S T A T E O F N E W Y O R K
________________________________________________________________________
2064
2013-2014 Regular Sessions
I N S E N A T E
January 10, 2013
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Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to alternative institu-
tional support programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3641 of the education law is amended by adding a
new subdivision 16 to read as follows:
16. ALTERNATIVE INSTITUTIONAL SUPPORT AID. A. BOARDS OF EDUCATION OF
CITY, COMMON, UNION FREE AND CENTRAL SCHOOL DISTRICTS SHALL BE AUTHOR-
IZED TO CONTRACT WITH APPROVED ALTERNATIVE INSTITUTIONAL SUPPORT
SERVICES PROGRAMS TO PROVIDE INSTRUCTIONAL AND SUPPORT SERVICES TO
SPECIAL EDUCATION AND/OR NON-SPECIAL EDUCATION STUDENTS WHO ARE DEEMED
BY THE DISTRICT TO BE AT-RISK.
B. PAYMENT PURSUANT TO SUCH CONTRACT SHALL BE FROM THE DISTRICT TO THE
APPROVED ALTERNATIVE INSTITUTIONAL SUPPORT SERVICES PROGRAM FOR THE
ACTUAL COST OF THE APPROVED ALTERNATIVE INSTITUTIONAL SUPPORT SERVICES
PROGRAM'S PROVISION OF SERVICES AND INCLUDE COSTS FOR ADMINISTRATIVE,
INSTRUCTIONAL, OPERATING AND SUPPORT SERVICES EXPENSES PROPORTIONATE TO
THE STUDENT'S ATTENDANCE IN THE PROGRAM. STUDENTS WHO ATTEND THE
APPROVED ALTERNATIVE INSTITUTIONAL SUPPORT SERVICES PROGRAM SHALL
CONTINUE TO BE COUNTED BY THE DISTRICT OF RESIDENCE FOR PURPOSES OF
DETERMINING FEDERAL AND STATE AID TO THE DISTRICT RELATIVE TO STUDENTS
WITH AND WITHOUT DISABILITIES.
C. DISTRICTS MAY ALSO CONTRACT WITH AN APPROVED ALTERNATIVE INSTITU-
TIONAL SUPPORT SERVICES PROGRAM TO SERVE AS AN INTERIM ALTERNATIVE
EDUCATIONAL SETTING, AS DEFINED BY THE FEDERAL INDIVIDUALS WITH DISABIL-
ITIES EDUCATION IMPROVEMENT ACT AND CONCURRENT STATE LAW. A DISTRICT MAY
CONTRACT WITH THE APPROVED ALTERNATIVE INSTITUTIONAL SUPPORT SERVICES
PROGRAM FOR SERVICES AS AN INTERIM ALTERNATIVE EDUCATIONAL SETTING WHEN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02632-01-3
S. 2064 2
EVER A STUDENT IS ELIGIBLE FOR SUCH PLACEMENT IN ACCORDANCE WITH LAW,
SUCH AS IN CERTAIN DISCIPLINARY CONTEXTS.
D. THE DISTRICT SHALL COMPENSATE AN APPROVED ALTERNATIVE INSTITUTIONAL
SUPPORT SERVICES PROGRAM SERVING AS AN INTERIM ALTERNATIVE EDUCATION
SETTING ON AN ACTUAL COST BASIS.
E. THE COMMISSIONER SHALL PROCESS APPLICATIONS FOR AND MAINTAIN A LIST
OF APPROVED ALTERNATIVE INSTITUTIONAL SUPPORT SERVICES PROGRAMS. AN
ALTERNATIVE INSTITUTIONAL SUPPORT SERVICES PROGRAM SHALL BE APPROVED IF
IT IS A NOT-FOR-PROFIT, NON-SECTARIAN EDUCATIONAL PROGRAM THAT UTILIZES
CERTIFIED PERSONNEL AND HAS DEMONSTRATED A MINIMUM OF TEN YEARS OF
IMPROVED STUDENT PERFORMANCE FOR AT-RISK STUDENTS.
S 2. This act shall take effect immediately.