Bill Text: NY A07055 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires compliance with substantially equivalent education by nonpublic schools; outlines new requirements.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2022-01-05 - referred to education [A07055 Detail]
Download: New_York-2021-A07055-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7055 2021-2022 Regular Sessions IN ASSEMBLY April 21, 2021 ___________ Introduced by M. of A. SEAWRIGHT -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to compliance with substantially equivalent education by nonpublic schools The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 3204 of the education law, as 2 amended by section 1 of part SSS of chapter 59 of the laws of 2018, is 3 amended to read as follows: 4 2. Quality and language of instruction; text-books. (i) Instruction 5 may be given only by a competent teacher. In the teaching of the 6 subjects of instruction prescribed by this section, English shall be the 7 language of instruction, and text-books used shall be written in 8 English, except that for a period of three years, which period may be 9 extended by the commissioner with respect to individual pupils, upon 10 application therefor by the appropriate school authorities, to a period 11 not in excess of six years, from the date of enrollment in school, 12 pupils who, by reason of foreign birth or ancestry have limited English 13 proficiency, shall be provided with instructional programs as specified 14 in subdivision two-a of this section and the regulations of the commis- 15 sioner. The purpose of providing such pupils with instruction shall be 16 to enable them to develop academically while achieving competence in the 17 English language. Instruction given to a minor elsewhere than at a 18 public school shall be at least substantially equivalent to the instruc- 19 tion given to minors of like age and attainments at the public schools 20 of the city or district where the minor resides. 21 (ii) For purposes of [considering] determining substantial equivalence 22 pursuant to this subdivision for nonpublic elementary and middle schools 23 [that are: (1) non-profit corporations, (2) have a bi-lingual program,24and (3) have an educational program that extends from no later than nine25a.m. until no earlier than four p.m. for grades one through three, andEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10848-01-1A. 7055 2 1no earlier than five thirty p.m. for grades four through eight, on the2majority of weekdays], the department shall consider the following[, but3not limited to: if the curriculum provides academically rigorous4instruction that develops critical thinking skills in the school's5students, taking into account the entirety of the curriculum, over the6course of elementary and middle school, including instruction in English7that will prepare pupils to read fiction and nonfiction text for infor-8mation and to use that information to construct written essays that9state a point of view or support an argument; instruction in mathematics10that will prepare pupils to solve real world problems using both number11sense and fluency with mathematical functions and operations; instruc-12tion in history by being able to interpret and analyze primary text to13identify and explore important events in history, to construct written14arguments using the supporting information they get from primary source15material, demonstrate an understating of the role of geography and16economics in the actions of world civilizations, and an understanding of17civics and the responsibilities of citizens in world communities; and18instruction in science by learning how to gather, analyze and interpret19observable data to make informed decisions and solve problems mathemat-20ically, using deductive and inductive reasoning to support a hypothesis,21and how to differentiate between correlational and causal22relationships]: (1) for grades one through six: mathematics, including 23 arithmetic, science, and technology (concepts of science, mathematics, 24 social science, and language arts in a hands-on, systems-based approach 25 to problem solving that guides students in the understanding, design, 26 and development of systems, devices, and products to serve human needs 27 and wants); English language arts, including reading, writing, listen- 28 ing, and speaking; social studies, including geography and United States 29 history; the arts; career development and occupational studies; health 30 education, physical education, and family and consumer sciences. 31 Instruction in these subjects may be integrated or incorporated into the 32 syllabus or syllabi of other courses; and, 33 (2) for grades seven and eight: mathematics (two units of study); 34 English language arts (two units of study); social studies (two units of 35 study); science (two units of study); career and technical education, 36 wherein the unit of study requirement may be initiated in grade 5 (one 37 and three-fourths units of study); physical education (similar courses 38 of instruction to those required in public schools pursuant to section 39 135.4 of NYCRR); health education (one-half unit of study); visual arts 40 (one-half unit of study); music (one-half unit of study); library and 41 information skills, which may be incorporated or integrated into any 42 other subjects (the equivalent of one period per week in grades seven 43 and eight); career development and occupational studies, which may be 44 incorporated or integrated into any other subjects. 