S T A T E   O F   N E W   Y O R K
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                                 9947--A

                          I N  A S S E M B L Y

                               May 2, 2016
                               ___________

Introduced by M. of A. JAFFEE -- read once and referred to the Committee
  on  Education -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

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:

  Section 1. Section 3204 of the education law is amended  by  adding  a
new subdivision 1-a to read as follows:
  1-A. OFFICE OF NON-PUBLIC SCHOOL SERVICES. (A) THE OFFICE OF NON-PUBL-
IC  SCHOOL SERVICES WITHIN THE DEPARTMENT SHALL VERIFY NO LATER THAN THE
FIRST OF AUGUST OF EACH YEAR ENDING IN AN EVEN NUMBER THAT EVERY  SCHOOL
DISTRICT  HAS  SUBMITTED  A  CERTIFIED  STATE  STANDARDS  REPORT FOR THE
PRECEDING TWO YEARS. THE  STATE  STANDARDS  REPORT  SHALL  CERTIFY  THAT
INSTRUCTION GIVEN TO ALL MINORS ELSEWHERE THAN PUBLIC SCHOOLS WITHIN THE
SCHOOL  DISTRICT IS AT LEAST SUBSTANTIALLY EQUIVALENT TO THE INSTRUCTION
GIVEN TO MINORS OF LIKE AGE AND ATTAINMENTS AT THE PUBLIC SCHOOLS OF THE
CITY OR DISTRICT WHERE THE MINOR RESIDES AND  SHALL  BE  SIGNED  BY  THE
SUPERINTENDENT  OF SCHOOLS AND APPROVED BY MAJORITY VOTE OF THE BOARD OF
EDUCATION.
  (B) THE OFFICE OF NON-PUBLIC SCHOOL SERVICES SHALL CREATE AND REVISE A
DOCUMENT TITLED THE STATE STANDARDS REPORT. THE STATE STANDARDS  REPORT,
WHICH  IS TO BE COMPLETED BY THE SUPERINTENDENT OF EVERY SCHOOL DISTRICT
FOR EACH NON-PUBLIC SCHOOL IN SUCH DISTRICT, 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.
  (C)  THE  COMMISSIONER SHALL ISSUE A DISTRICT COMPLIANCE REPORT, ON OR
BEFORE THE FIRST OF SEPTEMBER OF EACH YEAR ENDING IN AN EVEN NUMBER,  TO
BE  POSTED  ON  THE DEPARTMENT WEBSITE, WHICH DETAILS THE FOLLOWING: (I)
WHICH SCHOOL DISTRICTS HAVE FAILED TO SUBMIT THE STATE STANDARDS REPORT;
(II) WHICH SCHOOL DISTRICTS HAVE SUBSTANTIALLY EQUIVALENT INSTRUCTION IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14945-04-6

