Assembly Bill A1939A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1939--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZINERMAN, TAYLOR, SEAWRIGHT, DICKENS, AUBRY,
   HEVESI, SIMON, GONZALEZ-ROJAS, GLICK,  OTIS,  DAVILA,  COOK,  JACKSON,
   THIELE,  RAGA,  WALKER,  GIBBS,  ANDERSON, CHANDLER-WATERMAN, DARLING,
   CRUZ, HYNDMAN, VANEL,  CUNNINGHAM,  MEEKS,  LUCAS  --  read  once  and
   referred to the Committee on Education -- recommitted to the Committee
   on  Education  in accordance with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the education law, in relation to allocating the Amistad
   commission to work alongside the department of education and on behalf
   of students in New York state; and to repeal certain provisions of the
   arts and cultural affairs law relating to the Amistad commission
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Article  57-B  of  the  arts  and cultural affairs law is
 REPEALED.
   § 2. The education law is amended by adding a new article 25  to  read
 as follows:
                                ARTICLE 25
                          THE AMISTAD COMMISSION
 SECTION 1301. LEGISLATIVE FINDINGS.
         1302. DEFINITIONS
         1303. COMMISSION ESTABLISHED.
         1304. COMMISSION DUTIES AND RESPONSIBILITIES.
         1305. CURRICULUM.
         1306. AUTHORIZATION.
   § 1301. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS AND DECLARES THAT:
   1.  DURING  THE PERIOD BEGINNING LATE IN THE FIFTEENTH CENTURY THROUGH
 THE NINETEENTH CENTURY, MILLIONS  OF  PERSONS  OF  AFRICAN  ORIGIN  WERE
 ENSLAVED  AND  BROUGHT  TO  THE WESTERN HEMISPHERE, INCLUDING THE UNITED
 STATES OF AMERICA; OF THE 12.5 MILLION ENSLAVED AFRICANS  BROUGHT,  10.7
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01424-02-4
              

 A. 1939--A                          2
 
 MILLION SURVIVED THE MIDDLE PASSAGE OR APPROXIMATELY 20% PERISHED DURING
 THEIR JOURNEY TO THE WESTERN HEMISPHERE. THE ENSLAVEMENT OF AFRICANS AND
 THEIR DESCENDANTS WAS PART OF A CONCERTED EFFORT OF PHYSICAL AND PSYCHO-
 LOGICAL  TERROR  THAT  DEPRIVED  GROUPS OF PEOPLE OF AFRICAN DESCENT THE
 OPPORTUNITY TO PRESERVE MANY OF THEIR ECONOMIC, SOCIAL, RELIGIOUS, POLI-
 TICAL AND OTHER CUSTOMS; THE VESTIGES OF SLAVERY IN THIS COUNTRY CONTIN-
 UED WITH THE LEGALIZATION OF SECOND CLASS CITIZENSHIP STATUS  FOR  AFRI-
 CAN-AMERICANS  THROUGH  FROM THE END OF RECONSTRUCTION IN 1876 UNTIL THE
 CIVIL RIGHTS ERA THAT SPANNED THE 1950S THROUGH 1968, INCLUDING JIM CROW
 LAWS, SEGREGATION AND OTHER SIMILAR PRACTICES; THE LEGACY OF SLAVERY HAS
 PERVADED THE FABRIC OF OUR SOCIETY; AND IN SPITE OF THESE  EVENTS  THERE
 ARE  ENDLESS EXAMPLES OF THE INFLUENCE OF THE HISTORY OF AFRICANS ON THE
 CULTURAL, ECONOMIC,  POLITICAL  AND  SOCIAL  FOUNDATION  OF  THE  UNITED
 STATES, THE AMERICAS AND THE ECONOMIES, POLITICS AND SOCIETIES OF EUROPE
 AND  BEYOND. THE ENDURING LEGACY OF CHATTEL SLAVERY IN THE UNITED STATES
 AND THE AMERICAS, INCLUDING THE SOCIAL CONSTRUCT CREATED AND CEMENTED BY
 THE BIOLOGICAL MYTH OF RACE AND THE RESULTING INEQUITIES AND  INJUSTICES
 STEMMING  FROM RACISM. THAT WAS CHALLENGED BY THE PERSEVERANCE, ACTIVISM
 AND  AFOREMENTIONED  CONTRIBUTIONS  OF  THE  ENSLAVED  AFRICANS,   THEIR
 DESCENDANTS AND STAKEHOLDERS, THROUGHOUT HISTORY.
