S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10987
 
                           I N  A S S E M B L Y
 
                               May 29, 2018
                                ___________
 
 Introduced by M. of A. MOSLEY -- read once and referred to the Committee
   on Education
 
 AN  ACT  to  amend the education law, in relation to enacting the Educa-
   tional Rights Transparency for New York Families Act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "Educational Rights Transparency for New York Families Act".
   § 2. The education law is amended by adding a new article 67  to  read
 as follows:
                                ARTICLE 67
         EDUCATIONAL RIGHTS TRANSPARENCY FOR NEW YORK FAMILIES ACT
 
 SECTION 3350. SHORT TITLE.
         3351. STANDARDS FOR RESOURCE RELATED EDUCATIONAL RIGHTS.
         3352. REPORTING BY SCHOOL EMPLOYEES AND SCHOOL BOARDS.
         3353. EDUCATIONAL RIGHTS PUBLICATION FOR PARENTS AND STUDENTS.
   §  3350.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "EDUCATIONAL RIGHTS TRANSPARENCY FOR NEW YORK FAMILIES ACT".
   § 3351. STANDARDS FOR RESOURCE RELATED EDUCATIONAL RIGHTS. THE COMMIS-
 SIONER SHALL PROMULGATE RULES  AND  REGULATIONS  REGARDING  A  STUDENT'S
 RESOURCE RELATED EDUCATIONAL RIGHTS, INCLUDING BUT NOT LIMITED TO TARGET
 GOALS AND DEFINITIONS FOR:
   (A)  SUFFICIENT  NUMBERS  OF QUALIFIED TEACHERS, PRINCIPALS, AND OTHER
 PERSONNEL;
   (B) SUITABLE AND UP-TO-DATE CURRICULA;
   (C) SUPPORT FOR STUDENTS WHO ARE NOT MEETING, OR AT RISK OF NOT  MEET-
 ING,  ANY STATE LEARNING STANDARDS IN A CORE ACADEMIC SUBJECT, INCLUDING
 ENGLISH LANGUAGE ARTS, MATH, SCIENCE AND SOCIAL STUDIES;
   (D) ADEQUATE RESOURCES FOR STUDENTS WITH DISABILITIES AND ENGLISH-LAN-
 GUAGE LEARNERS;
   (E) APPROPRIATE CLASS SIZES;
   (F) SUFFICIENT AND UP-TO-DATE BOOKS, SUPPLIES, LIBRARIES,  EDUCATIONAL
 TECHNOLOGY, AND LABORATORIES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16112-01-8

