S T A T E   O F   N E W   Y O R K
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                                   8407
 
                             I N  S E N A T E
 
                               May 22, 2020
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  enacting  the  Educa-
   tional Rights Transparency for New York Families Act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Educational Rights Transparency for New York Families Act".
   §  2.  The education law is amended by adding a new article 67 to read
 as follows:
                                ARTICLE 67
         EDUCATIONAL RIGHTS TRANSPARENCY FOR NEW YORK FAMILIES ACT
 
 SECTION 3350. SHORT TITLE.
         3351. STANDARDS FOR RESOURCE RELATED EDUCATIONAL RIGHTS.
         3352. REPORTING BY SCHOOL EMPLOYEES AND SCHOOL BOARDS.
         3353. EDUCATIONAL RIGHTS PUBLICATION FOR PARENTS AND STUDENTS.
   § 3350. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
 THE "EDUCATIONAL RIGHTS TRANSPARENCY FOR NEW YORK FAMILIES ACT".
   § 3351. STANDARDS FOR RESOURCE RELATED EDUCATIONAL RIGHTS. THE COMMIS-
 SIONER  SHALL  PROMULGATE  RULES  AND  REGULATIONS REGARDING A STUDENT'S
 RESOURCE RELATED EDUCATIONAL RIGHTS, INCLUDING BUT NOT LIMITED TO TARGET
 GOALS AND DEFINITIONS FOR:
   (A) SUFFICIENT NUMBERS OF QUALIFIED TEACHERS,  PRINCIPALS,  AND  OTHER
 PERSONNEL;
   (B) SUITABLE AND UP-TO-DATE CURRICULA;
   (C)  SUPPORT FOR STUDENTS WHO ARE NOT MEETING, OR AT RISK OF NOT MEET-
 ING, ANY STATE LEARNING STANDARDS IN A CORE ACADEMIC SUBJECT,  INCLUDING
 ENGLISH LANGUAGE ARTS, MATH, SCIENCE AND SOCIAL STUDIES;
   (D) ADEQUATE RESOURCES FOR STUDENTS WITH DISABILITIES AND ENGLISH-LAN-
 GUAGE LEARNERS;
   (E) APPROPRIATE CLASS SIZES;
   (F)  SUFFICIENT AND UP-TO-DATE BOOKS, SUPPLIES, LIBRARIES, EDUCATIONAL
 TECHNOLOGY, AND LABORATORIES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10149-01-9

