What's happening
This bill requires non-public schools in New York to submit biennial reports verifying their instruction is substantially equivalent to public schools, with oversight, investigations, and penalties for noncompliance.
Why it matters
Ensures greater oversight and transparency. By mandating detailed, biennial reports from school districts about non-public schools, the bill increases public accountability regarding what is being taught and the quality of education in private settings.
Defines clear investigative and enforcement mechanisms. The bill lays out a structured process for state intervention if non-public schools or school districts fail to comply, including direct investigations, timelines for corrective action, and the withdrawal of public services if deficiencies aren't remedied.
Potentially impacts parental choices and student placement. Parents whose children attend non-compliant non-public schools would be required to transfer them to schools meeting state standards, directly affecting families’ educational options and possibly disrupting student communities.
Standardizes data collection and reporting. The law would require thorough documentation on curriculum, enrollment, safety, and compliance for every non-public school, fostering consistency in data across the state and enabling easier identification of schools not meeting educational standards.
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Who cares
Headline styles
Hold Non-Public Schools Accountable
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to education
- Committee discharged and committed to education
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Nonpublic Schools Must File Reports
In Assembly Committee · Education · Sponsor Ellen C. Jaffee
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1366
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sens. CARLUCCI, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the education law, in relation to requiring a state standards report to be filed by all non-public schools
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3204 of the education law is amended by adding a new subdivision 1-a to read as follows:
1-a. Office of non-public school services. (a) The office of non-public school services within the department shall verify no later than the first of August of each year ending in an even number that every school district has submitted a certified state standards report for the preceding two years. The state standards report shall certify that instruction given to all minors elsewhere than public schools within the school district is 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 and shall be signed by the superintendent of schools and approved by majority vote of the board of education.
(b) The office of non-public school services shall create and revise a document titled the state standards report. The state standards report, which is to be completed by the superintendent of every school district for each non-public school in such district, will assist and guide the school district in determining that all resident children attending a school other than a public school receive instruction from competent teachers and is at least substantially equivalent to the instruction given to minors of like age and attainments at the public schools where the minor resides.
(c) The commissioner shall issue a district compliance report, on or before the first of September of each year ending in an even number, to be posted on the department website, which details the following: (i)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01795-01-7
S. 1366 2
which school districts have failed to submit the state standards report; (ii) which school districts have substantially equivalent instruction in all of their non-public schools; (iii) which school districts do not have substantially equivalent instruction in all of their non-public schools; (iv) which school districts were unable to determine the equivalency of instruction in all of their non-public schools; (v) which non-public schools are not providing substantially equivalent instruction; (vi) which non-public schools have failed to cooperate in the completion of their school district's state standards report; (vii) which non-public schools are providing substantially equivalent instruction; and (viii) any other information the commissioner deems necessary.
(d) A school district which does not submit the state standards report within ninety days of the first of August of each year ending in an even number shall require the commissioner to initiate an investigation and make a determination of the substantial equivalency of instruction at all non-public schools within the school district within one hundred eighty days of such date. As a result of the commissioner's investigation, non-public schools within such district that are determined by the commissioner to provide substantially equivalent instruction shall have their status updated to reflect such determination by the commissioner and non-public schools within such district that do not provide substantially equivalent instruction may be given a reasonable amount of time to remedy any deficiencies identified by the commissioner. The commissioner may order a schedule for such school to remedy such identified deficiencies. Failure of such school to remedy such deficiencies within the ordered schedule will result in a determination that such school does not provide substantially equivalent instruction. Upon a determination by the commissioner that a non-public school does not provide substantially equivalent instruction, notice in writing shall be provided, within thirty days, to the administrator of the non-public school and the parents or guardians of pupils attending that school and the school district. Children attending a non-public school that does not provide substantially equivalent instruction will be considered truant. Parents and guardians of pupils shall transfer their children to either a public school or a non-public school that has been identified as providing substantially equivalent instruction as of the most recently submitted state standards report, within thirty days of notification of the commissioner's determination. All transportation, textbooks, health services and other services provided by the board of education to a non-public school, that the commissioner determines does not provide substantially equivalent instruction, will be withdrawn no later than forty-five days after notification of such determination but not less than thirty days.
