S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6291

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by Sen. CARLUCCI -- 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  required  instruction
  in non-public schools

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 3204  of  the  education  law,  as
amended  by  chapter  827  of  the  laws  of 1982, is amended to read as
follows:
  2. Quality and language of instruction; text-books. Instruction may be
given only by a competent teacher. In the teaching of  the  subjects  of
instruction prescribed by this section, English shall be the language of
instruction,  and  text-books  used  shall be written in English, except
that for a period of three years, which period may be  extended  by  the
commissioner  with respect to individual pupils, upon application there-
for by the appropriate school authorities, to a period not in excess  of
six  years, from the date of enrollment in school, pupils who, by reason
of foreign birth or ancestry have limited English proficiency, shall  be
provided  with  instructional programs as specified in subdivision two-a
of this section and the regulations of the commissioner. The purpose  of
providing such pupils with instruction shall be to enable them to devel-
op  academically  while  achieving  competence  in the English language.
Instruction given to a minor elsewhere than at a public school shall  be
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  SCHOOL  IS  LOCATED  OR  IF  HOME  SCHOOLED, WHERE THE minor
resides.
  S 2. The education law is amended by adding a new  section  3204-a  to
read as follows:
  S  3204-A. INSTRUCTION REQUIRED IN NON-PUBLIC SCHOOLS. 1. ALL STUDENTS
ATTENDING A  NON-PUBLIC  SCHOOL  SHALL  BE  GIVEN  INSTRUCTION  THAT  IS
SUBSTANTIALLY EQUIVALENT TO THE INSTRUCTION THAT IS GIVEN TO STUDENTS OF
SIMILAR  AGE  AND  ATTAINMENT  IN  THE  DISTRICT  IN WHICH THE SCHOOL IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13236-01-5

