Rpld Art 57-B, Arts & Cul L; add Art 25 §§1301 - 1306, amd §801, Ed L
Allocates the Amistad commission to work alongside the department of education and on behalf of students in the state; repeals certain provisions relating to the Amistad commission; requires schools in the state to provide curriculum relating to Black history, slavery, and race.
STATE OF NEW YORK
________________________________________________________________________
30
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
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 to work alongside the department of education and on behalf
of students in New York state; and to repeal certain provisions of the
arts and cultural affairs law relating to the Amistad 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2 REPEALED.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; of the 12.5 million enslaved Africans brought, 10.7
18 million survived the middle passage or approximately 20% perished during
19 their journey to the Western hemisphere. The enslavement of Africans and
20 their descendants was part of a concerted effort of physical and psycho-
21 logical terror that deprived groups of people of African descent the
22 opportunity to preserve many of their economic, social, religious, poli-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00149-01-5
S. 30 2
1 tical and other customs; the vestiges of slavery in this country contin-
2 ued with the legalization of second class citizenship status for Afri-
3 can-Americans through from the end of Reconstruction in 1876 until the
4 Civil Rights Era that spanned the 1950s through 1968, including Jim Crow
5 laws, segregation and other similar practices; the legacy of slavery has
6 pervaded the fabric of our society; and in spite of these events there
7 are endless examples of the influence of the history of Africans on the
8 cultural, economic, political and social foundation of the United
9 States, the Americas and the economies, politics and societies of Europe
10 and beyond. The enduring legacy of chattel slavery in the United States
11 and the Americas, including the social construct created and cemented by
12 the biological myth of race and the resulting inequities and injustices
13 stemming from racism. That was challenged by the perseverance, activism
14 and aforementioned contributions of the enslaved Africans, their
15 descendants and stakeholders, throughout history.
16 2. We should know of and remember the human carnage and dehumanizing
17 atrocities committed during the period of the African slave trade and
18 slavery in America and of the vestiges of slavery in this country; and
19 it is in fact vital to educate our citizens on these events, the legacy
20 of slavery, the sad history of racism in this country, and on the prin-
21 ciples of human rights and dignity in a civilized society.
22 3. It is the policy of the state of New York that Black history,
23 including the history of Africa, the trans-Atlantic slave trade, the
24 African diaspora, chattel slavery, the African slave trade, slavery in
25 America, the legacy of slavery on our society, the depth of their impact
26 in our society, and the triumphs of Africans and their descendants and
27 their significant contributions to the development of this country is
28 the proper concern of all people, particularly students enrolled in the
29 schools of the state of New York.
30 4. There is a need for education reform from preschool through college
31 in order to mitigate the devastating effect of racism in education and
32 the complete miseducation of our population around Black history.
33 5. It is therefore desirable to create a state-level commission, which
34 shall oversee the budget and operation of the Amistad commission as it
35 seeks to provide the students of New York with a more adequate inclu-
36 sion of the history of Africa, chattel slavery, the African diaspora,
37 the legacy of slavery and the contributions of African-Americans in
38 building our country.
39 § 1302. Definitions. For the purposes of this article:
40 1. "Commission" shall mean the Amistad commission.
41 2. "African-Americans" shall mean all Pan-African people in the Ameri-
42 cas.
43 3. "Black history" or "Black studies" shall mean the history of Afri-
44 ca, the trans-Atlantic slave trade, the African diaspora, chattel slav-
45 ery, slavery in the Americas, the legacy of slavery in our society, the
46 depth of their impact in our society, and the triumphs of Africans in
47 the Americas and their descendants and their significant contributions.
48 It shall elevate historically marginalized voices. It shall include
49 opportunities to learn about power and privilege in the context of vari-
50 ous communities and empowers learners to be agents of positive social
51 change. It shall provide the opportunity to learn about perspectives
52 beyond one's own scope. It shall work toward dismantling systems of
53 biases and inequities and decentering dominant ideologies in education.
54 4. "Department" shall mean the department of education as such term is
55 defined in subdivision six of section two of this chapter.
S. 30 3
1 5. "Commissioner" shall have the same meaning as such term is defined
2 in subdivision five of section two of this chapter.
