S T A T E O F N E W Y O R K
________________________________________________________________________
1922
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. GONZALEZ-ROJAS, BURGOS, SIMON, CLARK, KELLES --
read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to incorporating measures
of racial and socioeconomic integration into state accountability
models
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds and declares all
of the following:
(a) The U.S. Supreme Court has declared that school diversity and the
reduction of racial isolation are compelling government interests.
(b) Racial and socioeconomic isolation in schools affects students'
ability to access experienced and qualified teachers, advanced course-
work, high-quality instructional materials, and adequate facilities on
an equitable basis.
(c) Decades of research have found that racial and socioeconomic inte-
gration of schools benefits all students.
(d) The Elementary and Secondary Education Act of 1965, 20 U.S.C. §
6301, et seq., as amended by the Every Student Succeeds Act, P.L. 114-95
requires state accountability systems to include an indicator of school
quality or student success which must meaningfully differentiate among
schools and be valid, reliable, and comparable statewide.
The legislature thereby establishes this act to include measures of
racial and socioeconomic integration and equality of access in annual
school report cards.
§ 2. Section 305 of the education law is amended by adding a new
subdivision 57 to read as follows:
57. THE COMMISSIONER SHALL ESTABLISH MEASURES INCORPORATING INTE-
GRATION INTO STATE ACCOUNTABILITY MODELS. SUCH MEASURES SHALL INCLUDE:
A. CALCULATION OF A SCHOOL PROPORTIONALITY SCORE. FOR EACH SCHOOL, THE
DEPARTMENT SHALL CALCULATE A PROPORTIONALITY SCORE THAT COMPARES THE
DEMOGRAPHIC PROFILES OF EACH SCHOOL TO THE DEMOGRAPHIC PROFILE OF THE
COUNTY IN WHICH THE SCHOOL IS LOCATED IN ORDER TO MEASURE THE DEGREE OF
RACIAL AND ECONOMIC SEGREGATION IN EACH COUNTY AND THE DEGREE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04877-01-3
A. 1922 2
PROGRESS BEING MADE OVER TIME TOWARD GREATER DIVERSITY. THE DEPARTMENT
SHALL CALCULATE THE PROPORTIONALITY SCORE FOR EACH SCHOOL AS FOLLOWS:
(I) MULTIPLY THE PROPORTION OF THE FIRST SUBGROUP FOUND IN THE COUNTY
TIMES THE TOTAL POPULATION OF THE SCHOOL;
(II) SUBTRACT FROM THE PRODUCT CALCULATED PURSUANT TO SUBPARAGRAPH (I)
OF THIS PARAGRAPH THE POPULATION OF THE FIRST SUBGROUP IN THE SCHOOL;
(III) CONVERT THE NUMBER CALCULATED IN SUBPARAGRAPHS (I) AND (II) OF
THIS PARAGRAPH TO AN ABSOLUTE VALUE;
(IV) REPEAT THE STEPS IN SUBPARAGRAPHS (I) THROUGH (III) OF THIS PARA-
GRAPH FOR EVERY IDENTIFIED SUBGROUP AND SUM THE VALUES;
(V) DIVIDE BY AN AMOUNT EQUAL TO THE TOTAL NUMBER OF STUDENTS IN THE
SCHOOL MULTIPLIED BY TWO.
B. REPORTING OF THE SCHOOL PROPORTIONALITY SCORE. A SCHOOL SHALL
RECEIVE A DESIGNATION OF "HIGHLY PROPORTIONAL" IF THEIR PROPORTIONALITY
SCORE IS LESS THAN TEN PERCENT. THE SCHOOL SHALL RECEIVE A DESIGNATION
OF "PROPORTIONAL" IF THEIR PROPORTIONALITY SCORE IS BETWEEN TEN PERCENT
AND LESS THAN TWENTY-FIVE PERCENT. THE SCHOOL SHALL RECEIVE A DESIG-
NATION OF "SOMEWHAT DISPROPORTIONAL" IF THEIR PROPORTIONALITY SCORE IS
BETWEEN TWENTY-FIVE PERCENT AND LESS THAN FIFTY PERCENT. THE SCHOOL
SHALL RECEIVE A DESIGNATION OF "HIGHLY DISPROPORTIONAL" IF THEIR PROPOR-
TIONALITY SCORE IS FIFTY PERCENT OR ABOVE.
