S T A T E   O F   N E W   Y O R K
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                                  2635

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. PRETLOW, SCARBOROUGH, CLARK, ENGLEBRIGHT, SCHIM-
  MINGER, FARRELL, SCHROEDER, HOYT -- Multi-Sponsored by  --  M.  of  A.
  CANESTRARI,  COLTON, COOK, DIAZ, ESPAILLAT, GALEF, GANTT, GLICK, GOTT-
  FRIED, HOOPER, JOHN, LENTOL, McENENY, ORTIZ, PERRY, PHEFFER,  SEMINER-
  IO,  TOWNS,  WEINSTEIN  --  read once and referred to the Committee on
  Education

AN ACT to amend the education law, in relation  to  establishing  family
  literacy  programs  for  economically disadvantaged families living in
  poverty areas or in areas served by low-performing public schools

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

  Section  1. Legislative findings and declaration. It is the purpose of
this act to help break the cycle of poverty and illiteracy by  improving
the  educational  opportunities  for  New  York's low-income families by
funding family literacy programs that integrate early childhood develop-
ment, adult literacy or adult basic education, inter-generational learn-
ing and parenting education. The legislature finds and declares that the
provision of comprehensive  family  literacy  programs  will  help  many
parents  and  children  living  in  poverty  to improve their lives. The
legislature finds that, based on national  and  state  surveys,  persons
with  low  literacy  levels  are  most  likely to live in poverty and be
dependent on public assistance. The legislature  finds  that  a  compar-
atively  high  percentage  of  students  attending low-performing public
schools live in poverty or have parents with  limited  English  language
proficiency or poor literacy skills. The legislature finds that there is
inadequate  funding  to address the illiteracy problem in these communi-
ties.  Therefore, the legislature finds that it  is  necessary  to  fund
family literacy programs targeted to economically disadvantaged families
residing  in poverty areas or in attendance zones served by low-perform-
ing public schools to assist adults and children living in these  commu-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02620-01-9

              

A. 2635                             2

nities  to obtain the skills they need to lead successful and productive
lives.
  S  2.  Section  3641  of  the education law is amended by adding a new
subdivision 15 to read as follows:
  15. FAMILY LITERACY GRANTS. WITHIN THE AMOUNT  APPROPRIATED  FOR  SUCH
PURPOSE,  THE  COMMISSIONER  IS DIRECTED AND AUTHORIZED TO AWARD COMPET-
ITIVE MATCHING GRANTS TO ELIGIBLE PROVIDERS TO SUPPORT THE ESTABLISHMENT
OF COMPREHENSIVE FAMILY LITERACY PROGRAMS. IN ORDER TO BE  ELIGIBLE  FOR
SUCH  A  GRANT,  A  GRANTEE  SHALL  PROVIDE  AN APPROVED FAMILY LITERACY
PROGRAM TO ELIGIBLE FAMILIES.
  A. DEFINITIONS. AS USED IN THIS SECTION:
  (1) "FAMILY LITERACY PROGRAM" MEANS SERVICES THAT  ARE  OF  SUFFICIENT
INTENSITY IN TERMS OF HOURS AND OF SUFFICIENT DURATION TO MAKE SUSTAINA-
BLE  CHANGES  TO A FAMILY AND THAT INTEGRATE ALL OF THE FOLLOWING ACTIV-
ITIES: INTERACTIVE LITERACY ACTIVITIES BETWEEN PARENTS AND  THEIR  CHIL-
DREN;  EDUCATION FOR PARENTS REGARDING HOW TO BE THE PRIMARY TEACHER FOR
THEIR CHILDREN AND FULL PARTNERS IN THE  EDUCATION  OF  THEIR  CHILDREN;
PARENT LITERACY PREPARATION THAT LEADS TO ECONOMIC SELF-SUFFICIENCY; AND
AN  AGE-APPROPRIATE  EDUCATION TO PREPARE CHILDREN FOR SUCCESS IN SCHOOL
AND LIFE EXPERIENCES.
  (2) "ELIGIBLE PARENT" MEANS AN INDIVIDUAL  WHO  IS:  (I)  IN  PARENTAL
RELATION  TO AN ELIGIBLE CHILD, AS DEFINED BY THE COMMISSIONER, AND (II)
IN NEED OF ADULT BASIC EDUCATION, AS DEFINED IN THIS SECTION.
  (3) "ELIGIBLE CHILD" MEANS A CHILD FROM BIRTH THROUGH AGE  TWELVE  WHO
HAS ONE OR MORE ELIGIBLE PARENTS.
  (4)  "ELIGIBLE  FAMILY" MEANS A FAMILY UNIT WHICH CONTAINS ONE OR MORE
ELIGIBLE PARENTS AND ONE OR MORE  ELIGIBLE  CHILDREN  AND  WHOSE  FAMILY
INCOME  IS  AT  OR BELOW THE POVERTY LEVEL AND WHO RESIDES IN AN AREA OF
POVERTY OR IN AN ATTENDANCE  ZONE  SERVED  BY  A  LOW-PERFORMING  PUBLIC
SCHOOL, BOTH AS DEFINED BY THE COMMISSIONER.
  (5)  "ELIGIBLE PROVIDER" MEANS A SCHOOL DISTRICT OR A BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES IN PARTNERSHIP WITH  A  PUBLIC  AGENCY  OR  A
PRIVATE, NONSECTARIAN NOT-FOR-PROFIT AGENCY.
  (6) "AUTHORIZED EXPENDITURES" MEANS THOSE EXPENSES RELATED TO INSTRUC-
TION,  ASSESSMENT, COUNSELING, ADMINISTRATION, PURCHASE OF INSTRUCTIONAL
MATERIALS, PURCHASE OR LEASE OF APPROVED EQUIPMENT, COST  OF  IN-SERVICE
TRAINING FOR PARTICIPATING INSTRUCTORS AND COUNSELORS, DESIGNED TO SERVE
ELIGIBLE FAMILIES AND OTHER ADMINISTRATIVE AND PROGRAM COSTS AS APPROVED
BY  THE COMMISSIONER, OR FOR THE STATEWIDE EVALUATION OF FAMILY LITERACY
PROGRAMS.
  (7) "ADULT EDUCATION" MEANS SERVICES OR INSTRUCTION BELOW THE  POSTSE-
CONDARY LEVEL FOR INDIVIDUALS:
  (A) WHO HAVE ATTAINED SIXTEEN YEARS OF AGE;
  (B)  WHO  ARE  NOT  ENROLLED  OR  REQUIRED TO BE ENROLLED IN SECONDARY
SCHOOL UNDER LAW; AND
  (C) WHO (I) LACK SUFFICIENT MASTERY OF  BASIC  EDUCATIONAL  SKILLS  TO
ENABLE THE INDIVIDUALS TO FUNCTION EFFECTIVELY IN SOCIETY;
  (II)  DO  NOT HAVE A SECONDARY SCHOOL DIPLOMA OR ITS RECOGNIZED EQUIV-
ALENT, AND HAVE NOT ACHIEVED AN EQUIVALENT LEVEL OF EDUCATION; OR
  (III) ARE UNABLE TO SPEAK, READ, OR WRITE THE ENGLISH LANGUAGE.
  B. AWARD OF GRANTS. (1) ELIGIBLE PROVIDERS SHALL SUBMIT  PROPOSALS  TO
THE COMMISSIONER, INCLUDING PROGRAM BUDGETS, TO FUND AUTHORIZED EXPENDI-
TURES  IN SUPPORT OF FAMILY LITERACY PROGRAMS DESIGNED TO SERVE ELIGIBLE
FAMILIES. SUCH PROPOSALS SHALL BE IN A FORM AND SHALL BE SUBMITTED ON  A
SCHEDULE PRESCRIBED BY THE COMMISSIONER.