(e) The commissioner shall create, maintain and supervise an office of non-public school services within the department and shall allocate sufficient staffing and resources to achieve the requirements of this section.
(f) Non-public school administrators shall assist and cooperate with superintendents and boards of education in the completion and submission of the state standards report.
(g) School districts shall submit an updated state standards report to the office of non-public schools services every two years. The superintendent of every school district shall have the duty to submit the state standards report pursuant to this subdivision, provided, however, each superintendent may coordinate and obtain the assistance of others,
S. 1366 3
including but not limited to BOCES in the completion of the state standards report.
(h) The state standards report shall, for each non-public school in the district, include, but not be limited to, the following: (i) that each non-public school building in the district is a safe place for children, with the latest fire inspection report for each non-public school in the district or, in New York city, a certificate of occupancy issued by the New York city department of buildings for each non-public school in the district; (ii) a list of names of pupils from the district who are attending non-public schools within the district for the past two years and which non-public schools they are attending; (iii) copies of school calendars for the past two years and the upcoming year for each non-public school in the district; (iv) a list of grade levels and the total enrollment at each grade level for each of the non-public schools in the district over the past two years; (v) a list of courses and subjects which were taught at each grade level at each non-public school over the past two years; (vi) how each non-public school within the district, over the past two years, was able to instruct their pupils in the required subjects of: arithmetic, English language, reading, spelling, writing, music, geography, health education, physical education, science, United States history, New York State history and visual arts for grades one through six; English, social studies, science, mathematics, physical education, health education, New York State history, visual arts, music, practical arts, technology education, home and career skills and library and information skills for grades seven through eight; English, social studies including a year of American history, mathematics, science, health, physical education, art and music for grades nine through twelve; (vii) how many times the superintendent visited each of the non-public schools in the district; (viii) how many hours of the day are spent on instruction of each of the required subjects for each grade listed in subparagraph (vi) of this paragraph and which textbooks were utilized in such instruction at each of the non-public schools; and (ix) a list of all non-public schools in the school district.
(i) The commissioner may at her or his discretion initiate an investigation into the substantial equivalency of instruction at any non-public school and make a determination of whether instruction is substantially equivalent based on the findings of such investigation.
(j) The commissioner shall initiate an investigation into the substantial equivalency of instruction at any non-public school that is identified in the state standards report as: (i) not providing substantially equivalent instruction; and (ii) not cooperating with the completion of their school district's state standards report, within ninety days of submission of the state standards report. The commissioner may make a determination of whether instruction is substantially equivalent based on the findings of such investigation.
§ 2. This act shall take effect on the first of July next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to requiring a state standards report to be filed by all non-public schools
Purpose or general idea of bill
To assist superintendents in ensuring that the education provided to children attending nonpublic schools is substantially equivalent to that of a public school.
Summary of specific provisions
This bill would allow the Education Commissioner to determine whether specific nonpublic schools are providing a substantially equivalent education to that of public schools. The Office of Nonpublic Schools would be responsible for assisting superintendents in preparing a State Standards Report. Once the report is completed and submitted to the Commissioner a determination, based on the information provided, will be made as to whether or not the nonpublic school is providing a substantially equivalent education to that of a public school. If it is found that a nonpublic school is not providing substantially equivalent instruction, the students attending will be required to transfer to a school that has been determined to be providing substantially equivalent education and the transportation, textbooks, health services and other services provided by the board of education will then be withdrawn.
Justification
Parents of students in nonpublic schools and former students who attended said schools cited a failure of several nonpublic schools to provide them with a sound, basic education substantially equivalent to their public schools.
While education guidelines strongly recommend that the superintendent of schools of the district in which the nonpublic school is located undertake the review to determine equivalency, it is often complicated, overwhelming and time consuming to undertake such an endeavor while managing the public schools. The guidelines also recommend that the superintendent can ask others to assist in this process. This legislation would provide resources and assistance to superintendents to ensure all students receive a substantial education.
Legislative history
S7629A/A9947A
Fiscal implications
To be determined.
Effective date
On the first day of July next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.