The New York State Senate

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

                                  6589

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 17, 2019
                               ___________

Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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.

                                                           LBD06308-03-9

S. 6589                             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; (VIII) THE FUNDS ALLOCATED TO EACH NON-PUBLIC SCHOOL; AND (IX) 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.  PRINCI-
PALS AND ADMINISTRATORS  OF  NON-PUBLIC  SCHOOLS  THAT  WERE  CLOSED  OR
DEFUNDED FOR NOT PROVIDING SUBSTANTIALLY EQUIVALENT INSTRUCTION SHALL BE
PROHIBITED  FROM  CREATING, OPENING OR OPERATING A SUBSEQUENT NON-PUBLIC
SCHOOL.   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  IDENTIFIED AS PROVIDING SUBSTANTIALLY EQUIVALENT INSTRUCTION AS OF
THE MOST RECENTLY SUBMITTED STATE STANDARDS REPORT, WITHIN  THIRTY  DAYS
OF NOTIFICATION OF THE COMMISSIONER'S DETERMINATION. ALL TRANSPORTATION,
TEXTBOOKS,  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.  NON-PUBLIC SCHOOL  ADMINISTRATORS  SHALL
ENSURE  THAT  EACH  TEACHER  IN A NON-PUBLIC SCHOOL POSSESSES SUFFICIENT
KNOWLEDGE IN THE SUBJECT MATTERS THAT ARE TAUGHT BY SUCH TEACHER.

S. 6589                             3

  (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,
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)  AT LEAST TWICE PER YEAR, THE COMMISSIONER SHALL INITIATE AN UNAN-
NOUNCED INVESTIGATION INTO THE SUBSTANTIAL EQUIVALENCY OF INSTRUCTION AT
EVERY NON-PUBLIC SCHOOL IN THE STATE 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 SHALL 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.