S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   625

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             January 9, 2009
                               ___________

Introduced  by  Sen.  ROBACH -- 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  creating  the  empire
  state internship program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
declares that secondary school students who may be interested in specif-
ic  careers  have  little  or  no opportunity to explore those interests
beyond the classroom.
  The legislature also finds that students who gain practical work expe-
rience through internships generally  become  more  committed  to  their
academic  fields,  more  serious  about  their  course  work,  and  more
constructive contributors in the classroom.
  The legislature further finds that  internships  provide  exposure  to
advanced  technologies  and  equipment  not  available in the classroom.
Students learn about the competitive nature of job markets and  what  is
needed to prepare themselves to make career choices.
  Therefore,  the  legislature  declares  that  students  interested  in
exploring opportunities related to their specific  career  interests  be
eligible  for  internships  and deserve recognition that exemplifies the
students' scholastic achievement.
  S 2. The education law is amended by adding a new article 12-B to read
as follows:
                               ARTICLE 12-B
                     EMPIRE STATE INTERNSHIP PROGRAM
SECTION 565. SHORT TITLE.
        566. DEFINITIONS.
        567. ADMINISTRATION.
        568. WORK-BASED LEARNING COORDINATION.
        569. PROGRAM COMPONENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02290-01-9
              

S. 625                              2

        570. REPORTING AND EVALUATION.
        571. RULES AND REGULATIONS.
  S  565.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "EMPIRE STATE INTERNSHIP PROGRAM".
  S 566. DEFINITIONS. FOR THE PURPOSE  OF  THIS  ARTICLE  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "INTERNSHIP"  SHALL  MEAN  AN  ACTIVITY THAT PLACES A STUDENT IN A
LEARNING ENVIRONMENT, OTHER THAN THE  CLASSROOM,  PROVIDING  A  WORKSITE
ASSIGNMENT  DESIGNED  TO  HELP STUDENTS UTILIZE AND APPLY PRINCIPLES AND
THEORIES TAUGHT IN THE CLASSROOM TO THE WORKPLACE;
  2. "EMPLOYER" SHALL MEAN PUBLIC, PRIVATE AND NOT-FOR-PROFIT EMPLOYERS;
  3. "STIPEND" SHALL MEAN A GRANT OF SUCH FUNDS AS MAY BE AVAILABLE FROM
FEDERAL, STATE OR LOCAL SOURCES AWARDED TO A  PARTICIPATING  STUDENT  AS
PART OF A WORKPLACE EXPERIENCE;
