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.
STATE OF NEW YORK
________________________________________________________________________
4308--A
2023-2024 Regular Sessions
IN SENATE
February 7, 2023
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- recommitted
to the Committee on Education in accordance with Senate Rule 6, sec. 8
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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
20 officer or clerk need not be a resident of the school district to hold
21 such office in such district.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08285-03-4
S. 4308--A 2
1 § 3. Subdivision 1 of section 2103 of the education law is amended to
2 read as follows:
3 1. No district superintendent or supervisor is eligible to the office
4 of trustee or member of a board of education, and no trustee or member
5 of a board of education can hold the office of district clerk, collec-
6 tor, diversity, equity and inclusion officer, treasurer or librarian,
7 except as otherwise provided by section twenty-one hundred thirty.
8 § 4. Section 2103 of the education law is amended by adding a new
9 subdivision 5 to read as follows:
10 5. An administrative employee of the school district shall be
11 appointed as the school district diversity, equity and inclusion offi-
12 cer.
13 § 5. The part heading of part 2 of article 43 of the education law is
14 amended to read as follows:
15 DISTRICT CLERK; TREASURER; DIVERSITY, EQUITY AND INCLUSION
16 OFFICER; COLLECTOR
17 § 6. The education law is amended by adding a new section 2131 to
18 read as follows:
19 § 2131. Duties of diversity, equity and inclusion officer. It shall
20 be the duty of the diversity, equity and inclusion officer of each
21 school district to develop methods to diversify the personnel of the
22 school district, with an emphasis on diversifying teaching staff. The
23 diversity, equity and inclusion officer shall annually review racial and
24 ethnic disparities within the school district and shall encourage and
25 assist in the recruitment and retention of a more racially and
26 ethnically diverse staff. The diversity, equity and inclusion officer
27 shall also review school district policies and practices and recommend
28 changes to such policies and practices to reduce racial and ethnic
29 disparities in hiring school district employees, particularly teachers.
30 The diversity, equity and inclusion officer shall publish an annual
31 report on the school district's plans, processes and progress in hiring
32 and retaining educators of color. Such report shall be presented to the
33 local board of education and shall be available to the public.
34 § 7. Section 1709 of the education law is amended by adding a new
35 subdivision 44 to read as follows:
36 44. To prepare a report in response to the annual report presented to
37 the board of education by the diversity, equity and inclusion officer
38 pursuant to section twenty-one hundred thirty-one of this title relating
39 to the school district's plans, processes and progress in hiring and
40 retaining educators of color and to submit such report to the depart-
41 ment.
42 § 8. Section 1804 of the education law is amended by adding a new
43 subdivision 13 to read as follows:
44 13. The board shall prepare a report in response to the annual report
45 presented to the board of education by the diversity, equity and inclu-
46 sion officer pursuant to section twenty-one hundred thirty-one of this
47 title relating to the school district's plans, processes and progress in
48 hiring and retaining educators of color and to submit such report to the
49 department.
50 § 9. Section 2503 of the education law is amended by adding a new
51 subdivision 22 to read as follows:
52 22. Shall prepare a report in response to the annual report presented
53 to the board of education by the diversity, equity and inclusion officer
54 pursuant to section twenty-one hundred thirty-one of this title relating
55 to the school district's plans, processes and progress in hiring and
S. 4308--A 3
1 retaining educators of color and to submit such report to the depart-
2 ment.
3 § 10. Section 2554 of the education law is amended by adding a new
4 subdivision 29 to read as follows:
5 29. To prepare a report in response to the annual report presented to
6 the board of education by the diversity, equity and inclusion officer
7 pursuant to section twenty-one hundred thirty-one of this title relating
8 to the school district's plans, processes and progress in hiring and
9 retaining educators of color and to submit such report to the depart-
10 ment.
11 § 11. Section 305 of the education law is amended by adding a new
12 subdivision 61 to read as follows:
13 61. The commissioner shall prepare an annual report based on the
14 reports submitted to the department by local boards of education on
15 school districts' plans, processes and progress in hiring and retaining
16 educators of color and shall submit such report to the legislature annu-
17 ally.
18 § 12. This act shall take effect immediately.
