NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2385
SPONSOR: Brabenec TITLE OF BILL:
An act to amend the education law, in relation to the provision of
certain services to students in nonpublic schools in certain school
districts
PURPOSE:
Establishing guidelines for school districts with 25 percent of their
students attending nonpublic schools
SUMMARY OF PROVISIONS:
Section 1: amends section 305 of the education law to add a new subpara-
graph 60 regarding services to students that attend nonpublic schools
Section 2: provides the effective date
JUSTIFICATION:
For decades, the State of New York has placed the burden of financing
private schools and their mandated services on the backs of public
schools across the state. Many public school districts have had to grap-
ple with this additional challenge in ensuring that all students in
their district, whether public or private school students, receive qual-
ity, affordable education.
No district has had to deal with this more than the East Ramapo Central
School District, an anomaly, where there are currently 29,000 private
school students and 9,000 public school students, creating a large
disparity between public and private school students. Surrounding
districts are facing similar issues. Unfortunately, this way of doing
things is outdated and broken. It leads to division in communities,
especially in East Ramapo, where private and public school students,
parents, teachers, and administrators are pitted against each other over
a shared revenue stream.
This legislation would remove this flashpoint. It would ensure public
schools and their boards, in districts where over 25 percent of the
students attend private schools, would only oversee public school funds,
while allowing for private schools to deal directly with the New York
State Education Department in order to secure funding and reimbursement
for mandated services such as busing, textbooks, special education and
more.
With this bill, we can solve some of the biggest issues facing the East
Ramapo Central School District and a handful of other districts across
the state while ensuring that all students in these districts receive
the quality, affordable education they deserve.
LEGISLATIVE HISTORY:
2024: A.4020-A Referred to Education
FISCAL IMPLICATIONS:
N/A
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to school years
commencing on and after the first of July next succeeding such effective
date.
STATE OF NEW YORK
________________________________________________________________________
2385
2025-2026 Regular Sessions
IN ASSEMBLY
January 16, 2025
___________
Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to the provision of
certain services to students in nonpublic schools in certain school
districts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 305 of the education law is amended by adding a new
2 subdivision 63 to read as follows:
3 63. Notwithstanding any law, rule or regulation to the contrary, for
4 any school district that has twenty-five percent or greater of students
5 living in the district who attend a nonpublic school, such school
6 district shall provide no services to pupils attending a nonpublic
7 school pursuant to sections seven hundred one, seven hundred eleven,
8 seven hundred twelve, seven hundred fifty-one, nine hundred twelve,
9 thirty-six hundred two-c and thirty-six hundred thirty-five of this
10 chapter. Students attending a nonpublic school within such districts
11 shall be provided by the nonpublic school with the same services that
12 are made available to students attending the public school of where such
13 nonpublic school is located pursuant to sections seven hundred one,
14 seven hundred eleven, seven hundred twelve, seven hundred fifty-one,
15 nine hundred twelve, thirty-six hundred two-c and thirty-six hundred
16 thirty-five of this chapter. Prior to services being provided by a
17 nonpublic school, nonpublic schools will be required to submit certif-
18 ications in a system developed by the commissioner of the services
19 provided electronically or in any other media form which the commission-
20 er reasonably determines offers the same degree of accountability and
21 control provided by paper certifications. The commissioner shall have
22 the power to review and seek correction of any service provided by
23 nonpublic schools. All costs pertaining to such services provided by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01088-01-5
A. 2385 2
1 nonpublic schools shall be approved by the commissioner and shall be
2 borne by the state.
3 § 2. This act shall take effect immediately and shall apply to school
4 years commencing on and after the first of July next succeeding such
5 effective date.
