Bill Text: NY A04012 | 2023-2024 | General Assembly | Amended


Bill Title: Requires school districts to have diversity, equity and inclusion officers to develop methods to diversify the personnel of the school district and to recommend changes to district policies and practices to reduce racial disparities in hiring school district employees, particularly teachers; requires boards of education to annually report information regarding such policies and practices to the department of education; requires the department of education to annually report such information to the legislature.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced) 2024-03-26 - print number 4012a [A04012 Detail]

Download: New_York-2023-A04012-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4012--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        Introduced  by  M.  of  A. RAMOS, BICHOTTE HERMELYN, JEAN-PIERRE, SIMON,
          SEAWRIGHT, HYNDMAN, MEEKS, KELLES,  WALKER,  EPSTEIN,  GIBBS,  SIMONE,
          CUNNINGHAM,  REYES, DARLING -- read once and referred to the Committee
          on Education -- recommitted to the Committee on Education  in  accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN ACT to amend the education law, in relation to school district diver-
          sity, equity and inclusion officers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 2101  of  the  education  law,  as
     2  amended  by  chapter  107  of  the  laws  of 1976, is amended to read as
     3  follows:
     4    1. Each common school district shall have one or three trustees as the
     5  district determines, a collector except in first class towns and  except
     6  as  may  be otherwise provided by law, a diversity, equity and inclusion
     7  officer, and if the district so decides a treasurer.
     8    § 2. Section 2102 of the education law, as amended by chapter  737  of
     9  the laws of 1992, is amended to read as follows:
    10    § 2102. Qualifications  of  officers.    Every school district officer
    11  must be able to read and write and must be  a  qualified  voter  of  the
    12  district; and each member of a board of education of a union free school
    13  district, common school district or a central school district shall have
    14  been a resident of the school district, or in the case of a person qual-
    15  ified  by  subdivision  three  of  section twenty hundred twelve of this
    16  chapter to vote in a district election, a resident of  the  district  or
    17  reservation,  for at least one year prior to the election. Notwithstand-
    18  ing the provisions of any other general or special law to the  contrary,
    19  a  school district treasurer, collector, diversity, equity and inclusion

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08285-02-4

        A. 4012--A                          2

     1  officer or clerk need not be a resident of the school district  to  hold
     2  such office in such district.
     3    §  3. Subdivision 1 of section 2103 of the education law is amended to
     4  read as follows:
     5    1. No district superintendent or supervisor is eligible to the  office
     6  of  trustee  or member of a board of education, and no trustee or member
     7  of a board of education can hold the office of district  clerk,  collec-
     8  tor,  diversity,  equity  and inclusion officer, treasurer or librarian,
     9  except as otherwise provided by section twenty-one hundred thirty.
    10    § 4. Section 2103 of the education law is  amended  by  adding  a  new
    11  subdivision 5 to read as follows:
    12    5.  An  administrative  employee  of  the  school  district  shall  be
    13  appointed as the school district diversity, equity and  inclusion  offi-
    14  cer.
    15    § 5.  The part heading of part 2 of article 43 of the education law is
    16  amended to read as follows:
    17          DISTRICT CLERK; TREASURER; DIVERSITY, EQUITY AND INCLUSION
    18                             OFFICER; COLLECTOR
    19    §  6.    The  education law is amended by adding a new section 2131 to
    20  read as follows:
    21    § 2131. Duties of diversity, equity and inclusion officer.   It  shall
    22  be  the  duty  of  the  diversity,  equity and inclusion officer of each
    23  school district to develop methods to diversify  the  personnel  of  the
    24  school  district,  with an emphasis on diversifying teaching staff.  The
    25  diversity, equity and inclusion officer shall annually review racial and
    26  ethnic disparities within the school district and  shall  encourage  and
    27  assist  in  the  recruitment  and  retention  of  a  more  racially  and
    28  ethnically diverse staff.  The diversity, equity and  inclusion  officer
    29  shall  also  review school district policies and practices and recommend
    30  changes to such policies and  practices  to  reduce  racial  and  ethnic
    31  disparities  in hiring school district employees, particularly teachers.
    32  The diversity, equity and inclusion  officer  shall  publish  an  annual
    33  report  on the school district's plans, processes and progress in hiring
    34  and retaining educators of color. Such report shall be presented to  the
    35  local board of education and shall be available to the public.
    36    §  7.  Section  1709  of  the education law is amended by adding a new
    37  subdivision 44 to read as follows:
    38    44.  To prepare a report in response to the annual report presented to
    39  the board of education by the diversity, equity  and  inclusion  officer
    40  pursuant to section twenty-one hundred thirty-one of this title relating
    41  to  the  school  district's  plans, processes and progress in hiring and
    42  retaining educators of color and to submit such report  to  the  depart-
    43  ment.
    44    §  8.  Section  1804  of  the education law is amended by adding a new
    45  subdivision 13 to read as follows:
    46    13. The board shall prepare a report in response to the annual  report
    47  presented  to the board of education by the diversity, equity and inclu-
    48  sion officer pursuant to section twenty-one hundred thirty-one  of  this
    49  title relating to the school district's plans, processes and progress in
    50  hiring and retaining educators of color and to submit such report to the
    51  department.
    52    §  9.  Section  2503  of  the education law is amended by adding a new
    53  subdivision 22 to read as follows:
    54    22. Shall prepare a report in response to the annual report  presented
    55  to the board of education by the diversity, equity and inclusion officer
    56  pursuant to section twenty-one hundred thirty-one of this title relating

        A. 4012--A                          3

     1  to  the  school  district's  plans, processes and progress in hiring and
     2  retaining educators of color and to submit such report  to  the  depart-
     3  ment.
     4    §  10.  Section  2554  of the education law is amended by adding a new
     5  subdivision 29 to read as follows:
     6    29. To prepare a report in response to the annual report presented  to
     7  the  board  of  education by the diversity, equity and inclusion officer
     8  pursuant to section twenty-one hundred thirty-one of this title relating
     9  to the school district's plans, processes and  progress  in  hiring  and
    10  retaining  educators  of  color and to submit such report to the depart-
    11  ment.
    12    § 11. Section 305 of the education law is  amended  by  adding  a  new
    13  subdivision 61 to read as follows:
    14    61.  The  commissioner  shall  prepare  an  annual report based on the
    15  reports submitted to the department by  local  boards  of  education  on
    16  school  districts' plans, processes and progress in hiring and retaining
    17  educators of color and shall submit such report to the legislature annu-
    18  ally.
    19    § 12. This act shall take effect immediately.
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