A. 9947--A                          2

ALL OF THEIR NON-PUBLIC SCHOOLS; (III) WHICH  SCHOOL  DISTRICTS  DO  NOT
HAVE  SUBSTANTIALLY  EQUIVALENT  INSTRUCTION  IN ALL OF THEIR NON-PUBLIC
SCHOOLS; (IV) WHICH SCHOOL DISTRICTS WERE UNABLE TO DETERMINE THE EQUIV-
ALENCY  OF  INSTRUCTION  IN  ALL  OF THEIR NON-PUBLIC SCHOOLS; (V) WHICH
NON-PUBLIC SCHOOLS ARE NOT PROVIDING SUBSTANTIALLY  EQUIVALENT  INSTRUC-
TION;  (VI)  WHICH  NON-PUBLIC  SCHOOLS  HAVE FAILED TO COOPERATE IN THE
COMPLETION OF THEIR SCHOOL  DISTRICT'S  STATE  STANDARDS  REPORT;  (VII)
WHICH NON-PUBLIC SCHOOLS ARE PROVIDING SUBSTANTIALLY EQUIVALENT INSTRUC-
TION; AND (VIII) ANY OTHER INFORMATION THE COMMISSIONER DEEMS NECESSARY.
  (D) A SCHOOL DISTRICT WHICH DOES NOT SUBMIT THE STATE STANDARDS REPORT
WITHIN NINETY DAYS OF THE FIRST OF AUGUST OF EACH YEAR ENDING IN AN EVEN
NUMBER  SHALL  REQUIRE THE COMMISSIONER TO INITIATE AN INVESTIGATION AND
MAKE A DETERMINATION OF THE SUBSTANTIAL EQUIVALENCY  OF  INSTRUCTION  AT
ALL  NON-PUBLIC  SCHOOLS  WITHIN  THE SCHOOL DISTRICT WITHIN ONE HUNDRED
EIGHTY DAYS OF SUCH DATE. AS A RESULT  OF  THE  COMMISSIONER'S  INVESTI-
GATION,  NON-PUBLIC  SCHOOLS WITHIN SUCH DISTRICT THAT ARE DETERMINED BY
THE COMMISSIONER TO PROVIDE SUBSTANTIALLY EQUIVALENT  INSTRUCTION  SHALL
HAVE  THEIR  STATUS UPDATED TO REFLECT SUCH DETERMINATION BY THE COMMIS-
SIONER AND NON-PUBLIC SCHOOLS WITHIN SUCH DISTRICT THAT DO  NOT  PROVIDE
SUBSTANTIALLY EQUIVALENT INSTRUCTION MAY BE GIVEN A REASONABLE AMOUNT OF
TIME  TO  REMEDY  ANY  DEFICIENCIES  IDENTIFIED BY THE COMMISSIONER. THE
COMMISSIONER MAY ORDER A SCHEDULE FOR SUCH SCHOOL TO REMEDY SUCH IDENTI-
FIED DEFICIENCIES. FAILURE OF SUCH SCHOOL TO  REMEDY  SUCH  DEFICIENCIES
WITHIN  THE  ORDERED  SCHEDULE  WILL RESULT IN A DETERMINATION THAT SUCH
SCHOOL DOES NOT PROVIDE SUBSTANTIALLY EQUIVALENT INSTRUCTION.    UPON  A
DETERMINATION  BY  THE  COMMISSIONER  THAT  A NON-PUBLIC SCHOOL DOES NOT
PROVIDE SUBSTANTIALLY EQUIVALENT INSTRUCTION, NOTICE IN WRITING SHALL BE
PROVIDED, WITHIN THIRTY DAYS, TO THE  ADMINISTRATOR  OF  THE  NON-PUBLIC
SCHOOL  AND THE PARENTS OR GUARDIANS OF PUPILS ATTENDING THAT SCHOOL AND
THE SCHOOL DISTRICT. CHILDREN ATTENDING A NON-PUBLIC  SCHOOL  THAT  DOES
NOT  PROVIDE  SUBSTANTIALLY  EQUIVALENT  INSTRUCTION  WILL BE CONSIDERED
TRUANT.  PARENTS AND GUARDIANS OF PUPILS SHALL TRANSFER  THEIR  CHILDREN
TO  EITHER  A PUBLIC SCHOOL OR A NON-PUBLIC SCHOOL THAT HAS BEEN IDENTI-
FIED AS PROVIDING SUBSTANTIALLY EQUIVALENT INSTRUCTION AS  OF  THE  MOST
RECENTLY SUBMITTED STATE STANDARDS REPORT, WITHIN THIRTY DAYS OF NOTIFI-
CATION  OF  THE  COMMISSIONER'S DETERMINATION. ALL TRANSPORTATION, TEXT-
BOOKS, HEALTH SERVICES AND OTHER  SERVICES  PROVIDED  BY  THE  BOARD  OF
EDUCATION  TO A NON-PUBLIC SCHOOL, THAT THE COMMISSIONER DETERMINES DOES
NOT PROVIDE SUBSTANTIALLY EQUIVALENT INSTRUCTION, WILL BE  WITHDRAWN  NO
LATER  THAN FORTY-FIVE DAYS AFTER NOTIFICATION OF SUCH DETERMINATION BUT
NOT LESS THAN THIRTY DAYS.
  (E) THE COMMISSIONER SHALL CREATE, MAINTAIN AND SUPERVISE AN OFFICE OF
NON-PUBLIC SCHOOL SERVICES WITHIN  THE  DEPARTMENT  AND  SHALL  ALLOCATE
SUFFICIENT  STAFFING  AND  RESOURCES TO ACHIEVE THE REQUIREMENTS OF THIS
SECTION.
  (F) NON-PUBLIC SCHOOL ADMINISTRATORS SHALL ASSIST AND  COOPERATE  WITH
SUPERINTENDENTS AND BOARDS OF EDUCATION IN THE COMPLETION AND SUBMISSION
OF THE STATE STANDARDS REPORT.
  (G) SCHOOL DISTRICTS SHALL SUBMIT AN UPDATED STATE STANDARDS REPORT TO
THE  OFFICE  OF  NON-PUBLIC SCHOOLS SERVICES EVERY TWO YEARS. THE SUPER-
INTENDENT OF EVERY SCHOOL DISTRICT SHALL HAVE THE  DUTY  TO  SUBMIT  THE
STATE  STANDARDS REPORT PURSUANT TO THIS SUBDIVISION, PROVIDED, HOWEVER,
EACH SUPERINTENDENT MAY COORDINATE AND OBTAIN THE ASSISTANCE OF  OTHERS,
INCLUDING BUT NOT LIMITED TO BOCES IN THE COMPLETION OF THE STATE STAND-
ARDS REPORT.

