Sponsor: SERRANO

Same as: A8938

Committee: RULES

Law Section: Education Law

S5878 Summary

Act: AN ACT to amend the education law, in relation to directing the commissioner of education to conduct an audit and report on statewide compliance with state instructional regulations for arts education and to establish a remediation process for schools found to be out of compliance

S5878 Actions

"Same as" Actions for Bill A8938
Jun 16, 2009 referred to education

S5878 Memo

 BILL NUMBER:  S5878

 TITLE OF BILL :
An act to amend the education law, in relation to directing the
commissioner of education to conduct an audit and report on statewide
compliance with state instructional regulations for arts education and
to establish a remediation process for schools found to be out of
compliance


 PURPOSE OR GENERAL IDEA OF THE BILL :
Directs the commissioner of education to conduct an audit and report
on statewide compliance with state instructional regulations for arts
education.

 SUMMARY OF PROVISIONS :
* The commissioner of the State Education Department is required to
conduct a statewide audit of compliance for arts instruction.

* The commissioner of the State Education Department is responsible
for requiring that every non-compliant school develop a corrective
action plan.

 JUSTIFICATION :
According to Part 100 of the Regulations of the Commissioner of
Education, students are to receive instruction designed to facilitate
the attainment of the State elementary learning standards in the arts,
including dance, music, theater and visual arts. The instructional
requirements track to the percentage of weekly school time allocated
to the arts at the elementary level, units of study at the
intermediate and commencement levels, and availability of three or
five-unit sequences in the arts at the commencement level.
Furthermore, it is recommended that instruction be provided by a
licensed arts teacher.

As there is no comprehensive accounting of arts instruction provided
by the state's public schools, it is not clear if schools and
districts are in compliance the state regulations. In New York City,
where reporting on arts education offerings began after the 2006-2007
school year, data provided by the New York City Department of
Education for the 2007-2008 school year revealed that only 8% of
elementary schools were in a position to provide the minimum that is
required by the State of New York by offering all four art forms in
each grade. Additionally, less than half of New York City middle
schools are ensuring that all students are completing the state
requirements.  This bill is an important step towards ensuring that
the arts are a significant part of our youth's learning experience.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

S5878 Text

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5878

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                     June 15, 2009
                                      ___________

       Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules

       AN ACT to amend the education law, in relation to directing the  commis-
         sioner  of  education  to  conduct  an  audit  and report on statewide
         compliance with state instructional regulations for arts education and
         to establish a remediation process for schools  found  to  be  out  of
         compliance

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The education law is amended by adding a new section 815 to
    2  read as follows:
    3    S 815. THE COMMISSIONER SHALL BE AUTHORIZED AND REQUIRED TO CONDUCT  A
    4  STATEWIDE  AUDIT OF COMPLIANCE WITH STATE EDUCATION REGULATIONS FOR ARTS
    5  INSTRUCTION. THE BOARD OF EDUCATION OR TRUSTEES OF ALL SCHOOL  DISTRICTS
    6  SHALL COMPLY WITH REQUESTS BY THE DEPARTMENT FOR SUCH INFORMATION DEEMED
    7  RELEVANT  BY  THE  DEPARTMENT.  SUCH  ASSESSMENT  SHALL BE CONDUCTED AND
    8  REPORTED TO THE LEGISLATURE AND THE PUBLIC BY JUNE, TWO THOUSAND TEN FOR
    9  THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR AND EVERY FIVE YEARS
   10  THEREAFTER.
   11    S 2. Section 805 of the education law  is  amended  by  adding  a  new
   12  subdivision 9 to read as follows:
   13    9.  IT SHALL BE THE DUTY OF THE COMMISSIONER TO REQUIRE THAT THE BOARD
   14  OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT THAT IS FOUND TO BE OUT
   15  OF COMPLIANCE WITH STATE INSTRUCTIONAL REGULATIONS  FOR  ARTS  EDUCATION
   16  DEVELOP A CORRECTIVE ACTION PLAN THAT DESCRIBES  STEPS TO ENSURE COMPLI-
   17  ANCE  WITH  STATE  REQUIREMENTS  WITH  A TIMETABLE FOR IMPLEMENTATION OF
   18  STEPS WITHIN TWELVE MONTHS OF  THE  AUDIT.  THE  COMMISSIONER  SHALL  BE
   19  REQUIRED  TO  REVIEW  AND  APPROVE ALL ACTION PLANS AND FACILITATE THEIR
   20  IMPLEMENTATION AND MAKE AN ANNUAL REPORT  TO  THE  LEGISLATURE  AND  THE
   21  PUBLIC ON PROGRESS AT THOSE SCHOOLS.
   22    S 3. This act shall take effect immediately.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14238-01-9