C. MEASURES OF EQUALITY OF ACCESS FOR CERTAIN SUBGROUPS OF STUDENTS
SERVED BY A SCHOOL. IN ADDITION TO THE OVERALL SCHOOL PERFORMANCE SCORES
AND GRADES AWARDED UNDER THIS SUBDIVISION, FOR EACH SCHOOL THAT SERVES
ANY HISTORICALLY UNDERSERVED STUDENT SUBGROUP COMPRISING AT LEAST FIVE
PERCENT OF THE SCHOOL'S STUDENT POPULATION, THE DEPARTMENT SHALL CALCU-
LATE MEASURES OF EQUALITY OF ACCESS WHICH DEMONSTRATE THE EXTENT TO
WHICH EACH SCHOOL'S POPULATION OF HISTORICALLY UNDERSERVED STUDENT
SUBGROUPS HAS ACCESS TO SCHOOL RESOURCES ASSOCIATED WITH HIGH EDUCA-
TIONAL ACHIEVEMENT.
FOR EACH RACIAL OR ETHNIC SUBGROUP WITHIN A SCHOOL AND FOR ECONOM-
ICALLY DISADVANTAGED AND NON-ECONOMICALLY DISADVANTAGED STUDENTS, THE
DEPARTMENT SHALL CALCULATE EACH SUBGROUP'S PARTICIPATION IN OR EXPOSURE
TO:
(I) GIFTED AND TALENTED PROGRAMS OR ADVANCED COURSES;
(II) TEACHERS WITH AT LEAST THREE YEARS OF EXPERIENCE; AND
(III) TEACHERS WITH CERTIFICATION FROM THE NATIONAL BOARD FOR PROFES-
SIONAL TEACHING STANDARDS.
FOR EACH SCHOOL, EACH RACIAL OR ETHNIC SUBGROUP WITHIN A COUNTY, AND
ECONOMICALLY DISADVANTAGED AND NON-ECONOMICALLY DISADVANTAGED STUDENTS
IN THE COUNTY, THE DEPARTMENT SHALL CALCULATE THE SCHOOL OR SUBGROUP'S
AVERAGE:
(A) NUMBER OF FIELD TRIPS;
(B) HOURS OF INSTRUCTION IN ARTS OR MUSIC;
(C) SCHOOL-LEVEL RATIO OF STUDENTS TO PSYCHOLOGISTS;
(D) SCHOOL-LEVEL RATIO OF STUDENTS TO GUIDANCE COUNSELORS;
(E) SCHOOL-LEVEL RATIO OF STUDENTS TO NURSES; AND
(F) SCHOOL-LEVEL RATIO OF STUDENTS TO MEDIA SPECIALISTS.
D. REPORTING. THE DATA CALCULATED IN PARAGRAPHS B AND C OF THIS SUBDI-
VISION SHALL BE REPORTED SEPARATELY ON THE ANNUAL SCHOOL REPORT CARD IN
A WAY THAT ALLOWS FOR EASY COMPARISON OF SCHOOL-LEVEL AND COUNTY-LEVEL
DATA. THE SCHOOL REPORT CARD SHALL ALSO INDICATE WHETHER EACH SCHOOL IS
MAKING PROGRESS TOWARDS REDUCING SCHOOL SEGREGATION AND PROVIDING
STUDENTS WITH EQUALITY OF ACCESS TO SCHOOL RESOURCES ASSOCIATED WITH
HIGH EDUCATIONAL ACHIEVEMENT.
§ 3. This act shall take effect immediately.