S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4032
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by M. of A. BRONSON, COLTON -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to  the  creation  of  an
   adult high school workforce development demonstration project
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new article 107 to
 read as follows:
                                ARTICLE 107
       ADULT HIGH SCHOOL WORKFORCE DEVELOPMENT DEMONSTRATION PROJECT
 SECTION 5300. LEGISLATIVE FINDINGS.
         5301. DEFINITIONS.
         5302. ADULT  HIGH  SCHOOL  WORKFORCE  DEVELOPMENT  DEMONSTRATION
                 PROJECT.
         5303. TERM OF PROJECT; OPTION TO MAKE PERMANENT.
   §  5300. LEGISLATIVE FINDINGS. SEVERAL STATES HAVE SUCCESSFULLY IMPLE-
 MENTED SECONDARY EDUCATION PROGRAMS GEARED TOWARDS THE UNIQUE  NEEDS  OF
 ADULT  LEARNERS  AND  WHICH  LEAD TO A HIGH SCHOOL DIPLOMA.  BY COUPLING
 RIGOROUS ACADEMIC CURRICULA, UNDER THE HIGH SCHOOL CREDIT ACCRUAL MODEL,
 WITH TRAINING PROGRAMS THAT LEAD TO CREDENTIALS FOR IN-DEMAND  JOBS  AND
 EXTENSIVE  WRAPAROUND  SUPPORT  SERVICES TO ADDRESS BARRIERS TO SUCCESS,
 THESE PROGRAMS CREATE AN ADULT-ORIENTED LEARNING  ENVIRONMENT  CONDUCIVE
 TO  SUCCESS.  THE LEGISLATURE HEREBY DECLARES THAT A PROPERLY STRUCTURED
 SECONDARY EDUCATION PROGRAM FOR  ADULT  LEARNERS  WOULD  REDUCE  POVERTY
 LEVELS  BY  HELPING  SUCH  INDIVIDUALS TRANSITION TO THE WORKFORCE OR TO
 POST-SECONDARY EDUCATION.
   THE CITY OF ROCHESTER AREA HAS MORE THAN THIRTY-SEVEN  THOUSAND  WORK-
 ING-AGE  ADULTS WITHOUT HIGH SCHOOL DIPLOMAS OR THE EQUIVALENT, CONTRIB-
 UTING TO THE FACT THAT ITS POVERTY RATE IS HIGHER THAN IN  ALL  EIGHTEEN
 "BENCHMARK  CITIES"  OF  SIMILAR SIZE AND THIRD-WORST AMONG THE SEVENTY-
 FIVE LARGEST AMERICAN CITIES.  THE CHILD POVERTY RATE  IN  ROCHESTER  IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08201-01-3
              

 A. 4032                             2
 
 FORTY-EIGHT  PERCENT.  ACROSS  THE STATE, IT IS ESTIMATED THERE ARE MORE
 THAN ONE MILLION NINE HUNDRED THOUSAND ADULTS WITHOUT HIGH SCHOOL DIPLO-
 MAS.
   § 5301. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "ADULT HIGH SCHOOL WORKFORCE DEVELOPMENT DEMONSTRATION PROJECT" OR
 "PROGRAM" MEANS A PRIVATE OR INDEPENDENT HIGH SCHOOL REGISTERED  BY  THE
 DEPARTMENT  WHICH  PROVIDES  ADULT LEARNERS WITH AN APPROPRIATE ACADEMIC
 ENVIRONMENT, CAREER CREDENTIALING  PROGRAMS  AND  ACCESS  TO  WRAPAROUND
 SERVICES  PROVIDED  BY  THE  OPERATOR  OR ANY ENTITY PARTNERED WITH SUCH
 OPERATOR TO ADDRESS BARRIERS TO ENABLE  ADULT  LEARNERS  TO  PURSUE  AND
 OBTAIN, SUBJECT TO SATISFACTORY COMPLETION OF THE REQUIREMENTS SET FORTH
 WITHIN  THIS  ARTICLE,  A HIGH SCHOOL DIPLOMA.  SUCH PROGRAM SHALL AWARD
 HIGH SCHOOL DIPLOMAS BASED ON CREDIT ATTAINMENT  IN  ACCORDANCE  WITH  8
 NYCRR  100.5.  FOR PURPOSES OF THE PROGRAM, SUCH ADULT HIGH SCHOOL WORK-
 FORCE DEVELOPMENT DEMONSTRATION PROJECT  SHALL  BE  LOCATED  WITHIN  THE
 CORPORATE BOUNDARIES OF THE CITY OF ROCHESTER AS DEFINED BY THE OFFICIAL
 CITY MAP MAINTAINED BY THE CITY OF ROCHESTER.