3 § 1303. Commission established. 1. The Amistad commission, so named in
4 honor of the group of enslaved Africans led by Joseph Cinque who, while
5 being transported in eighteen hundred thirty-nine on a vessel named the
6 Amistad, gained their freedom after overthrowing the crew and eventually
7 having their case successfully argued before the United States Supreme
8 Court, is hereby created and established. The commission shall consist
9 of twenty-one members, including the commissioner of education or such
10 commissioner's designee, the temporary president of the senate, the
11 speaker of the assembly, the chancellor of the state university of New
12 York or such chancellor's designee, serving ex officio, a designee
13 appointed by the governor who has a background in education and sixteen
14 public members. Public members shall be appointed as follows: The
15 public members shall be residents of the state, chosen with due regard
16 to broad geographic representation and racial and ethnic diversity, who
17 have knowledge of Black studies.
18 2. The commissioner or such commissioner's designee shall reside as a
19 voting member. The temporary president of the senate and the speaker of
20 the assembly shall serve as voting members for the two-year legislative
21 term. All public members shall serve as voting members.
22 3. The commission shall have a separate budget from the department and
23 shall be allocated in but not of the department, but notwithstanding
24 this allocation, the commission shall be independent of any supervision
25 or control by the department or any board or officer thereof.
26 4. Each public member of the commission shall serve for a term of four
27 years. Public members shall be eligible for reappointment. They shall
28 serve until their successors are appointed and qualified, and the term
29 of the successor of any incumbent shall be calculated from the expira-
30 tion of the term of that incumbent. A vacancy occurring other than by
31 expiration of term shall be filled in the same manner as the original
32 appointment but for the unexpired term only.
33 5. The members of the commission shall serve without compensation but
34 shall be entitled to reimbursement for all necessary expenses incurred
35 in the performance of their duties.
36 6. The commission shall annually elect a chairperson and a vice-chair-
37 person from among its members. The commission shall meet upon the call
38 of the chairperson or of a majority of the commission members. The pres-
39 ence of a majority of the authorized voting membership of the commission
40 shall be required for the conduct of official business.
41 7. The commission shall interview and appoint an executive director,
42 who shall serve at its pleasure and shall be a person qualified by
43 training and experience to perform the duties of the office. The commis-
44 sion shall approve all commission personnel. The executive director
45 shall identify their staff and the personnel committee of such commis-
46 sion shall approve such hires through equitable hiring practices.
47 8. The department shall provide technical assistance and data to the
48 commission as may be necessary for the commission to carry out its
49 responsibilities pursuant to this article.
50 9. The executive director shall submit a request for the budget for an
51 amount not less than one million four hundred thousand dollars directly
52 to the governor annually. The legislature shall appropriate sufficient
53 funding to ensure that the commission carries out the provisions of this
54 article. One hundred thousand dollars of such funding shall be allo-
55 cated annually for travel expenses, including but not limited to
56 expenses for overnight accommodations and retreats.
S. 30 4
1 § 1304. Commission duties and responsibilities. 1. The commission
2 shall, including but not limited to, blue ribbon commission recommenda-
3 tions:
4 (a) create a state-developed rubric or rubrics for any performance-
5 based assessments allowed as an option to satisfy the diploma assessment
6 requirements of the state;
7 (b) require all state teacher preparation programs to provide instruc-
8 tion in culturally responsive-sustaining education, diversity, equity,
9 and inclusion and accessibility lens in all subject areas, including
10 history; and
11 (c) include such information in district comprehensive improvement
12 plans or other accountability measures provided by the department.
13 2. In crafting a framework for the implementation of Black studies,
14 the commission shall:
15 (a) Adopt and/or adapt a Black history curriculum with scope and
16 sequence and grade level outcomes and market and distribute such infor-
17 mation and materials to educators, administrators and school districts
18 in the state;
19 (b) Conduct teacher workshops annually on Black history;
20 (c) Monitor and assess the inclusion of such materials and curricula
21 in the state's educational system;
22 (d) In order to facilitate the commission's adoption and/or adaptation
23 of a Black history curriculum with scope and sequence and grade level
24 outcomes, survey, catalog, and recommend to the department:
25 (i) the alignment or craft educational standards that are culturally
26 relevant and inclusive;
27 (ii) the scope of Black history, which shall include but not be limit-
28 ed to, history, culture, contributions, social movements, literature,
29 and the arts from ancient to contemporary times;
30 (iii) the incorporation of Black history across multiple subjects,
31 including but not limited to, history, social studies, literature, and
32 the arts to provide a holistic view; and
33 (iv) diverse viewpoints within the African American community, high-
34 lighting gender, regional, socioeconomic, and ideological diversity.