   2.  WE  SHOULD KNOW OF AND REMEMBER THE HUMAN CARNAGE AND DEHUMANIZING
 ATROCITIES COMMITTED DURING THE PERIOD OF THE AFRICAN  SLAVE  TRADE  AND
 SLAVERY  IN  AMERICA AND OF THE VESTIGES OF SLAVERY IN THIS COUNTRY; AND
 IT IS IN FACT VITAL TO EDUCATE OUR CITIZENS ON THESE EVENTS, THE  LEGACY
 OF  SLAVERY, THE SAD HISTORY OF RACISM IN THIS COUNTRY, AND ON THE PRIN-
 CIPLES OF HUMAN RIGHTS AND DIGNITY IN A CIVILIZED SOCIETY.
   3. IT IS THE POLICY OF THE STATE  OF  NEW  YORK  THAT  BLACK  HISTORY,
 INCLUDING  THE  HISTORY  OF  AFRICA, THE TRANS-ATLANTIC SLAVE TRADE, THE
 AFRICAN DIASPORA, CHATTEL SLAVERY, THE AFRICAN SLAVE TRADE,  SLAVERY  IN
 AMERICA, THE LEGACY OF SLAVERY ON OUR SOCIETY, THE DEPTH OF THEIR IMPACT
 IN  OUR  SOCIETY, AND THE TRIUMPHS OF AFRICANS AND THEIR DESCENDANTS AND
 THEIR SIGNIFICANT CONTRIBUTIONS TO THE DEVELOPMENT OF  THIS  COUNTRY  IS
 THE  PROPER CONCERN OF ALL PEOPLE, PARTICULARLY STUDENTS ENROLLED IN THE
 SCHOOLS OF THE STATE OF NEW YORK.
   4. THERE IS A NEED FOR EDUCATION REFORM FROM PRESCHOOL THROUGH COLLEGE
 IN ORDER TO MITIGATE THE DEVASTATING EFFECT OF RACISM IN  EDUCATION  AND
 THE COMPLETE MISEDUCATION OF OUR POPULATION AROUND BLACK HISTORY.
   5. IT IS THEREFORE DESIRABLE TO CREATE A STATE-LEVEL COMMISSION, WHICH
 SHALL  OVERSEE  THE BUDGET AND OPERATION OF THE AMISTAD COMMISSION AS IT
 SEEKS TO PROVIDE THE STUDENTS OF NEW YORK WITH A   MORE ADEQUATE  INCLU-
 SION  OF  THE  HISTORY OF AFRICA, CHATTEL SLAVERY, THE AFRICAN DIASPORA,
 THE LEGACY OF SLAVERY AND  THE  CONTRIBUTIONS  OF  AFRICAN-AMERICANS  IN
 BUILDING OUR COUNTRY.
   § 1302. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "COMMISSION" SHALL MEAN THE AMISTAD COMMISSION.
   2. "AFRICAN-AMERICANS" SHALL MEAN ALL PAN-AFRICAN PEOPLE IN THE AMERI-
 CAS.
   3.  "BLACK HISTORY" OR "BLACK STUDIES" SHALL MEAN THE HISTORY OF AFRI-
 CA, THE TRANS-ATLANTIC SLAVE TRADE, THE AFRICAN DIASPORA, CHATTEL  SLAV-
 ERY,  SLAVERY IN THE AMERICAS, THE LEGACY OF SLAVERY IN OUR SOCIETY, THE
 DEPTH OF THEIR IMPACT IN OUR SOCIETY, AND THE TRIUMPHS  OF  AFRICANS  IN
 THE  AMERICAS AND THEIR DESCENDANTS AND THEIR SIGNIFICANT CONTRIBUTIONS.
