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S05334 Summary:

BILL NOS05334
 
SAME ASSAME AS A01939
 
SPONSORCOMRIE
 
COSPNSRFERNANDEZ
 
MLTSPNSR
 
Rpld Art 57-B, Arts & Cul L; add Art 25 1301 - 1306, amd 801, Ed L
 
Allocates the Amistad commission in the department of education; repeals certain provisions relating to the Amistad commission; requires schools in the state to provide curriculum relating to African-American history, slavery, and race.
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S05334 Actions:

BILL NOS05334
 
03/02/2023REFERRED TO EDUCATION
01/03/2024REFERRED TO EDUCATION
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S05334 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5334
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      March 2, 2023
                                       ___________
 
        Introduced  by  Sen.  COMRIE -- 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 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     2  REPEALED.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
    23  slavery in this country continued with the legalization of second  class

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

        S. 5334                             2
 
     1  citizenship  status  for African-Americans through Jim Crow laws, segre-
     2  gation and other similar practices; the legacy of slavery  has  pervaded
     3  the  fabric  of  our  society;  and  in  spite of these events there are
     4  endless  examples  of  the  influence  of the history of Africans on the
     5  economic, cultural,  political  and  social  foundation  of  the  United
     6  States, the Americas and the economies, politics and societies of Europe
     7  and  beyond  and  the  enduring  legacy of chattel slavery in the United
     8  States and the Americas, including the social construct of race, inequi-
     9  ty and  injustice  stemming  from  racism,  perseverance,  activism  and
    10  significant  contributions of the enslaved, their descendants and stake-
    11  holders, throughout history.
    12    2. All people should know of and remember the human carnage and  dehu-
    13  manizing  atrocities  committed  during  the period of the African slave
    14  trade and slavery in America and of the  vestiges  of  slavery  in  this
    15  country;  and  it  is  in  fact  vital  to educate our citizens on these
    16  events, the legacy of slavery, the sad history of racism in  this  coun-
    17  try,  and  on  the principles of human rights and dignity in a civilized
    18  society.
    19    3. It is the policy of the state  of  New  York  that  Black  history,
    20  including  the  history  of  Africa, the trans-Atlantic slave trade, the
    21  African diaspora, chattel slavery, the African slave trade,  slavery  in
    22  America, the legacy of slavery on our society, the depth of their impact
    23  in  our  society, and the triumphs of Africans and their descendants and
    24  their significant contributions to the development of  this  country  is
    25  the  proper concern of all people, particularly students enrolled in the
    26  schools of the state of New York.
    27    4. There is a need for education reform from preschool through college
    28  in order to mitigate the devastating effect of racism in  education  and
    29  the complete miseducation of our population around Black history.
    30    5. It is therefore desirable to create a state-level commission, which
    31  shall  oversee  the budget and operation of the Amistad commission as it
    32  seeks to provide the students of New York with a   more adequate  inclu-
    33  sion  of  the  history of Africa, chattel slavery, the African diaspora,
    34  the legacy of slavery and  the  contributions  of  African-Americans  in
    35  building our country.
    36    § 1302. Definitions. For the purposes of this article:
    37    1. "Commission" shall mean the Amistad commission.
    38    2.  "African-American" shall mean all people of African descent in the
    39  United States.
    40    3. "Department" shall have the same meaning as such term is defined in
    41  subdivision six of section two of this chapter.
    42    4. "Commissioner" shall have the same meaning as such term is  defined
    43  in subdivision five of section two of this chapter.
    44    § 1303. Commission established. 1. The Amistad commission, so named in
    45  honor  of the group of enslaved Africans led by Joseph Cinque who, while
    46  being transported in eighteen hundred thirty-nine on a vessel named  the
    47  Amistad, gained their freedom after overthrowing the crew and eventually
    48  having  their  case successfully argued before the United States Supreme
    49  Court, is hereby created and established. The commission  shall  consist
    50  of twenty members, including the commissioner of education or his or her
    51  designee,  the  temporary  president  of  the senate, the speaker of the
    52  assembly, the chancellor of the state university of New York or  his  or
    53  her  designee,  serving  ex officio, and sixteen public members.  Public
    54  members shall be appointed as follows: The public members shall be resi-
    55  dents of the state, chosen with due regard to broad geographic represen-
    56  tation and racial and ethnic diversity, who have knowledge of the histo-

