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

                                  3907

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, MARKEY, MILLMAN, COLTON, J. RIVERA,
  MAISEL, ABBATE, PHEFFER,  BROOK-KRASNY,  CLARK,  LUPARDO,  MAGNARELLI,
  ALESSI,  GUNTHER,  BOYLAND, BRADLEY, DINOWITZ -- Multi-Sponsored by --
  M.  of  A.  BENEDETTO,  CHRISTENSEN,  DESTITO,  EDDINGTON,  GOTTFRIED,
  JACOBS,  LATIMER,  McENENY,  OAKS,  PAULIN, REILLY, STIRPE, SWEENEY --
  read once and referred to the Committee on Aging

AN ACT to amend the elder law, in relation to establishing an  intergen-
  erational educational and mentoring service program

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

  Section 1. The elder law is amended by adding a new article 4 to  read
as follows:
                                ARTICLE IV
                      INTERGENERATIONAL EDUCATIONAL
                          AND MENTORING SERVICE
                                 PROGRAM
SECTION 401. DEFINITIONS.
        402.  LOCAL  INTERGENERATIONAL EDUCATIONAL AND MENTORING SERVICE
               PROGRAMS.
        403. DUTIES OF THE DIRECTOR.
        404. FUNDING.
        405. REPORT.
  S 401. DEFINITIONS. AS USED IN THIS SECTION:
  1. "ADVISORY COMMITTEE" SHALL MEAN  THE  ADVISORY  COMMITTEE  FOR  THE
AGING ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TEN OF THIS CHAPTER.
  2.  "DESIGNATED  AGENCY" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO
SUCH TERM BY PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  TWO  HUNDRED
FOURTEEN OF THIS CHAPTER.
  3. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE FOR THE AGING.
  4.  "INTERGENERATIONAL EDUCATIONAL AND MENTORING PROGRAM" SHALL MEAN A
STATEWIDE PROGRAM ADMINISTERED BY THE DIRECTOR, IN CONSULTATION WITH THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07108-01-9
              

A. 3907                             2

COMMISSIONER OF EDUCATION, THAT COORDINATES A NETWORK OF LOCAL INTERGEN-
ERATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAMS.
  5. "LOCAL INTERGENERATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAM"
SHALL  MEAN  A  LOCAL PROJECT THAT IS SELECTED BY THE DIRECTOR TO BE THE
LEAD AGENCY IN EACH COMMUNITY TO  COORDINATE  THE  DELIVERY  OF  SUPPORT
SERVICES BY MEMBERS IN LOCAL ELEMENTARY SCHOOLS.
  6.  "MEMBER" SHALL MEAN AN INDIVIDUAL FIFTY-FIVE YEARS OF AGE OR OLDER
WHO VOLUNTEERS AND PARTICIPATES IN THE ACTIVITIES OF A LOCAL INTERGENER-
ATIONAL EDUCATIONAL AND MENTORING SERVICE  PROGRAM  ASSISTING  STUDENTS.
PROVIDED THAT NO PERSON, WHO REPLACES ANY WORKER PROVIDING SUCH SERVICES
UNDER  A  CONTRACT WITH A COLLECTIVE BARGAINING UNIT, SHALL BE DEEMED TO
BE A MEMBER.
  7. "OFFICE" SHALL MEAN THE OFFICE FOR THE AGING.
  S 402.  LOCAL  INTERGENERATIONAL  EDUCATIONAL  AND  MENTORING  SERVICE
PROGRAMS.  THE  OFFICE,  THROUGH  THE  INTERGENERATIONAL EDUCATIONAL AND
MENTORING SERVICE PROGRAM, SHALL PROVIDE ALL SUPPORT AND  ASSISTANCE  TO
LOCAL  INTERGENERATIONAL  EDUCATIONAL  AND  MENTORING  SERVICE  PROGRAMS
NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS  ARTICLE.  THE  DIRECTOR
SHALL, THROUGH LOCAL INTERGENERATIONAL EDUCATIONAL AND MENTORING SERVICE
PROGRAMS,  OFFER  ADULTS  AGE  FIFTY-FIVE  OR OLDER PLACEMENT IN SERVICE
POSITIONS ASSISTING STUDENTS IN ELEMENTARY SCHOOL.   SUCH SERVICE  POSI-
TIONS SHALL INCLUDE RESULT-ORIENTED TUTORING, MENTORING AND OTHER EDUCA-
TIONAL  SUPPORT  FOR CHILDREN AND YOUTH IN NEED.  THE LOCAL INTERGENERA-
TIONAL EDUCATIONAL AND  MENTORING  SERVICE  PROGRAM  SHALL  PROVIDE  ALL
NECESSARY  TRAINING  TO  MEMBERS.  MEMBERS SHALL PROVIDE BOTH ONE-ON-ONE
ASSISTANCE AND PARTICIPATE IN ANY  OTHER  ACTIVITIES  WHICH  BENEFIT  AN
ENTIRE SCHOOL OR ORGANIZATIONAL COMMUNITY.
  S  403. DUTIES OF THE DIRECTOR. 1. THE DIRECTOR SHALL, IN CONSULTATION
WITH THE COMMISSIONER OF EDUCATION,  PROMULGATE  RULES  AND  REGULATIONS
ESTABLISHING  STANDARDS  AND  REQUIREMENTS  FOR  LOCAL INTERGENERATIONAL
EDUCATIONAL AND MENTORING SERVICE PROGRAMS RECEIVING GRANTS PURSUANT  TO
THIS  ARTICLE.  SUCH  RULES  AND  REGULATIONS  SHALL INCLUDE, BUT NOT BE
LIMITED TO:
  (A) PROCEDURES FOR COORDINATING AND SUPPORTING THE  NETWORK  OF  LOCAL
INTERGENERATIONAL  EDUCATIONAL  AND MENTORING SERVICE PROGRAMS RECEIVING
GRANTS PURSUANT TO THIS ARTICLE;
  (B) PROCEDURES FOR WORKING WITH PUBLIC AND PRIVATE SCHOOLS,  COLLEGES,
UNIVERSITIES,  COMMUNITY  COLLEGES,  COMMUNITY  BASED ORGANIZATIONS, THE
NATIONAL SENIOR SERVICE CORPS AND THE LEAD AGENCIES OF LOCAL INTERGENER-
ATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAMS;
  (C) A PROCEDURE FOR INDIVIDUALS TO APPLY TO BECOME AND BECOME MEMBERS;
  (D) REQUIREMENTS FOR PARTICIPATION AS A MEMBER AND AS A  LOCAL  INTER-
GENERATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAM;
  (E)  STANDARDS,    BASED ON MEASURABLE OUTCOMES, FOR THE EVALUATION OF
LOCAL INTERGENERATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAMS; AND
  (F) ANY OTHER REQUIREMENTS THE DIRECTOR DETERMINES  TO  BE  REASONABLE
AND NECESSARY.
  2.  THE  RULES AND REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION SHALL PROVIDE FOR THE INCLUSION  OF  LOCAL  INTERGENERA-
TIONAL  EDUCATIONAL AND MENTORING SERVICE PROGRAMS IN THE PLANNING PROC-
ESS BY DESIGNATED AGENCIES.
  S 404. FUNDING. 1. THE DIRECTOR SHALL, WITHIN THE AMOUNTS APPROPRIATED
THEREFOR, AWARD GRANTS ON A COMPETITIVE BASIS TO  NOT-FOR-PROFIT  CORPO-
RATIONS  AND  LOCAL  GOVERNMENTS SEEKING TO OPERATE A LOCAL INTERGENERA-
TIONAL EDUCATIONAL AND MENTORING SERVICE  PROGRAM.  THE  DIRECTOR  SHALL