  4. "MENTOR" SHALL MEAN AN INDIVIDUAL DESIGNATED BY THE EMPLOYER IN THE
WORKPLACE TO INSTRUCT AND CRITIQUE THE PERFORMANCE OF THE STUDENT, CHAL-
LENGE  THE  STUDENT  TO  PERFORM  WELL,  WORK  IN  CONSULTATION WITH THE
WORK-BASED LEARNING COORDINATOR AND THE EMPLOYER, AND SHALL POSSESS  THE
SKILLS AND KNOWLEDGE TO BE MASTERED BY A STUDENT AT THE WORKPLACE;
  5.  "ELIGIBLE  STUDENT"  SHALL MEAN ANY STUDENT SIXTEEN YEARS OR OLDER
ENROLLED IN A PUBLIC OR NONPUBLIC SECONDARY INSTITUTION AS A  JUNIOR  IN
THE YEAR PRECEDING THE AWARD;
  6.  "WORK-BASED  LEARNING  COORDINATOR"  SHALL  MEAN AN INDIVIDUAL WHO
HOLDS CERTIFICATION FROM THE DEPARTMENT  AS  A  DIVERSIFIED  COOPERATIVE
EDUCATION  COORDINATOR  AS  ESTABLISHED  IN  SUBDIVISION  (F) OF SECTION
80-2.5 OF THE NEW  YORK  STATE  CODES,  RULES  AND  REGULATIONS  OR  HAS
COMPLETED  COURSE  WORK  OR IN-SERVICE TRAINING PURSUANT TO SECTION FIVE
HUNDRED SIXTY-EIGHT OF THIS ARTICLE.
  S 567. ADMINISTRATION. 1. THE COMMISSIONER SHALL ESTABLISH  AN  EMPIRE
STATE  INTERNSHIP PROGRAM HEREAFTER KNOWN AS "THE PROGRAM". SUCH PROGRAM
SHALL INCLUDE COMPONENTS DEVELOPED  PURSUANT  TO  SECTION  FIVE  HUNDRED
SIXTY-NINE OF THIS ARTICLE.
  2. THE COMMISSIONER SHALL:
  (A)  CONSULT  WITH  STATE  AGENCIES  INCLUDING  BUT NOT LIMITED TO THE
DEPARTMENT OF LABOR FOR THE PURPOSE OF DEVELOPING THE PROGRAM; AND
  (B) COORDINATE WITH PUBLIC AND PRIVATE INSTITUTIONS OF  HIGHER  EDUCA-
TION  TO ENSURE THAT THEY ARE ABLE TO ASSESS AND EVALUATE THE INTERNSHIP
AS PART OF AN APPLICATION FOR ADMISSION INTO  A  POST  SECONDARY  EDUCA-
TIONAL OR TRAINING PROGRAM.
  3. THE DEPARTMENT SHALL:
  (A) PROVIDE TECHNICAL ASSISTANCE TO SCHOOLS INTERESTED IN ESTABLISHING
AND MAINTAINING SUCH PROGRAM; AND
  (B)  DEVELOP  GUIDELINES FOR THE PROGRAM SUBJECT TO THE COMMISSIONER'S
RULES AND REGULATIONS PURSUANT TO SECTION FIVE  HUNDRED  SEVENTY-ONE  OF
THIS ARTICLE. GUIDELINES SHALL, AT A MINIMUM, INCLUDE:
  (I) STATEMENT OF PROGRAM OBJECTIVES;
  (II) DUTIES AND RESPONSIBILITIES OF WORK-BASED LEARNING COORDINATORS;
  (III)  DUTIES  AND RESPONSIBILITIES OF THE SCHOOL AND EMPLOYER INCLUD-
ING, BUT NOT LIMITED TO MENTORING THE STUDENT;
  (IV) PROCEDURES FOR ESTABLISHING INTERNSHIP OPPORTUNITIES FOR ELIGIBLE
STUDENTS INCLUDING, BUT NOT LIMITED TO: (1) DEFINITION OF  THE  POSITION
AVAILABLE;  (2)  DESCRIPTION OF THE TASKS INVOLVED IN EACH POSITION; AND
(3) EXPLANATION OF THE SKILLS NEEDED TO PERFORM THOSE TASKS;
  (V) STATEMENT OF THE MANNER IN WHICH PROGRAM  COMPONENTS  PURSUANT  TO
SECTION FIVE HUNDRED SIXTY-NINE OF THIS ARTICLE SHALL BE INTEGRATED WITH