A. 9947--A                          3

  (H)  THE  STATE  STANDARDS REPORT SHALL, FOR EACH NON-PUBLIC SCHOOL IN
THE DISTRICT, INCLUDE, BUT NOT BE LIMITED TO, THE  FOLLOWING:  (I)  THAT
EACH  NON-PUBLIC  SCHOOL  BUILDING  IN  THE DISTRICT IS A SAFE PLACE FOR
CHILDREN, WITH THE LATEST FIRE INSPECTION  REPORT  FOR  EACH  NON-PUBLIC
SCHOOL  IN THE DISTRICT OR, IN NEW YORK CITY, A CERTIFICATE OF OCCUPANCY
ISSUED BY THE NEW YORK CITY DEPARTMENT OF BUILDINGS FOR EACH  NON-PUBLIC
SCHOOL IN THE DISTRICT; (II) A LIST OF NAMES OF PUPILS FROM THE DISTRICT
WHO  ARE  ATTENDING  NON-PUBLIC SCHOOLS WITHIN THE DISTRICT FOR THE PAST
TWO YEARS AND WHICH NON-PUBLIC SCHOOLS THEY ARE ATTENDING; (III)  COPIES
OF  SCHOOL  CALENDARS  FOR  THE PAST TWO YEARS AND THE UPCOMING YEAR FOR
EACH NON-PUBLIC SCHOOL IN THE DISTRICT; (IV) A LIST OF GRADE LEVELS  AND
THE  TOTAL  ENROLLMENT  AT  EACH  GRADE LEVEL FOR EACH OF THE NON-PUBLIC
SCHOOLS IN THE DISTRICT OVER THE PAST TWO YEARS; (V) A LIST  OF  COURSES
AND  SUBJECTS  WHICH  WERE TAUGHT AT EACH GRADE LEVEL AT EACH NON-PUBLIC
SCHOOL OVER THE PAST TWO YEARS; (VI) HOW EACH NON-PUBLIC  SCHOOL  WITHIN
THE DISTRICT, OVER THE PAST TWO YEARS, WAS ABLE TO INSTRUCT THEIR PUPILS
IN  THE  REQUIRED  SUBJECTS  OF:  ARITHMETIC, ENGLISH LANGUAGE, READING,
SPELLING, WRITING, MUSIC, GEOGRAPHY, HEALTH EDUCATION,  PHYSICAL  EDUCA-
TION,  SCIENCE, UNITED STATES HISTORY, NEW YORK STATE HISTORY AND VISUAL
ARTS FOR GRADES ONE THROUGH SIX; ENGLISH, SOCIAL STUDIES, SCIENCE, MATH-
EMATICS, PHYSICAL EDUCATION, HEALTH EDUCATION, NEW YORK  STATE  HISTORY,
VISUAL  ARTS,  MUSIC,  PRACTICAL  ARTS,  TECHNOLOGY  EDUCATION, HOME AND
CAREER SKILLS AND  LIBRARY  AND  INFORMATION  SKILLS  FOR  GRADES  SEVEN
THROUGH  EIGHT;  ENGLISH,  SOCIAL  STUDIES  INCLUDING A YEAR OF AMERICAN
HISTORY, MATHEMATICS, SCIENCE, HEALTH, PHYSICAL EDUCATION, ART AND MUSIC
FOR GRADES NINE THROUGH TWELVE; (VII) HOW MANY TIMES THE  SUPERINTENDENT
VISITED  EACH OF THE NON-PUBLIC SCHOOLS IN THE DISTRICT; (VIII) HOW MANY
HOURS OF THE DAY ARE SPENT  ON  INSTRUCTION  OF  EACH  OF  THE  REQUIRED
SUBJECTS  FOR  EACH  GRADE LISTED IN SUBPARAGRAPH (VI) OF THIS PARAGRAPH
AND WHICH TEXTBOOKS WERE UTILIZED IN SUCH INSTRUCTION  AT  EACH  OF  THE
NON-PUBLIC  SCHOOLS;  AND  (IX)  A LIST OF ALL NON-PUBLIC SCHOOLS IN THE
SCHOOL DISTRICT.
  (I) THE COMMISSIONER MAY AT HER OR HIS DISCRETION INITIATE AN INVESTI-
GATION INTO THE SUBSTANTIAL EQUIVALENCY OF INSTRUCTION AT ANY NON-PUBLIC
SCHOOL AND MAKE A DETERMINATION OF WHETHER INSTRUCTION IS  SUBSTANTIALLY
EQUIVALENT BASED ON THE FINDINGS OF SUCH INVESTIGATION.
  (J) THE COMMISSIONER SHALL INITIATE AN INVESTIGATION INTO THE SUBSTAN-
TIAL EQUIVALENCY OF INSTRUCTION AT ANY NON-PUBLIC SCHOOL THAT IS IDENTI-
FIED  IN  THE STATE STANDARDS REPORT AS: (I) NOT PROVIDING SUBSTANTIALLY
EQUIVALENT INSTRUCTION; AND (II) NOT COOPERATING WITH THE COMPLETION  OF
THEIR  SCHOOL  DISTRICT'S  STATE STANDARDS REPORT, WITHIN NINETY DAYS OF
SUBMISSION OF THE STATE STANDARDS REPORT. THE COMMISSIONER  MAY  MAKE  A
DETERMINATION  OF  WHETHER INSTRUCTION IS SUBSTANTIALLY EQUIVALENT BASED
ON THE FINDINGS OF SUCH INVESTIGATION.
  S 2. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.