S T A T E O F N E W Y O R K
________________________________________________________________________
4526
2015-2016 Regular Sessions
I N A S S E M B L Y
February 3, 2015
___________
Introduced by M. of A. CLARK, SCARBOROUGH, PERRY -- Multi-Sponsored by
-- M. of A. PEOPLES-STOKES, RIVERA -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to establishing a pilot
program for overage, under-credit students to prepare these students
for post secondary education or training and providing for the repeal
of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby finds and
declares it necessary to increase the graduation rate in this state,
particularly New York City, Yonkers, Buffalo, Rochester, and Syracuse,
where the drop-out rate is exceptionally high particularly with minority
and limited English proficient students. To do so, the legislature finds
it necessary to create a research-based pilot program to assist overage,
under-credit students, who are typically at risk of not graduating,
obtain a high school diploma or general equivalency diploma (GED), and
to prepare these students for post-secondary education or training. The
legislature recognizes that a variety of individual, familial, and
community-based factors may contribute to a student's failure to gradu-
ate, including, but not limited to, the student's poor academic perform-
ance or attendance, parents' academic history, alcohol and/or substance
abuse in the home, upbringing in a single parent household or teen
parent household, neglect and/or abuse in the home, insufficient
parental interest or involvement in students' academic performance, or
otherwise, limited English proficiency in the home, limited access to
health care, or limited economic means, poverty or parental unemploy-
ment.
The pilot program will examine the relationship between the aforemen-
tioned risk factors and the students' academic progress as well as the
influence of the program's academic and after school support services on
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08568-01-5
A. 4526 2
the student's academic progress, post-secondary education or training,
and employability. The pilot program is expected to engage one thousand
two hundred eligible students in academic and after-school services. The
pilot program will provide assistance and support to selected students
to assist them to obtain a high school diploma or GED and to prepare
them for post-secondary education or training. The program will further
provide assistance and support to the students for two years after the
students' attainment of such a diploma. This research-based pilot
program will provide a comprehensive look at the needs of and adverse
influences on overage, under-credit students and provide a fundamental
plan for remediation.
S 2. The education law is amended by adding a new article 100 to read
as follows:
ARTICLE 100
OVERAGE AND UNDER-CREDIT STUDENTS
SECTION 4950. DEFINITIONS.
4951. PILOT PROGRAM FOR OVERAGE, UNDER-CREDIT STUDENTS; ESTAB-
LISHED.
4952. STUDENT ELIGIBILITY.
4953. PURPOSE OF PROGRAM.
4954. REPORTS AND EVALUATION OF THE PILOT PROGRAM.
4955. PROGRAM COSTS.
S 4950. DEFINITIONS. THE FOLLOWING TERM SHALL HAVE THE FOLLOWING MEAN-
ING WHEN USED IN THIS ARTICLE: "OVERAGE, UNDER-CREDIT STUDENT" SHALL
MEAN A STUDENT WHO IS AT LEAST TWO YEARS BEHIND STANDARD PROGRESS RELA-
TIVE TO THE EXPECTED AGE AND CREDIT ACCUMULATION FOR EARNING A DIPLOMA.
S 4951. PILOT PROGRAM FOR OVERAGE, UNDER-CREDIT STUDENTS; ESTABLISHED.
1. THERE IS HEREBY ESTABLISHED UNDER THE EXERCISE OF AUTHORITY AND
CONTROL OF THE COMMISSIONER A RESEARCH-BASED PILOT PROGRAM NAMED AND
REFERRED TO AS THE PILOT PROGRAM FOR OVERAGE, UNDER-CREDIT STUDENTS.
THIS RESEARCH-BASED PILOT PROGRAM SHALL SERVE ONE THOUSAND TWO HUNDRED
STUDENTS WHO ARE ELIGIBLE FOR THE PROGRAM UNDER SECTION FORTY-NINE
HUNDRED FIFTY-TWO OF THIS ARTICLE. SIX HUNDRED OF THESE STUDENTS SHALL
BE ENROLLED IN THE NEW YORK CITY SCHOOL DISTRICT AND ONE HUNDRED FIFTY
STUDENTS SHALL BE ENROLLED IN EACH OF THE FOLLOWING SCHOOL DISTRICTS:
YONKERS, BUFFALO, ROCHESTER, AND SYRACUSE.
2. THE PURPOSE OF THE PILOT PROGRAM SHALL BE TO ASSIST OVERAGE,
UNDER-CREDIT STUDENTS ATTAIN A HIGH SCHOOL DIPLOMA OR GENERAL EQUIVALEN-
CY DIPLOMA (GED), EFFECTIVELY PREPARE FOR AND TRANSITION INTO POST-SEC-
ONDARY EDUCATION OR TRAINING, AND/OR OBTAIN EMPLOYMENT OR OTHER SUCH
MEANINGFUL POST-SECONDARY OPPORTUNITIES. THE PILOT PROGRAM SHALL PROVIDE
ASSISTANCE AND SUPPORT TO SUCH STUDENTS FOR TWO YEARS SUCCEEDING EACH
STUDENT'S ATTAINMENT OF SUCH A DIPLOMA.
