S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8133
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation to establishing  interre-
   gional  enrollment  of students in multiple school districts (Part A);
   and to amend the education law, in relation to the provision of  coop-
   erative  and  individualized educational services for students who are
   enrolled in multiple school districts (Part B)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "EmpowerED Act: Empowering students and enhancing educational oppor-
 tunities in New York".
   § 2. Legislative findings and intent. According to the Census  Bureau,
 New  York  consistently allocates the highest per-student expenditure in
 the nation. However, despite this significant investment, a  substantial
 number  of our students are performing at or slightly below the national
 average in state  assessments.  It  is  imperative  that  we  prioritize
 providing  our  students with every available opportunity to raise these
 educational standards. To truly empower our education  system,  we  must
 enable  school  districts and students to embrace innovative educational
 approaches that go beyond traditional norms. Students  should  have  the
 freedom  to  choose educational opportunities that best suit their indi-
 vidual needs and aspirations. The "EmpowerED Act" aims to strengthen New
 York's education system by  granting  students  the  ability  to  access
 classes  in any educational setting, be it a neighboring school district
 or through remote learning. Furthermore, it expands  itinerant  teaching
 services  that  BOCES programs offer to allow individual schools to more
 efficiently allocate resources according to the unique  needs  of  their
 own  district.  This  legislation  will  provide vital support to foster
 collaboration among districts, benefiting  students  and  improving  the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11892-01-3
 A. 8133                             2
              

 
 overall  education  system  in  New  York,  while  empowering  students,
 parents, and educators to shape their educational journey.
   §  3.  This act enacts into law major components of legislation neces-
 sary  to  implement  the  "EmpowerED  Act".  Each  component  is  wholly
 contained  within  a Part identified as Parts A through B. The effective
 date for each particular provision contained within  such  Part  is  set
 forth  in  the  last  section of such Part. Any provision in any section
 contained within a Part, including the effective date of the Part, which
 makes a reference to a section "of this act", when  used  in  connection
 with that particular component, shall be deemed to mean and refer to the
 corresponding  section of the Part in which it is found. Section five of
 this act sets forth the general effective date of this act.
 
