S T A T E O F N E W Y O R K
________________________________________________________________________
5344
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. KOON -- Multi-Sponsored by -- M. of A. ALFANO,
BARRA -- read once and referred to the Committee on Higher 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
A. 5344 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
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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
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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.