   2.  "ADULT LEARNER" MEANS AN INDIVIDUAL OVER THE AGE OF TWENTY-ONE WHO
 HAS NOT EARNED A HIGH SCHOOL  DIPLOMA  OR  ITS  EQUIVALENT  AND  WHO  IS
 ENROLLED  IN A REGISTERED ADULT HIGH SCHOOL WORKFORCE DEVELOPMENT DEMON-
 STRATION PROJECT.
   3. "OPERATOR" MEANS A PRIVATE NONPROFIT  ENTITY  THAT  ESTABLISHES  AN
 ADULT  HIGH  SCHOOL WORKFORCE DEVELOPMENT DEMONSTRATION PROJECT PURSUANT
 TO THIS ARTICLE.
   4. "WRAPAROUND SERVICES" MEANS ACCESS TO  SUPPORT  SERVICES  THAT  ARE
 PROVIDED  TO  THE  ADULT LEARNER AND THE ADULT LEARNER'S FAMILY, AND MAY
 INCLUDE, BUT NOT BE LIMITED  TO,  CHILD  CARE,  TRANSPORTATION,  HOUSING
 REFERRALS,   MENTAL   HEALTH  SERVICES,  CRISIS  INTERVENTION  SERVICES,
 SUBSTANCE ABUSE AND TREATMENT SERVICES, AND LEGAL AID.
   § 5302. ADULT HIGH SCHOOL WORKFORCE DEVELOPMENT DEMONSTRATION PROJECT.
 1. THERE IS HEREBY CREATED UNDER THE AUTHORITY AND  SUPERVISION  OF  THE
 DEPARTMENT  AN  ADULT  HIGH  SCHOOL  WORKFORCE DEVELOPMENT DEMONSTRATION
 PROJECT, THE PURPOSE OF WHICH IS TO ESTABLISH A PATHWAY FOR  ADULTS  WHO
 DID  NOT GRADUATE FROM HIGH SCHOOL TO EARN A HIGH SCHOOL DIPLOMA AND ONE
 OR MORE WORKFORCE CREDENTIALS OR INDUSTRY CERTIFICATIONS, AS WELL AS THE
 POTENTIAL TO EARN POSTSECONDARY EDUCATION CREDITS  IN  PARTNERSHIP  WITH
 BOTH LOCAL COMMUNITY COLLEGES AND EXISTING CERTIFICATION AND CREDENTIAL-
 ING PROVIDERS.
   2.   SUCH PROGRAM SHALL BE A NOT-FOR-PROFIT NONPUBLIC SCHOOL AND SHALL
 COMPLY WITH ALL GUIDANCE REGARDING NONPUBLIC SCHOOLS AS  ESTABLISHED  BY
 THE DEPARTMENT. SUCH PROGRAM SHALL FOLLOW THE STANDARD APPLICATION PROC-
 ESS  FOR  A  NEW NONPUBLIC SCHOOL, AS ESTABLISHED BY THE DEPARTMENT. THE
 DEPARTMENT SHALL MAKE REASONABLE EFFORTS  TO  EXPEDITE  THE  REVIEW  AND
 APPROVAL OF ANY PROGRAM CREATED PURSUANT TO THIS ARTICLE.
