Bill Text: NY S06589 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides that the office of non-public school services shall create and revise a document titled the state standards report which is to be completed by the superintendent of every school district for each non-public school in such district, and which will assist and guide the school district in determining that all resident children attending a school other than a public school receive instruction from competent teachers and is at least substantially equivalent to the instruction given to minors of like age and attainments at the public schools where the minor resides; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S06589 Detail]
Download: New_York-2019-S06589-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6589 2019-2020 Regular Sessions IN SENATE June 17, 2019 ___________ Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law, in relation to requiring a state standards report to be filed by all non-public schools The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3204 of the education law is amended by adding a 2 new subdivision 1-a to read as follows: 3 1-a. Office of non-public school services. (a) The office of non-publ- 4 ic school services within the department shall verify no later than the 5 first of August of each year ending in an even number that every school 6 district has submitted a certified state standards report for the 7 preceding two years. The state standards report shall certify that 8 instruction given to all minors elsewhere than public schools within the 9 school district is at least substantially equivalent to the instruction 10 given to minors of like age and attainments at the public schools of the 11 city or district where the minor resides and shall be signed by the 12 superintendent of schools and approved by majority vote of the board of 13 education. 14 (b) The office of non-public school services shall create and revise a 15 document titled the state standards report. The state standards report, 16 which is to be completed by the superintendent of every school district 17 for each non-public school in such district, will assist and guide the 18 school district in determining that all resident children attending a 19 school other than a public school receive instruction from competent 20 teachers and is at least substantially equivalent to the instruction 21 given to minors of like age and attainments at the public schools where 22 the minor resides. 23 (c) The commissioner shall issue a district compliance report, on or 24 before the first of September of each year ending in an even number, to 25 be posted on the department website, which details the following: (i) EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06308-03-9S. 6589 2 1 which school districts have failed to submit the state standards report; 2 (ii) which school districts have substantially equivalent instruction in 3 all of their non-public schools; (iii) which school districts do not 4 have substantially equivalent instruction in all of their non-public 5 schools; (iv) which school districts were unable to determine the equiv- 6 alency of instruction in all of their non-public schools; (v) which 7 non-public schools are not providing substantially equivalent instruc- 8 tion; (vi) which non-public schools have failed to cooperate in the 9 completion of their school district's state standards report; (vii) 10 which non-public schools are providing substantially equivalent instruc- 11 tion; (viii) the funds allocated to each non-public school; and (ix) any 12 other information the commissioner deems necessary. 13 (d) A school district which does not submit the state standards report 14 within ninety days of the first of August of each year ending in an even 15 number shall require the commissioner to initiate an investigation and 16 make a determination of the substantial equivalency of instruction at 17 all non-public schools within the school district within one hundred 18 eighty days of such date. As a result of the commissioner's investi- 19 gation, non-public schools within such district that are determined by 20 the commissioner to provide substantially equivalent instruction shall 21 have their status updated to reflect such determination by the commis- 22 sioner and non-public schools within such district that do not provide 23 substantially equivalent instruction may be given a reasonable amount of 24 time to remedy any deficiencies identified by the commissioner. The 25 commissioner may order a schedule for such school to remedy such identi- 26 fied deficiencies. Failure of such school to remedy such deficiencies 27 within the ordered schedule will result in a determination that such 28 school does not provide substantially equivalent instruction. Princi- 29 pals and administrators of non-public schools that were closed or 30 defunded for not providing substantially equivalent instruction shall be 31 prohibited from creating, opening or operating a subsequent non-public 32 school. Upon a determination by the commissioner that a non-public 33 school does not provide substantially equivalent instruction, notice in 34 writing shall be provided, within thirty days, to the administrator of 35 the non-public school and the parents or guardians of pupils attending 36 that school and the school district. Children attending a non-public 37 school that does not provide substantially equivalent instruction will 38 be considered truant. Parents and guardians of pupils shall transfer 39 their children to either a public school or a non-public school that has 40 been identified as providing substantially equivalent instruction as of 41 the most recently submitted state standards report, within thirty days 42 of notification of the commissioner's determination. All transportation, 43 textbooks, health services and other services provided by the board of 44 education to a non-public school, that the commissioner determines does 45 not provide substantially equivalent instruction, will be withdrawn no 46 later than forty-five days after notification of such determination but 47 not less than thirty days. 48 (e) The commissioner shall create, maintain and supervise an office of 49 non-public school services within the department and shall allocate 50 sufficient staffing and resources to achieve the requirements of this 51 section. 52 (f) Non-public school administrators shall assist and cooperate with 53 superintendents and boards of education in the completion and submission 54 of the state standards report. Non-public school administrators shall 55 ensure that each teacher in a non-public school possesses sufficient 56 knowledge in the subject matters that are taught by such teacher.S. 6589 3 1 (g) School districts shall submit an updated state standards report to 2 the office of non-public schools services every two years. The super- 3 intendent of every school district shall have the duty to submit the 4 state standards report pursuant to this subdivision, provided, however, 5 each superintendent may coordinate and obtain the assistance of others, 6 including but not limited to BOCES in the completion of the state stand- 7 ards report. 8 (h) The state standards report shall, for each non-public school in 9 the district, include, but not be limited to, the following: (i) that 10 each non-public school building in the district is a safe place for 11 children, with the latest fire inspection report for each non-public 12 school in the district or, in New York city, a certificate of occupancy 13 issued by the New York city department of buildings for each non-public 14 school in the district; (ii) a list of names of pupils from the district 15 who are attending non-public schools within the district for the past 16 two years and which non-public schools they are attending; (iii) copies 17 of school calendars for the past two years and the upcoming year for 18 each non-public school in the district; (iv) a list of grade levels and 19 the total enrollment at each grade level for each of the non-public 20 schools in the district over the past two years; (v) a list of courses 21 and subjects which were taught at each grade level at each non-public 22 school over the past two years; (vi) how each non-public school within 23 the district, over the past two years, was able to instruct their pupils 24 in the required subjects of: arithmetic, English language, reading, 25 spelling, writing, music, geography, health education, physical educa- 26 tion, science, United States history, New York State history and visual 27 arts for grades one through six; English, social studies, science, math- 28 ematics, physical education, health education, New York State history, 29 visual arts, music, practical arts, technology education, home and 30 career skills and library and information skills for grades seven 31 through eight; English, social studies including a year of American 32 history, mathematics, science, health, physical education, art and music 33 for grades nine through twelve; (vii) how many times the superintendent 34 visited each of the non-public schools in the district; (viii) how many 35 hours of the day are spent on instruction of each of the required 36 subjects for each grade listed in subparagraph (vi) of this paragraph 37 and which textbooks were utilized in such instruction at each of the 38 non-public schools; and (ix) a list of all non-public schools in the 39 school district. 40 (i) At least twice per year, the commissioner shall initiate an unan- 41 nounced investigation into the substantial equivalency of instruction at 42 every non-public school in the state and make a determination of whether 43 instruction is substantially equivalent based on the findings of such 44 investigation. 45 (j) The commissioner shall initiate an investigation into the substan- 46 tial equivalency of instruction at any non-public school that is identi- 47 fied in the state standards report as: (i) not providing substantially 48 equivalent instruction; and (ii) not cooperating with the completion of 49 their school district's state standards report, within ninety days of 50 submission of the state standards report. The commissioner shall make a 51 determination of whether instruction is substantially equivalent based 52 on the findings of such investigation. 53 § 2. This act shall take effect on the first of July next succeeding 54 the date on which it shall have become a law.