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A08023 Summary:

BILL NOA08023A
 
SAME ASNo Same As
 
SPONSORBenedetto
 
COSPNSR
 
MLTSPNSR
 
Amd §3204, Ed L
 
Directs the commissioner of education to conduct a study on incorporated nonpublic schools in the state; relates to nonpublic school compliance with instruction requirements.
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A08023 Actions:

BILL NOA08023A
 
06/05/2021referred to education
06/07/2021reported referred to rules
06/07/2021amend (t) and recommit to rules
06/07/2021print number 8023a
06/10/2021reported
06/10/2021rules report cal.785
06/10/2021ordered to third reading rules cal.785
06/10/2021passed assembly
06/10/2021delivered to senate
06/10/2021REFERRED TO RULES
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A08023 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8023A
 
SPONSOR: Benedetto
  TITLE OF BILL: An act in relation to authorizing the commissioner of education to conduct a study on incorporated nonpublic schools in the state; and to amend the education law, in relation to nonpublic school compliance with instruction requirements   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to authorize the commissioner to conduct a study on nonpublic schools incorporated in this state and provide that a nonpublic school shall be in compliance with certain state education law requirements if the nonpublic school is accredited by an accrediting agency approved by the Commissioner.   SUMMARY OF PROVISIONS: Section 1 authorizes the commissioner of education to conduct a study on all incorporated nonpublic schools in the state that are currently oper- ating, or which have applied for incorporation and which have not yet been approved, including nonpublic schools incorporated through filings with a county in the state, with the department of state, or with the state education department. Section 2 provides that the commissioner of education shall recognize and approve accreditation agencies. This section also provides that a nonpublic elementary or high school that is accredited or is in provi- sional status by an accreditation agency, which shall have the authority to approve such schools, based on the standards established by that agency, shall be deemed to be in full compliance with the requirements of section 3204 of education law. The commissioner may at any time revoke his or her approval of an accreditation agency for cause. Section 3 sets forth the effective date.   JUSTIFICATION: Education Law § 3204(2) requires that instruction for students in nonpublic schools shall be at. least substantially equivalent to the instruction given to minors of like age and attainments at the public schools of the city or district where the minor resides. After-updating the guidance for this topic and, subsequently, proposing regulations regarding substantially equivalent instruction in nonpublic schools in July 2019, the New York State Education Department (NYSED) received a high volume of public comments. In an effort to engage and gather input to inform policy decisions related to substantial equivalence, NYSED held six regional meetings in November and December 2020 with stakeholder's representative of the racial, linguistic, cultural and religious identities encompassed in New York's more than 1,800 religious and independent schools, as well as public school leaders from around the state. Each meeting centered on breakout group discussions to gather stakeholders' suggestions for, criteria and systems to ensure that schools are fulfilling their educa- tional obligations under the law. Stakeholders largely agreed that the process for determining substantial equivalency should be efficient, effective, and not redundant. To that end this this legislation will ensure that the state education depart- ment has the ability to determine the number of nonpublic schools currently incorporated in New York State. This legislation will also ensure that nonpublic schools operating in this state have the ability to be deemed in full compliance with education law requirements if they have been fully or provisionally accredited by an accreditation agency approved by the Commissioner of Education.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A08023 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8023--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 5, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
          Committee on Education -- reported and referred to  the  Committee  on
          Rules  --  committee  discharged,  bill  amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT in relation to  authorizing  the  commissioner  of  education  to
          conduct a study on incorporated nonpublic schools in the state; and to
          amend  the  education  law, in relation to nonpublic school compliance
          with instruction requirements
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  commissioner of education may conduct a study on all
     2  incorporated nonpublic schools in the state that are  currently  operat-
     3  ing, or which have applied for incorporation and which have not yet been
     4  approved,  including nonpublic schools incorporated through filings with
     5  a county in the state, with the department of state, or with  the  state
     6  education department. Such study shall include, but not be limited to:
     7    (i) the number of nonpublic schools incorporated in the state;
     8    (ii) the name of each nonpublic school;
     9    (iii)  whether  the  nonpublic  school is incorporated as a religious,
    10  independent non-profit, or independent for-profit school;
    11    (iv) the total enrollment of each nonpublic school;
    12    (v) the grade levels offered at each nonpublic school;
    13    (vi) the address of each nonpublic school;
    14    (vii) the name of the school district in which the nonpublic school is
    15  located;
    16    (viii) the basic educational data code of  the  nonpublic  school,  if
    17  available; and
    18    (ix)  whether  the  nonpublic  school is currently registered with the
    19  state education department.
    20    Upon completion, the commissioner of education shall deliver a  report
    21  of  the  findings of such study to the governor, the temporary president
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11777-04-1

        A. 8023--A                          2
 
     1  of the senate, the speaker of the assembly, the minority leader  of  the
     2  senate and the minority leader of the assembly.
     3    §  2.  Section  3204  of  the education law is amended by adding a new
     4  subdivision 6 to read as follows:
     5    6. Notwithstanding any law, rule, or regulation to the  contrary,  the
     6  commissioner  shall recognize and approve accreditation agencies for the
     7  purpose of fulfilling  the  requirements  of  subdivision  two  of  this
     8  section.  A nonpublic elementary or high school that is accredited or is
     9  in provisional status by an accreditation agency, which shall  have  the
    10  authority to approve such schools, based on the standards established by
    11  that  agency, shall be deemed to be in full compliance with the require-
    12  ments of this section. The commissioner may at any time  revoke  his  or
    13  her approval of an accreditation agency for cause.
    14    § 3. This act shall take effect immediately.
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