A. 3907                             3

CONSIDER,  IN THE AWARDING OF GRANTS, THE REGIONAL NEEDS AND THE COMPAR-
ATIVE WEALTH OF THE SCHOOL DISTRICT.
  2.  THE  OFFICE  MAY  EXPEND NOT MORE THAN THREE PERCENT OF THE MONEYS
APPROPRIATED, FOR THE PURPOSES OF THIS ARTICLE, FOR COSTS OF ADMINISTER-
ING THIS ARTICLE.
  3. EACH LOCAL  INTERGENERATIONAL  EDUCATIONAL  AND  MENTORING  SERVICE
PROGRAM  SHALL PAY NOT LESS THAN TEN PERCENT OF ITS EXPENSES WITH INCOME
DERIVED FROM PRIVATE FUNDRAISING, SCHOOL DISTRICTS OR ANY OTHER SOURCE.
  S 405. REPORT. THE DIRECTOR, IN CONSULTATION WITH THE ADVISORY COMMIT-
TEE, AFFECTED STATE AGENCIES, AFFECTED MUNICIPAL AGENCIES,  LOCAL  SPON-
SORS  AND  PERSONS  INVOLVED  IN LOCAL INTERGENERATIONAL EDUCATIONAL AND
MENTORING SERVICE PROGRAMS, SHALL, ON OR BEFORE  DECEMBER  THIRTY-FIRST,
TWO  THOUSAND  TEN, ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE
COMMITTEE ON EDUCATION, THE CHAIR OF THE SENATE COMMITTEE ON AGING,  THE
CHAIR OF THE ASSEMBLY COMMITTEE ON EDUCATION AND THE CHAIR OF THE ASSEM-
BLY COMMITTEE ON AGING, ON THE PROJECTED COST AND BENEFITS OF ESTABLISH-
ING UNIFORM STANDARDS AND REQUIREMENTS FOR THE OPERATION OF LOCAL INTER-
GENERATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAMS.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law. Provided, that, effective immediately, any
rules and regulations necessary to implement the provisions of this  act
on its effective date are authorized to be promulgated on or before such
date.