 IT SHALL ELEVATE HISTORICALLY  MARGINALIZED  VOICES.  IT  SHALL  INCLUDE
 OPPORTUNITIES TO LEARN ABOUT POWER AND PRIVILEGE IN THE CONTEXT OF VARI-
 OUS  COMMUNITIES  AND  EMPOWERS LEARNERS TO BE AGENTS OF POSITIVE SOCIAL
 CHANGE. IT SHALL PROVIDE THE OPPORTUNITY  TO  LEARN  ABOUT  PERSPECTIVES
 A. 1939--A                          3
 
 BEYOND  ONE'S  OWN  SCOPE.  IT  SHALL WORK TOWARD DISMANTLING SYSTEMS OF
 BIASES AND INEQUITIES AND DECENTERING DOMINANT IDEOLOGIES IN EDUCATION.
   4. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF EDUCATION AS SUCH TERM IS
 DEFINED IN SUBDIVISION SIX OF SECTION TWO OF THIS CHAPTER.
   5.  "COMMISSIONER" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
 IN SUBDIVISION FIVE OF SECTION TWO OF THIS CHAPTER.
   § 1303. COMMISSION ESTABLISHED. 1. THE AMISTAD COMMISSION, SO NAMED IN
 HONOR OF THE GROUP OF ENSLAVED AFRICANS LED BY JOSEPH CINQUE WHO,  WHILE
 BEING  TRANSPORTED IN EIGHTEEN HUNDRED THIRTY-NINE ON A VESSEL NAMED THE
 AMISTAD, GAINED THEIR FREEDOM AFTER OVERTHROWING THE CREW AND EVENTUALLY
 HAVING THEIR CASE SUCCESSFULLY ARGUED BEFORE THE UNITED  STATES  SUPREME
 COURT,  IS  HEREBY CREATED AND ESTABLISHED. THE COMMISSION SHALL CONSIST
 OF TWENTY-ONE MEMBERS, INCLUDING THE COMMISSIONER OF EDUCATION  OR  SUCH
 COMMISSIONER'S  DESIGNEE,  THE  TEMPORARY  PRESIDENT  OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY, THE CHANCELLOR OF THE STATE UNIVERSITY  OF  NEW
 YORK  OR  SUCH  CHANCELLOR'S  DESIGNEE,  SERVING  EX OFFICIO, A DESIGNEE
 APPOINTED BY THE GOVERNOR WHO HAS A BACKGROUND IN EDUCATION AND  SIXTEEN
 PUBLIC  MEMBERS.    PUBLIC  MEMBERS  SHALL  BE APPOINTED AS FOLLOWS: THE
 PUBLIC MEMBERS SHALL BE RESIDENTS OF THE STATE, CHOSEN WITH  DUE  REGARD
 TO  BROAD GEOGRAPHIC REPRESENTATION AND RACIAL AND ETHNIC DIVERSITY, WHO
 HAVE KNOWLEDGE OF BLACK STUDIES.
   2. THE COMMISSIONER OR SUCH COMMISSIONER'S DESIGNEE SHALL RESIDE AS  A
 VOTING MEMBER.  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
 THE  ASSEMBLY SHALL SERVE AS VOTING MEMBERS FOR THE TWO-YEAR LEGISLATIVE
 TERM. ALL PUBLIC MEMBERS SHALL SERVE AS VOTING MEMBERS.
   3. THE COMMISSION SHALL HAVE A SEPARATE BUDGET FROM THE DEPARTMENT AND
 SHALL BE ALLOCATED IN BUT NOT OF  THE  DEPARTMENT,  BUT  NOTWITHSTANDING
 THIS  ALLOCATION, THE COMMISSION SHALL BE INDEPENDENT OF ANY SUPERVISION
 OR CONTROL BY THE DEPARTMENT OR ANY BOARD OR OFFICER THEREOF.
