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SB3889 Summary:

BILL NOS03889
 
SAME ASSAME AS A05578
 
SPONSORBAILEY
 
COSPNSRBIAGGI, BRISPORT, BROUK, COMRIE, JACKSON, LIU, PARKER, SEPULVEDA
 
MLTSPNSR
 
Add Art 67 §§3350 - 3353, Ed L
 
Enacts the Educational Rights Transparency for New York Families Act, to establish standards for resource based educational rights of students within the state and implement a system of self assessment and reporting by schools and school districts.
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SB3889 Actions:

BILL NOS03889
 
02/01/2021REFERRED TO EDUCATION
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SB3889 Memo:

Memo not available
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SB3889 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3889
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 1, 2021
                                       ___________
 
        Introduced  by  Sens.  BAILEY, 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  enacting  the  Educa-
          tional Rights Transparency for New York Families Act
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Educational Rights Transparency for New York Families Act".
     3    §  2.  The education law is amended by adding a new article 67 to read
     4  as follows:
     5                                 ARTICLE 67
     6          EDUCATIONAL RIGHTS TRANSPARENCY FOR NEW YORK FAMILIES ACT
 
     7  Section 3350. Short title.
     8          3351. Standards for resource related educational rights.
     9          3352. Reporting by school employees and school boards.
    10          3353. Educational rights publication for parents and students.
    11    § 3350. Short title. This article shall be known and may be  cited  as
    12  the "Educational Rights Transparency for New York Families Act".
    13    § 3351. Standards for resource related educational rights. The commis-
    14  sioner  shall  promulgate  rules  and  regulations regarding a student's
    15  resource related educational rights, including but not limited to target
    16  goals and definitions for:
    17    (a) sufficient numbers of qualified teachers,  principals,  and  other
    18  personnel;
    19    (b) suitable and up-to-date curricula;
    20    (c)  support for students who are not meeting, or at risk of not meet-
    21  ing, any state learning standards in a core academic subject,  including
    22  English language arts, math, science and social studies;
    23    (d) adequate resources for students with disabilities and English-lan-
    24  guage learners;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07564-01-1

        S. 3889                             2
 
     1    (e) appropriate class sizes;
     2    (f)  sufficient and up-to-date books, supplies, libraries, educational
     3  technology, and laboratories;
     4    (g) a safe and orderly environment; and
     5    (h) adequate and accessible school buildings.
     6    § 3352. Reporting by school employees and school boards. 1.  Beginning
     7  in the two thousand twenty-two--two thousand twenty-three  school  year,
     8  the  board  of  education or trustees, as defined in section two of this
     9  chapter, of every school district within the state, however created  and
    10  the chancellor of the city school district of the city of New York shall
    11  establish  a  program  engaging teachers, support staff, parents and, at
    12  the high school level, student leaders in an annual school  level  self-
    13  assessment  of  each  school's  ability to follow and meet the rules and
    14  regulations promulgated pursuant to section thirty-three hundred  fifty-
    15  one  of  this  article. The department shall develop and issue, policies
    16  and procedures for such annual assessment.
    17    2. (a) The board of education or trustees of each school district,  or
    18  the  chancellor  of the city school district of the city of New York, as
    19  applicable, shall examine any data and make inspections to validate  the
    20  findings  of the annual school level assessments made pursuant to subdi-
    21  vision one of this section. Such examination shall include an  audit  of
    22  the  adequacy  of  a  district's  own resources and capacity to meet the
    23  needs of each school located in such district  in  regard  to  complying
    24  with  the  rules and regulations promulgated pursuant to section thirty-
    25  three hundred fifty-one of this article.
    26    (b) The findings of such examination shall be compiled into  a  report
    27  which shall be filed with the department and posted conspicuously on the
    28  website  for  the  department  and each school district. In the event an
    29  examination finds resource gaps at the school or  district  level,  such
    30  report  shall  additionally  include  proposed remedies both that can be
    31  carried out with the district's available resources and  an  explanation
    32  of resource gaps that may be remedied through additional state aid.
    33    3. (a) A school employee shall, no more than sixty days after learning
    34  of  a  school's noncompliance with the rules and regulations promulgated
    35  pursuant to section thirty-three  hundred  fifty-one  of  this  article,
    36  either through the annual assessment process pursuant to subdivision one
    37  of  this  section  or  at any other time, document such noncompliance in
    38  writing and file a report with the board of  education  or  trustees  of
    39  such  school  district  or the chancellor of the city school district of
    40  the city of New York, as applicable.
    41    (b) Within thirty days of receiving a report of noncompliance pursuant
    42  to paragraph (a) of this subdivision, the board of education or trustees
    43  of such school district or the chancellor of the city school district of
    44  the city of New York, as applicable, shall ensure that:
    45    (i) written notification is issued to the parent or  guardian  of  any
    46  student  affected by such noncompliance. Such written notification shall
    47  be provided in English and translated  as  necessary  into  the  primary
    48  language of such parent or guardian; and
    49    (ii) the board of education or trustees of such school district or the
    50  chancellor  of  the  city  school  district  of the city of New York, as
    51  applicable, submits the findings of noncompliance  to  the  department's
    52  office of accountability.
    53    4.  The  department shall review, store and organize all noncompliance
    54  reports submitted pursuant to subdivisions two and three of this section
    55  in a publicly accessible database.

