Establishes a temporary commission to examine and review the degree of segregation in primary and secondary schools

1 Co-sponsor

• Velmanette Montgomery

BILL NUMBER:S3344

Title of bill

An act creating a temporary state commission to examine the degree and effect of segregation in primary and secondary schools; and providing for the repeal of such provisions upon expiration thereof

Purpose or general idea of bill

Authorizes the state department of education to investigate the degree and effect of segregation in New York's primary and secondary schools, and make subsequent recommendations to the governor and legislature.

Summary of specific provisions

Section 1 of this bill establishes the commission within the education department. This section also outlines the powers of the commission to appoint a director and staff, to conduct investigations, to conduct hearings, to subpoena witnesses, administer oaths, and procure documents as deemed relevant to an investigation, and to submit their findings to the governor and legislature.

Section 2 sets the rules by which the members of the commission shall be appointed, and by which vacancies may be fulfilled; and the term limits of such members.

Section 3 provides for the reimbursement of reasonable expenses by members of the commission.

Section 4 enables the commission to obtain cooperation from all bodies within the state government.

Justification

Segregation within public schools has been a problem that state governments have been trying to eliminate for decades. More than fifty years have passed since the Supreme Court decided the landmark case of Brown v. Board of Education. There still remains a high degree of racial separation in many of New York's Public schools. According to information based on The 2003 Civil Rights Project conducted by Harvard University, A MULTIRACIAL SOCIETY WITH SEGREGATED SCHOOLS: ARE WE LOSING THE DREAM? New York State ranks number one in the most segregated states for black students' category.

Segregation likely contributes to the resultant inequality in funding and educational achievement gaps seen in many minority school districts.

The establishment of a temporary, state-supported, nonpartisan commission will serve to address this critical issue directly. The commission's powers will enable it to bring specific incidents of segregation to the attention of the governor and state legislature, and recommend legislative action should a detailed investigation prove such action to be necessary. By doing such, the state will have taken a major step in ensuring an equal opportunity for all of its students to be educated.

Prior legislative history

2009-10: A.3750/S.5045 - Referred to Assembly Education/Senate Finance 2007-08: A.4150/S.2119 - Referred to

Education/Senate Finance 2005-06: A.1793A/S987- Referred to Assembly Education Committee/Senate Finance 2004: A.8402A/A.6090 - Reported to Ways & Means/Senate Finance

Fiscal implications

To be determined.

Effective date

July 1, 2013, with provisions.