STATE OF NEW YORK
________________________________________________________________________
4308
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
AN ACT to amend the education law, in relation to school district diver-
sity 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 officer, and if the
7 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 officer or clerk need
20 not be a resident of the school district to hold such office in such
21 district.
22 § 3. Subdivision 1 of section 2103 of the education law is amended to
23 read as follows:
24 1. No district superintendent or supervisor is eligible to the office
25 of trustee or member of a board of education, and no trustee or member
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08285-01-3
S. 4308 2
1 of a board of education can hold the office of district clerk, collec-
2 tor, diversity officer, treasurer or librarian, except as otherwise
3 provided by section twenty-one hundred thirty.
4 § 4. Section 2103 of the education law is amended by adding a new
5 subdivision 5 to read as follows:
6 5. An administrative employee of the school district shall be
7 appointed as the school district diversity officer.
8 § 5. The part heading of part 2 of article 43 of the education law is
9 amended to read as follows:
10 DISTRICT CLERK; TREASURER; DIVERSITY OFFICER; COLLECTOR
11 § 6. The education law is amended by adding a new section 2131 to
12 read as follows:
13 § 2131. Duties of diversity officer. It shall be the duty of the
14 diversity officer of each school district to develop methods to diversi-
15 fy the personnel of the school district, with an emphasis on diversify-
16 ing teaching staff. The diversity officer shall annually review racial
17 and ethnic disparities within the school district and shall encourage
18 and assist in the recruitment and retention of a more racially and
19 ethnically diverse staff. The diversity officer shall also review
20 school district policies and practices and recommend changes to such
21 policies and practices to reduce racial and ethnic disparities in hiring
22 school district employees, particularly teachers. The diversity officer
23 shall publish an annual report on the school district's plans, processes
24 and progress in hiring and retaining educators of color. Such report
25 shall be presented to the local board of education and shall be avail-
26 able to the public
27 § 7. Section 1709 of the education law is amended by adding a new
28 subdivision 44 to read as follows:
29 44. To prepare a report in response to the annual report presented to
30 the board of education by the diversity officer pursuant to section
31 twenty-one hundred thirty-one of this title relating to the school
32 district's plans, processes and progress in hiring and retaining educa-
33 tors of color and to submit such report to the department.
34 § 8. Section 1804 of the education law is amended by adding a new
35 subdivision 13 to read as follows:
36 13. The board shall prepare a report in response to the annual report
37 presented to the board of education by the diversity officer pursuant to
38 section twenty-one hundred thirty-one of this title relating to the
39 school district's plans, processes and progress in hiring and retaining
40 educators of color and to submit such report to the department.
41 § 9. Section 2503 of the education law is amended by adding a new
42 subdivision 22 to read as follows:
43 22. Shall prepare a report in response to the annual report presented
44 to the board of education by the diversity officer pursuant to section
45 twenty-one hundred thirty-one of this title relating to the school
46 district's plans, processes and progress in hiring and retaining educa-
47 tors of color and to submit such report to the department.
48 § 10. Section 2554 of the education law is amended by adding a new
49 subdivision 29 to read as follows:
50 29. To prepare a report in response to the annual report presented to
51 the board of education by the diversity officer pursuant to section
52 twenty-one hundred thirty-one of this title relating to the school
53 district's plans, processes and progress in hiring and retaining educa-
54 tors of color and to submit such report to the department.
55 § 11. Section 305 of the education law is amended by adding a new
56 subdivision 60 to read as follows:
S. 4308 3
1 60. The commissioner shall prepare an annual report based on the
2 reports submitted to the department by local boards of education on
3 school districts' plans, processes and progress in hiring and retaining
4 educators of color and shall submit such report to the legislature annu-
5 ally.
6 § 12. This act shall take effect immediately.