   4. EACH PUBLIC MEMBER OF THE COMMISSION SHALL SERVE FOR A TERM OF FOUR
 YEARS. PUBLIC MEMBERS SHALL BE ELIGIBLE FOR  REAPPOINTMENT.  THEY  SHALL
 SERVE  UNTIL  THEIR SUCCESSORS ARE APPOINTED AND QUALIFIED, AND THE TERM
 OF THE SUCCESSOR OF ANY INCUMBENT SHALL BE CALCULATED FROM  THE  EXPIRA-
 TION  OF  THE  TERM OF THAT INCUMBENT. A VACANCY OCCURRING OTHER THAN BY
 EXPIRATION OF TERM SHALL BE FILLED IN THE SAME MANNER  AS  THE  ORIGINAL
 APPOINTMENT BUT FOR THE UNEXPIRED TERM ONLY.
   5.  THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION BUT
 SHALL BE ENTITLED TO REIMBURSEMENT FOR ALL NECESSARY  EXPENSES  INCURRED
 IN THE PERFORMANCE OF THEIR DUTIES.
   6. THE COMMISSION SHALL ANNUALLY ELECT A CHAIRPERSON AND A VICE-CHAIR-
 PERSON  FROM  AMONG ITS MEMBERS. THE COMMISSION SHALL MEET UPON THE CALL
 OF THE CHAIRPERSON OR OF A MAJORITY OF THE COMMISSION MEMBERS. THE PRES-
 ENCE OF A MAJORITY OF THE AUTHORIZED VOTING MEMBERSHIP OF THE COMMISSION
 SHALL BE REQUIRED FOR THE CONDUCT OF OFFICIAL BUSINESS.
   7. THE COMMISSION SHALL INTERVIEW AND APPOINT AN  EXECUTIVE  DIRECTOR,
 WHO  SHALL  SERVE  AT  ITS  PLEASURE  AND SHALL BE A PERSON QUALIFIED BY
 TRAINING AND EXPERIENCE TO PERFORM THE DUTIES OF THE OFFICE. THE COMMIS-
 SION SHALL APPROVE ALL COMMISSION PERSONNEL.    THE  EXECUTIVE  DIRECTOR
 SHALL  IDENTIFY  THEIR STAFF AND THE PERSONNEL COMMITTEE OF SUCH COMMIS-
 SION SHALL APPROVE SUCH HIRES THROUGH EQUITABLE HIRING PRACTICES.
   8. THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE AND DATA  TO  THE
 COMMISSION  AS  MAY  BE  NECESSARY  FOR  THE COMMISSION TO CARRY OUT ITS
 RESPONSIBILITIES PURSUANT TO THIS ARTICLE.
   9. THE EXECUTIVE DIRECTOR SHALL SUBMIT A REQUEST FOR THE BUDGET FOR AN
 AMOUNT NOT LESS THAN ONE MILLION FOUR HUNDRED THOUSAND DOLLARS  DIRECTLY
 TO  THE  GOVERNOR ANNUALLY. THE LEGISLATURE SHALL APPROPRIATE SUFFICIENT
 A. 1939--A                          4

 FUNDING TO ENSURE THAT THE COMMISSION CARRIES OUT THE PROVISIONS OF THIS
 ARTICLE.  ONE HUNDRED THOUSAND DOLLARS OF SUCH FUNDING  SHALL  BE  ALLO-
 CATED  ANNUALLY  FOR  TRAVEL  EXPENSES,  INCLUDING  BUT  NOT  LIMITED TO
 EXPENSES FOR OVERNIGHT ACCOMMODATIONS AND RETREATS.
