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S04308 Summary:

BILL NOS04308A
 
SAME ASSAME AS A04012-A
 
SPONSORSEPULVEDA
 
COSPNSR
 
MLTSPNSR
 
Amd Ed L, generally
 
Requires school districts to have diversity, equity and inclusion officers to develop methods to diversify the personnel of the school district and to recommend changes to district policies and practices to reduce racial disparities in hiring school district employees, particularly teachers; requires boards of education to annually report information regarding such policies and practices to the department of education; requires the department of education to annually report such information to the legislature.
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S04308 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4308--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 7, 2023
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed  to  be committed to the Committee on Education -- recommitted
          to the Committee on Education in accordance with Senate Rule 6, sec. 8
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee

        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:
 
     1    Section 1. Subdivision 1 of section 2101  of  the  education  law,  as
     2  amended  by  chapter  107  of  the  laws  of 1976, is amended to read as
     3  follows:
     4    1. Each common school district shall have one or three trustees as the
     5  district determines, a collector except in first class towns and  except
     6  as  may  be otherwise provided by law, a diversity, equity and inclusion
     7  officer, and if the district so decides a treasurer.
     8    § 2. Section 2102 of the education law, as amended by chapter  737  of
     9  the laws of 1992, is amended to read as follows:
    10    § 2102. Qualifications  of  officers.    Every school district officer
    11  must be able to read and write and must be  a  qualified  voter  of  the
    12  district; and each member of a board of education of a union free school
    13  district, common school district or a central school district shall have
    14  been a resident of the school district, or in the case of a person qual-
    15  ified  by  subdivision  three  of  section twenty hundred twelve of this
    16  chapter to vote in a district election, a resident of  the  district  or
    17  reservation,  for at least one year prior to the election. Notwithstand-
    18  ing the provisions of any other general or special law to the  contrary,
    19  a  school district treasurer, collector, diversity, equity and inclusion
    20  officer or clerk need not be a resident of the school district  to  hold
    21  such office in such district.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08285-03-4

        S. 4308--A                          2
 
     1    §  3. Subdivision 1 of section 2103 of the education law is amended to
     2  read as follows:
     3    1.  No district superintendent or supervisor is eligible to the office
     4  of trustee or member of a board of education, and no trustee  or  member
     5  of  a  board of education can hold the office of district clerk, collec-
     6  tor, diversity, equity and inclusion officer,  treasurer  or  librarian,
     7  except as otherwise provided by section twenty-one hundred thirty.
     8    §  4.  Section  2103  of  the education law is amended by adding a new
     9  subdivision 5 to read as follows:
    10    5.  An  administrative  employee  of  the  school  district  shall  be
    11  appointed  as  the school district diversity, equity and inclusion offi-
    12  cer.
    13    § 5.  The part heading of part 2 of article 43 of the education law is
    14  amended to read as follows:
    15          DISTRICT CLERK; TREASURER; DIVERSITY, EQUITY AND INCLUSION
    16                             OFFICER; COLLECTOR
    17    § 6.  The education law is amended by adding a  new  section  2131  to
    18  read as follows:
    19    §  2131.  Duties of diversity, equity and inclusion officer.  It shall
    20  be the duty of the diversity,  equity  and  inclusion  officer  of  each
    21  school  district  to  develop  methods to diversify the personnel of the
    22  school district, with an emphasis on diversifying teaching staff.    The
    23  diversity, equity and inclusion officer shall annually review racial and
    24  ethnic  disparities  within  the school district and shall encourage and
    25  assist  in  the  recruitment  and  retention  of  a  more  racially  and
    26  ethnically  diverse staff.   The diversity, equity and inclusion officer
    27  shall also review school district policies and practices  and  recommend
    28  changes  to  such  policies  and  practices  to reduce racial and ethnic
    29  disparities in hiring school district employees, particularly  teachers.
    30  The  diversity,  equity  and  inclusion  officer shall publish an annual
    31  report on the school district's plans, processes and progress in  hiring
    32  and  retaining educators of color. Such report shall be presented to the
    33  local board of education and shall be available to the public.
    34    § 7. Section 1709 of the education law is  amended  by  adding  a  new
    35  subdivision 44 to read as follows:
    36    44.  To prepare a report in response to the annual report presented to
    37  the  board  of  education by the diversity, equity and inclusion officer
    38  pursuant to section twenty-one hundred thirty-one of this title relating
    39  to the school district's plans, processes and  progress  in  hiring  and
    40  retaining  educators  of  color and to submit such report to the depart-
    41  ment.
    42    § 8. Section 1804 of the education law is  amended  by  adding  a  new
    43  subdivision 13 to read as follows:
    44    13.  The board shall prepare a report in response to the annual report
    45  presented to the board of education by the diversity, equity and  inclu-
    46  sion  officer  pursuant to section twenty-one hundred thirty-one of this
    47  title relating to the school district's plans, processes and progress in
    48  hiring and retaining educators of color and to submit such report to the
    49  department.
    50    § 9. Section 2503 of the education law is  amended  by  adding  a  new
    51  subdivision 22 to read as follows:
    52    22.  Shall prepare a report in response to the annual report presented
    53  to the board of education by the diversity, equity and inclusion officer
    54  pursuant to section twenty-one hundred thirty-one of this title relating
    55  to the school district's plans, processes and  progress  in  hiring  and

        S. 4308--A                          3
 
     1  retaining  educators  of  color and to submit such report to the depart-
     2  ment.
     3    §  10.  Section  2554  of the education law is amended by adding a new
     4  subdivision 29 to read as follows:
     5    29. To prepare a report in response to the annual report presented  to
     6  the  board  of  education by the diversity, equity and inclusion officer
     7  pursuant to section twenty-one hundred thirty-one of this title relating
     8  to the school district's plans, processes and  progress  in  hiring  and
     9  retaining  educators  of  color and to submit such report to the depart-
    10  ment.
    11    § 11. Section 305 of the education law is  amended  by  adding  a  new
    12  subdivision 61 to read as follows:
    13    61.  The  commissioner  shall  prepare  an  annual report based on the
    14  reports submitted to the department by  local  boards  of  education  on
    15  school  districts' plans, processes and progress in hiring and retaining
    16  educators of color and shall submit such report to the legislature annu-
    17  ally.
    18    § 12. This act shall take effect immediately.
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