 S. 8407                             2
 
   (G) A SAFE AND ORDERLY ENVIRONMENT; AND
   (H) ADEQUATE AND ACCESSIBLE SCHOOL BUILDINGS.
   § 3352. REPORTING BY SCHOOL EMPLOYEES AND SCHOOL BOARDS. 1.  BEGINNING
 IN  THE  TWO  THOUSAND  TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, THE
 BOARD OF EDUCATION OR TRUSTEES, AS DEFINED IN SECTION TWO OF THIS  CHAP-
 TER,  OF EVERY SCHOOL DISTRICT WITHIN THE STATE, HOWEVER CREATED AND THE
 CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY  OF  NEW  YORK  SHALL
 ESTABLISH  A  PROGRAM  ENGAGING TEACHERS, SUPPORT STAFF, PARENTS AND, AT
 THE HIGH SCHOOL LEVEL, STUDENT LEADERS IN AN ANNUAL SCHOOL  LEVEL  SELF-
 ASSESSMENT  OF  EACH  SCHOOL'S  ABILITY TO FOLLOW AND MEET THE RULES AND
 REGULATIONS PROMULGATED PURSUANT TO SECTION THIRTY-THREE HUNDRED  FIFTY-
 ONE  OF  THIS  ARTICLE. THE DEPARTMENT SHALL DEVELOP AND ISSUE, POLICIES
 AND PROCEDURES FOR SUCH ANNUAL ASSESSMENT.
   2. (A) THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT,  OR
 THE  CHANCELLOR  OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, AS
 APPLICABLE, SHALL EXAMINE ANY DATA AND MAKE INSPECTIONS TO VALIDATE  THE
 FINDINGS  OF THE ANNUAL SCHOOL LEVEL ASSESSMENTS MADE PURSUANT TO SUBDI-
 VISION ONE OF THIS SECTION. SUCH EXAMINATION SHALL INCLUDE AN  AUDIT  OF
 THE  ADEQUACY  OF  A  DISTRICT'S  OWN RESOURCES AND CAPACITY TO MEET THE
 NEEDS OF EACH SCHOOL LOCATED IN SUCH DISTRICT  IN  REGARD  TO  COMPLYING
 WITH  THE  RULES AND REGULATIONS PROMULGATED PURSUANT TO SECTION THIRTY-
 THREE HUNDRED FIFTY-ONE OF THIS ARTICLE.
   (B) THE FINDINGS OF SUCH EXAMINATION SHALL BE COMPILED INTO  A  REPORT
 WHICH SHALL BE FILED WITH THE DEPARTMENT AND POSTED CONSPICUOUSLY ON THE
 WEBSITE  FOR  THE  DEPARTMENT  AND EACH SCHOOL DISTRICT. IN THE EVENT AN
 EXAMINATION FINDS RESOURCE GAPS AT THE SCHOOL OR  DISTRICT  LEVEL,  SUCH
 REPORT  SHALL  ADDITIONALLY  INCLUDE  PROPOSED REMEDIES BOTH THAT CAN BE
 CARRIED OUT WITH THE DISTRICT'S AVAILABLE RESOURCES AND  AN  EXPLANATION
 OF RESOURCE GAPS THAT MAY BE REMEDIED THROUGH ADDITIONAL STATE AID.
   3. (A) A SCHOOL EMPLOYEE SHALL, NO MORE THAN SIXTY DAYS AFTER LEARNING
 OF  A  SCHOOL'S NONCOMPLIANCE WITH THE RULES AND REGULATIONS PROMULGATED
 PURSUANT TO SECTION THIRTY-THREE  HUNDRED  FIFTY-ONE  OF  THIS  ARTICLE,
 EITHER THROUGH THE ANNUAL ASSESSMENT PROCESS PURSUANT TO SUBDIVISION ONE
 OF  THIS  SECTION  OR  AT ANY OTHER TIME, DOCUMENT SUCH NONCOMPLIANCE IN
 WRITING AND FILE A REPORT WITH THE BOARD OF  EDUCATION  OR  TRUSTEES  OF
 SUCH  SCHOOL  DISTRICT  OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF
 THE CITY OF NEW YORK, AS APPLICABLE.
   (B) WITHIN THIRTY DAYS OF RECEIVING A REPORT OF NONCOMPLIANCE PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION, THE BOARD OF EDUCATION OR TRUSTEES
 OF SUCH SCHOOL DISTRICT OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF
 THE CITY OF NEW YORK, AS APPLICABLE, SHALL ENSURE THAT:
   (I) WRITTEN NOTIFICATION IS ISSUED TO THE PARENT OR  GUARDIAN  OF  ANY
 STUDENT  AFFECTED BY SUCH NONCOMPLIANCE. SUCH WRITTEN NOTIFICATION SHALL
 BE PROVIDED IN ENGLISH AND TRANSLATED  AS  NECESSARY  INTO  THE  PRIMARY
 LANGUAGE OF SUCH PARENT OR GUARDIAN; AND
   (II) THE BOARD OF EDUCATION OR TRUSTEES OF SUCH SCHOOL DISTRICT OR THE
 CHANCELLOR  OF  THE  CITY  SCHOOL  DISTRICT  OF THE CITY OF NEW YORK, AS
 APPLICABLE, SUBMITS THE FINDINGS OF NONCOMPLIANCE  TO  THE  DEPARTMENT'S
 OFFICE OF ACCOUNTABILITY.
   4.  THE  DEPARTMENT SHALL REVIEW, STORE AND ORGANIZE ALL NONCOMPLIANCE
 REPORTS SUBMITTED PURSUANT TO SUBDIVISIONS TWO AND THREE OF THIS SECTION
 IN A PUBLICLY ACCESSIBLE DATABASE.
   5. THE DEPARTMENT'S OFFICE OF ACCOUNTABILITY SHALL DEVELOP  AND  ISSUE
 RECOMMENDATIONS TO A BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT
 OR  THE  CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK,
 AS APPLICABLE, OF A  NONCOMPLIANT  SCHOOL  TO  BRING  SUCH  SCHOOL  INTO