S. 6291                             2

LOCATED. A NON-PUBLIC SCHOOL IS NOT REQUIRED TO USE  THE  CURRICULUM  OF
THE  SCHOOL DISTRICT IN WHICH THEY ARE LOCATED BUT MUST PROVIDE STUDENTS
WITH INSTRUCTION THAT IS SIMILAR IN RIGOR, ALLOTTED TIME, AND SUBJECT.
  2. IF THERE IS AN ALLEGATION THAT A NON-PUBLIC SCHOOL'S INSTRUCTION IS
NOT  SUBSTANTIALLY  EQUIVALENT  TO  THE INSTRUCTION OF THE PUBLIC SCHOOL
DISTRICT, A WRITTEN COMPLAINT MAY BE FILED WITH THE  COMMISSIONER  BY  A
CURRENT  OR  FORMER  STUDENT,  PARENT  OF  A  CURRENT OR FORMER STUDENT,
CURRENT OR FORMER TEACHER, ADMINISTRATOR OR  EMPLOYEE  OF  A  NON-PUBLIC
SCHOOL  OR A RESIDENT OF THE SCHOOL DISTRICT THAT SUCH NON-PUBLIC SCHOOL
IS LOCATED. THE COMPLAINT MUST INCLUDE THE COMPLAINANT'S NAME,  ADDRESS,
NON-PUBLIC SCHOOL NAME, NON-PUBLIC SCHOOL'S ADDRESS, RELATIONSHIP TO THE
NON-PUBLIC  SCHOOL,  DESCRIPTION  OF  THE NON-PUBLIC SCHOOL'S FAILURE TO
PROVIDE APPROPRIATE EDUCATION, AND EVIDENCE OF THE  CURRICULUM,  CONTENT
OF  INSTRUCTION  OR  ANY  OTHER  DOCUMENTATION  OR PROOF THAT THE SCHOOL
FAILED TO PROVIDE SUBSTANTIALLY EQUIVALENT INSTRUCTION.
  3. UPON RECEIPT OF A COMPLAINT PURSUANT TO THIS SECTION,  THE  COMMIS-
SIONER  SHALL  SUBSTANTIATE  SUCH COMPLAINT TO DETERMINE WHETHER A VALID
CLAIM EXISTS. THE COMMISSIONER SHALL NOTIFY THE DISTRICT  SUPERINTENDENT
AND  NON-PUBLIC SCHOOL ADMINISTRATOR, AND REQUEST DOCUMENTATION PERTAIN-
ING  TO  THE  SCHOOL'S  INSTRUCTION,  INCLUDING  BUT  NOT  LIMITED   TO,
DESCRIPTION OF CURRICULUM, CLASS INSTRUCTION MATERIALS, TESTING PROGRAM,
AND  SCHEDULE  OF  CLASSES.  THE  NON-PUBLIC  SCHOOL  ADMINISTRATOR MUST
RESPOND TO THE REQUEST FOR DOCUMENTATION IN A TIME PERIOD  SPECIFIED  BY
THE  COMMISSIONER.  IN  THE  COURSE OF THE INVESTIGATION, THE DEPARTMENT
MAY, DURING ANY REASONABLE HOUR, CONDUCT UNANNOUNCED  SCHOOL  VISITS  AT
THE  NON-PUBLIC  SCHOOL  TO  OBSERVE  INSTRUCTION. THE VISITATIONS SHALL
INCLUDE OBSERVATION OF CLASSROOMS, DISCUSSIONS  WITH  SCHOOL  STAFF  AND
STUDENTS,  AND  REVIEW  OF  CURRICULUM  DOCUMENTS. THE NON-PUBLIC SCHOOL
AUTHORITIES SHALL NOT REFUSE ACCESS TO THE DEPARTMENT FOR THE PURPOSE OF
A VISITATION PURSUANT TO THIS SECTION.
  4. THE COMMISSIONER  MAY  CONSULT  WITH  THE  DISTRICT  SUPERINTENDENT
DURING  THE  INVESTIGATION  AND  MAY REQUEST DOCUMENTS NEEDED AS PART OF
SUCH INVESTIGATION.
  5. FOLLOWING AN INVESTIGATION, THE COMMISSIONER SHALL ISSUE  A  REPORT
ON THEIR FINDINGS OF WHETHER THE NON-PUBLIC SCHOOL IS PROVIDING INSTRUC-
TION THAT IS SUBSTANTIALLY EQUIVALENT TO THE SCHOOL DISTRICT IN WHICH IT
IS  LOCATED. THE REPORT SHALL INCLUDE ALL DOCUMENTATION SUBMITTED BY THE
NON-PUBLIC SCHOOL AND IF SCHOOL VISITATIONS WERE MADE, ALL  OBSERVATIONS
AND NOTES FROM SUCH VISITS.
  6.  IF THE COMMISSIONER DETERMINES THAT A NON-PUBLIC SCHOOL HAS FAILED
TO PROVIDE SUBSTANTIALLY EQUIVALENT INSTRUCTION  TO  THE  PUBLIC  SCHOOL
PURSUANT TO THIS SECTION, THE COMMISSIONER SHALL TAKE ANY OF THE FOLLOW-
ING ACTIONS, EITHER INDIVIDUALLY OR IN COMBINATION:
  (A)  THE  COMMISSIONER MAY ISSUE AN ORDER THAT PROVIDES THE NON-PUBLIC
SCHOOL WITH A CORRECTIVE ACTION PLAN. THE CORRECTIVE ACTION  PLAN  SHALL
COMPEL  THE  NON-PUBLIC  SCHOOL  TO TAKE IMMEDIATE STEPS TO IMPLEMENT AN
APPROPRIATE CURRICULUM THAT PROVIDES STUDENTS WITH SUBSTANTIALLY  EQUIV-
ALENT INSTRUCTION PURSUANT TO THIS SECTION.
  (B)  THE  COMMISSIONER MAY PLACE A TEMPORARY EDUCATION OBSERVER AT THE
NON-PUBLIC SCHOOL TO ENSURE THAT APPROPRIATE INSTRUCTION IS PROVIDED  TO
STUDENTS.
  (C) THE COMMISSIONER MAY, IF APPLICABLE, PLACE THE NON-PUBLIC SCHOOL'S
REGISTRATION  ON PROBATION UNTIL THE NON-PUBLIC SCHOOL DEMONSTRATES THAT
THEIR INSTRUCTION AND CURRICULUM  IS  SUBSTANTIALLY  EQUIVALENT  TO  THE
SCHOOL DISTRICT WHICH THEY ARE LOCATED IN.

S. 6291                             3

  (D)  THE  COMMISSIONER  MAY  WITHHOLD  ANY  APPORTIONMENT  OR GRANT OF
MANDATED SERVICES AID UNTIL ANY ACTIONS OR ORDERS ARE SATISFIED.
  (E)  THE  COMMISSIONER  MAY PERMANENTLY REVOKE THE NON-PUBLIC SCHOOL'S
REGISTRATION OR IF NOT REGISTERED, PROHIBIT THE SCHOOL FROM OPERATING.
  S 3. This act shall take effect immediately.