   §  1304.  COMMISSION  DUTIES  AND  RESPONSIBILITIES. 1. THE COMMISSION
 SHALL, INCLUDING BUT NOT LIMITED TO, BLUE RIBBON COMMISSION  RECOMMENDA-
 TIONS:
   (A)  CREATE  A  STATE-DEVELOPED RUBRIC OR RUBRICS FOR ANY PERFORMANCE-
 BASED ASSESSMENTS ALLOWED AS AN OPTION TO SATISFY THE DIPLOMA ASSESSMENT
 REQUIREMENTS OF THE STATE;
   (B) REQUIRE ALL STATE TEACHER PREPARATION PROGRAMS TO PROVIDE INSTRUC-
 TION IN CULTURALLY RESPONSIVE-SUSTAINING EDUCATION,  DIVERSITY,  EQUITY,
 AND  INCLUSION  AND  ACCESSIBILITY  LENS IN ALL SUBJECT AREAS, INCLUDING
 HISTORY; AND
   (C) INCLUDE SUCH INFORMATION  IN  DISTRICT  COMPREHENSIVE  IMPROVEMENT
 PLANS OR OTHER ACCOUNTABILITY MEASURES PROVIDED BY THE DEPARTMENT.
   2.  IN  CRAFTING  A FRAMEWORK FOR THE IMPLEMENTATION OF BLACK STUDIES,
 THE COMMISSION SHALL:
   (A) ADOPT AND/OR ADAPT A  BLACK  HISTORY  CURRICULUM  WITH  SCOPE  AND
 SEQUENCE  AND GRADE LEVEL OUTCOMES AND MARKET AND DISTRIBUTE SUCH INFOR-
 MATION AND MATERIALS TO EDUCATORS, ADMINISTRATORS AND  SCHOOL  DISTRICTS
 IN THE STATE;
   (B) CONDUCT TEACHER WORKSHOPS ANNUALLY ON BLACK HISTORY;
   (C)  MONITOR  AND ASSESS THE INCLUSION OF SUCH MATERIALS AND CURRICULA
 IN THE STATE'S EDUCATIONAL SYSTEM;
   (D) IN ORDER TO FACILITATE THE COMMISSION'S ADOPTION AND/OR ADAPTATION
 OF A BLACK HISTORY CURRICULUM WITH SCOPE AND SEQUENCE  AND  GRADE  LEVEL
 OUTCOMES, SURVEY, CATALOG, AND RECOMMEND TO THE DEPARTMENT:
   (I)  THE  ALIGNMENT OR CRAFT EDUCATIONAL STANDARDS THAT ARE CULTURALLY
 RELEVANT AND INCLUSIVE;
   (II) THE SCOPE OF BLACK HISTORY, WHICH SHALL INCLUDE BUT NOT BE LIMIT-
 ED TO, HISTORY, CULTURE, CONTRIBUTIONS,  SOCIAL  MOVEMENTS,  LITERATURE,
 AND THE ARTS FROM ANCIENT TO CONTEMPORARY TIMES;
   (III)  THE  INCORPORATION  OF  BLACK HISTORY ACROSS MULTIPLE SUBJECTS,
 INCLUDING BUT NOT LIMITED TO, HISTORY, SOCIAL STUDIES,  LITERATURE,  AND
 THE ARTS TO PROVIDE A HOLISTIC VIEW; AND
   (IV)  DIVERSE  VIEWPOINTS WITHIN THE AFRICAN AMERICAN COMMUNITY, HIGH-
 LIGHTING GENDER, REGIONAL, SOCIOECONOMIC, AND IDEOLOGICAL DIVERSITY.
