STATE OF NEW YORK
        ________________________________________________________________________

                                          5784

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 25, 2021
                                       ___________

        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Governmental Operations

        AN ACT to amend the executive law, in relation to certain discriminatory
          practices; and to amend the education law, in relation to  the  quali-
          fication of professionals in education

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

     1    Section 1. Section 296 of the executive law is amended by  adding  two
     2  new subdivisions 23 and 24 to read as follows:
     3    23. It shall be an unlawful discriminatory practice for an employer or
     4  licensing  agency to bar any member of a protected class from employment
     5  opportunity by violating an established law or policy  that  would  have
     6  provided such member of the protected class with equal employment oppor-
     7  tunity.
     8    24.  The  only legitimate business or occupational necessity exemption
     9  for excluding a protected class from equal employment opportunity  shall
    10  be a real occupational qualification.
    11    §  2.  Section  292  of  the  executive law is amended by adding a new
    12  subdivision 31 to read as follows:
    13    31. The term "real occupational  qualification",  when  used  in  this
    14  article,  means  the  possession of a governmentally or privately issued
    15  certification, license, diploma, or degree, or a scored  examination  or
    16  assessment  of  knowledge or skills necessary for the vacant position of
    17  employment.
    18    § 3. The education law is amended by adding a new  section  3009-a  to
    19  read as follows:
    20    §  3009-a. Hiring outstanding professionals in education. 1. No person
    21  shall be appointed to a certificated position in a public school  unless
    22  the  position  was publicly advertised for a minimum of fourteen consec-
    23  utive days within the period  of  ninety  days  prior  to  the  date  of
    24  appointment.  The fourteen consecutive days may only be reduced to seven

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09386-01-1

        A. 5784                             2

     1  consecutive days to appoint a classroom teacher within the fourteen days
     2  prior to the first day of student attendance in August or September.
     3    2. No person shall be appointed to a certificated position in a public
     4  school  without having applied for the certificated position in response
     5  to a public advertisement of the certificated position on or before  the
     6  published deadline.
     7    3.  No person shall be appointed to a certificated position prior to a
     8  school-conducted examination or scored assessment of fitness of at least
     9  two different persons for the specific certificated position. Such exam-
    10  inations or scored assessments of fitness may be, but  are  not  limited
    11  to,  one-to-one interviews, panel interviews, content area examinations,
    12  writing samples, demonstration lessons, and  sample  lesson  plans  with
    13  records  of such examinations or scored assessments physically filed for
    14  a minimum of seven years and electronically filed permanently.
    15    4. No person shall be appointed to  a  certificated  position  without
    16  possessing  the  requisite  certificate  for  the  certificated position
    17  according to commissioner regulations.
    18    5. No person shall be appointed to a certificated position in a public
    19  school because of affinity for or animus against a race,  creed,  color,
    20  national origin, sex, marital status, sexual orientation, gender identi-
    21  ty  or expression, or disability, as such term is defined in section two
    22  hundred ninety-two of the executive law.
    23    6. The notice of employment opportunity for  a  certificated  position
    24  located in subdivision one of this section shall be deemed a civil right
    25  for  persons  who hold the requisite certification, according to commis-
    26  sioner regulations, for the certificated position.
    27    7. Persons appointed to certificated positions outside of the require-
    28  ments set forth in this section shall be unqualified for  the  appointed
    29  certificated position for all purposes of this chapter.
    30    §  4.  Section  3009  of  the education law is amended by adding a new
    31  subdivision 3 to read as follows:
    32    3. As used in this section, "teacher" refers to any person employed in
    33  a position requiring a certificate from the office of teaching.
    34    § 5. The education law is amended by adding a new section 3039 to read
    35  as follows:
    36    § 3039. Discrimination based on  affinity  for  or  animus  against  a
    37  protected  class  is prohibited. Notwithstanding any provision of law to
    38  the contrary, no board of education in any city, union free,  common  or
    39  central school district in this state shall hereafter prohibit, prevent,
    40  disqualify  or  discriminate  against  any  person who is physically and
    41  mentally qualified from competing, participating, or registering for  an
    42  examination  for  or from qualifying for, a position licensed or certif-
    43  icated by the department, or be excluded from and denied  equal  employ-
    44  ment opportunity, or penalized in a final rating by reason of his or her
    45  membership  in a protected class or retaliation after he or she formally
    46  alleged discrimination. Any such rule,  requirement,  resolution,  regu-
    47  lation,  penalization,  exclusion, denial, discrimination or retaliation
    48  of such board or its employees shall be void. Nothing contained in  this
    49  section  shall  prevent such board from adopting reasonable requirements
    50  for positions, except where such requirements  for  such  positions  are
    51  already limited and prescribed by law.
    52    § 6. This act shall take effect immediately.