STATE OF NEW YORK
________________________________________________________________________
5462
2023-2024 Regular Sessions
IN SENATE
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:
1 Section 1. Subdivision 2 of section 3204 of the education law, as
2 amended by section 1 of part SSS of chapter 59 of the laws of 2018, is
3 amended to read as follows:
4 2. Quality and language of instruction; text-books. (i) Instruction
5 may be given only by a competent teacher. In the teaching of the
6 subjects of instruction prescribed by this section, English shall be the
7 language of instruction, and text-books used shall be written in
8 English, except that for a period of three years, which period may be
9 extended by the commissioner with respect to individual pupils, upon
10 application therefor by the appropriate school authorities, to a period
11 not in excess of six years, from the date of enrollment in school,
12 pupils who, by reason of foreign birth or ancestry have limited English
13 proficiency, shall be provided with instructional programs as specified
14 in subdivision two-a of this section and the regulations of the commis-
15 sioner. The purpose of providing such pupils with instruction shall be
16 to enable them to develop academically while achieving competence in the
17 English language. Instruction given to a minor elsewhere than at a
18 public school shall be at least substantially equivalent to the instruc-
19 tion given to minors of like age and attainments at the public schools
20 of the city or district where the minor resides.
21 (ii) For purposes of [considering] determining substantial equivalence
22 pursuant to this subdivision for nonpublic elementary and middle schools
23 [that are: (1) non-profit corporations, (2) have a bi-lingual program,
24 and (3) have an educational program that extends from no later than nine
25 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
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1 no earlier than five thirty p.m. for grades four through eight, on the
2 majority of weekdays], the department shall consider the following[, but
3 not limited to: if the curriculum provides academically rigorous
4 instruction that develops critical thinking skills in the school's
5 students, taking into account the entirety of the curriculum, over the
6 course of elementary and middle school, including instruction in English
7 that will prepare pupils to read fiction and nonfiction text for infor-
8 mation and to use that information to construct written essays that
9 state a point of view or support an argument; instruction in mathematics
10 that will prepare pupils to solve real world problems using both number
11 sense and fluency with mathematical functions and operations; instruc-
12 tion in history by being able to interpret and analyze primary text to
13 identify and explore important events in history, to construct written
14 arguments using the supporting information they get from primary source
15 material, demonstrate an understating of the role of geography and
16 economics in the actions of world civilizations, and an understanding of
17 civics and the responsibilities of citizens in world communities; and
18 instruction in science by learning how to gather, analyze and interpret
19 observable data to make informed decisions and solve problems mathemat-
20 ically, using deductive and inductive reasoning to support a hypothesis,
21 and how to differentiate between correlational and causal
22 relationships]: (1) for grades one through six: mathematics, including
23 arithmetic, science, and technology (concepts of science, mathematics,
24 social science, and language arts in a hands-on, systems-based approach
25 to problem solving that guides students in the understanding, design,
26 and development of systems, devices, and products to serve human needs
27 and wants); English language arts, including reading, writing, listen-
28 ing, and speaking; social studies, including geography and United States
29 history; the arts; career development and occupational studies; health
30 education, physical education, and family and consumer sciences.
31 Instruction in these subjects may be integrated or incorporated into the
32 syllabus or syllabi of other courses; and,
33 (2) for grades seven and eight: mathematics (two units of study);
34 English language arts (two units of study); social studies (two units of
35 study); science (two units of study); career and technical education,
36 wherein the unit of study requirement may be initiated in grade 5 (one
37 and three-fourths units of study); physical education (similar courses
38 of instruction to those required in public schools pursuant to section
39 135.4 of NYCRR); health education (one-half unit of study); visual arts
40 (one-half unit of study); music (one-half unit of study); library and
41 information skills, which may be incorporated or integrated into any
42 other subjects (the equivalent of one period per week in grades seven
43 and eight); career development and occupational studies, which may be
44 incorporated or integrated into any other subjects.
