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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4012A
SPONSOR: Ramos TITLE OF BILL:
An act to amend the education law, in relation to school district diver-
sity, equity and inclusion officers
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require every school district throughout the state to
have a diversity, equity and inclusion (DEI) officer to develop methods
to diversify the personnel of their school district.
SUMMARY OF SPECIFIC PROVISIONS:
Section one: amends the education law to require school districts to
have a diversity, equity and inclusion officer.
Section two: delineates the' qualifications of officers
Section three: sets restrictions on who is eligible to hold the position
of diversity, equity and inclusion officer.
Section four: states an administrative employee of the school district
shall be appointed as the school district diversity, equity and inclu-
sion officer.
Section five: adds "diversity, equity and inclusion officer" to the
heading of part 2 of article 43 of the education law
Section six: outlines the duties of diversity, equity & inclusion offi-
cer, which include developing methods to diversity the personnel of the
school district, with an emphasis on diversifying teaching staff; annu-
ally reviewing racial and ethnic disparities within the school district
and encouraging and assisting in the recruitment and retention of a more
racially and technically diverse staff. The diversity, equity and inclu-
sion officer also would review policies and practices to reduce racial
and ethnic disparities in hiring school district employees, particularly
teachers. The DEI officer would be in charge of publishing an annual
report on the school district's plans, processes and progress in hiring
and retaining educators of color which would be presented to the local
board of education and available to the public.
Section seven-ten: calls for a report to be prepared and submitted to
the department of education in response to the annual report presented
to the board of education on the district's plans for hiring and retain-
ing educators of color.
Section eleven: calls on the commissioner of education to prepare an
annual report based on the reports submitted to the department of educa-
tion by local boards of education on school district's plans, processes
and progress in hiring and retaining educators of color and such report
is to be submitted to the legislature annually.
Section twelve: Sets the effective date.
JUSTIFICATION:
A 2019 State Education Department Educator Diversity Report found New
York's education workforce does not reflect the diversity of our commu-
nities and student population. The report noted that the state's student
population has grown increasingly diverse, but the teacher workforce has
remained 80% white. 56% of the enrolled student population in New York
State were students of color, while teachers of color made up only 19%
of the workers.
Furthermore, the National Center for Suburban Studies at Hofstra Univer-
sity, conducted a study in which they reviewed 10 years of state Educa-
tion Department student and faculty records for all of Nassau and
Suffolk counties 642 public school buildings. The review found that 45%
of public school enrollment on Long Island were non-white, but minority
teachers made up less than half of the state and national averages at
only 8%.
According to a study by The Education Trust - New York, one third of all
New York schools had no Black or Latino teachers in the 2015-16 school
year. That finding equates to over 115,000 enrolled Black and Latino
students without a single full-time same race or ethnicity teacher and
almost half the state's White students without a Black or Latino teach-
er.
Research has shown the important educational benefits for all students
that stems from educator diversity. For students of color, the impact of
having a teacher of the same race or ethnicity can have an such positive
impacts, such as higher test scores and less disciplinary issues. Even
more profound is the influence of students seeing members of their own
race or ethnicity as role models in high level positions and positions
of power. Exposure to diversity brings exposure to different viewpoints,
diverse ideas, and greater understanding of cultures resulting in a
richer teaching and learning environment for all students.
New York needs to diversify its teacher workforce for the good of our
student population and for the greater good of our society. This legis-
lation would seek to address the lack diversity in our school districts
across the state by requiring a diversity, equity and inclusion officer
who will be entrusted with developing ways to diversify the workforce of
the school district with an emphasis on diversifying teaching staff and
helping recruit and retain a more diverse workforce.
LEGISLATIVE HISTORY:
A.6204 of 2021-22 referred to education
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This, act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4012--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. RAMOS, BICHOTTE HERMELYN, JEAN-PIERRE, SIMON,
SEAWRIGHT, HYNDMAN, MEEKS, KELLES, WALKER, EPSTEIN, GIBBS, SIMONE,
CUNNINGHAM, REYES, DARLING -- read once and referred to the Committee
on Education -- recommitted to the Committee on Education in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08285-02-4
A. 4012--A 2
1 officer or clerk need not be a resident of the school district to hold
2 such office in such district.
