S T A T E   O F   N E W   Y O R K
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                                  5284

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by  M. of A. MENG, PHEFFER, GREENE, N. RIVERA -- Multi-Spon-
  sored by -- M. of A.   ABBATE, BRENNAN, WEISENBERG --  read  once  and
  referred to the Committee on Education

AN ACT to amend the education law, in relation to establishing the twen-
  ty-first  century  after  school grant program and making an appropri-
  ation therefor

  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 section 319 to
read as follows:
  S  319.  TWENTY-FIRST  CENTURY  AFTER  SCHOOL  GRANT PROGRAM. 1. GRANT
PROGRAM ESTABLISHED. THERE IS HEREBY ESTABLISHED UNDER THE  JURISDICTION
OF  THE  COMMISSIONER  A  GRANT PROGRAM FOR THE PURPOSES OF ESTABLISHING
LOCAL AFTER SCHOOL PROGRAMS THROUGH  PARTNERSHIPS  BETWEEN  SCHOOLS  AND
MUNICIPALITIES  TO PROVIDE ACADEMIC SUPPORT AND ENRICHMENT AS A SAFE AND
CONSTRUCTIVE AFTER  SCHOOL  ALTERNATIVE  FOR  PUPILS  FROM  KINDERGARTEN
THROUGH  TWELFTH  GRADE  IN  THE  HOURS AFTER THE REGULAR SCHOOL DAY AND
LOCATED AT  PARTICIPATING  PUBLIC  SCHOOL  BUILDINGS  INCLUDING  CHARTER
SCHOOLS.
  2.  USE  OF GRANTS. (A) GRANTS AWARDED PURSUANT TO THIS SECTION MAY BE
USED BY ELIGIBLE APPLICANTS  TO  ESTABLISH  LOCAL  TWENTY-FIRST  CENTURY
AFTER SCHOOL PROGRAMS AS DESCRIBED IN THIS SUBDIVISION. ANY SUCH PROGRAM
SHALL CONSIST OF THE FOLLOWING TWO COMPONENTS:
  (I) AN EDUCATIONAL AND LITERACY COMPONENT WHEREBY TUTORING OR HOMEWORK
ASSISTANCE  IS  PROVIDED IN ONE OR MORE OF THE FOLLOWING AREAS: LANGUAGE
ARTS, MATHEMATICS, HISTORY AND SOCIAL  SCIENCE,  COMPUTER  TRAINING,  OR
SCIENCE; AND
  (II)  A  COMPONENT  WHEREBY EDUCATIONAL ENRICHMENT, INCLUDING, BUT NOT
LIMITED TO, FINE ARTS, CAREER TECHNICAL EDUCATION, RECREATION,  PHYSICAL
FITNESS,  AND PREVENTION ACTIVITIES, IS PROVIDED BY LOCAL VOLUNTEERS, OR
STAFF PAID IN ACCORDANCE WITH ANY EXISTING CONTRACTUAL AGREEMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05301-01-9
              

