The New York State Senate

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

    S. 2937--A                                            A. 3648--A

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 30, 2019
                               ___________

IN  SENATE  --  Introduced  by  Sens.  MYRIE,  BAILEY,  BIAGGI,  COMRIE,
  GOUNARDES, HOYLMAN, JACKSON, PARKER, PERSAUD, RAMOS, SALAZAR  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Finance -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN  ASSEMBLY  --  Introduced  by  M.  of A. RICHARDSON, DICKENS, ARROYO,
  RIVERA, PRETLOW,  COOK,  JEAN-PIERRE,  TITUS,  BICHOTTE,  SIMON,  KIM,
  REYES,  CRUZ,  CRESPO,  EPSTEIN,  ORTIZ, DE LA ROSA, FRONTUS, SOLAGES,
  LAVINE, FERNANDEZ, HUNTER, DARLING, PICHARDO, BLAKE, RODRIGUEZ, VANEL,
  RAMOS, PERRY, ROMEO, DAVILA, JACOBSON, BRONSON, TAYLOR, NIOU,  JOYNER,
  HYNDMAN,  JAFFEE  -- read once and referred to the Committee on Educa-
  tion -- committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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;

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

                                                           LBD04518-02-9

S. 2937--A                          2                         A. 3648--A

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
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 AND/OR RUBRIC. THE
COMMISSIONER SHALL CREATE A CULTURALLY RESPONSIVE SCHOOL CLIMATE ASSESS-
MENT AND/OR RUBRIC WHICH SCHOOL DISTRICTS MAY UTILIZE IN  ASSESSING  THE
CULTURAL  RESPONSIVENESS OF THE EDUCATIONAL CLIMATE IN THEIR SCHOOLS AND
DISTRICT. THIS ASSESSMENT AND/OR RUBRIC 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  AND/OR

S. 2937--A                          3                         A. 3648--A

RUBRIC  DEVELOPED  BY  THE  COMMISSIONER  OR  OF A COMPARABLE ASSESSMENT
AND/OR RUBRIC 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.