3 § 3. Subdivision 1 of section 2103 of the education law is amended to
4 read as follows:
5 1. No district superintendent or supervisor is eligible to the office
6 of trustee or member of a board of education, and no trustee or member
7 of a board of education can hold the office of district clerk, collec-
8 tor, diversity, equity and inclusion officer, treasurer or librarian,
9 except as otherwise provided by section twenty-one hundred thirty.
10 § 4. Section 2103 of the education law is amended by adding a new
11 subdivision 5 to read as follows:
12 5. An administrative employee of the school district shall be
13 appointed as the school district diversity, equity and inclusion offi-
14 cer.
15 § 5. The part heading of part 2 of article 43 of the education law is
16 amended to read as follows:
17 DISTRICT CLERK; TREASURER; DIVERSITY, EQUITY AND INCLUSION
18 OFFICER; COLLECTOR
19 § 6. The education law is amended by adding a new section 2131 to
20 read as follows:
21 § 2131. Duties of diversity, equity and inclusion officer. It shall
22 be the duty of the diversity, equity and inclusion officer of each
23 school district to develop methods to diversify the personnel of the
24 school district, with an emphasis on diversifying teaching staff. The
25 diversity, equity and inclusion officer shall annually review racial and
26 ethnic disparities within the school district and shall encourage and
27 assist in the recruitment and retention of a more racially and
28 ethnically diverse staff. The diversity, equity and inclusion officer
29 shall also review school district policies and practices and recommend
30 changes to such policies and practices to reduce racial and ethnic
31 disparities in hiring school district employees, particularly teachers.
32 The diversity, equity and inclusion officer shall publish an annual
33 report on the school district's plans, processes and progress in hiring
34 and retaining educators of color. Such report shall be presented to the
35 local board of education and shall be available to the public.
36 § 7. Section 1709 of the education law is amended by adding a new
37 subdivision 44 to read as follows:
38 44. To prepare a report in response to the annual report presented to
39 the board of education by the diversity, equity and inclusion officer
40 pursuant to section twenty-one hundred thirty-one of this title relating
41 to the school district's plans, processes and progress in hiring and
42 retaining educators of color and to submit such report to the depart-
43 ment.
44 § 8. Section 1804 of the education law is amended by adding a new
45 subdivision 13 to read as follows:
46 13. The board shall prepare a report in response to the annual report
47 presented to the board of education by the diversity, equity and inclu-
48 sion officer pursuant to section twenty-one hundred thirty-one of this
49 title relating to the school district's plans, processes and progress in
50 hiring and retaining educators of color and to submit such report to the
51 department.
52 § 9. Section 2503 of the education law is amended by adding a new
53 subdivision 22 to read as follows:
54 22. Shall prepare a report in response to the annual report presented
55 to the board of education by the diversity, equity and inclusion officer
56 pursuant to section twenty-one hundred thirty-one of this title relating
A. 4012--A 3
1 to the school district's plans, processes and progress in hiring and
2 retaining educators of color and to submit such report to the depart-
3 ment.
4 § 10. Section 2554 of the education law is amended by adding a new
5 subdivision 29 to read as follows:
6 29. To prepare a report in response to the annual report presented to
7 the board of education by the diversity, equity and inclusion officer
8 pursuant to section twenty-one hundred thirty-one of this title relating
9 to the school district's plans, processes and progress in hiring and
10 retaining educators of color and to submit such report to the depart-
11 ment.
12 § 11. Section 305 of the education law is amended by adding a new
13 subdivision 61 to read as follows:
14 61. The commissioner shall prepare an annual report based on the
15 reports submitted to the department by local boards of education on
16 school districts' plans, processes and progress in hiring and retaining
17 educators of color and shall submit such report to the legislature annu-
18 ally.
19 § 12. This act shall take effect immediately.