35 (e) Survey and catalog the extent and breadth of education concerning
36 Black history presently being incorporated into the curricula and text-
37 books and taught in the school systems of the state; and, to inventory
38 those African slave trade, American slavery, or relevant African-Ameri-
39 can history memorials, exhibits and resources which should be incorpo-
40 rated into courses of study at educational institutions and schools
41 throughout the state;
42 (f) Compile a roster of individual professionals, consultants, and
43 experts who are willing to contract to share their knowledge and experi-
44 ence in classrooms, seminars and workshops with students and teachers on
45 the subject of Black history;
46 (g) Prepare reports for the governor and the legislature regarding its
47 findings and recommendations on facilitating the inclusion of Black
48 history and special programs in the educational system of the state; and
49 (h) Increase awareness and encourage school districts to utilize
50 curricula on Black history by:
51 (i) providing curriculum and professional development support for
52 public school districts and/or public schools for the acquisition of
53 such curricular materials, guides, texts, and coaching so as to increase
54 the efficacy of teaching and learning of such knowledge and to effect
55 its full integration into the curriculum of all such public schools; and
S. 30 5
1 (ii) prioritize the hiring, contracting, and procurement of such
2 services and materials necessary to effectuate the provisions of para-
3 graph (a) of this subdivision from among the professionals, consultants,
4 and experts who represent a broad ethnic diversity that also have a
5 demonstrated life experience and educational background in Black histo-
6 ry.
7 3. Monetary incentives shall be appropriated for schools to utilize
8 existing budgets to replace outdated materials and teaching methodol-
9 ogies.
10 § 1305. Curriculum. 1. The commission shall provide curriculum, educa-
11 tional experiences through primary sources and narratives, learning
12 materials, and performance based and project-based assessments for all
13 grades including preschool through college about:
14 (a) Black history and the influence of the history of Africans on the
15 economic, cultural, political and social foundation of the United
16 States, the Americas and the economies, politics and societies of Europe
17 and beyond;
18 (b) The institution of chattel slavery in the Americas and Europe; and
19 (c) The enduring legacy of chattel slavery in the United States and
20 the Americas, including but not limited to:
21 (i) the social construct of race;
22 (ii) inequity and injustice stemming from racism; and
23 (iii) perseverance, activism and contributions of the enslaved, their
24 descendants and stakeholders, throughout history.
25 2. The instruction shall also emphasize the personal responsibility of
26 each citizen to fight racism and hatred whenever and wherever it happens
27 and to uphold the national ideals of freedom and justice for all.
28 3. The department shall work with the commission to ensure that all
29 department assessment tools for schools within the state are inclusive
30 of the Black history curriculum and available for school districts to
31 adopt including, but not limited to:
32 (a) Inclusion in the district comprehensive education plan and school
33 comprehensive education plan; and
34 (b) Inclusion in district diversity, equity, and inclusion plans.
35 4. Curriculum shall be disseminated by the commission and shall incor-
36 porate the learning standards established by the board of regents.
37 § 1306. Authorization. 1. The commission is authorized to call upon
38 any department, office, division or agency of the state, or any county,
39 municipality or school district of the state, to supply such data,
40 program reports and other information, as it deems necessary to
41 discharge its responsibilities under this article.
42 2. Such departments, offices, divisions and agencies shall, to the
43 extent possible and not inconsistent with any other law of this state,
44 cooperate with the commission and shall furnish it with such information
45 and assistance as may be necessary or helpful to accomplish the purposes
46 of this article.
47 § 3. Section 801 of the education law is amended by adding a new
48 subdivision 3-a to read as follows:
49 3-a. The regents shall prescribe courses of instruction in accordance
50 with the requirements of section thirteen hundred five of this chapter.
51 Similar courses of instruction shall be prescribed and maintained in
52 private schools and offered to home schools in the state, and all pupils
53 in such schools in grades or classes corresponding to the instruction in
54 the eighth and higher grades of the public schools shall attend upon
55 such courses. If such courses are not so established and maintained in a
56 private school, attendance upon instruction in such school shall not be
S. 30 6
1 deemed substantially equivalent to instruction given to pupils in the
2 public schools of the city or district in which such pupils reside.
3 § 4. This act shall take effect immediately, provided, however, that
4 section 1305 of the education law, as added by section two of this act,
5 and subdivision 3-a of section 801 of the education law, as added by
6 section three of this act shall take effect on the first of July next
7 succeeding the date upon which it shall have become a law.