   3. THE PROGRAM SHALL:
   (A) ADOPT A CURRICULUM THAT IS CONSISTENT WITH NEW YORK STATE LEARNING
 STANDARDS,  AND  SHALL  CONSIST  OF  THE COMPLETION OF TWENTY-TWO CREDIT
 HOURS WITH AN EQUIVALENT MEASURE OF ONE HUNDRED EIGHT HOURS PER CREDIT;
   (B) NOT ISSUE A HIGH SCHOOL DIPLOMA TO AN ADULT  LEARNER  UNLESS  SUCH
 ADULT  LEARNER HAS SATISFIED THE MINIMUM REQUIREMENTS SET BY THE DEPART-
 MENT;
   (C) CONSULT WITH THE NEW YORK STATE DEPARTMENT OF LABOR AND MAY  PART-
 NER  WITH  NEW  YORK  STATE'S  COMMUNITY  COLLEGES  OR OTHER ENTITIES TO
 PROVIDE CAREER AND OCCUPATIONAL EDUCATIONAL COURSES THAT LEAD TO  INDUS-
 TRY CERTIFICATIONS, LICENSES, OR CREDENTIALS;
 A. 4032                             3
 
   (D)  PROVIDE  ALL  THEIR  SERVICES TO ADULT LEARNERS AT NO COST TO THE
 ADULT LEARNERS;
   (E)  PROVIDE FACE-TO-FACE CLASSROOM INSTRUCTION IN A SIMILAR MANNER AS
 PROVIDED TO KINDERGARTEN THROUGH TWELFTH GRADE STUDENTS; AND
   (F) PROVIDE ACCESS TO A LIFE COACH TO EVERY ADULT LEARNER.
   4. UNDER THE PROGRAM, THE DEPARTMENT MAY APPROVE ADDITIONAL LOCATIONS,
 EACH OF WHICH MAY ENROLL A MAXIMUM OF THREE HUNDRED  FIFTY  ADULT  LEAR-
 NERS.
   5.  THE  ADULT HIGH SCHOOL WORKFORCE DEVELOPMENT DEMONSTRATION PROJECT
 SHALL HAVE AN ADVISORY BOARD  WHICH  SHALL  CONSIST  OF  AT  LEAST  FIVE
 MEMBERS, AT LEAST ONE OF WHICH SHALL BE APPOINTED BY THE DEPARTMENT.
   6.  AN  ADULT  HIGH  SCHOOL  WORKFORCE DEVELOPMENT PROGRAM ESTABLISHED
 UNDER THIS ARTICLE SHALL NOT BE CONSIDERED A PUBLIC SCHOOL FOR STATE AID
 PURPOSES; HOWEVER, PROGRAM LOCATIONS REGISTERED PURSUANT TO THIS ARTICLE
 SHALL BE ELIGIBLE TO RECEIVE PUBLIC FUNDING  IN  THE  FORM  OF  SPECIFIC
 APPROPRIATIONS,  STATE AND FEDERAL GRANTS, AND ANY OTHER AVAILABLE WORK-
 FORCE DEVELOPMENT RESOURCES.  SUCH  PROGRAMS  MAY  ALSO  ACCEPT  PRIVATE
 CONTRIBUTIONS.
   7.  THE  DEPARTMENT  SHALL  ADOPT  RULES  AND REGULATIONS NECESSARY TO
 ADMINISTER THE PROGRAM AUTHORIZED BY THIS ARTICLE.
   § 5303. TERM OF PROJECT; OPTION TO MAKE PERMANENT. 1. THE  ADULT  HIGH
 SCHOOL  WORKFORCE  DEVELOPMENT  DEMONSTRATION PROJECT AUTHORIZED BY THIS
 ARTICLE SHALL REMAIN IN EFFECT FOR A MINIMUM OF  FIVE  YEARS  AFTER  THE
 EFFECTIVE DATE OF THIS ARTICLE.
   2.  IF  THE  DEPARTMENT  DETERMINES  THAT  THE  PROGRAM IS SERVING ITS
 INTENDED PURPOSE, THE ADULT HIGH  SCHOOL  WORKFORCE  DEVELOPMENT  DEMON-
 STRATION  PROJECT  SHALL, SUBJECT TO THE PERMISSION AND AUTHORITY OF THE
 DEPARTMENT, BECOME PERMANENT AND SHALL BE RENAMED THE ADULT HIGH  SCHOOL
 WORKFORCE  DEVELOPMENT  PROGRAM.   SUCH PROGRAM MAY BE EXTENDED TO ADDI-
 TIONAL REGIONS OF THE STATE TO OPERATORS WHO MEET THE REQUIREMENTS UNDER
 THE PROGRAM. THE DEPARTMENT SHALL MAKE SUCH DETERMINATION  IN  CONSULTA-
 TION  WITH THE OPERATORS, THE MEMBERS OF THE OPERATORS' ADVISORY BOARDS,
 THE DEPARTMENT OF LABOR, AND OTHER RELEVANT STAKEHOLDERS, NO LATER  THAN
 SIX MONTHS PRIOR TO THE END OF THE FIVE-YEAR PERIOD.
   § 2. This act shall take effect immediately.