Bill Text: NY A03711 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enacts the "educational equity and choice act"; requires nonpublic schools to provide the same services that public schools currently provide to nonpublic schools; provides that such costs shall be approved by the commissioner of education and borne by the state; makes related provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to education [A03711 Detail]

Download: New_York-2023-A03711-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

            S. 4281                                                  A. 3711

                               2023-2024 Regular Sessions

                SENATE - ASSEMBLY

                                    February 7, 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 requiring nonpublic
          schools to provide the same services  that  public  schools  currently
          provide to nonpublic schools; and to repeal certain provisions of such
          law relating thereto

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

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "educational equity and choice act".
     3    §  2.  Section  305  of  the  education law is amended by adding a new
     4  subdivision 60 to read as follows:
     5    60. Notwithstanding any law, rule or regulation to the  contrary,  the
     6  commissioner  shall  provide  that no nonpublic school shall provide any
     7  service to pupils  attending  such  school  without  approval  from  the
     8  commissioner.  Prior  to  services being provided by a nonpublic school,
     9  nonpublic schools will be required to submit certifications in a  system
    10  developed by the commissioner of the services provided electronically or
    11  in  any  other  media  form which the commissioner reasonably determines
    12  offers the same degree of accountability and control provided  by  paper
    13  certifications.  The commissioner will have the power to review and seek
    14  correction of any service provided  by  nonpublic  schools  pursuant  to
    15  sections  seven  hundred one, seven hundred eleven, seven hundred fifty-
    16  one, nine  hundred  twelve,  thirty-six  hundred  two-c  and  thirty-six
    17  hundred  thirty-five  of  this  chapter.  All  costs  pertaining  to the
    18  services provided by nonpublic schools shall be approved by the  commis-
    19  sioner and shall be borne by the state.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07532-01-3
        S. 4281                             2                            A. 3711

     1    §  3.  Section  912 of the education law, as amended by chapter 477 of
     2  the laws of 2004, is amended to read as follows:
     3    § 912. Health and welfare services to all children. [The voters and/or
     4  trustees  or  board  of  education  of every school district shall, upon
     5  request of the authorities of  a  school  other  than  public,  provide]
     6  Notwithstanding  any  law,  rule or regulation to the contrary, resident
     7  children who attend [such] a nonpublic school  shall  be  provided  with
     8  [any  or all of the] the same health and welfare services and facilities
     9  which are made available by [such] the voters and/or trustees  or  board
    10  of  education  to  or  for  children attending the public schools of the
    11  district. Such services may include, but are not limited to all services
    12  performed by a physician, physician assistant, dentist,  dental  hygien-
    13  ist,  registered professional nurse, nurse practitioner, school psychol-
    14  ogist, school social worker or school speech  therapist,  and  may  also
    15  include  dental  prophylaxis, vision and hearing screening examinations,
    16  the taking of medical histories and the administration of health screen-
    17  ing tests, the maintenance of cumulative health records and the adminis-
    18  tration of emergency care programs for ill or injured students. Any such
    19  services  or  facilities  shall  be  so  provided  notwithstanding   any
    20  provision  of  any  charter or other provision of law inconsistent here-
    21  with. [Where children residing in one school district  attend  a  school
    22  other than public located in another school district, the school author-
    23  ities  of  the  district  of  residence  shall  contract with the school
    24  authorities of the district where such nonpublic school is located,  for
    25  the provision of such health and welfare services and facilities to such
    26  children  by the school district where such nonpublic school is located,
    27  for a consideration to be agreed upon between the school authorities  of
    28  such  districts,  subject to the approval of the qualified voters of the
    29  district of residence when required under the provisions of  this  chap-
    30  ter.  Every such contract shall be in writing and in the form prescribed
    31  by the commissioner, and before such contract is executed the same shall
    32  be submitted for approval to the superintendent of schools having juris-
    33  diction over such district of residence  and  such  contract  shall  not
    34  become effective until approved by such superintendent.] All costs asso-
    35  ciated with this section shall be borne by the state.
    36    §  4. Subdivision 3 of section 701 of the education law, as amended by
    37  chapter 391 of the laws of 1989, is amended to read as follows:
    38    3. In the several cities and school districts of the state, boards  of
    39  education,  trustees or such body or officers as perform the function of
    40  such boards shall have the power and duty to purchase [and to loan  upon
    41  individual  request,]  textbooks,  to  all  children  residing  in  such
    42  district who are enrolled in a public school including children  attend-
    43  ing the public schools of the district for whom the district is eligible
    44  to receive reimbursement pursuant to paragraph a of subdivision eight of
    45  section  thirty-two hundred two of this chapter, provided, however, that
    46  such children shall not be counted by any other school district[, and to
    47  all children residing in such district who are enrolled in  a  nonpublic
    48  school.  Textbooks loaned to children enrolled in said nonpublic schools
    49  shall be textbooks which are designated for use in any public schools of
    50  the state or are approved by any boards of education, trustees or  other
    51  school  authorities.  Such textbooks are to be loaned free to such chil-
    52  dren subject to such rules and regulations as are or may  be  prescribed
    53  by  the board of regents and such boards of education, trustees or other
    54  school authorities. Enrollment shall be as defined in subdivision one of
    55  section thirty-six hundred two of this chapter].
        S. 4281                             3                            A. 3711