3. THE PILOT PROGRAM SHALL EXAMINE THE NEEDS OF OVERAGE, UNDER-CREDIT
STUDENTS AND ANALYZE THE FACTORS WHICH CAUSE OR CONTRIBUTE TO THE
STUDENTS' FAILURE TO GRADUATE OR WHICH ADVERSELY INFLUENCE THEIR ACADEM-
IC PROGRESS. THE PILOT PROGRAM SHALL FURTHER ANALYZE THE EFFECT OF THE
PILOT PROGRAM ON THE STUDENT'S ACADEMIC PROGRESS, COMPLETION OF
POST-SECONDARY COURSES OR TRAINING, AND THE STUDENTS' EMPLOYABILITY.
S 4952. STUDENT ELIGIBILITY. 1. STUDENTS MAY BE ELIGIBLE FOR THE PILOT
PROGRAM ESTABLISHED IN SECTION FORTY-NINE HUNDRED FIFTY-ONE OF THIS
ARTICLE IF THEY ARE (A) ENROLLED IN A PUBLIC SCHOOL WITHIN AN ELIGIBLE
SCHOOL DISTRICT, (B) OF THE AGE OF TWELVE TO TWENTY-ONE YEARS, (C)
ENROLLED IN ANY OF THE GRADES SEVEN THROUGH TWELVE, OR IF ENROLLED IN
THE SCHOOL DISTRICT OF THE CITY OF NEW YORK, ENROLLED IN ANY OF THE
GRADES NINE THROUGH TWELVE, AND (D) IDENTIFIED WITH AT LEAST ONE OF THE
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FOLLOWING RISK FACTORS, INCLUDING, BUT NEED NOT BE LIMITED TO, POOR
ACADEMIC PERFORMANCE OR ATTENDANCE, PARENT'S POOR ACADEMIC HISTORY,
ALCOHOL AND/OR SUBSTANCE ABUSE IN THE HOME, SINGLE PARENT HOUSEHOLD OR
TEEN PARENT HOUSEHOLD, NEGLECT AND/OR ABUSE IN THE HOME, INSUFFICIENT
PARENTAL INTEREST OR INVOLVEMENT IN STUDENT'S ACADEMIC PERFORMANCE, OR
OTHERWISE, LIMITED ENGLISH PROFICIENCY IN THE HOME, LIMITED ACCESS OR NO
ACCESS TO HEALTH CARE, LIMITED ECONOMIC MEANS, POVERTY OR PARENTAL UNEM-
PLOYMENT.
2. AN ELIGIBLE SCHOOL DISTRICT SHALL APPLY TO THE DEPARTMENT FOR A
GRANT AWARD UNDER THE PILOT PROGRAM ON AN APPLICATION PRESCRIBED BY THE
COMMISSIONER, WHICH SHALL INCLUDE THE SCHOOL DISTRICT'S COMPREHENSIVE
PLAN FOR IMPLEMENTATION OF THE PILOT PROGRAM, WHICH MAY INCLUDE, BUT
NEED NOT BE LIMITED TO, THE FOLLOWING ASPECTS:
(A) LIST OF COMMUNITY-BASED ORGANIZATIONS TO FACILITATE EFFECTIVE
PARENT-CHILD RELATIONSHIPS OR PARENT-TEACHER RELATIONSHIPS, SUCH AS
PARENTING CLASSES OR ANGER MANAGEMENT CLASSES;
(B) LIST OF PUBLIC ASSISTANCE OFFICES OR ORGANIZATIONS THROUGH WHICH
TO OBTAIN PUBLIC ASSISTANCE BENEFITS, INCLUDING CASH ASSISTANCE, FOOD
STAMPS, MEDICAID OR CHILD HEALTH INSURANCE, OR EARNED-INCOME TAX CRED-
ITS, OR WHICH TO FACILITATE PARENTAL SELF-SUFFICIENCY AND STABILITY;
(C) ADULT EDUCATIONAL PROGRAMS, INCLUDING THOSE FOR LITERACY OR
INSTRUCTION IN THE ENGLISH LANGUAGE OR FOR FINANCIAL SELF-SUFFICIENCY OR
STABILITY;
(D) POST-SECONDARY EDUCATION AND TRAINING RESOURCES AND CONTACTS,
INCLUDING BUSINESSES OR UNIONS;
(E) WORKFORCE OR LABOR TRAINING PROGRAMS AND CAREER COUNSELING
SERVICES;
(F) OTHER LOCAL ORGANIZATIONS USED TO ENCOURAGE, FACILITATE, AND
DEVELOP RELATIONSHIPS BETWEEN THE PILOT PROGRAM AND THE STUDENT AND
STUDENT'S FAMILY.