        S. 5334                             3
 
     1  ry of ancient Africa, the trans-Atlantic slave  trade,  slavery  in  the
     2  Americas,  the  African  diaspora, the accomplishments, experiences, and
     3  contributions of people of African  descent  to  our  society,  and  the
     4  enduring legacy of slavery.
     5    2.  The  commissioner  or his or her designee shall reside as a voting
     6  member.  The temporary president of the senate and the  speaker  of  the
     7  assembly  shall  serve  as  voting  members for the two-year legislative
     8  term. All public members shall serve as voting members.
     9    3. The commission shall be allocated in but not of the department, but
    10  notwithstanding this allocation, the commission shall be independent  of
    11  any  supervision  or  control  by the department or any board or officer
    12  thereof.
    13    4. Each public member of the commission shall  serve  for  a  term  of
    14  three  years.  Public  members shall be eligible for reappointment. They
    15  shall serve until their successors are appointed and qualified, and  the
    16  term  of  the  successor  of  any incumbent shall be calculated from the
    17  expiration of the term of that incumbent. A vacancy occurring other than
    18  by expiration of term shall be filled in the same manner as the original
    19  appointment but for the unexpired term only.
    20    5. The members of the commission shall serve without compensation  but
    21  shall  be  entitled to reimbursement for all necessary expenses incurred
    22  in the performance of their duties.
    23    6. The commission shall annually elect a chairperson and a vice-chair-
    24  person from among its members. The commission shall meet upon  the  call
    25  of the chairperson or of a majority of the commission members. The pres-
    26  ence of a majority of the authorized voting membership of the commission
    27  shall be required for the conduct of official business.
    28    7.  The  commission shall interview and appoint an executive director,
    29  who shall serve at its pleasure and  shall  be  a  person  qualified  by
    30  training and experience to perform the duties of the office. The commis-
    31  sion  shall  approve  all  commission personnel job descriptions and all
    32  persons recommended for employment by its executive director.
    33    8. The department shall provide technical assistance and data  to  the
    34  commission  as  may  be  necessary  for  the commission to carry out its
    35  responsibilities pursuant to this article.
    36    9. The executive director shall submit a request for the budget for an
    37  amount not less than one million four hundred thousand dollars  directly
    38  to  the  governor annually. The legislature shall appropriate sufficient
    39  funding to ensure that the commission carries out the provisions of this
    40  article.  One hundred thousand dollars of such funding  shall  be  allo-
    41  cated  annually  for  travel  expenses,  including  but  not  limited to
    42  expenses for overnight accommodations and retreats.
    43    § 1304. Commission duties  and  responsibilities.  1.  The  commission
    44  shall:
    45    (a)  Market  and  distribute  to  educators, administrators and school
    46  districts in the state educational information and  other  materials  on
    47  the  history  of ancient Africa, the trans-Atlantic slave trade, slavery
    48  in the Americas, the African diaspora, the accomplishments, experiences,
    49  and contributions of people of African descent to our society,  and  the
    50  enduring legacy of slavery;
    51    (b) Conduct teacher workshops annually on the history of ancient Afri-
    52  ca, the trans-Atlantic slave trade, slavery in the Americas, the African
    53  diaspora,  the accomplishments, experiences, and contributions of people
    54  of African descent to our society, and the enduring legacy of slavery;
    55    (c) Monitor and assess the inclusion of such materials  and  curricula
    56  in the state's educational system;