 S. 8407                             3

 COMPLIANCE  WITH  THE  RULES  AND  REGULATIONS  PROMULGATED  PURSUANT TO
 SECTION THIRTY-THREE HUNDRED FIFTY-ONE OF THIS ARTICLE.
   §  3353.  EDUCATIONAL  RIGHTS PUBLICATION FOR PARENTS AND STUDENTS. 1.
 THE DEPARTMENT SHALL PROMULGATE A PARENT AND STUDENT  FRIENDLY  PUBLICA-
 TION DETAILING THE RESOURCE RELATED EDUCATIONAL RIGHTS OF STUDENTS WITH-
 IN  THE  STATE.  SUCH  PUBLICATION SHALL INCLUDE, BUT IS NOT LIMITED TO,
 INFORMATION REGARDING A STUDENT'S RIGHT TO:
   (A) SUFFICIENT NUMBERS OF QUALIFIED TEACHERS,  PRINCIPALS,  AND  OTHER
 PERSONNEL;
   (B) SUITABLE AND UP-TO-DATE CURRICULA;
   (C)  SUPPORT FOR STUDENTS WHO ARE NOT MEETING, OR AT RISK OF NOT MEET-
 ING, ANY STATE LEARNING STANDARDS IN A CORE ACADEMIC SUBJECT,  INCLUDING
 ENGLISH LANGUAGE ARTS, MATH, SCIENCE AND SOCIAL STUDIES;
   (D) ADEQUATE RESOURCES FOR STUDENTS WITH DISABILITIES AND ENGLISH-LAN-
 GUAGE LEARNERS;
   (E) APPROPRIATE CLASS SIZES;
   (F)  SUFFICIENT AND UP-TO-DATE BOOKS, SUPPLIES, LIBRARIES, EDUCATIONAL
 TECHNOLOGY, AND LABORATORIES;
   (G) A SAFE AND ORDERLY ENVIRONMENT; AND
   (H) ADEQUATE AND ACCESSIBLE SCHOOL BUILDINGS.
   SUCH PUBLICATION SHALL ADDITIONALLY INCLUDE  A  PHONE  NUMBER  AND  AN
 EMAIL  ADDRESS TO THE APPROPRIATE DEPARTMENT OFFICE TO ACCOMMODATE QUES-
 TIONS OR COMPLAINTS FROM PARENTS  OR  GUARDIANS  OF  STUDENTS  REGARDING
 RESOURCE RELATED EDUCATIONAL RIGHTS.
   2.  THE  DEPARTMENT SHALL CONSPICUOUSLY POST AND MAINTAIN THE PUBLICA-
 TION REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION ON THE WEBSITE
 OF THE DEPARTMENT AND REQUIRE THAT  EVERY  SCHOOL  DISTRICT  WITHIN  THE
 STATE  DO  THE SAME ON THEIR RESPECTIVE SITES. THE DEPARTMENT SHALL ALSO
 REQUIRE EVERY SCHOOL DISTRICT WITHIN THE STATE TO PROVIDE  A  PARENT  OR
 GUARDIAN OF A STUDENT IN SUCH DISTRICT WITH A HARD COPY OF SUCH PUBLICA-
 TION  UPON  THE INITIAL RELEASE OF THE PUBLICATION, AT THE START OF EACH
 ACADEMIC YEAR, TO A PARENT OR GUARDIAN OF A STUDENT WHEN SUCH STUDENT IS
 ENROLLED IN A NEW SCHOOL AND TO A PARENT OR GUARDIAN UPON THE REQUEST OF
 SUCH PARENT OR GUARDIAN. SUCH PUBLICATION SHALL  BE  MADE  AVAILABLE  IN
 ENGLISH  AND THE NINE MOST COMMON LANGUAGES OTHER THAN ENGLISH SPOKEN BY
 PARENTS OR GUARDIANS OF NEW YORK STATE SCHOOL CHILDREN AS DETERMINED  BY
 THE DEPARTMENT.
   §  3.  This act shall take effect July 1, 2020. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.