     1    § 5. Subdivision 4 of section 701 of the education law, as amended  by
     2  chapter 82 of the laws of 1995, is amended to read as follows:
     3    4.  No  school  district  shall  be  required to purchase or otherwise
     4  acquire textbooks, the cost of which shall exceed an amount equal to the
     5  apportionment pursuant to subdivision six of this section plus a minimum
     6  lottery grant determined pursuant to subdivision four of  section  nine-
     7  ty-two-c  of  the state finance law multiplied by the number of children
     8  residing in such district and so enrolled in  the  base  year[;  and  no
     9  school  district  shall  be  required to loan textbooks in excess of the
    10  textbooks owned or acquired by such district; provided, however that all
    11  textbooks owned or acquired by such district shall be loaned to children
    12  residing in the district and so enrolled in public and nonpublic schools
    13  on an equitable basis].
    14    § 6. Subdivision 8 of section 701 of the education law is REPEALED and
    15  a new subdivision 8 is added to read as follows:
    16    8. Notwithstanding any law, rule or regulation to the contrary,  chil-
    17  dren  attending  a  nonpublic  school shall be provided by the nonpublic
    18  school with the same textbooks  that  are  made  available  to  children
    19  attending  the  public school of where such nonpublic school is located.
    20  All costs associated with this subdivision shall be borne by  the  state
    21  in a similar apportionment pursuant to subdivision four of this section.
    22    §  7. Subdivision 3 of section 751 of the education law, as amended by
    23  section 4 of part A of chapter 436 of the laws of 1997,  is  amended  to
    24  read as follows:
    25    3.  No  school  district  shall  be  required to purchase or otherwise
    26  acquire software programs, the cost of  which  shall  exceed  an  amount
    27  equal  to the software factor multiplied by the sum of the public school
    28  district enrollment [and the nonpublic school enrollment]  in  the  base
    29  year  as defined in subparagraphs two and three of paragraph n of subdi-
    30  vision one of section thirty-six hundred two of this chapter.
    31    § 8. Subdivision 4 of section 751 of the education law, as amended  by
    32  section  3  of  part  H of chapter 83 of the laws of 2002, is amended to
    33  read as follows:
    34    4. The commissioner, in addition to the annual apportionment of public
    35  monies pursuant to other articles of this chapter,  shall  apportion  to
    36  each  school  district  an  amount  equal  to  the  cost of the software
    37  programs purchased by the district pursuant to this section in the  base
    38  year,  but  in  no case shall the aid apportioned to the district exceed
    39  the product of the software factor and the sum of public school district
    40  enrollment, [nonpublic school enrollment,] and additional public enroll-
    41  ment as defined in subparagraphs two, three, and six of paragraph  n  of
    42  subdivision one of section thirty-six hundred two of this chapter.
    43    § 9. Subdivision 1 of section 752 of the education law is REPEALED and
    44  a new subdivision 1 is added to read as follows:
    45    1.  Children  attending  a  nonpublic  school shall be provided by the
    46  nonpublic school with the same computer software that is made  available
    47  to  children  attending the public school of where such nonpublic school
    48  is located. All costs associated with this subdivision shall be borne by
    49  the state in a similar apportionment pursuant  to  subdivision  four  of
    50  section seven hundred fifty-one of this article.
    51    § 10. Subdivision 1 of section 753 of the education law, as amended by
    52  section  4  of part A-1 of chapter 58 of the laws of 2011, is amended to
    53  read as follows:
    54    1. In addition to any other apportionment under this chapter, a school
    55  district shall be eligible for an apportionment under the provisions  of
    56  this  section  for  approved  expenses  for (i) the purchase or lease of
        S. 4281                             4                            A. 3711

