A03272 Summary:

BILL NOA03272
 
SAME ASSAME AS S00142
 
SPONSORZebrowski
 
COSPNSRJaffee, Glick
 
MLTSPNSR
 
Amd §3204, add §3204-a, Ed L
 
Provides an enforcement mechanism for non-public school educational standards.
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A03272 Actions:

BILL NOA03272
 
01/29/2019referred to education
01/08/2020referred to education
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A03272 Committee Votes:

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A03272 Floor Votes:

There are no votes for this bill in this legislative session.
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A03272 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3272
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI,  JAFFEE,  GLICK  -- read once and
          referred to the Committee on Education
 
        AN ACT to amend the education law, in relation to  required  instruction
          in non-public schools
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (i) of subdivision  2  of  section  3204  of  the
     2  education  law, as amended by section 1 of part SSS of chapter 59 of the
     3  laws of 2018, is amended to read as follows:
     4    (i) Instruction may be given only  by  a  competent  teacher.  In  the
     5  teaching  of  the  subjects  of  instruction prescribed by this section,
     6  English shall be the language of instruction, and text-books used  shall
     7  be  written  in  English, except that for a period of three years, which
     8  period may be extended by the commissioner with  respect  to  individual
     9  pupils, upon application therefor by the appropriate school authorities,
    10  to  a  period not in excess of six years, from the date of enrollment in
    11  school, pupils who, by reason of foreign birth or ancestry have  limited
    12  English  proficiency,  shall  be provided with instructional programs as
    13  specified in subdivision two-a of this section and  the  regulations  of
    14  the  commissioner. The purpose of providing such pupils with instruction
    15  shall be to enable them to develop academically while  achieving  compe-
    16  tence  in  the  English language. Instruction given to a minor elsewhere
    17  than at a public school shall be at least  substantially  equivalent  to
    18  the  instruction  given  to  minors  of  like age and attainments at the
    19  public schools of the city or district where the school is located or if
    20  home-schooled, where the minor resides.
    21    § 2. The education law is amended by adding a new  section  3204-a  to
    22  read as follows:
    23    §  3204-a. Instruction required in non-public schools. 1. All students
    24  attending a  non-public  school  shall  be  given  instruction  that  is
    25  substantially equivalent to the instruction that is given to students of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05323-01-9

        A. 3272                             2
 
     1  similar  age  and  attainment  in  the  district  in which the school is
     2  located. A non-public school is not required to use  the  curriculum  of
     3  the  school district in which they are located but must provide students
     4  with instruction that is similar in rigor, allotted time, and subject.
     5    2. If there is an allegation that a non-public school's instruction is
     6  not  substantially  equivalent  to  the instruction of the public school
     7  district, a written complaint may be filed with the  commissioner  by  a
     8  current  or  former  student,  parent  of  a  current or former student,
     9  current or former teacher, administrator or  employee  of  a  non-public
    10  school  or a resident of the school district that such non-public school
    11  is located. The complaint must include the complainant's name,  address,
    12  non-public school name, non-public school's address, relationship to the
    13  non-public  school,  description  of  the non-public school's failure to
    14  provide appropriate education, and evidence of the  curriculum,  content
    15  of  instruction  or  any  other  documentation  or proof that the school
    16  failed to provide substantially equivalent instruction.
    17    3. Upon receipt of a complaint pursuant to this section,  the  commis-
    18  sioner  shall  substantiate  such complaint to determine whether a valid
    19  claim exists. The commissioner shall notify the district  superintendent
    20  and  non-public school administrator, and request documentation pertain-
    21  ing  to  the  school's  instruction,  including  but  not  limited   to,
    22  description of curriculum, class instruction materials, testing program,
    23  and  schedule  of  classes.  The  non-public  school  administrator must
    24  respond to the request for documentation in a time period  specified  by
    25  the  commissioner.  In  the  course of the investigation, the department
    26  may, during any reasonable hour, conduct unannounced  school  visits  at
    27  the  non-public  school  to  observe  instruction. The visitations shall
    28  include observation of classrooms, discussions  with  school  staff  and
    29  students,  and  review  of  curriculum  documents. The non-public school
    30  authorities shall not refuse access to the department for the purpose of
    31  a visitation pursuant to this section.
    32    4. The commissioner  may  consult  with  the  district  superintendent
    33  during  the  investigation  and  may request documents needed as part of
    34  such investigation.
    35    5. Following an investigation, the commissioner shall issue  a  report
    36  on their findings of whether the non-public school is providing instruc-
    37  tion that is substantially equivalent to the school district in which it
    38  is  located. The report shall include all documentation submitted by the
    39  non-public school and if school visitations were made, all  observations
    40  and notes from such visits.
    41    6.  If the commissioner determines that a non-public school has failed
    42  to provide substantially equivalent instruction  to  the  public  school
    43  pursuant to this section, the commissioner shall take any of the follow-
    44  ing actions, either individually or in combination:
    45    (a)  The  commissioner may issue an order that provides the non-public
    46  school with a corrective action plan. The corrective action  plan  shall
    47  compel  the  non-public  school  to take immediate steps to implement an
    48  appropriate curriculum that provides students with substantially  equiv-
    49  alent instruction pursuant to this section.
    50    (b)  The  commissioner may place a temporary education observer at the
    51  non-public school to ensure that appropriate instruction is provided  to
    52  students.
    53    (c) The commissioner may, if applicable, place the non-public school's
    54  registration  on probation until the non-public school demonstrates that
    55  their instruction and curriculum  is  substantially  equivalent  to  the
    56  school district which they are located in.

        A. 3272                             3
 
     1    (d)  The  commissioner  may  withhold  any  apportionment  or grant of
     2  mandated services aid until any actions or orders are satisfied.
     3    (e)  The  commissioner  may permanently revoke the non-public school's
     4  registration or if not registered, prohibit the school from operating.
     5    § 3. This act shall take effect immediately.
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