   (E) SURVEY AND CATALOG THE EXTENT AND BREADTH OF EDUCATION  CONCERNING
 BLACK  HISTORY PRESENTLY BEING INCORPORATED INTO THE CURRICULA AND TEXT-
 BOOKS AND TAUGHT IN THE SCHOOL SYSTEMS OF THE STATE; AND,  TO  INVENTORY
 THOSE  AFRICAN SLAVE TRADE, AMERICAN SLAVERY, OR RELEVANT AFRICAN-AMERI-
 CAN HISTORY MEMORIALS, EXHIBITS AND RESOURCES WHICH SHOULD  BE  INCORPO-
 RATED  INTO  COURSES  OF  STUDY  AT EDUCATIONAL INSTITUTIONS AND SCHOOLS
 THROUGHOUT THE STATE;
   (F) COMPILE A ROSTER OF  INDIVIDUAL  PROFESSIONALS,  CONSULTANTS,  AND
 EXPERTS WHO ARE WILLING TO CONTRACT TO SHARE THEIR KNOWLEDGE AND EXPERI-
 ENCE IN CLASSROOMS, SEMINARS AND WORKSHOPS WITH STUDENTS AND TEACHERS ON
 THE SUBJECT OF BLACK HISTORY;
   (G) PREPARE REPORTS FOR THE GOVERNOR AND THE LEGISLATURE REGARDING ITS
 FINDINGS  AND  RECOMMENDATIONS  ON  FACILITATING  THE INCLUSION OF BLACK
 HISTORY AND SPECIAL PROGRAMS IN THE EDUCATIONAL SYSTEM OF THE STATE; AND
   (H) INCREASE AWARENESS  AND  ENCOURAGE  SCHOOL  DISTRICTS  TO  UTILIZE
 CURRICULA ON BLACK HISTORY BY:
   (I)  PROVIDING  CURRICULUM  AND  PROFESSIONAL  DEVELOPMENT SUPPORT FOR
 PUBLIC SCHOOL DISTRICTS AND/OR PUBLIC SCHOOLS  FOR  THE  ACQUISITION  OF
 A. 1939--A                          5
 
 SUCH CURRICULAR MATERIALS, GUIDES, TEXTS, AND COACHING SO AS TO INCREASE
 THE  EFFICACY  OF  TEACHING AND LEARNING OF SUCH KNOWLEDGE AND TO EFFECT
 ITS FULL INTEGRATION INTO THE CURRICULUM OF ALL SUCH PUBLIC SCHOOLS; AND
   (II)  PRIORITIZE  THE  HIRING,  CONTRACTING,  AND  PROCUREMENT OF SUCH
 SERVICES AND MATERIALS NECESSARY TO EFFECTUATE THE PROVISIONS  OF  PARA-
 GRAPH (A) OF THIS SUBDIVISION FROM AMONG THE PROFESSIONALS, CONSULTANTS,
 AND  EXPERTS  WHO  REPRESENT  A  BROAD ETHNIC DIVERSITY THAT ALSO HAVE A
 DEMONSTRATED LIFE EXPERIENCE AND EDUCATIONAL BACKGROUND IN BLACK  HISTO-
 RY.
   3.  MONETARY  INCENTIVES  SHALL BE APPROPRIATED FOR SCHOOLS TO UTILIZE
 EXISTING BUDGETS TO REPLACE OUTDATED MATERIALS  AND  TEACHING  METHODOL-
 OGIES.
   § 1305. CURRICULUM. 1. THE COMMISSION SHALL PROVIDE CURRICULUM, EDUCA-
 TIONAL  EXPERIENCES  THROUGH  PRIMARY  SOURCES  AND NARRATIVES, LEARNING
 MATERIALS, AND PERFORMANCE BASED AND PROJECT-BASED ASSESSMENTS  FOR  ALL
 GRADES INCLUDING PRESCHOOL THROUGH COLLEGE ABOUT:
   (A)  BLACK HISTORY AND THE INFLUENCE OF THE HISTORY OF AFRICANS ON THE
 ECONOMIC, CULTURAL,  POLITICAL  AND  SOCIAL  FOUNDATION  OF  THE  UNITED
 STATES, THE AMERICAS AND THE ECONOMIES, POLITICS AND SOCIETIES OF EUROPE
 AND BEYOND;
   (B) THE INSTITUTION OF CHATTEL SLAVERY IN THE AMERICAS AND EUROPE; AND
   (C)  THE  ENDURING  LEGACY OF CHATTEL SLAVERY IN THE UNITED STATES AND
 THE AMERICAS, INCLUDING BUT NOT LIMITED TO:
   (I) THE SOCIAL CONSTRUCT OF RACE;
   (II) INEQUITY AND INJUSTICE STEMMING FROM RACISM; AND
   (III) PERSEVERANCE, ACTIVISM AND CONTRIBUTIONS OF THE ENSLAVED,  THEIR
 DESCENDANTS AND STAKEHOLDERS, THROUGHOUT HISTORY.
