S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    142
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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. Paragraph (i) of subdivision  2  of  section  3204  of  the
 education  law, as amended by section 1 of part SSS of chapter 59 of the
 laws of 2018, is amended to read as follows:
   (i) 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 therefor 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 develop academically while  achieving  compe-
 tence  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.
   § 2. The education law is amended by adding a new  section  3204-a  to
 read as follows:
   §  3204-A. INSTRUCTION REQUIRED IN NON-PUBLIC SCHOOLS. 1. ALL STUDENTS
 ATTENDING A  NON-PUBLIC  SCHOOL  SHALL  BE  GIVEN  INSTRUCTION  THAT  IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05323-01-9

 S. 142                              2
 
 SUBSTANTIALLY EQUIVALENT TO THE INSTRUCTION THAT IS GIVEN TO STUDENTS OF
 SIMILAR  AGE  AND  ATTAINMENT  IN  THE  DISTRICT  IN WHICH THE SCHOOL IS
 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

 S. 142                              3
 
 THEIR  INSTRUCTION  AND  CURRICULUM  IS  SUBSTANTIALLY EQUIVALENT TO THE
 SCHOOL DISTRICT WHICH THEY ARE LOCATED IN.
   (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.
   § 3. This act shall take effect immediately.