 A. 10987                            2
 
   (G) A SAFE AND ORDERLY ENVIRONMENT; AND
   (H) ADEQUATE AND ACCESSIBLE SCHOOL BUILDINGS.
   § 3352. REPORTING BY SCHOOL EMPLOYEES AND SCHOOL BOARDS. 1.  BEGINNING
 IN THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, THE BOARD
 OF  EDUCATION OR TRUSTEES, AS DEFINED IN SECTION TWO OF THIS CHAPTER, OF
 EVERY SCHOOL DISTRICT WITHIN THE STATE, HOWEVER CREATED AND THE CHANCEL-
 LOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK SHALL  ESTABLISH
 A  PROGRAM  ENGAGING  TEACHERS,  SUPPORT STAFF, PARENTS AND, AT THE HIGH
 SCHOOL LEVEL, STUDENT LEADERS IN AN ANNUAL SCHOOL LEVEL  SELF-ASSESSMENT
 OF  EACH  SCHOOL'S  ABILITY TO FOLLOW AND MEET THE RULES AND REGULATIONS
 PROMULGATED PURSUANT TO SECTION THIRTY-THREE HUNDRED FIFTY-ONE  OF  THIS
 ARTICLE. THE DEPARTMENT SHALL DEVELOP AND ISSUE, POLICIES AND PROCEDURES
 FOR SUCH ANNUAL ASSESSMENT.
   2.  (A) THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT, OR
 THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW  YORK,  AS
 APPLICABLE,  SHALL EXAMINE ANY DATA AND MAKE INSPECTIONS TO VALIDATE THE
 FINDINGS OF THE ANNUAL SCHOOL LEVEL ASSESSMENTS MADE PURSUANT TO  SUBDI-
 VISION  ONE  OF THIS SECTION. SUCH EXAMINATION SHALL INCLUDE AN AUDIT OF
 THE ADEQUACY OF A DISTRICT'S OWN RESOURCES  AND  CAPACITY  TO  MEET  THE
 NEEDS  OF  EACH  SCHOOL  LOCATED IN SUCH DISTRICT IN REGARD TO COMPLYING
 WITH THE RULES AND REGULATIONS PROMULGATED PURSUANT TO  SECTION  THIRTY-
 THREE HUNDRED FIFTY-ONE OF THIS ARTICLE.
   (B)  THE  FINDINGS OF SUCH EXAMINATION SHALL BE COMPILED INTO A REPORT
 WHICH SHALL BE FILED WITH THE DEPARTMENT AND POSTED CONSPICUOUSLY ON THE
 WEBSITE FOR THE DEPARTMENT AND EACH SCHOOL DISTRICT.  IN  THE  EVENT  AN
 EXAMINATION  FINDS  RESOURCE  GAPS AT THE SCHOOL OR DISTRICT LEVEL, SUCH
 REPORT SHALL ADDITIONALLY INCLUDE PROPOSED REMEDIES  BOTH  THAT  CAN  BE
 CARRIED  OUT  WITH THE DISTRICT'S AVAILABLE RESOURCES AND AN EXPLANATION
 OF RESOURCE GAPS THAT MAY BE REMEDIED THROUGH ADDITIONAL STATE AID.
   3. (A) A SCHOOL EMPLOYEE SHALL, NO MORE THAN SIXTY DAYS AFTER LEARNING
 OF A SCHOOL'S NONCOMPLIANCE WITH THE RULES AND  REGULATIONS  PROMULGATED
 PURSUANT  TO  SECTION  THIRTY-THREE  HUNDRED  FIFTY-ONE OF THIS ARTICLE,
 EITHER THROUGH THE ANNUAL ASSESSMENT PROCESS PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION OR AT ANY OTHER TIME,  DOCUMENT  SUCH  NONCOMPLIANCE  IN
 WRITING  AND  FILE  A  REPORT WITH THE BOARD OF EDUCATION OR TRUSTEES OF
 SUCH SCHOOL DISTRICT OR THE CHANCELLOR OF THE CITY  SCHOOL  DISTRICT  OF
 THE CITY OF NEW YORK, AS APPLICABLE.
   (B) WITHIN THIRTY DAYS OF RECEIVING A REPORT OF NONCOMPLIANCE PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION, THE BOARD OF EDUCATION OR TRUSTEES
 OF SUCH SCHOOL DISTRICT OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF
 THE CITY OF NEW YORK, AS APPLICABLE, SHALL ENSURE THAT:
   (I)  WRITTEN  NOTIFICATION  IS ISSUED TO THE PARENT OR GUARDIAN OF ANY
 STUDENT AFFECTED BY SUCH NONCOMPLIANCE. SUCH WRITTEN NOTIFICATION  SHALL
 BE  PROVIDED  IN  ENGLISH  AND  TRANSLATED AS NECESSARY INTO THE PRIMARY
 LANGUAGE OF SUCH PARENT OR GUARDIAN; AND
   (II) THE BOARD OF EDUCATION OR TRUSTEES OF SUCH SCHOOL DISTRICT OR THE
 CHANCELLOR OF THE CITY SCHOOL DISTRICT OF  THE  CITY  OF  NEW  YORK,  AS
 APPLICABLE,  SUBMITS  THE  FINDINGS OF NONCOMPLIANCE TO THE DEPARTMENT'S
 OFFICE OF ACCOUNTABILITY.
   4. THE DEPARTMENT SHALL REVIEW, STORE AND ORGANIZE  ALL  NONCOMPLIANCE
 REPORTS SUBMITTED PURSUANT TO SUBDIVISIONS TWO AND THREE OF THIS SECTION
 IN A PUBLICLY ACCESSIBLE DATABASE.
   5.  THE  DEPARTMENT'S OFFICE OF ACCOUNTABILITY SHALL DEVELOP AND ISSUE
 RECOMMENDATIONS TO A BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT
 OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF  NEW  YORK,
 AS  APPLICABLE,  OF  A  NONCOMPLIANT  SCHOOL  TO  BRING SUCH SCHOOL INTO

