  respect  to  individual
     9  pupils, upon application therefor by the appropriate school authorities,
    10  to  a  period not in excess of six years, from the date of enrollment in
    11  school, pupils who, by reason of foreign birth or ancestry have  limited
    12  English  proficiency,  shall  be provided with instructional programs as
    13  specified in subdivision two-a of this section and  the  regulations  of
    14  the  commissioner. The purpose of providing such pupils with instruction
    15  shall be to enable them to develop academically while  achieving  compe-
    16  tence  in  the  English language. Instruction given to a minor elsewhere
    17  than at a public school shall be at least  substantially  equivalent  to
    18  the  instruction  given  to  minors  of  like age and attainments at the
    19  public schools of the city or district where the school is located or if
    20  home-schooled, where the minor resides.
    21    § 2. The education law is amended by adding a new  section  3204-a  to
    22  read as follows:
    23    §  3204-a. Instruction required in non-public schools. 1. All students
    24  attending a  non-public  school  shall  be  given  instruction  that  is
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05323-01-9
        S. 142                              2
     1  substantially equivalent to the instruction that is given to students of
     2  similar  age  and  attainment  in  the  district  in which the school is
     3  located. A non-public school is not required to use  the  curriculum  of
     4  the  school district in which they are located but must provide students
     5  with instruction that is similar in rigor, allotted time, and subject.
     6    2. If there is an allegation that a non-public school's instruction is
     7  not substantially equivalent to the instruction  of  the  public  school
     8  district,  a  written  complaint may be filed with the commissioner by a
     9  current or former student,  parent  of  a  current  or  former  student,
    10  current  or  former  teacher,  administrator or employee of a non-public
    11  school or a resident of the school district that such non-public  school
    12  is  located. The complaint must include the complainant's name, address,
    13  non-public school name, non-public school's address, relationship to the
    14  non-public school, description of the  non-public  school's  failure  to
    15  provide  appropriate  education, and evidence of the curriculum, content
    16  of instruction or any other  documentation  or  proof  that  the  school
    17  failed to provide substantially equivalent instruction.
    18    3.  Upon  receipt of a complaint pursuant to this section, the commis-
    19  sioner shall substantiate such complaint to determine  whether  a  valid
    20  claim  exists. The commissioner shall notify the district superintendent
    21  and non-public school administrator, and request documentation  pertain-
    22  ing   to  the  school's  instruction,  including  but  not  limited  to,
    23  description of curriculum, class instruction materials, testing program,
    24  and schedule  of  classes.  The  non-public  school  administrator  must
    25  respond  to  the request for documentation in a time period specified by
    26  the commissioner. In the course of  the  investigation,  the  department
    27  may,  during  any  reasonable hour, conduct unannounced school visits at
    28  the non-public school to  observe  instruction.  The  visitations  shall
    29  include  observation  of  classrooms,  discussions with school staff and
    30  students, and review of  curriculum  documents.  The  non-public  school
    31  authorities shall not refuse access to the department for the purpose of
    32  a visitation pursuant to this section.
    33    4.  The  commissioner  may  consult  with  the district superintendent
    34  during the investigation and may request documents  needed  as  part  of
    35  such investigation.
    36    5.  Following  an investigation, the commissioner shall issue a report
    37  on their findings of whether the non-public school is providing instruc-
    38  tion that is substantially equivalent to the school district in which it
    39  is located. The report shall include all documentation submitted by  the
    40  non-public  school and if school visitations were made, all observations
    41  and notes from such visits.
    42    6. If the commissioner determines that a non-public school has  failed
    43  to  provide  substantially  equivalent  instruction to the public school
    44  pursuant to this section, the commissioner shall take any of the follow-
    45  ing actions, either individually or in combination:
    46    (a) The commissioner may issue an order that provides  the  non-public
    47  school  with  a corrective action plan. The corrective action plan shall
    48  compel the non-public school to take immediate  steps  to  implement  an
    49  appropriate  curriculum that provides students with substantially equiv-
    50  alent instruction pursuant to this section.
    51    (b) The commissioner may place a temporary education observer  at  the
    52  non-public  school to ensure that appropriate instruction is provided to
    53  students.
    54    (c) The commissioner may, if applicable, place the non-public school's
    55  registration on probation until the non-public school demonstrates  that
        S. 142                              3
     1  their  instruction  and  curriculum  is  substantially equivalent to the
     2  school district which they are located in.
     3    (d)  The  commissioner  may  withhold  any  apportionment  or grant of
     4  mandated services aid until any actions or orders are satisfied.
     5    (e) The commissioner may permanently revoke  the  non-public  school's
     6  registration or if not registered, prohibit the school from operating.
     7    § 3. This act shall take effect immediately.