        S. 3889                             3
 
     1    5. The department's office of accountability shall develop  and  issue
     2  recommendations to a board of education or trustees of a school district
     3  or  the  chancellor of the city school district of the city of New York,
     4  as applicable, of a  noncompliant  school  to  bring  such  school  into
     5  compliance  with  the  rules  and  regulations  promulgated  pursuant to
     6  section thirty-three hundred fifty-one of this article.
     7    § 3353. Educational rights publication for parents  and  students.  1.
     8  The  department  shall promulgate a parent and student friendly publica-
     9  tion detailing the resource related educational rights of students with-
    10  in the state. Such publication shall include, but  is  not  limited  to,
    11  information regarding a student's right to:
    12    (a)  sufficient  numbers  of qualified teachers, principals, and other
    13  personnel;
    14    (b) suitable and up-to-date curricula;
    15    (c) support for students who are not meeting, or at risk of not  meet-
    16  ing,  any state learning standards in a core academic subject, including
    17  English language arts, math, science and social studies;
    18    (d) adequate resources for students with disabilities and English-lan-
    19  guage learners;
    20    (e) appropriate class sizes;
    21    (f) sufficient and up-to-date books, supplies, libraries,  educational
    22  technology, and laboratories;
    23    (g) a safe and orderly environment; and
    24    (h) adequate and accessible school buildings.
    25    Such  publication  shall  additionally  include  a phone number and an
    26  email address to the appropriate department office to accommodate  ques-
    27  tions  or  complaints  from  parents  or guardians of students regarding
    28  resource related educational rights.
    29    2. The department shall conspicuously post and maintain  the  publica-
    30  tion required pursuant to subdivision one of this section on the website
    31  of  the  department  and  require  that every school district within the
    32  state do the same on their respective sites. The department  shall  also
    33  require  every  school  district within the state to provide a parent or
    34  guardian of a student in such district with a hard copy of such publica-
    35  tion upon the initial release of the publication, at the start  of  each
    36  academic year, to a parent or guardian of a student when such student is
    37  enrolled in a new school and to a parent or guardian upon the request of
    38  such  parent  or  guardian.  Such publication shall be made available in
    39  English and the nine most common languages other than English spoken  by
    40  parents  or guardians of New York state school children as determined by
    41  the department.
    42    § 3. This act shall take effect July 1, 2022.  Effective  immediately,
    43  the  addition,  amendment and/or repeal of any rule or regulation neces-
    44  sary for the implementation of  this  act  on  its  effective  date  are
    45  authorized to be made and completed on or before such effective date.
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