S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6343
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced  by M. of A. RA -- read once and referred to the Committee on
   Education
 
 AN ACT to amend the education law, in relation to requiring the  commis-
   sioner of education to make recommendations on whether certain schools
   should implement water safety instruction into the curriculum

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 59 to read as follows:
   59. A. THE COMMISSIONER SHALL MAKE RECOMMENDATIONS  TO  THE  BOARD  OF
 REGENTS  RELATING TO THE ADOPTION OF INSTRUCTION IN WATER SAFETY INCLUD-
 ING, BUT NOT LIMITED TO, OPEN WATER SAFETY AND RIPTIDE SAFETY IN PARTIC-
 IPATING SCHOOL DISTRICTS.
   B. PRIOR TO MAKING THE RECOMMENDATIONS TO THE BOARD  OF  REGENTS,  THE
 COMMISSIONER SHALL:
   (1)  SEEK  THE  RECOMMENDATIONS  OF  TEACHERS,  SCHOOL ADMINISTRATORS,
 COURSE EDUCATORS, AND OTHERS WITH EDUCATIONAL EXPERTISE IN THE  PROPOSED
 CURRICULUM;
   (2) SEEK COMMENT FROM PARENTS, STUDENTS AND OTHER INTERESTED PARTIES;
   (3)  CONSIDER  THE  AMOUNT OF INSTRUCTIONAL TIME SUCH CURRICULUM SHALL
 REQUIRE AND WHETHER SUCH TIME WOULD DETRACT FROM OTHER MANDATED  COURSES
 OF STUDY;
   (4)  CONSIDER  THE  FISCAL  IMPACT,  IF  ANY,  ON THE STATE AND SCHOOL
 DISTRICTS; AND
   (5) CONSIDER ANY ADDITIONAL FACTORS THE COMMISSIONER DEEMS RELEVANT.
   C. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE  DATE  OF
 THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE A RECOMMENDATION TO THE
 BOARD  OF  REGENTS  TO EITHER ADOPT AND PROMULGATE APPROPRIATE RULES AND
 REGULATIONS IMPLEMENTING SUCH OPTIONAL CURRICULUM OR REJECT  THE  IMPLE-
 MENTATION  OF  SUCH OPTIONAL CURRICULUM. UPON RECEIVING A RECOMMENDATION
 FROM THE COMMISSIONER,  PURSUANT  TO  THIS  SUBDIVISION,  THE  BOARD  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10022-01-1

 A. 6343                             2
 
 REGENTS  SHALL VOTE TO EITHER ACCEPT OR REJECT THE COMMISSIONER'S RECOM-
 MENDATION NO LATER THAN SIXTY DAYS AFTER RECEIVING SUCH RECOMMENDATION.
   D.  IF  THE BOARD OF REGENTS ADOPTS SUCH CURRICULUM, INDIVIDUAL SCHOOL
 DISTRICT BOARDS OF EDUCATION MAY CHOOSE TO PARTICIPATE IN  SUCH  CURRIC-
 ULUM VIA MAJORITY VOTE.
   E.  IF  THE BOARD OF REGENTS REJECTS SUCH CURRICULUM, THE COMMISSIONER
 SHALL PROVIDE A REPORT AS TO THE  DETERMINATION  OF  THE  BOARD  TO  THE
 GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
 ASSEMBLY AND THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON  EDUCA-
 TION PROVIDING THE REASONS FOR SUCH REJECTION NOT LATER THAN THIRTY DAYS
 AFTER THE BOARD OF REGENTS REJECTS SUCH CURRICULUM.
   § 2. This act shall take effect immediately.