                                  PART A
 
   Section 1. Section 3202 of the education law is amended  by  adding  a
 new subdivision 9 to read as follows:
   9.  INTERREGIONAL  STUDENT ENROLLMENT. A. (I) NOTWITHSTANDING SUBDIVI-
 SION TWO OF THIS SECTION OR ANY OTHER LAW TO THE CONTRARY,  NONRESIDENTS
 OF  A  DISTRICT MAY BE ADMITTED INTO THE SCHOOL OR SCHOOLS OF A DISTRICT
 OR CITY, UPON THE CONSENT OF THE TRUSTEES OR THE BOARD OF  EDUCATION  AS
 PART OF AN INTERREGIONAL STUDENT ENROLLMENT PROGRAM. THE TRUSTEES OR THE
 BOARD  OF EDUCATION SHALL ESTABLISH AN OPEN ENROLLMENT APPLICATION PROC-
 ESS, DURING WHICH NONRESIDENT STUDENTS CAN ACCESS  SUCH  APPLICATION  TO
 APPLY FOR ENROLLMENT IN OFFERED CLASSES WHETHER THE STUDENT IS PART-TIME
 OR  FULL-TIME.  AS USED IN THIS SUBPARAGRAPH, THE TERM "PART-TIME" SHALL
 MEAN A NONRESIDENT STUDENT ENROLLED IN A SET OF  CLASSES,  WHETHER  SUCH
 CLASSES  ARE  IN-PERSON  OR VIA DISTANCE LEARNING, THAT ARE OFFERED BY A
 SCHOOL DISTRICT WHERE SUCH STUDENT DOES NOT RESIDE, AND WHO  ALSO  TAKES
 CLASSES IN THE SCHOOL DISTRICT WHERE SUCH STUDENT RESIDES.
   (II) PARTICIPATING DISTRICTS SHALL PROVIDE TRANSPORTATION, AS MANDATED
 BY  THE INDIVIDUALIZED EDUCATION PROGRAM OF A STUDENT WITH A DISABILITY,
 TO THE LOCATION NECESSARY TO RECEIVE REQUIRED SERVICES SPECIFIED IN SUCH
 PROGRAM.
   B. THE SCHOOL DISTRICT OF A NONRESIDENT STUDENT SHALL BE SUBJECT TO  A
 MAXIMUM  TUITION  AS DETERMINED BY THE COMMISSIONER. THE MAXIMUM TUITION
 SHALL VARY BASED ON THE NUMBER OF  CLASSES  TAKEN  BY  THE  STUDENT  AND
 WHETHER  SUCH  STUDENT  IS  PART-TIME  OR FULL-TIME. THE MAXIMUM TUITION
 RATES SHALL BE SET REGIONALLY TO ACCOUNT FOR COST VARIATIONS AND  ENSURE
 FAIRNESS ACROSS PARTICIPATING SCHOOL DISTRICTS.
   C.  NONRESIDENT  STUDENTS SEEKING ENROLLMENT SHALL SUBMIT APPLICATIONS
 DURING THE OPEN ENROLLMENT WINDOW, AS DETERMINED  BY  THE  PARTICIPATING
 SCHOOL  DISTRICTS.  THE  APPLICATION PROCESS SHALL BE FACILITATED BY THE
 SCHOOL DISTRICTS, ENSURING ACCESSIBILITY AND FAIRNESS.  ELIGIBILITY  FOR
 ENROLLMENT  SHALL  BE  BASED  ON  FACTORS,  INCLUDING BUT NOT LIMITED TO
 AVAILABLE SPACE, ACADEMIC PERFORMANCE, AND THE  NEEDS  OF  THE  STUDENT.
 PRIORITY  SHALL  BE GIVEN TO STUDENTS WHO WOULD BENEFIT FROM SPECIALIZED
 PROGRAMS OR SERVICES NOT AVAILABLE IN THEIR RESIDENT DISTRICT.
   D. PARTICIPATING SCHOOL DISTRICTS SHALL COLLABORATE TO ENSURE A  SEAM-
 LESS TRANSFER OF STUDENT RECORDS, INCLUDING ACADEMIC TRANSCRIPTS, HEALTH
 RECORDS,  AND  OTHER RELEVANT DOCUMENTATION NECESSARY FOR SUCH STUDENT'S
 EDUCATIONAL  CONTINUITY.  SCHOOL  DISTRICTS  SHALL  PROVIDE  NONRESIDENT
 STUDENTS WITH ACCESS TO APPROPRIATE EDUCATIONAL PROGRAMS, RESOURCES, AND
 SUPPORT SERVICES, ON PAR WITH THOSE PROVIDED TO RESIDENT STUDENTS.
   § 2. This act shall take effect immediately.
 A. 8133                             3
 
                                  PART B
 
   Section  1. Subparagraph 3 of paragraph bb of subdivision 4 of section
 1950 of the education law, as amended by section 2 of part A of  chapter
 60 of the laws of 2000, is amended to read as follows:
   (3)  Such  programs and services may include, but shall not be limited
 to (a) expansion of itinerant teaching services in ANY COURSES OF  STUDY
 REQUIRED  UNDER  SUBDIVISION THREE OF SECTION THIRTY-TWO HUNDRED FOUR OF
 THIS CHAPTER OR advanced academic  subject  courses,  PROVIDED  THAT  NO
 LIMITATION  SHALL  EXIST  THAT  RESTRICTS OR CONFINES THE LENGTH OF TIME
 THAT AN  ITINERANT  TEACHER  IS  AUTHORIZED  TO  PROVIDE  SUCH  TEACHING
 SERVICES  PURSUANT  TO  THIS PARAGRAPH; (b) academic course offerings at
 regular board of cooperative educational services centers or  at  leased
 sites  during  the school year or summer school periods, as requested by
 component districts; (c) block scheduling to enable students  to  attend
 classes  at  a  board  of cooperative educational services center for an
 entire school day; (d) satellite offerings of specific concentrations or
 specializations sponsored by boards of cooperative educational  services
 at  local schools, with cross-contracting for services; (e) expanded use
 of interactive television  and  other  technologies  to  offer  academic
 courses  on  site  or at component school districts; and (f) programs of
 academic intervention services approved by the commissioner designed  to
 fulfill  the  academic  intervention services requirement imposed by the
 regulations  of  the  commissioner,  provided  that  in  approving  such
 programs and services for the two thousand--two thousand one school year
 or thereafter, the commissioner shall assure that the program or service
 results  in  a cost savings to all participating districts, disregarding
 any aid pursuant to subdivision five of this section.
   § 2. This act shall take effect immediately.
   § 4.  Severability clause. If any clause, sentence, paragraph,  subdi-
 vision,  section  or  part of this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  applicable effective date of Parts A through B of this act shall be
 as specifically set forth in the last section of such Parts.