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  (B) EACH PROGRAM ESTABLISHED PURSUANT TO  THIS  SUBDIVISION  SHALL  BE
PLANNED  THROUGH  A  COLLABORATIVE PROCESS THAT INCLUDES PARENTS, YOUTH,
AND  REPRESENTATIVES  OF  PARTICIPATING  SCHOOLS,  MUNICIPAL   AGENCIES,
INCLUDING  BUT  NOT  LIMITED  TO,  PARKS AND RECREATION DEPARTMENTS, LAW
ENFORCEMENT,  COMMUNITY  NON-GOVERNMENTAL ORGANIZATIONS, AND THE PRIVATE
SECTOR.
  (C) ANY PUPIL ATTENDING A SCHOOL HOSTING A PROGRAM  PURSUANT  TO  THIS
SUBDIVISION  IS ELIGIBLE TO PARTICIPATE IN SUCH PROGRAM. PROGRAMS ESTAB-
LISHED PURSUANT TO THIS SUBDIVISION ARE NOT REQUIRED  TO  CHARGE  FAMILY
FEES  OR  CONDUCT  INDIVIDUAL ELIGIBILITY DETERMINATION BASED ON NEED OR
INCOME, BUT MAY DO SO SUBJECT TO REGULATIONS DETERMINED BY  THE  COMMIS-
SIONER.
  (D)  EACH  LOCAL PROGRAM SHALL ESTABLISH A POLICY REGARDING REASONABLE
EARLY RELEASE OF PUPILS FROM THE PROGRAM. FOR THOSE  PROGRAMS  OPERATING
IN  A  COMMUNITY  OR HOST SCHOOL WHERE THE EARLY RELEASE POLICY DOES NOT
MEET THE UNIQUE NEEDS OF SUCH COMMUNITY OR SCHOOL,  DOCUMENTED  EVIDENCE
MAY  BE SUBMITTED TO THE COMMISSIONER FOR AN EXCEPTION AND A REQUEST FOR
APPROVAL OF AN ALTERNATIVE POLICY.
  3. GRANT APPLICATION. (A) ELIGIBLE APPLICANTS FOR GRANTS  PURSUANT  TO
THIS SECTION SHALL INCLUDE:
  (I)  A PUBLIC SCHOOL DISTRICT OR BUILDING WITHIN A DISTRICT, INCLUDING
A CHARTER SCHOOL; OR
  (II) A MUNICIPALITY AND/OR A  COMMUNITY-BASED  AGENCY  IN  PARTNERSHIP
WITH THE LOCAL PUBLIC SCHOOL DISTRICT OR BUILDING WITHIN SUCH DISTRICT.
  (B)  NO  GRANT MAY BE AWARDED UNDER THIS SECTION UNLESS AN APPLICATION
HAS BEEN SUBMITTED ON FORMS AND IN A MANNER PRESCRIBED  BY  THE  COMMIS-
SIONER.    SUCH  APPLICATION FOR A GRANT SHALL DEMONSTRATE SPECIFIC NEED
FOR AN AWARD OF A GRANT AND OTHER CRITERIA  DEEMED  APPROPRIATE  BY  THE
COMMISSIONER, INCLUDING MINIMUM PROGRAM STANDARDS AND CONTENT INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING:
  (I)  COMMITMENTS OF EACH PARTNER TO OPERATE A PROGRAM ON A HOST SCHOOL
SITE OR SITES AND  TO  SHARE  RESPONSIBILITY  FOR  THE  QUALITY  OF  THE
PROGRAM;
  (II)  APPROVAL  FOR  SUCH  PROGRAM  HAS BEEN APPROVED BY THE GOVERNING
BOARD OF THE SCHOOL DISTRICT AND THE PRINCIPAL OF EACH HOST SCHOOL  SITE
OR SITES;
  (III)  A  DESIGNATED  FISCAL  AGENT AND POLICIES REFLECTING ALL FISCAL
REPORTING AND AUDITING STANDARDS REQUIRED BY  THE  CITY  OR  COUNTY,  OR
STATE;
  (IV)  A  FORMAL COMPLAINT PROCESS ESTABLISHED AND TO BE POSTED AT EACH
HOST SCHOOL SITE;
  (V) EXTENT TO  WHICH  ACADEMIC  SUPPORT  AND  ENRICHMENT  COURSES  ARE
CURRICULUM  BASED  OR  CURRICULUM COMPLEMENTARY IN AREAS OF ARTS, CAREER
TECHNICAL EDUCATION, RECREATION, COMPUTER USE, AND OTHER  ACTIVITIES  TO
BROADEN THE PUPIL'S LEARNING EXPERIENCE;
  (VI) PROVISIONS FOR STAFF TRAINING AND DEVELOPMENT;
  (VII)  EXTENT  OF COLLABORATION WITHIN THE COMMUNITY, INCLUDING DEMON-
STRATED SUPPORT OF THE HOST SCHOOL ADMINISTRATION, FACULTY AND STAFF.
  4. PROHIBITED USES. GRANT MONIES AWARDED UNDER THIS SECTION MAY NOT BE
USED TO SUPPLANT EXISTING FEDERAL, STATE, OR LOCAL RESOURCES.
  5. TECHNICAL ASSISTANCE. (A) THE COMMISSIONER  MAY  PROVIDE  TECHNICAL
ASSISTANCE  TO  SCHOOL  DISTRICTS  IN THE FURTHERANCE OF THE PURPOSES OF
THIS SECTION. SUCH TECHNICAL  ASSISTANCE  MAY  INCLUDE  INSTRUCTION  AND
SEMINARS FOR THE DESIGN OF PROGRAMS DESCRIBED IN SUBDIVISION TWO OF THIS
SECTION.

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  (B)  THE  DEPARTMENT  SHALL PROVIDE NOTICE TO ALL SCHOOLS ELIGIBLE FOR
GRANTS PURSUANT TO THIS SECTION OF THE AVAILABILITY OF  SUCH  GRANTS  AS
WELL AS THE PROCESS FOR MAKING APPLICATION.
  S  2.  The sum of five hundred thousand dollars ($500,000), or so much
thereof as may be necessary, is hereby appropriated to the  division  of
criminal justice services out of any moneys in the state treasury in the
general  fund  to the credit of the local assistance account, not other-
wise appropriated, and made immediately available, for  the  purpose  of
carrying out the provisions of this act. Such moneys shall be payable on
the  audit  and  warrant  of  the  comptroller  on vouchers certified or
approved by  the  commissioner  of  the  division  of  criminal  justice
services in the manner prescribed by law.
  S 3. This act shall take effect immediately.