     1  micro and/or mini computer  equipment  or  terminals  for  instructional
     2  purposes  or  (ii)  technology  equipment,  as defined in paragraph c of
     3  subdivision two of this section, used  for  instructional  purposes,  or
     4  (iii)  for  the repair of such equipment and training and staff develop-
     5  ment for instructional purposes as provided  hereinafter,  or  (iv)  for
     6  expenses incurred on or after July first, two thousand eleven, any items
     7  of  expenditure  that  are  eligible  for  an  apportionment pursuant to
     8  sections seven hundred one, seven hundred eleven  and/or  seven  hundred
     9  fifty-one  of  this title, where such items are designated by the school
    10  district as eligible for aid pursuant to this section, provided,  howev-
    11  er,  that  if aided pursuant to this section, such expenses shall not be
    12  aidable pursuant to any other section of law. Such aid shall be provided
    13  pursuant to a plan developed by the district which demonstrates  to  the
    14  satisfaction  of  the commissioner that the instructional computer hard-
    15  ware needs of the district's public school students have been adequately
    16  met [and that the school district has provided for the loan of  instruc-
    17  tional computer hardware to students legally attending nonpublic schools
    18  pursuant  to  section  seven  hundred fifty-four of this article].   The
    19  apportionment shall equal the lesser of such  approved  expense  in  the
    20  base  year or, the product of (i) the technology factor, (ii) the sum of
    21  the public school district enrollment [and the nonpublic school  enroll-
    22  ment]  in  the  base  year  as defined in subparagraphs two and three of
    23  paragraph n of subdivision one of section thirty-six hundred two of this
    24  chapter, and (iii) the building aid ratio,  as  defined  in  subdivision
    25  four  of section thirty-six hundred two of this chapter. For aid payable
    26  in the two thousand seven--two thousand eight school year and  thereaft-
    27  er, the technology factor shall be twenty-four dollars and twenty cents.
    28  A school district may use up to twenty percent of the product of (i) the
    29  technology factor, (ii) the sum of the public school district enrollment
    30  [and  the  nonpublic  school  enrollment] in the base year as defined in
    31  subparagraphs two and three of paragraph n of subdivision one of section
    32  thirty-six hundred two of this chapter, and (iii) the building aid ratio
    33  for the repair of instructional computer hardware and technology  equip-
    34  ment  and  training  and  staff  development  for instructional purposes
    35  pursuant to a plan submitted to the commissioner.
    36    § 11. Subdivision 1 of section 754 of the education  law  is  REPEALED
    37  and a new subdivision 1 is added to read as follows:
    38    1.  Notwithstanding any law, rule or regulation to the contrary, chil-
    39  dren attending a nonpublic school shall be  provided  by  the  nonpublic
    40  school  with  the same computer hardware that is made available to chil-
    41  dren attending the public school  of  where  such  nonpublic  school  is
    42  located  as  provided by section seven hundred fifty-three of this arti-
    43  cle. All costs associated with this subdivision shall be  borne  by  the
    44  state in a similar apportionment pursuant to subdivision four of section
    45  seven hundred fifty-three of this article.
    46    § 12. Section 755 of the education law is REPEALED.
    47    § 13. Subdivision 3 of section 711 of the education law, as amended by
    48  section  7  of  part  B of chapter 57 of the laws of 2007, is amended to
    49  read as follows:
    50    3. No school district shall  be  required  to  purchase  or  otherwise
    51  acquire  school  library  materials,  the  cost of which shall exceed an
    52  amount equal to the library materials factor multiplied by  the  sum  of
    53  the  public school district enrollment [and the nonpublic school enroll-
    54  ment] in the base year as defined in  subparagraphs  two  and  three  of
    55  paragraph n of subdivision one of section thirty-six hundred two of this
    56  chapter.  For aid payable in the nineteen hundred ninety-eight--nineteen
        S. 4281                             5                            A. 3711

