S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1366
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced by Sens. CARLUCCI, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 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)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01795-01-7

 S. 1366                             2
 
 WHICH SCHOOL DISTRICTS HAVE FAILED TO SUBMIT THE STATE STANDARDS REPORT;
 (II) WHICH SCHOOL DISTRICTS HAVE SUBSTANTIALLY EQUIVALENT INSTRUCTION IN
 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,

 S. 1366                             3
 
 INCLUDING BUT NOT LIMITED TO BOCES IN THE COMPLETION OF THE STATE STAND-
 ARDS REPORT.
   (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.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.