S 4953. PURPOSE OF PROGRAM. THE PILOT PROGRAM SHALL PROVIDE THE
FOLLOWING SERVICES TO ELIGIBLE OVERAGE, UNDER-CREDIT STUDENTS:
1. SUPPORT AND ADVOCACY SERVICES IN THE HOME, SCHOOL AND/OR WORK ENVI-
RONMENT WHICH SHALL BE PROVIDED BY ONE FULL-TIME ADVOCATE PER EVERY
THIRTY ELIGIBLE STUDENTS;
2. REMEDIATION SERVICES, INCLUDING TUTORIAL SERVICES;
3. MENTORING SERVICES;
4. ACADEMIC SUPPORT SERVICES, WHICH SHALL BE AGE AND CULTURALLY APPRO-
PRIATE;
5. WRAP-AROUND-SUPPORT SERVICES THROUGH PARTNERSHIP WITH
COMMUNITY-BASED ORGANIZATIONS AND THE SCHOOL DISTRICT, INCLUDING YOUTH
DEVELOPMENT, JOB READINESS TRAINING, CAREER EXPLORATION AND HEALTH AND
MENTAL HEALTH SERVICES;
6. PART-TIME PAID, YEAR-ROUND EMPLOYMENT AND SCHOLARSHIPS AS INCEN-
TIVES TO HELP STUDENTS SUCCEED IN SCHOOL AND PREPARE FOR THE WORKFORCE.
SUCH INCENTIVES WOULD INCLUDE FUNDING FOR EMPLOYER INCENTIVES FOR BUSI-
NESS AND ORGANIZATIONS WHICH DO NOT TRADITIONALLY HIRE YOUTH;
7. POST-SECONDARY EDUCATION AND CAREER COUNSELING SERVICES;
8. LABOR AND EMPLOYMENT PROGRAMS AND SERVICE LEARNING.
S 4954. REPORTS AND EVALUATION OF THE PILOT PROGRAM. UPON THE
COMPLETION OF TWO YEARS OF OPERATION, AND ON AN ANNUAL BASIS THEREAFTER,
THE COMMISSIONER SHALL EVALUATE AND ASSESS THE RESULTS OF THE PILOT
PROGRAM TAKING INTO CONSIDERATION THE FOLLOWING FACTORS:
1. THE GRADUATION RATE AND PERCENTAGE OF STUDENTS WHO ATTAIN A DIPLO-
MA, INCLUDING A REGENTS DIPLOMA OR A GENERAL EQUIVALENCY DIPLOMA (GED);
2. RATE OF ADMISSION TO POST-SECONDARY EDUCATION OR TRAINING PROGRAMS;
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3. ACADEMIC PROGRESS IN COMPLETING POST-SECONDARY EDUCATION OR TRAIN-
ING;
4. EMPLOYABILITY OF STUDENTS;
5. RATE OF EMPLOYMENT, AND RATE OF EMPLOYMENT OF STUDENTS IN NEW YORK
STATE;
6. REDUCTION IN TURNOVER COSTS FOR EMPLOYERS PARTICIPATING IN THE
PROGRAM;
7. PERCENTAGE OF STUDENTS INCARCERATED DURING OR AFTER PARTICIPATION
IN THE PROGRAM;
8. LEVEL OF PARENTAL PARTICIPATION IN THE PROGRAM AND INVOLVEMENT IN
STUDENT'S ACADEMIC PERFORMANCE OR POST-SECONDARY OPPORTUNITIES;
9. PARENTAL LITERACY OR ENGLISH LANGUAGE PROFICIENCY;
10. PARENTAL IMPROVEMENT, INCLUDING EDUCATION, EMPLOYMENT, ACCESS TO
HEALTH CARE, AND RECEIPT OF PUBLIC ASSISTANCE BENEFITS.
S 4955. PROGRAM COSTS. TWENTY-FIVE HUNDRED DOLLARS PER PUPIL PER YEAR
SHALL BE ALLOCATED FOR ADVOCACY, SCHOLARSHIPS, WORK EXPERIENCE AND
MENTORING PROGRAMS OR SERVICES. THIRTY-FIVE HUNDRED DOLLARS PER PUPIL
PER YEAR SHALL BE ALLOCATED FOR WRAP-AROUND SUPPORT SERVICES, ACADEMIC
SUPPORT, AND FAMILY ENGAGEMENT. AID IN AN AMOUNT EQUAL TO SEVEN HUNDRED
DOLLARS PER PARENT OF EACH PUPIL SHALL BE ALLOCATED, ANNUALLY, FOR
EDUCATION PROGRAMS FOR PARENTS TO ASSIST PARENTS TO ACHIEVE FINANCIAL
STABILIZATION, WHICH SHALL INCLUDE SERVICES TO FACILITATE AND/OR PROVIDE
ACCESS TO A FULL RANGE OF BENEFITS AS SPECIFIED IN THIS ARTICLE.
EMPLOYMENT PREPARATION EDUCATION STATE AID MUST BE GENERATED FOR ELIGI-
BLE PARENTS AGE TWENTY-ONE AND OVER AND USED AS A MATCH. PRIORITY SHALL
BE GIVEN TO LEVERAGING MULTIPLE SERVICES AND FUNDING STREAMS. FIVE
HUNDRED THOUSAND DOLLARS SHALL BE SPENT FOR OUTCOME EVALUATION BY AN
INDEPENDENT RESEARCHER.
S 3. This act shall take effect immediately and shall expire and be
deemed repealed 5 years after such effective date.