S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7158
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 23, 2021
                                ___________
 
 Introduced  by M. of A. ENGLEBRIGHT, COLTON, J. RIVERA, ABBATE, LUPARDO,
   MAGNARELLI, GUNTHER, DINOWITZ -- Multi-Sponsored by -- M. of A.  BENE-
   DETTO,  GOTTFRIED,  PAULIN,  RAMOS  --  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.
   § 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
 COMMISSIONER OF EDUCATION, THAT COORDINATES A NETWORK OF LOCAL INTERGEN-
 ERATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAMS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10994-01-1

 A. 7158                             2
 
   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.
   § 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.
   §  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.
   § 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
 CONSIDER,  IN THE AWARDING OF GRANTS, THE REGIONAL NEEDS AND THE COMPAR-
 ATIVE WEALTH OF THE SCHOOL DISTRICT.

 A. 7158                             3
 
   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.
   § 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 TWENTY-TWO, ISSUE A REPORT TO THE GOVERNOR,  THE  TEMPORARY
 PRESIDENT  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  ASSEMBLY  COMMITTEE ON AGING, ON THE PROJECTED COST AND BENEFITS OF
 ESTABLISHING UNIFORM STANDARDS AND REQUIREMENTS  FOR  THE  OPERATION  OF
 LOCAL INTERGENERATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAMS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.