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.