45 (iii) For purposes of [considering] determining substantial equiv-
46 alence pursuant to this subdivision for nonpublic high schools [that:
47 (1) are established for pupils in high school who have graduated from an
48 elementary school that provides instruction as described in this
49 section, (2) are a non-profit corporation, (3) have a bi-lingual
50 program, and (4) have an educational program that extends from no later
51 than nine a.m. until no earlier than six p.m. on the majority of week-
52 days], the department shall consider the following [but not limited to]:
53 [if the curriculum provides academically rigorous instruction that
54 develops critical thinking skills in the school's students, the outcomes
55 of which, taking into account the entirety of the curriculum, result in
56 a sound basic education] for grades nine through twelve: instruction in
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1 English (four units of study); social studies (four units of study);
2 mathematics (three units of study); science (three units of study);
3 health (one-half unit of study); physical education (two units of
4 study); the arts (one unit of study).
5 (iii-a) For purposes of determining substantial equivalence pursuant
6 to this subdivision for nonpublic schools, the department shall consid-
7 er whether the nonpublic school meets other statutory instructional
8 requirements, including:
9 (1) for all students over eight years of age, a similar course of
10 instruction to the course of instruction in patriotism and citizenship
11 required in public schools pursuant to subdivision one of section eight
12 hundred one of this chapter;
13 (2) for all students grades eight and higher, a similar course of
14 instruction to the course of instruction in the history, meaning,
15 significance, and effect of the provisions of the Constitution of the
16 United States and the amendments thereto, the Declaration of Independ-
17 ence, and the Constitution of the State of New York and the amendments
18 thereto required in public schools pursuant to subdivision two of
19 section eight hundred one of this chapter;
20 (3) for all students over the age of eight, subject to subdivision
21 five of this section, a similar course of instruction to the course of
22 instruction in the development of character, citizenship, physical
23 fitness, health, and the worthy use of leisure required in public
24 schools pursuant to subdivision four of section eight hundred three of
25 this chapter;
26 (4) for all students, subject to subdivision five of this section,
27 instruction in health education relating to mental health, alcohol,
28 drug, and tobacco abuse and the prevention and detection of certain
29 cancers as required by section eight hundred four of this chapter;
30 (5) for all students, a similar course of instruction to the course of
31 instruction in highway safety and traffic regulation required in public
32 schools by section eight hundred six of this chapter;
33 (6) for all students in grades one through eight, instruction in New
34 York state history and civics as required by subdivision three of this
35 section;
36 (7) for all students, instruction in fire drills, fire and arson
37 prevention, injury prevention and life safety education pursuant to
38 sections eight hundred seven and eight hundred eight of this chapter;
39 and,
40 (8) for students in senior high school, instruction in hands-only
41 cardiopulmonary resuscitation and the use of an automated external defi-
42 brillator pursuant to subdivision fifty-two of section three hundred
43 five of this chapter.
44 (iv) [Nothing herein shall be construed to entitle or permit any
45 school to receive an increase in mandated services aid pursuant to 8
46 NYCRR 176 on account of providing a longer school day] Any nonpublic
47 school that shall receive mandated services aid or other state funds
48 must certify to the satisfaction of the commissioner that it provides
49 instruction that is at least substantially equivalent to the instruction
50 given to pupils of like age and attainments to the public schools of the
51 city or district where the minor resides. Any nonpublic school that
52 intentionally or negligently makes a false certification shall return
53 any state funds received for the period to which such certification
54 applies and shall be ineligible to receive any state funds for the
55 applicable period, and shall further return and be ineligible to receive
S. 5462 4
1 any state funds for five years following the period for which the false
2 certification was applicable.
3 (v) The commissioner shall be the entity that determines whether
4 nonpublic elementary, middle and [secondary] high schools are in compli-
5 ance with the academic requirements set forth in paragraphs (ii) [and],
6 (iii) and (iii-a) of this subdivision and shall undertake regular
7 reviews to ensure compliance with the substantial equivalence require-
8 ments provided pursuant to this subdivision.
9 § 2. This act shall take effect immediately.