     1  hundred ninety-nine school year, the library materials factor  shall  be
     2  four  dollars.  For  aid payable in the two thousand seven--two thousand
     3  eight school year and thereafter, the library materials factor shall  be
     4  six dollars and twenty-five cents.
     5    § 14. Subdivision 4 of section 711 of the education law, as amended by
     6  section  4  of  part  C of chapter 58 of the laws of 1998, is amended to
     7  read as follows:
     8    4.  Commencing   July   first,   nineteen   hundred   [ninety   eight]
     9  ninety-eight,  the commissioner, in addition to the annual apportionment
    10  of public monies pursuant to  other  articles  of  this  chapter,  shall
    11  apportion  to  each  school  district an amount equal to the cost of the
    12  school library materials purchased by  the  district  pursuant  to  this
    13  section  in  the  base year, but in no case shall the aid apportioned to
    14  the district exceed the product of the library materials factor and  the
    15  sum of public school district enrollment, [nonpublic school enrollment,]
    16  and additional public enrollment as defined in subparagraphs two, three,
    17  and  six of paragraph n of subdivision one of section thirty-six hundred
    18  two of this chapter.   Aid payable pursuant to  this  section  shall  be
    19  deemed  final  and  not  subject  to change after April thirtieth of the
    20  school year for which payment was due.
    21    § 15. Section 711 of the education law is  amended  by  adding  a  new
    22  subdivision 5 to read as follows:
    23    5.  Notwithstanding any law, rule or regulation to the contrary, chil-
    24  dren attending a nonpublic school shall be  provided  by  the  nonpublic
    25  school  with the same school library materials that is made available to
    26  children attending the public school of where such nonpublic  school  is
    27  located.  All  costs  associated with this subdivision shall be borne by
    28  the state in a similar apportionment pursuant to subdivisions three  and
    29  four of this section.
    30    § 16. Section 712 of the education law is REPEALED.
    31    §  17.  Paragraph  b of subdivision 1 of section 3635 of the education
    32  law is REPEALED.
    33    § 18. Subdivision  2-a  of  section  3635  of  the  education  law  is
    34  REPEALED.
    35    §  19.  Section  3635  of the education law is amended by adding a new
    36  subdivision 9 to read as follows:
    37    9. Notwithstanding any law, rule or regulation to the contrary,  chil-
    38  dren  attending  a  nonpublic  school shall be provided by the nonpublic
    39  school with the same sufficient transportation services  that  are  made
    40  available  to children attending the public school of where such nonpub-
    41  lic school is located. All costs associated with this subdivision  shall
    42  be borne by the state in a similar apportionment pursuant to subdivision
    43  seven of section thirty-six hundred two of this article.
    44    § 20. The section heading, subdivision 1, paragraphs a and d of subdi-
    45  vision 2, subdivisions 3, 4, 6 and 10 of section 3602-c of the education
    46  law,  the  section  heading and subdivisions 3 and 6 as added by chapter
    47  593 of the laws of 1974, subdivision 1 as amended by chapter 740 of  the
    48  laws  of  1982, paragraphs a and d of subdivision 1 and subdivision 4 as
    49  amended by chapter 474 of the laws of 2004, paragraph c of subdivision 1
    50  as amended by chapter 301 of the laws of 1996, paragraph f  of  subdivi-
    51  sion  1  as added by chapter 378 of the laws of 2007, paragraphs a and d
    52  of subdivision 2 as amended by chapter 378 of  the  laws  of  2007,  and
    53  subdivision  10 as added by chapter 352 of the laws of 2005, are amended
    54  to read as follows:
    55    Apportionment of moneys to [school districts]  nonpublic  schools  for
    56  the  provision of services to pupils attending nonpublic schools partic-
        S. 4281                             6                            A. 3711