45 (iii) For purposes of [considering] determining substantial equiv- 46 alence pursuant to this subdivision for nonpublic high schools [that:47(1) are established for pupils in high school who have graduated from an48elementary school that provides instruction as described in this49section, (2) are a non-profit corporation, (3) have a bi-lingual50program, and (4) have an educational program that extends from no later51than nine a.m. until no earlier than six p.m. on the majority of week-52days], the department shall consider the following [but not limited to]: 53 [if the curriculum provides academically rigorous instruction that54develops critical thinking skills in the school's students, the outcomes55of which, taking into account the entirety of the curriculum, result in56a sound basic education] for grades nine through twelve: instruction inA. 7055 3 1 English (four units of study); social studies (four units of study); 2 mathematics (three units of study); science (three units of study); 3 health (one-half unit of study); physical education (two units of 4 study); the arts (one unit of study). 5 (iii-a) For purposes of determining substantial equivalence pursuant 6 to this subdivision for nonpublic schools, the department shall consid- 7 er whether the nonpublic school meets other statutory instructional 8 requirements, including: 9 (1) for all students over eight years of age, a similar course of 10 instruction to the course of instruction in patriotism and citizenship 11 required in public schools pursuant to subdivision one of section 801 of 12 this chapter; 13 (2) for all students grades eight and higher, a similar course of 14 instruction to the course of instruction in the history, meaning, 15 significance, and effect of the provisions of the Constitution of the 16 United States and the amendments thereto, the Declaration of Independ- 17 ence, and the Constitution of the State of New York and the amendments 18 thereto required in public schools pursuant to subdivision two of 19 section eight hundred one of this chapter; 20 (3) for all students over the age of eight, subject to subdivision 21 five of this section, a similar course of instruction to the course of 22 instruction in the development of character, citizenship, physical 23 fitness, health, and the worthy use of leisure required in public 24 schools pursuant to subdivision four of section eight hundred three of 25 this chapter; 26 (4) for all students, subject to subdivision five of this section, 27 instruction in health education relating to mental health, alcohol, 28 drug, and tobacco abuse and the prevention and detection of certain 29 cancers as required by section eight hundred four of this chapter; 30 (5) for all students, a similar course of instruction to the course of 31 instruction in highway safety and traffic regulation required in public 32 schools by section eight hundred six of this chapter; 33 (6) for all students in grades one through eight, instruction in New 34 York state history and civics as required by subdivision three of this 35 section; 36 (7) for all students, instruction in fire drills, fire and arson 37 prevention, injury prevention and life safety education pursuant to 38 sections eight hundred seven and eight hundred eight of this chapter; 39 and, 40 (8) for students in senior high school, instruction in hands-only 41 cardiopulmonary resuscitation and the use of an automated external defi- 42 brillator pursuant to subdivision fifty-two of section 305 of this chap- 43 ter. 44 (iv) [Nothing herein shall be construed to entitle or permit any45school to receive an increase in mandated services aid pursuant to 846NYCRR 176 on account of providing a longer school day] Any nonpublic 47 school that shall receive mandated services aid or other state funds 48 must certify to the satisfaction of the commissioner that it provides 49 instruction that is at least substantially equivalent to the instruction 50 given to pupils of like age and attainments to the public schools of the 51 city or district where the minor resides. Any nonpublic school that 52 intentionally or negligently makes a false certification shall return 53 any state funds received for the period to which such certification 54 applies and shall be ineligible to receive any state funds for the 55 applicable period, and shall further return and be ineligible to receiveA. 7055 4 1 any state funds for five years following the period for which the false 2 certification was applicable. 3 (v) The commissioner shall be the entity that determines whether 4 nonpublic elementary, middle and [secondary] high schools are in compli- 5 ance with the academic requirements set forth in paragraphs (ii) [and], 6 (iii) and (iii-a) of this subdivision and shall undertake regular 7 reviews to ensure compliance with the substantial equivalence require- 8 ments provided pursuant to this subdivision. 9 § 2. This act shall take effect immediately.