Directs the commissioner of education to conduct a study on incorporated nonpublic schools in the state; relates to nonpublic school compliance with instruction requirements.
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.
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.
