NY State Senate Bill 2023-S4510A

Senate Bill S4510A

2023-2024 Legislative Session

Relates to the provision of certain services to students in nonpublic schools in certain school districts

download bill text pdf

Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
Mar 28, 2023	print number 4510a
Mar 28, 2023	amend and recommit to education
Feb 09, 2023	referred to education

Bill Amendments

Original

A (Active)

2023-S4510 - Details

See Assembly Version of this Bill:: A4020
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in 2021-2022 Legislative Session:: A8056

2023-S4510 - Summary

Relates to the provision of certain services to students in nonpublic schools in certain school districts.

2023-S4510 - Sponsor Memo

                                 
BILL NUMBER: S4510

SPONSOR: WEBER
 
TITLE OF BILL:

An act to amend the education law, in relation to the provision of
certain services to students in nonpublic schools in certain school
districts

 
PURPOSE:

Establishing guidelines for school districts with 65 percent of their
students attending nonpublic schools

 
SUMMARY OF PROVISIONS:

Section 1: amends section 305 of the education law to add subparagraph
59 regarding services to students that attend nonpublic schools

Section 2: provides the effective date

JUSTIFICATION:

For decades, the State of New York has placed the burden of financing
private schools and their mandated services on the backs of public
schools across the state. Many public school districts have had to grap-
ple with this additional challenge in ensuring that all students in
their district, whether public or private school students, receive a
quality, affordable education.

No district has had to deal with that more than the East Ramapo Central
School District, an anomaly, where there are currently 29,000 private
school students and 9,000 public school students, creating a large
disparity between public and private school students.

Unfortunately, this way of doing things is outdated and broken. It leads
to division in communities, especially in East Ramapo, where private and
public school students, parents, teachers, and administrators are pitted
against each other over a shared revenue stream.

This legislation would remove that flashpoint, ensuring that public
schools and their boards, in districts where over 66% of the students
attend private schools would only oversee public school funds, while
allowing for private schools to deal directly with the New York State
Education Department in order to secure funding and reimbursement for
mandated services such as busing, textbooks, special education and more.

With this bill, we can solve some of the biggest issues facing the East
Ramapo Central School District and a handful of other districts across
the state while ensuring that all students in these districts receive
the quality, affordable education they deserve.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

N/A
 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to school years
commencing on and after the first of July next succeeding such effective
date.

2023-S4510 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4510                                                  A. 4020
 
                        2023-2024 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 IN SENATE -- Introduced by Sen. WEBER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Education
 
 IN ASSEMBLY -- Introduced by M. of A. BRABENEC -- read once and referred
   to the Committee on Education
 
 AN  ACT  to  amend  the  education  law, in relation to the provision of
   certain services to students in nonpublic schools  in  certain  school
   districts
 
   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
 subparagraph 60 to read as follows:
   60. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE  CONTRARY,  FOR
 ANY  SCHOOL  DISTRICT THAT HAS SIXTY-FIVE PERCENT OR GREATER OF STUDENTS
 LIVING IN THE DISTRICT THAT  ATTEND  A  NONPUBLIC  SCHOOL,  SUCH  SCHOOL
 DISTRICT  SHALL  PROVIDE  NO  SERVICES  TO  PUPILS ATTENDING A NONPUBLIC
 SCHOOL PURSUANT TO SECTIONS SEVEN HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,
 SEVEN  HUNDRED  TWELVE,  SEVEN  HUNDRED  FIFTY-ONE, NINE HUNDRED TWELVE,
 THIRTY-SIX HUNDRED TWO-C AND  THIRTY-SIX  HUNDRED  THIRTY-FIVE  OF  THIS
 CHAPTER.    STUDENTS  ATTENDING A NONPUBLIC SCHOOL WITHIN SUCH DISTRICTS
 SHALL BE PROVIDED BY THE NONPUBLIC SCHOOL WITH THE  SAME  SERVICES  THAT
 ARE MADE AVAILABLE TO STUDENTS ATTENDING THE PUBLIC SCHOOL OF WHERE SUCH
 NONPUBLIC  SCHOOL  IS  LOCATED  PURSUANT  TO SECTIONS SEVEN HUNDRED ONE,
 SEVEN HUNDRED ELEVEN, SEVEN HUNDRED  TWELVE,  SEVEN  HUNDRED  FIFTY-ONE,
 NINE  HUNDRED  TWELVE,  THIRTY-SIX  HUNDRED TWO-C AND THIRTY-SIX HUNDRED
 THIRTY-FIVE OF THIS CHAPTER. PRIOR  TO  SERVICES  BEING  PROVIDED  BY  A
 NONPUBLIC  SCHOOL,  NONPUBLIC SCHOOLS WILL BE REQUIRED TO SUBMIT CERTIF-
 ICATIONS IN A SYSTEM DEVELOPED  BY  THE  COMMISSIONER  OF  THE  SERVICES
 PROVIDED ELECTRONICALLY OR IN ANY OTHER MEDIA FORM WHICH THE COMMISSION-
 ER  REASONABLY  DETERMINES  OFFERS THE SAME DEGREE OF ACCOUNTABILITY AND
 CONTROL PROVIDED BY PAPER CERTIFICATIONS. THE COMMISSIONER WILL HAVE THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07530-01-3

 S. 4510                             2                            A. 4020
 
 POWER TO REVIEW AND SEEK CORRECTION OF ANY SERVICE PROVIDED BY NONPUBLIC
 SCHOOLS. ALL COSTS PERTAINING TO THESE SERVICES  PROVIDED  BY  NONPUBLIC
 SCHOOLS  SHALL BE APPROVED BY THE COMMISSIONER AND SHALL BE BORNE BY THE
 STATE.
   §  2. This act shall take effect immediately and shall apply to school
 years commencing on and after the first of  July  next  succeeding  such
 effective date.

