The New York State Senate

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

                                  11321

                          I N  A S S E M B L Y

                           September 19, 2018
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Richardson)
  -- read once and referred to the Committee on Education

AN ACT to amend  the  education  law,  in  relation  to  establishing  a
  culturally  responsive  education curriculum and standards; and making
  an appropriation therefor

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

  Section  1. The education law is amended by adding a new section 804-e
to read as follows:
  § 804-E. CULTURALLY RESPONSIVE EDUCATION CURRICULUM AND STANDARDS.  1.
CULTURALLY  RESPONSIVE  EDUCATION RULES AND REGULATIONS. (A) THE COMMIS-
SIONER SHALL PROMULGATE RULES AND REGULATIONS FOR THE IMPLEMENTATION  OF
CULTURALLY  RESPONSIVE  EDUCATION  CURRICULUM  FOR ALL SCHOOLS INCLUDING
ELEMENTARY SCHOOLS, JUNIOR HIGH SCHOOLS  AND  SENIOR  HIGH  SCHOOLS.  IN
FORMULATING  SUCH  REGULATIONS,  THE  COMMISSIONER  SHALL  SEEK INPUT OF
PARENTS, STUDENTS AND OTHER STAKEHOLDERS.
  (B) IN FORMULATING THE RULES AND REGULATIONS REQUIRED BY PARAGRAPH (A)
OF THIS SUBDIVISION, THE COMMISSIONER SHALL RECOGNIZE  THAT:  MORE  THAN
HALF  OF  NEW YORK STATE'S PUBLIC SCHOOL STUDENTS ARE STUDENTS OF COLOR;
EDUCATION THAT MAKES A CULTURAL CONNECTION WITH STUDENTS HAS BEEN  SHOWN
TO  IMPROVE  EDUCATIONAL  OUTCOMES; CULTURAL RESPONSIVENESS ADVANCES AND
ACCELERATES  STUDENT  LEARNING  BY  HONORING  AND  SUPPORTING  STUDENTS'
CULTURAL,  LINGUISTIC  AND  RACIAL EXPERIENCES; IN ORDER FOR STUDENTS TO
GAIN THE FULL BENEFITS OF THE DIVERSITY OF NEW  YORK  STATE,  CULTURALLY
RESPONSIVE  EDUCATION  MUST BE A PART OF THE DAILY SCHOOLING EXPERIENCES
OF ALL STUDENTS; AND CULTURAL RESPONSIVENESS WILL PREPARE  EDUCATORS  TO
RELATE ASPECTS OF STUDENTS' DAILY LIVES TO THE CURRICULUM.
  (C)  ALL  SCHOOL  DISTRICTS, CHARTER SCHOOLS AND PRIVATE SCHOOLS SHALL
INTEGRATE CULTURALLY RESPONSIVE EDUCATION THROUGHOUT  THE  EDUCATION  OF
ALL  STUDENTS  AT ALL GRADE LEVELS IN ACCORDANCE WITH THE COMMISSIONER'S
RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION.
  (D) THE COMMISSIONER'S RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE
LIMITED TO, CURRICULUM  STANDARDS  FOR:  AFRICAN  AMERICAN  HISTORY  AND
ACHIEVEMENT,  LATINO  AMERICAN  HISTORY AND ACHIEVEMENT, NATIVE AMERICAN

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

                      [ ] is old law to be omitted.
                                                           LBD16410-01-8