     1  ipating in specialized  educational  services.    1.  Definitions.  [As]
     2  Notwithstanding  any law, rule or regulation to the contrary, as used in
     3  this section the following terms are defined as follows:
     4    a.  "Services"  shall  mean instruction in the areas of gifted pupils,
     5  career education and education for students with disabilities, and coun-
     6  seling, psychological and social work services related to such  instruc-
     7  tion  provided  during  the regular school year for pupils enrolled in a
     8  nonpublic school [located in  a  school  district,  provided  that  such
     9  instruction  is  given  to pupils enrolled in the public schools of such
    10  district].
    11    b. "Gifted pupils" shall mean those pupils who show evidence  of  high
    12  performance capability and exceptional potential in areas such as gener-
    13  al  intellectual  ability,  special  academic  aptitude, and outstanding
    14  ability in visual and performing arts.  Such  definition  shall  include
    15  those children who require educational programs or services beyond those
    16  normally  provided  by  the  regular  school program in order to realize
    17  their full potential.
    18    c. "Career education" shall mean training or  retraining  designed  to
    19  prepare  individuals  [who  are entitled to attend the public schools of
    20  the state] without the payment of tuition pursuant to section thirty-two
    21  hundred two of [the education law] this chapter for  gainful  employment
    22  as semi-skilled or skilled workers or technicians or subprofessionals in
    23  recognized  occupations and in new or emerging occupations or to prepare
    24  pupils for enrollment in  advanced  technical  education  programs,  but
    25  excluding  any  program  to prepare pupils for employment in occupations
    26  which generally are considered professional or which require a baccalau-
    27  reate or higher degree; such training generally being grouped within the
    28  occupational fields of agriculture, business, distributive, health, home
    29  economics related, trade and technical education.
    30    d. "Education for  students  with  disabilities"  shall  mean  special
    31  educational  programs  designed to serve persons who meet the definition
    32  of children with disabilities set forth in subdivision  one  of  section
    33  forty-four hundred one of this chapter.
    34    e.  "Average  daily attendance" shall mean the total number of attend-
    35  ance days of pupils receiving services divided by the number of days the
    36  [public school] nonpublic school was  in  session  for  each  attendance
    37  period.  For  each such attendance period the total number of attendance
    38  days for each such pupil shall be determined by multiplying  the  number
    39  of days on which each such pupil was in attendance by the ratio obtained
    40  by  dividing the number of class periods of each such pupil by the total
    41  number of class periods, not to exceed  five,  operated  by  the  public
    42  school  during  the school day. Only pupils residing in this state shall
    43  be included in such computation.
    44    f. "School district of location" means the school  district  in  which
    45  the  nonpublic elementary or secondary school attended by the student is
    46  located.
    47    a. [Boards of education of all school  districts  of]  Notwithstanding
    48  any  law,  rule or regulation to the contrary, every certified nonpublic
    49  school in the state shall furnish services to students who are residents
    50  of this state and who attend nonpublic schools [located in  such  school
    51  districts], upon the written request of the parent or person in parental
    52  relation  of  any  such  student. Such a request for career education or
    53  services to gifted students shall be filed with the [board of  education
    54  of  the  school district] nonpublic school in which the parent or person
    55  in parental relation of the student resides on or before the  first  day
    56  of  June preceding the school year for which the request is made. In the
        S. 4281                             7                            A. 3711

