NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1305
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the education law, in relation to required instruction
in non-public schools
PURPOSE OF THE BILL:
This bill creates an enforcement mechanism for education standards in
non-public schools.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 3204 of the education law as it
relates to clarifying that a student's education in a non-public school
must be substantially equivalent to the public school district where the
school is located rather than where the minor resides.
Section two of the bill amends the education law by adding a new section
3204-a as it relates to required instruction in non-public schools. All
nonpublic students shall receive an education that is substantially
equivalent to that in the public schools with respect to rigor, allotted
time and subject. It provides parents, students, teachers and residents
a method to file a complaint if they feel a non-public school is failing
to provide a substantially equivalent education. The commissioner of
education must investigate a substantiated complaint to determine if the
non-public school is providing an appropriate education. The section
provides the commissioner with several remedies to ensure that the
school complies with the required educational standards already set by
law
Section three of the bill relates to the effective date.
JUSTIFICATION:
This bill would provide parents, students, teachers and residents the
ability to file a complaint with the Department of Education if a
nonpublic school fails to provide a "substantially equivalent" educa-
tion. Currently, all non-public schools must provide instruction that is
"substantially equivalent" to that of the public school. This require-
ment has been around for years in order to ensure that all children are
afforded a quality and basic education regardless of where they receive
instruction. Unfortunately, there is no enforcement in the law to ensure
that non-public schools comply with the required standards; leaving
parents and students with no remedy. Recently, several parents and
students were forced to sue the school district and state in order to
compel their non-public school to increase the educational standards.
The lawsuit claimed that students were only provided a limited number of
hours of secular education per week. This bill provides a reasonable
administrative mechanism to enforce an educational standards law that
has been on the books for decades.
PRIOR LEGISLATIVE HISTORY:
A.8612 of 2015-2016
FISCAL IMPLICATIONS FOR STATE:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1305
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
___________
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. Subdivision 2 of section 3204 of the education law, as
2 amended by chapter 827 of the laws of 1982, is amended to read as
3 follows:
4 2. Quality and language of instruction; text-books. Instruction may be
5 given only by a competent teacher. In the teaching of the subjects of
6 instruction prescribed by this section, English shall be the language of
7 instruction, and text-books used shall be written in English, except
8 that for a period of three years, which period may be extended by the
9 commissioner with respect to individual pupils, upon application there-
10 for by the appropriate school authorities, to a period not in excess of
11 six years, from the date of enrollment in school, pupils who, by reason
12 of foreign birth or ancestry have limited English proficiency, shall be
13 provided with instructional programs as specified in subdivision two-a
14 of this section and the regulations of the commissioner. The purpose of
15 providing such pupils with instruction shall be to enable them to devel-
16 op academically while achieving competence in the English language.
17 Instruction given to a minor elsewhere than at a public school shall be
18 at least substantially equivalent to the instruction given to minors of
19 like age and attainments at the public schools of the city or district
20 where the school is located or if home schooled, where the minor
21 resides.
22 § 2. The education law is amended by adding a new section 3204-a to
23 read as follows:
24 § 3204-a. Instruction required in non-public schools. 1. All students
25 attending a non-public school shall be given instruction that is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02017-01-7
A. 1305 2
1 substantially equivalent to the instruction that is given to students of
2 similar age and attainment in the district in which the school is
3 located. A non-public school is not required to use the curriculum of
4 the school district in which they are located but must provide students
5 with instruction that is similar in rigor, allotted time, and subject.
6 2. If there is an allegation that a non-public school's instruction is
7 not substantially equivalent to the instruction of the public school
8 district, a written complaint may be filed with the commissioner by a
9 current or former student, parent of a current or former student,
10 current or former teacher, administrator or employee of a non-public
11 school or a resident of the school district that such non-public school
12 is located. The complaint must include the complainant's name, address,
13 non-public school name, non-public school's address, relationship to the
14 non-public school, description of the non-public school's failure to
15 provide appropriate education, and evidence of the curriculum, content
16 of instruction or any other documentation or proof that the school
17 failed to provide substantially equivalent instruction.
18 3. Upon receipt of a complaint pursuant to this section, the commis-
19 sioner shall substantiate such complaint to determine whether a valid
20 claim exists. The commissioner shall notify the district superintendent
21 and non-public school administrator, and request documentation pertain-
22 ing to the school's instruction, including but not limited to,
23 description of curriculum, class instruction materials, testing program,
24 and schedule of classes. The non-public school administrator must
25 respond to the request for documentation in a time period specified by
26 the commissioner. In the course of the investigation, the department
27 may, during any reasonable hour, conduct unannounced school visits at
28 the non-public school to observe instruction. The visitations shall
29 include observation of classrooms, discussions with school staff and
30 students, and review of curriculum documents. The non-public school
31 authorities shall not refuse access to the department for the purpose of
32 a visitation pursuant to this section.
33 4. The commissioner may consult with the district superintendent
34 during the investigation and may request documents needed as part of
35 such investigation.
36 5. Following an investigation, the commissioner shall issue a report
37 on their findings of whether the non-public school is providing instruc-
38 tion that is substantially equivalent to the school district in which it
39 is located. The report shall include all documentation submitted by the
40 non-public school and if school visitations were made, all observations
41 and notes from such visits.
42 6. If the commissioner determines that a non-public school has failed
43 to provide substantially equivalent instruction to the public school
44 pursuant to this section, the commissioner shall take any of the follow-
45 ing actions, either individually or in combination:
46 (a) The commissioner may issue an order that provides the non-public
47 school with a corrective action plan. The corrective action plan shall
48 compel the non-public school to take immediate steps to implement an
49 appropriate curriculum that provides students with substantially equiv-
50 alent instruction pursuant to this section.
51 (b) The commissioner may place a temporary education observer at the
52 non-public school to ensure that appropriate instruction is provided to
53 students.
54 (c) The commissioner may, if applicable, place the non-public school's
55 registration on probation until the non-public school demonstrates that
A. 1305 3
1 their instruction and curriculum is substantially equivalent to the
2 school district which they are located in.
3 (d) The commissioner may withhold any apportionment or grant of
4 mandated services aid until any actions or orders are satisfied.
5 (e) The commissioner may permanently revoke the non-public school's
6 registration or if not registered, prohibit the school from operating.
7 § 3. This act shall take effect immediately.