A. 2635                             3

  (2)  THE COMMISSIONER SHALL ADOPT REGULATIONS TO ESTABLISH ELIGIBILITY
CRITERIA AND PROCEDURES FOR THE AWARD OF SUCH GRANTS  AND  TO  OTHERWISE
IMPLEMENT   THE   PROVISIONS   OF   THIS   SECTION,   PROVIDED   THAT  A
DOLLAR-FOR-DOLLAR MATCH SHALL  BE  REQUIRED  OF  ANY  ELIGIBLE  PROVIDER
APPLYING FOR SUCH GRANTS.
  (3)  THE  COMMISSIONER SHALL AWARD GRANTS ON A COMPETITIVE BASIS USING
THE ELIGIBILITY CRITERIA ESTABLISHED IN REGULATION AND  SHALL  DETERMINE
THE  AMOUNT  OF  EACH  GRANT AWARD, PROVIDED THAT A STATEWIDE EVALUATION
GRANT SHALL NOT EXCEED FIFTY THOUSAND DOLLARS.
  C. PAYMENT SCHEDULE. SUBJECT TO THE AVAILABILITY  OF  FUNDS  FOR  SUCH
PURPOSE,  UPON  APPROVAL  OF A PROPOSAL BY THE COMMISSIONER, THE COMMIS-
SIONER SHALL PROVIDE FOR THE ADVANCE OF TWENTY-FIVE PERCENT OF THE GRANT
AMOUNT. THE REMAINING PORTION OF THE GRANT ALLOCATION SHALL BE  DISTRIB-
UTED  ACCORDING  TO  A  SCHEDULE  PRESCRIBED  BY  THE COMMISSIONER, UPON
SUBMISSION BY THE ELIGIBLE PROVIDER AND APPROVAL BY THE COMMISSIONER  OF
PROGRESS REPORTS AND A FINAL REPORT.
  D.  ANNUAL  REPORT.  ON OR BEFORE MARCH FIFTEENTH, TWO THOUSAND TWELVE
AND BY MARCH FIRST OF  EACH  YEAR  THEREAFTER,  THE  COMMISSIONER  SHALL
SUBMIT  TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE
SPEAKER OF THE ASSEMBLY A REPORT DESCRIBING AND  EVALUATING  THE  FAMILY
LITERACY PROGRAMS FUNDED PURSUANT TO THIS SECTION.
  S 3. This act shall take effect July 1, 2011.