        S. 5334                             4
 
     1    (d)  Survey, catalog, and recommend to the department the expansion of
     2  content about the history of ancient Africa,  the  trans-Atlantic  slave
     3  trade,  slavery  in  the Americas, the African diaspora, the accomplish-
     4  ments, experiences, and contributions of people of  African  descent  to
     5  our  society, and the enduring legacy of slavery to be incorporated into
     6  the learning standards established by the board of regents and taught in
     7  the state's educational system;
     8    (e) Survey and catalog the extent and breadth of education  concerning
     9  Africa,  the  trans-Atlantic  slave trade, the African diaspora, chattel
    10  slavery, the African slave trade, slavery in America, and the legacy  of
    11  slavery  on  our society presently being incorporated into the curricula
    12  and textbooks and taught in the school systems of  the  state;  and,  to
    13  inventory those African slave trade, American slavery, or relevant Afri-
    14  can-American  history  memorials, exhibits and resources which should be
    15  incorporated into courses  of  study  at  educational  institutions  and
    16  schools throughout the state;
    17    (f)  Compile  a  roster  of individual professionals, consultants, and
    18  experts who are willing to contract to share their knowledge and experi-
    19  ence in classrooms, seminars and workshops with students and teachers on
    20  the subject of Africa, the trans-Atlantic slave trade, the African dias-
    21  pora, chattel slavery, the African slave trade, slavery in America,  and
    22  the legacy of slavery on our society;
    23    (g) Prepare reports for the governor and the legislature regarding its
    24  findings  and  recommendations  on facilitating the inclusion of Africa,
    25  the trans-Atlantic slave trade, the African diaspora,  chattel  slavery,
    26  the  African  slave trade, slavery in America, and the legacy of slavery
    27  on our society and special programs in the  educational  system  of  the
    28  state; and
    29    (h)  Increase  awareness  and  encourage  school  districts to utilize
    30  curricula on African-American history by:
    31    (i) providing curriculum  and  professional  development  support  for
    32  public  school  districts  and/or  public schools for the acquisition of
    33  such curricular materials, guides, texts, and coaching so as to increase
    34  the efficacy of teaching and learning of such knowledge  and  to  effect
    35  its full integration into the curriculum of all such public schools; and
    36    (ii)  prioritize  the  hiring,  contracting,  and  procurement of such
    37  services and materials necessary to effectuate the provisions  of  para-
    38  graph (a) of this subdivision from among the professionals, consultants,
    39  and  experts  who  represent  a  broad ethnic diversity that also have a
    40  demonstrated life experience and educational background in  the  history
    41  of Africa, the trans-Atlantic slave trade, the African diaspora, chattel
    42  slavery,  the African slave trade, slavery in America, and the legacy of
    43  slavery on our society.
    44    2. Monetary incentives shall be appropriated for  schools  to  utilize
    45  existing  budgets  to  replace outdated materials and teaching methodol-
    46  ogies.
    47    § 1305. Curriculum. 1. The commission shall provide curriculum, educa-
    48  tional experiences through  primary  sources  and  narratives,  learning
    49  materials,  and  performance based and project-based assessments for all
    50  grades including preschool through college about:
    51    (a) Africa, the African diaspora, the  African   slave trade,  slavery
    52  and  segregation  in  America, the impact of slavery in our society, the
    53  trans-Atlantic slave trade, the legacy of slavery on our society and the
    54  influence of the history of Africans on the  economic,  cultural,  poli-
    55  tical  and  social foundation of the United States, the Americas and the
    56  economies, politics and societies of Europe and beyond;

        S. 5334                             5
 
     1    (b) The institution of chattel slavery in the Americas and Europe; and
     2    (c)  The  enduring  legacy of chattel slavery in the United States and
     3  the Americas, including but not limited to:
     4    (i) the social construct of race;
     5    (ii) inequity and injustice stemming from racism; and
     6    (iii) perseverance, activism and contributions of the enslaved,  their
     7  descendants and stakeholders, throughout history.
     8    2. The instruction shall also emphasize the personal responsibility of
     9  each citizen to fight racism and hatred whenever and wherever it happens
    10  and to uphold the national ideals of freedom and justice for all.
    11    3.  The  department  shall work with the commission to ensure that all
    12  department assessment tools for schools within the state  are  inclusive
    13  of  the  curricular requirements established, including, but not limited
    14  to:
    15    (a) Inclusion in the district comprehensive education plan and  school
    16  comprehensive education plan; and
    17    (b) Inclusion in district diversity, equity, and inclusion plans.
    18    §  1306.  Authorization.  1. The commission is authorized to call upon
    19  any department, office, division or agency of the state, or any  county,
    20  municipality  or  school  district  of  the  state, to supply such data,
    21  program  reports  and  other  information,  as  it  deems  necessary  to
    22  discharge its responsibilities under this article.
    23    2.  Such  departments,  offices,  divisions and agencies shall, to the
    24  extent possible and not inconsistent with any other law of  this  state,
    25  cooperate with the commission and shall furnish it with such information
    26  and assistance as may be necessary or helpful to accomplish the purposes
    27  of this article.
    28    §  3.  Section  801  of  the  education law is amended by adding a new
    29  subdivision 3-a to read as follows:
    30    3-a. The regents shall prescribe courses of instruction in  accordance
    31  with the requirements of section thirteen hundred five of this chapter.
    32    Similar  courses  of instruction shall be prescribed and maintained in
    33  private schools and offered to home schools in the state, and all pupils
    34  in such schools in grades or classes corresponding to the instruction in
    35  the eighth and higher grades of the public  schools  shall  attend  upon
    36  such courses. If such courses are not so established and maintained in a
    37  private  school, attendance upon instruction in such school shall not be
    38  deemed substantially equivalent to instruction given to  pupils  in  the
    39  public schools of the city or district in which such pupils reside.
    40    §  4.  This act shall take effect immediately, provided, however, that
    41  section 1305 of the education law, as added by section two of this  act,
    42  and  subdivision  3-a  of  section 801 of the education law, as added by
    43  section three of this act shall take effect on July 1, 2023.
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