BILL NUMBER: S6596
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the education law, in relation to compliance with
substantially equivalent education by nonpublic schools
 
PURPOSE:
The purpose of this bill is to clarify that nonpublic schools must
provide an education to their students that is substantially equivalent
to public schools students and to require that such nonpublic schools
certify they are complying with the substantially equivalent standard or
they will be prohibited from receiving any state public funding.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 2 of Section 3204 of the Education Law to
clarify that the State Education Department has an affirmative obli-
gation, including undertaking regular reviews of nonpublic schools'
curriculum and instruction, to ensure such nonpublic schools are provid-
ing a substantially equivalent education to their students. It removes
language that establishes a different standard of education for nonpub-
lic schools that are non-profit corporations, have a bilingual program,
and have an educational program that extends for a prescribed period
each day. The bill provides criteria for the State Education Department
to consider in determining whether a nonpublic school is providing.a
substantially equivalent education. It also provides that any nonpublic
school that is to receive mandated services aid or other state funds
must certify to the Commissioner of Education that it provides instruc-
tion that is substantially equivalent to the instruction given to pupils
of like age and attainments to the public schools of the city or
district where the student resides. Any nonpublic school that inten-
tionally or negligently makes a false certification must return any
state funds received for the period to which such certification applies
and shall be ineligible to receive any state funds for the applicable
period, and shall further return and be ineligible to receive any state
funds for five years following the period for which the false certif-
ication was applicable.
Section 2 is the effective date.
 
JUSTIFICATION:
Certain nonpublic schools have failed to provide the fundamental educa-
tion to their students that is necessary for such students to succeed
and to be productive members of their communities. For instance, an
inquiry by the New York City Department of Education, which concluded in
2019, found that many nonpublic school students are not learning
English, math, history, science, or other secular subjects and that 26
out of the 28 schools they investigated failed to meet the basic stand-
ards for a secular education. The casualties of these failures are the
students, not the institutions that reap millions of dollars in state
funding that would be better directed to deserving schools that strive
to provide a sound education. At a time when education dollars are under
increasing threat for reductions, it is necessary to ensure that nonpub-
lic schools provide the substantially equivalent education that is
already required of them and, if they do not, such schools will not
qualify for state funds. For nonpublic schools which satisfy their
education mandate, this will not be an issue, but for those that
routinely subvert the education that their students need, this legis-
lation will hold them accountable.
This bill would also repeal the existing statutory provisions which
allow certain nonpublic schools to develop a curriculum that is inferior
to public schools and other nonpublic schools. Through this change, the
bill will help ensure that these nonpublic schools do not establish or
perpetuate a separate, but unequal education for their students. There
is no reason that any nonpublic schools should be authorized and encour-
aged to provide a lesser curriculum. For nonpublic schools that are
dedicated to the education of their students, these amendments will not
affect their educational mission and they will continue to be able to
provide an education that is equal to or better than public schools.
Accordingly, this bill will remove a potential loophole to an inferior
education and instead ensure that all schools are held to an equitable
educational standard.
 
LEGISLATIVE HISTORY:
2023-2024: S.5462 - Referred to Education
2021-2022: S.6423 - Referred to Education/A.7055 - Referred to Education
 
STATE AND LOCAL FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S6596: 3204 education law, 3204(2) education law