S. 625                              3

ACADEMIC  CURRICULA  SUPPORTING  EFFORTS OF STUDENTS TO MEET THE STATE'S
HIGHER LEARNING STANDARDS;
  (VI) STRATEGIES FOR SCHOOLS TO ENSURE STUDENT PARTICIPATION;
  (VII)  PROCEDURES  FOR STUDENT APPLICATIONS INCLUDING, BUT NOT LIMITED
TO:
  (1) A SCHEDULE FOR DATES FOR APPLICATION, SUCH THAT THE INTERNSHIP CAN
BEGIN NO LATER THAN OCTOBER FIRST OF THE STUDENT'S SENIOR YEAR;
  (2) CRITERIA FOR STUDENT SELECTION INCLUDING, BUT NOT LIMITED TO:  (A)
STUDENT  CAREER INTEREST; (B) ACADEMIC PERFORMANCE; AND (C) AN INTERVIEW
WITH A WORK-BASED LEARNING COORDINATOR;
  (VIII) PERFORMANCE  STANDARDS  FOR  PARTICIPATING  IN  THE  INTERNSHIP
INCLUDING,  BUT  NOT  LIMITED  TO:  (1)  ATTENDANCE;  (2)  PARTICIPATION
REQUIREMENTS FOR STUDENTS; (3) COMPLETION OF A FINAL PROJECT PURSUANT TO
SUBDIVISION TWO OF SECTION FIVE HUNDRED SIXTY-NINE OF THIS ARTICLE;  AND
(4) COMPLETION OF ALL OTHER ACADEMIC COURSES; AND
  (IX) PROCEDURES FOR SCHOOLS TO EVALUATE AND ASSESS EACH INTERNSHIP FOR
THE PURPOSE OF AWARDING ACADEMIC CREDITS.
  S  568.  WORK-BASED  LEARNING  COORDINATION. EACH PARTICIPATING SCHOOL
SHALL IN A MANNER CONSISTENT WITH  GUIDELINES  COORDINATE  STUDENTS  AND
EMPLOYERS PARTICIPATING IN SUCH PROGRAM BY:
  1. IDENTIFYING APPROPRIATE CERTIFIED STAFF WITHIN THE SCHOOL SUCH AS A
GUIDANCE  COUNSELOR  OR OTHER STAFF WITHIN NONPUBLIC SCHOOLS WHOM EITHER
HAS EXPERIENCE OR HAS RECEIVED IN-SERVICE TRAINING ENABLING HIM  OR  HER
TO COORDINATE INTERNSHIP ACTIVITIES; OR
  2.  ENTERING  INTO A COOPERATIVE SHARED SERVICE AGREEMENT WITH A BOARD
OF COOPERATIVE EDUCATION SERVICES (BOCES) TO SECURE THE  SERVICES  OF  A
WORK-BASED LEARNING COORDINATOR.
  S  569.  PROGRAM  COMPONENTS.  THE  PROGRAM  SHALL INCLUDE, BUT IS NOT
LIMITED TO THE FOLLOWING COMPONENTS: 1. WORKPLACE EXPERIENCES. WORKPLACE
EXPERIENCES OFFERED BY EMPLOYERS SHALL:
  (A) TAKE PLACE IN THE PRIVATE SECTOR OR IN ANY PUBLIC OR PRIVATE  NOT-
FOR-PROFIT AGENCY OTHER THAN THE SCHOOL DISTRICT;
  (B)  BE  FOR  A  DURATION  OF NOT LESS THAN THREE MONTHS AND INCLUDE A
MINIMUM OF ONE HUNDRED HOURS;
  (C) CONFORM WITH THE REQUIRED NEW YORK STATE LABOR LAWS;
  (D) INVOLVE THE DIRECT APPLICATION OF SKILLS LEARNED IN THE CLASSROOM;
  (E) INCLUDE THE ASSIGNMENT OF A WORKPLACE MENTOR;
  (F) CARRY ACADEMIC CREDIT PURSUANT TO DEPARTMENTAL  GUIDELINES  DEVEL-
OPED IN SECTION FIVE HUNDRED SIXTY-SEVEN OF THIS ARTICLE; AND
  (G)  MAY  INCLUDE  A  STIPEND, AT LOCAL DISCRETION, PROVIDED THAT SUCH
AWARD SHALL NOT BE COUNTED AS INCOME  FOR  THE  PURPOSE  OF  DETERMINING
ELIGIBILITY  FOR  PUBLIC  ASSISTANCE  AND CARE AS DEFINED IN SUBDIVISION
EIGHTEEN OF SECTION TWO OF THE SOCIAL SERVICES LAW AND THAT THE  STUDENT
IS  NOT  SIMULTANEOUSLY EMPLOYED BY THE EMPLOYER PROVIDING THE WORKPLACE
EXPERIENCE.
  2. FINAL PROJECT. THE INTERNSHIP SHALL INCLUDE A FINAL  PROJECT  WHICH
MAY  BE  EITHER  A  WRITTEN OR ORAL PRESENTATION CONNECTED WITH THE WORK
EXPERIENCE.
  3. CERTIFICATE. UPON COMPLETION OF MEETING  THE  REQUIREMENTS  OF  THE
INTERNSHIP  THE  STUDENT  SHALL  BE  AWARDED THE EMPIRE STATE INTERNSHIP
CERTIFICATE WHICH SHALL BE NOTED ON THE STUDENT'S TRANSCRIPT.
  S 570. REPORTING AND EVALUATION. ON OR BEFORE OCTOBER FIRST, TWO THOU-
SAND TWELVE AND EVERY OCTOBER FIRST  THEREAFTER,  THE  DEPARTMENT  SHALL
REPORT  TO  THE  SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE
SENATE, THE CHAIR OF THE ASSEMBLY EDUCATION COMMITTEE, THE CHAIR OF  THE
SENATE  EDUCATION  COMMITTEE AND THE CHAIR OF THE LEGISLATIVE COMMISSION

S. 625                              4

ON SKILLS DEVELOPMENT AND CAREER EDUCATION ON THE PROGRAM.  SUCH  REPORT
SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:
  1. IDENTIFICATION OF PARTICIPATING SCHOOLS IN EACH DISTRICT;
  2. NUMBER OF STUDENTS IN EACH SCHOOL PARTICIPATING IN THE PROGRAM;
  3. NUMBER AND TYPE OF BUSINESSES PARTICIPATING IN THE PROGRAM; AND
  4. DESCRIPTION OF THE TYPES OF INTERNSHIPS.
  S  571. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE RULES
AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
  S 3. This act shall take effect September 1, 2011.