     1  case of education for students with disabilities, such a  request  shall
     2  be filed with the [trustees or board of education of the school district
     3  of  location]  nonpublic school on or before the first of June preceding
     4  the  school  year  for  which the request is made, or by July first, two
     5  thousand seven for the two thousand  seven--two  thousand  eight  school
     6  year  only,  provided  that  where  a  student  is first identified as a
     7  student with a disability after the first  day  of  June  preceding  the
     8  school  year  for  which  the  request is made, or thirty days after the
     9  chapter of the laws of two thousand seven which amended this  paragraph,
    10  takes  effect  where  applicable, and prior to the first day of April of
    11  such current school year, such request shall be submitted within  thirty
    12  days  after such student is first identified. For students first identi-
    13  fied after March first of the current school year, any such request  for
    14  education for students with disabilities in the current school year that
    15  is  submitted on or after April first of such current school year, shall
    16  be deemed a timely request for such services  in  the  following  school
    17  year.
    18    [d.  In the case of career education and education of gifted students,
    19  the school district of residence shall contract with the school district
    20  in which the nonpublic school attended by the pupil is located, for  the
    21  provision of services pursuant to this section.]
    22    3.  [Boards  of education] Notwithstanding any law, rule or regulation
    23  to the contrary, nonpublic schools, with the consent of the commissioner
    24  of education, are authorized to [contract with] establish programs simi-
    25  lar to  boards  of  cooperative  educational  services  to  provide  the
    26  services  required  by  this act.   [Pupils receiving services under the
    27  provisions of this subdivision shall be deemed public school pupils  for
    28  the  purpose  of  determining  aid  pursuant to section nineteen hundred
    29  fifty of the education law.]  Any  such  pupil  who  attends  a  program
    30  offered by a board of cooperative educational services, and who does not
    31  attend classes in the schools of the district furnishing services, shall
    32  not be included in computing average daily attendance in such district.
    33    4.  [Boards  of education] Notwithstanding any law, rule or regulation
    34  to the contrary, nonpublic  schools  shall  provide  transportation  for
    35  pupils  receiving  gifted  or career education [between] provided by the
    36  nonpublic school [attended by such pupils and the  public  school  where
    37  such  services are provided if the distance between the nonpublic school
    38  and the public school exceeds one-fourth of a mile, except that;  boards
    39  of education shall provide transportation for pupils receiving education
    40  for  students  with disabilities under the provisions of this section in
    41  accordance with the needs of each such pupil]; and  state  aid  for  all
    42  such  transportation  shall  be  paid as though such transportation were
    43  furnished pursuant to the provisions  of  article  eighty-nine  of  this
    44  chapter,  except that such aid shall be paid at the rate of [ninety] one
    45  hundred percent of the actual cost of such transportation.
    46    6. [Boards of education] Nonpublic schools are authorized to determine
    47  by resolution which courses of instruction shall be offered, the  eligi-
    48  bility  of  pupils to participate in specific courses, and the admission
    49  of pupils. All pupils in like circumstances shall be treated similarly.
    50    10. State and local funds provided by the district of residence pursu-
    51  ant to this section shall supplement and in no case shall  supplant  the
    52  proportionate  amount  of  federal  funds required to be expended by the
    53  [school district in which the] nonpublic school attended by the  student
    54  is located pursuant to the individuals with disabilities education act.
    55    §  21. This act shall take effect immediately; provided, however, that
    56  the amendments to paragraph f of subdivision 1, paragraphs a  and  d  of
        S. 4281                             8                            A. 3711

     1  subdivision  2 and subdivision 10 of section 3602-c of the education law
     2  made by section twenty of this act shall not affect the repeal  of  such
     3  paragraphs  and subdivisions, respectively, and shall be deemed repealed
     4  therewith.