A. 11321                            2

HISTORY AND ACHIEVEMENT, ASIAN AMERICAN HISTORY AND ACHIEVEMENT, AND THE
ROLE OF RACIAL OPPRESSION AND INEQUITY BASED IN  THE  FORMATION,  GROWTH
AND  EXISTENCE  OF  OUR  NATION  AND  STATE. THE COMMISSIONER SHALL ALSO
DEVELOP MODEL CURRICULA FOR USE BY SCHOOLS.
  2.  GRADUATION  STANDARDS. THE COMMISSIONER SHALL PROMULGATE RULES AND
REGULATIONS REQUIRING ALL HIGH SCHOOL STUDENTS TO PASS  A  COURSE  IN  A
SUBJECT  AREA  THAT  MEETS THE CULTURALLY RESPONSIVE EDUCATION STANDARDS
ESTABLISHED BY THIS SECTION AS A PREREQUISITE FOR GRADUATION.
  3. TEACHER CERTIFICATION. THE COMMISSIONER SHALL PROMULGATE RULES  AND
REGULATIONS  TO  INCLUDE  COMPLETION  OF  AT LEAST ONE COLLEGE COURSE IN
EFFECTIVE TEACHING FOR STUDENTS OF DIVERSE  CULTURAL  BACKGROUNDS  AS  A
PREREQUISITE FOR TEACHER CERTIFICATION.
  4.  PROFESSIONAL  DEVELOPMENT. THE COMMISSIONER SHALL PROMULGATE RULES
AND REGULATIONS REQUIRING CULTURAL COMPETENCY AND CULTURALLY  RESPONSIVE
EDUCATION  TO  BE INCORPORATED INTO THE ONGOING PROFESSIONAL DEVELOPMENT
STANDARDS FOR ALL PRE-KINDERGARTEN THROUGH GRADE TWELVE EDUCATORS.
  5. CULTURALLY RESPONSIVE SCHOOL CLIMATE ASSESSMENT.  THE  COMMISSIONER
SHALL  CREATE  A  CULTURALLY  RESPONSIVE SCHOOL CLIMATE ASSESSMENT WHICH
SCHOOL DISTRICTS MAY UTILIZE IN ASSESSING THE CULTURAL RESPONSIVENESS OF
THE EDUCATIONAL CLIMATE IN THEIR SCHOOLS AND DISTRICT.  THIS  ASSESSMENT
SHALL BE CONSISTENT WITH THE PURPOSES OF THIS SECTION.
  6.  PILOT  PROGRAM.  WITHIN AMOUNTS APPROPRIATED THEREFOR, THE COMMIS-
SIONER SHALL ESTABLISH A PILOT PROGRAM IN CULTURALLY  RESPONSIVE  EDUCA-
TION  AND  SHALL  MAKE  FUNDS  AVAILABLE  TO  SCHOOL DISTRICTS THROUGH A
REQUEST FOR PROPOSAL. THE AWARD OF SUCH FUNDS SHALL BE BASED ON CRITERIA
TO BE DEVELOPED BY  THE  COMMISSIONER  AND  APPROVED  BY  THE  BOARD  OF
REGENTS.  THE  COMMISSIONER  SHALL PRIORITIZE DISTRICTS WITH THE HIGHEST
NEEDS AS MEASURED IN TERMS OF STUDENT POVERTY AND ENGLISH LANGUAGE LEAR-
NERS AND OTHER DEMOGRAPHIC OR COMMUNITY FACTORS WHICH  THE  COMMISSIONER
MAY  IDENTIFY.    THE  CRITERIA  FOR  AN AWARD SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE QUALITY OF THE PROPOSAL AND  ITS  CONSISTENCY  WITH  THE
PURPOSES  OF  THIS SECTION, THE ABILITY OF THE SCHOOL DISTRICT TO DEMON-
STRATE PARENT, FAMILY, STUDENT AND COMMUNITY ENGAGEMENT IN THE  DEVELOP-
MENT  AND  IMPLEMENTATION  OF  ITS  PROPOSAL, THE CAPACITY OF THE SCHOOL
DISTRICT TO DRAW UPON THE DIRECT EXPERIENCES OF ITS  STUDENTS,  FAMILIES
AND  COMMUNITIES IN IMPLEMENTING THE PURPOSES OF THIS SECTION, INCLUDING
BUT NOT LIMITED TO THE ABILITY TO DRAW UPON THESE EXPERIENCES IN  IMPLE-
MENTING  PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION AND THE UTILI-
ZATION OF THE CULTURALLY RESPONSIVE SCHOOL CLIMATE ASSESSMENT  DEVELOPED
BY  THE  COMMISSIONER  OR  OF  A COMPARABLE ASSESSMENT IN DEVELOPING ITS
PROPOSAL.
  § 2. The sum of twenty-five million dollars ($25,000,000), or so  much
thereof as may be necessary, is hereby appropriated to the department of
education out of any moneys in the state treasury in the general fund to
the  credit  of the state purposes fund, not otherwise appropriated, and
made immediately available, for the sole purpose  of  providing  funding
for  the  pilot  program  in culturally responsive education established
pursuant to subdivision 6 of section 804-e  of  the  education  law,  as
added  by  section  one of this act. Such moneys shall be payable on the
audit and warrant of the comptroller on vouchers certified  or  approved
by the commissioner of education in the manner prescribed by law.
  §  3.  This  act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately the addition, amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized to be made  and  completed
on or before such effective date.