 A. 10987                            3
 
 COMPLIANCE WITH  THE  RULES  AND  REGULATIONS  PROMULGATED  PURSUANT  TO
 SECTION THIRTY-THREE HUNDRED FIFTY-ONE OF THIS ARTICLE.
   §  3353.  EDUCATIONAL  RIGHTS PUBLICATION FOR PARENTS AND STUDENTS. 1.
 THE DEPARTMENT SHALL PROMULGATE A PARENT AND STUDENT  FRIENDLY  PUBLICA-
 TION DETAILING THE RESOURCE RELATED EDUCATIONAL RIGHTS OF STUDENTS WITH-
 IN  THE  STATE.  SUCH  PUBLICATION SHALL INCLUDE, BUT IS NOT LIMITED TO,
 INFORMATION REGARDING A STUDENT'S RIGHT TO:
   (A) SUFFICIENT NUMBERS OF QUALIFIED TEACHERS,  PRINCIPALS,  AND  OTHER
 PERSONNEL;
   (B) SUITABLE AND UP-TO-DATE CURRICULA;
   (C)  SUPPORT FOR STUDENTS WHO ARE NOT MEETING, OR AT RISK OF NOT MEET-
 ING, ANY STATE LEARNING STANDARDS IN A CORE ACADEMIC SUBJECT,  INCLUDING
 ENGLISH LANGUAGE ARTS, MATH, SCIENCE AND SOCIAL STUDIES;
   (D) ADEQUATE RESOURCES FOR STUDENTS WITH DISABILITIES AND ENGLISH-LAN-
 GUAGE LEARNERS;
   (E) APPROPRIATE CLASS SIZES;
   (F)  SUFFICIENT AND UP-TO-DATE BOOKS, SUPPLIES, LIBRARIES, EDUCATIONAL
 TECHNOLOGY, AND LABORATORIES;
   (G) A SAFE AND ORDERLY ENVIRONMENT; AND
   (H) ADEQUATE AND ACCESSIBLE SCHOOL BUILDINGS.
   SUCH PUBLICATION SHALL ADDITIONALLY INCLUDE  A  PHONE  NUMBER  AND  AN
 EMAIL  ADDRESS TO THE APPROPRIATE DEPARTMENT OFFICE TO ACCOMMODATE QUES-
 TIONS OR COMPLAINTS FROM PARENTS  OR  GUARDIANS  OF  STUDENTS  REGARDING
 RESOURCE RELATED EDUCATIONAL RIGHTS.
   2.  THE  DEPARTMENT SHALL CONSPICUOUSLY POST AND MAINTAIN THE PUBLICA-
 TION REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION ON THE WEBSITE
 OF THE DEPARTMENT AND REQUIRE THAT  EVERY  SCHOOL  DISTRICT  WITHIN  THE
 STATE  DO  THE SAME ON THEIR RESPECTIVE SITES. THE DEPARTMENT SHALL ALSO
 REQUIRE EVERY SCHOOL DISTRICT WITHIN THE STATE TO PROVIDE  A  PARENT  OR
 GUARDIAN OF A STUDENT IN SUCH DISTRICT WITH A HARD COPY OF SUCH PUBLICA-
 TION  UPON  THE INITIAL RELEASE OF THE PUBLICATION, AT THE START OF EACH
 ACADEMIC YEAR, TO A PARENT OR GUARDIAN OF A STUDENT WHEN SUCH STUDENT IS
 ENROLLED IN A NEW SCHOOL AND TO A PARENT OR GUARDIAN UPON THE REQUEST OF
 SUCH PARENT OR GUARDIAN. SUCH PUBLICATION SHALL  BE  MADE  AVAILABLE  IN
 ENGLISH  AND THE NINE MOST COMMON LANGUAGES OTHER THAN ENGLISH SPOKEN BY
 PARENTS OR GUARDIANS OF NEW YORK STATE SCHOOL CHILDREN AS DETERMINED  BY
 THE DEPARTMENT.
   §  3.  This act shall take effect July 1, 2019. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.