   2. THE INSTRUCTION SHALL ALSO EMPHASIZE THE PERSONAL RESPONSIBILITY OF
 EACH CITIZEN TO FIGHT RACISM AND HATRED WHENEVER AND WHEREVER IT HAPPENS
 AND TO UPHOLD THE NATIONAL IDEALS OF FREEDOM AND JUSTICE FOR ALL.
   3.  THE  DEPARTMENT  SHALL WORK WITH THE COMMISSION TO ENSURE THAT ALL
 DEPARTMENT ASSESSMENT TOOLS FOR SCHOOLS WITHIN THE STATE  ARE  INCLUSIVE
 OF  THE  BLACK  HISTORY CURRICULUM AND AVAILABLE FOR SCHOOL DISTRICTS TO
 ADOPT INCLUDING, BUT NOT LIMITED TO:
   (A) INCLUSION IN THE DISTRICT COMPREHENSIVE EDUCATION PLAN AND  SCHOOL
 COMPREHENSIVE EDUCATION PLAN; AND
   (B) INCLUSION IN DISTRICT DIVERSITY, EQUITY, AND INCLUSION PLANS.
   4. CURRICULUM SHALL BE DISSEMINATED BY THE COMMISSION AND SHALL INCOR-
 PORATE THE LEARNING STANDARDS ESTABLISHED BY THE BOARD OF REGENTS.
   §  1306.  AUTHORIZATION.  1. THE COMMISSION IS AUTHORIZED TO CALL UPON
 ANY DEPARTMENT, OFFICE, DIVISION OR AGENCY OF THE STATE, OR ANY  COUNTY,
 MUNICIPALITY  OR  SCHOOL  DISTRICT  OF  THE  STATE, TO SUPPLY SUCH DATA,
 PROGRAM  REPORTS  AND  OTHER  INFORMATION,  AS  IT  DEEMS  NECESSARY  TO
 DISCHARGE ITS RESPONSIBILITIES UNDER THIS ARTICLE.
   2.  SUCH  DEPARTMENTS,  OFFICES,  DIVISIONS AND AGENCIES SHALL, TO THE
 EXTENT POSSIBLE AND NOT INCONSISTENT WITH ANY OTHER LAW OF  THIS  STATE,
 COOPERATE WITH THE COMMISSION AND SHALL FURNISH IT WITH SUCH INFORMATION
 AND ASSISTANCE AS MAY BE NECESSARY OR HELPFUL TO ACCOMPLISH THE PURPOSES
 OF THIS ARTICLE.
   §  3.  Section  801  of  the  education law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. THE REGENTS SHALL PRESCRIBE COURSES OF INSTRUCTION IN  ACCORDANCE
 WITH THE REQUIREMENTS OF SECTION THIRTEEN HUNDRED FIVE OF THIS CHAPTER.
   SIMILAR  COURSES  OF INSTRUCTION SHALL BE PRESCRIBED AND MAINTAINED IN
 PRIVATE SCHOOLS AND OFFERED TO HOME SCHOOLS IN THE STATE, AND ALL PUPILS
 IN SUCH SCHOOLS IN GRADES OR CLASSES CORRESPONDING TO THE INSTRUCTION IN
 A. 1939--A                          6
 
 THE EIGHTH AND HIGHER GRADES OF THE PUBLIC  SCHOOLS  SHALL  ATTEND  UPON
 SUCH COURSES. IF SUCH COURSES ARE NOT SO ESTABLISHED AND MAINTAINED IN A
 PRIVATE  SCHOOL, ATTENDANCE UPON INSTRUCTION IN SUCH SCHOOL SHALL NOT BE
 DEEMED  SUBSTANTIALLY  EQUIVALENT  TO INSTRUCTION GIVEN TO PUPILS IN THE
 PUBLIC SCHOOLS OF THE CITY OR DISTRICT IN WHICH SUCH PUPILS RESIDE.
   § 4. This act shall take effect immediately, provided,  however,  that
 section  1305 of the education law, as added by section two of this act,
 and subdivision 3-a of section 801 of the education  law,  as  added  by
 section  three  of  this act shall take effect on the first of July next
 succeeding the date upon which it shall have become a law.