2023-S4510A (ACTIVE) - Details

See Assembly Version of this Bill:: A4020
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §305, Ed L
Versions Introduced in 2021-2022 Legislative Session:: A8056

2023-S4510A (ACTIVE) - Summary

Relates to the provision of certain services to students in nonpublic schools in certain school districts.

2023-S4510A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4510A

SPONSOR: WEBER
 
TITLE OF BILL:

An act to amend the education law, in relation to the provision of
certain services to students in nonpublic schools in certain school
districts

 
PURPOSE:

Establishing guidelines for school districts with 25 percent of their
students attending nonpublic schools

 
SUMMARY OF PROVISIONS:

Section 1: amends section 305 of the education law to add a new subpara-
graph 60 regarding services to students that attend nonpublic schools

Section 2: provides the effective date

JUSTIFICATION:

For decades, the State of New York has placed the burden of financing
private schools and their mandated services on the backs of public
schools across the state. Many public school districts have had to grap-
ple with this additional challenge in ensuring that all students in
their district, whether public or private school students, receive a
quality, affordable education.

No district has had to deal with this more than the East Ramapo Central
School District, an anomaly, where there are currently 29,000 private
school students and 9,000 public school students, creating a large
disparity between public and private school students.  Surrounding
districts are facing similar issues.

Unfortunately, this way of doing things is outdated and broken. It leads
to division in communities, especially in East Ramapo, where private and
public school students, parents, teachers, and administrators are pitted
against each other over a shared revenue stream.

This legislation would remove this flashpoint. It would ensure public
schools and their boards, in districts where over 25 percent of the
students attend private schools, would only oversee public school funds,
while allowing for private schools to deal directly with the New York
State Education Department in order to secure funding and reimbursement
for mandated services such as busing, textbooks, special education and
more.

With this bill, we can solve some of the biggest issues facing the East
Ramapo Central School District and a handful of other districts across
the state while ensuring that all students in these districts receive
the quality, affordable education they deserve.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:
N/A

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to school years
commencing on and after the first of July next succeeding such effective
date.

2023-S4510A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4510--A                                            A. 4020--A
 
                        2023-2024 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 IN SENATE -- Introduced by Sen. WEBER -- read twice and ordered printed,
   and  when  printed  to  be  committed to the Committee on Education --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 IN ASSEMBLY -- Introduced by M. of A. BRABENEC -- read once and referred
   to  the  Committee on Education -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the education law,  in  relation  to  the  provision  of
   certain  services  to  students in nonpublic schools in certain school
   districts
 
   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
 subparagraph 60 to read as follows:
   60.  NOTWITHSTANDING  ANY LAW, RULE OR REGULATION TO THE CONTRARY, FOR
 ANY SCHOOL DISTRICT THAT HAS TWENTY-FIVE PERCENT OR GREATER OF  STUDENTS
 LIVING  IN  THE  DISTRICT  WHO  ATTEND  A  NONPUBLIC SCHOOL, SUCH SCHOOL
 DISTRICT SHALL PROVIDE NO  SERVICES  TO  PUPILS  ATTENDING  A  NONPUBLIC
 SCHOOL  PURSUANT  TO  SECTIONS  SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN,
 SEVEN HUNDRED TWELVE, SEVEN  HUNDRED  FIFTY-ONE,  NINE  HUNDRED  TWELVE,
 THIRTY-SIX  HUNDRED  TWO-C  AND  THIRTY-SIX  HUNDRED THIRTY-FIVE OF THIS
 CHAPTER.  STUDENTS ATTENDING A NONPUBLIC SCHOOL  WITHIN  SUCH  DISTRICTS
 SHALL  BE  PROVIDED  BY THE NONPUBLIC SCHOOL WITH THE SAME SERVICES THAT
 ARE MADE AVAILABLE TO STUDENTS ATTENDING THE PUBLIC SCHOOL OF WHERE SUCH
 NONPUBLIC SCHOOL IS LOCATED PURSUANT  TO  SECTIONS  SEVEN  HUNDRED  ONE,
 SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED TWELVE, SEVEN HUNDRED FIFTY-ONE,
 NINE HUNDRED TWELVE, THIRTY-SIX HUNDRED  TWO-C  AND  THIRTY-SIX  HUNDRED
 THIRTY-FIVE  OF  THIS  CHAPTER.  PRIOR  TO  SERVICES BEING PROVIDED BY A
 NONPUBLIC SCHOOL, NONPUBLIC SCHOOLS WILL BE REQUIRED TO  SUBMIT  CERTIF-
 ICATIONS  IN  A  SYSTEM  DEVELOPED  BY  THE COMMISSIONER OF THE SERVICES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07530-02-3

 S. 4510--A                          2                         A. 4020--A
 
 PROVIDED ELECTRONICALLY OR IN ANY OTHER MEDIA FORM WHICH THE COMMISSION-
 ER REASONABLY DETERMINES OFFERS THE SAME DEGREE  OF  ACCOUNTABILITY  AND
 CONTROL  PROVIDED  BY  PAPER CERTIFICATIONS. THE COMMISSIONER SHALL HAVE
 THE  POWER  TO  REVIEW  AND  SEEK  CORRECTION OF ANY SERVICE PROVIDED BY
 NONPUBLIC SCHOOLS. ALL COSTS PERTAINING TO  SUCH  SERVICES  PROVIDED  BY
 NONPUBLIC  SCHOOLS  SHALL  BE  APPROVED BY THE COMMISSIONER AND SHALL BE
 BORNE BY THE STATE.
   § 2. This act shall take effect immediately and shall apply to  school
 years  commencing  on  and  after the first of July next succeeding such
 effective date.

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