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

                                  1704

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, LIFTON, LUPARDO, ESPAILLAT, SCHROE-
  DER, ARROYO, GABRYSZAK -- Multi-Sponsored by  --  M.  of  A.  DESTITO,
  DIAZ,  EDDINGTON, McENENY, PHEFFER, TOWNS, WEISENBERG -- read once and
  referred to the Committee on Education

AN ACT to amend the education law, in relation to courses of instruction
  in the aging process, issues related to aging, understanding and plan-
  ning for long-term care and intergenerational programming

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

  Section  1.  Legislative  intent.  America's future is in the hands of
today's youth who, as adults, will face a challenge unique to the histo-
ry of mankind: a "graying society".  Today's youth will need  to  become
educated and prepare to care for aging parents at an increasing personal
cost,  understand  and invest in long-term care health insurance as part
of their own long-range family planning, develop healthy  lifestyles  to
ensure  their own successful aging, and work to eliminate negative views
about aging. Despite the "graying" of our society, children at all grade
levels have negative images of  older  people.  This  is  reiterated  in
AARP's IMAGES IN AMERICA (1995), which included a national random sample
of  teens  and  a  survey  of children ages 6-11. This study showed that
children form negative stereotypes about the elderly  at  a  very  early
age.  This should not be surprising given the media's portrayal of older
adults as well as  the  disconnect  between  the  generations.  Children
perceive  growing  older  as a process of decline, without potential for
growth and fulfillment. Images of aging as depicted in children's  draw-
ings  emphasize  disabilities,  isolation  and  dependency. Missing from
children's images is the vision of physical and mental wellness in later
life, involvement with  others,  independent  living,  productivity  and
connection  with  the  larger  community. Despite the knowledge of chil-
dren's negative attitudes about older people, very little is being  done
to  prepare  our  youth  to  meet these challenges, and most high school

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05100-01-9
              

A. 1704                             2

graduates receive  little  information  on  the  physiological,  social,
psychological  or  economic  effects of aging.  Several researchers have
found that when schools  have  initiated  programs  at  different  grade
levels  to teach about aging, the results have been very positive on how
children view older people and the aging. In addition, interactions with
older people were found to be a factor in forming positive images of the
elderly and reducing  stereotyping.  Furthermore,  this  knowledge  will
enable  students to better prepare themselves for planning for their own
retirement and long-term care needs.  For  all  of  these  reasons,  the
legislature  is  prescribing  the  inclusion of instruction on the aging
process, issues related to aging, understanding and planning  for  long-
term care and intergenerational programming in the New York state school
curriculum.
  S  2.  The  education  law is amended by adding a new section 804-e to
read as follows:
  S 804-E. COURSES OF INSTRUCTION IN THE AGING PROCESS,  ISSUES  RELATED
TO AGING, UNDERSTANDING AND PLANNING FOR LONG-TERM CARE, AND INTERGENER-
ATIONAL  PROGRAMMING.  1.  A.  THE  REGENTS  SHALL  PRESCRIBE COURSES OF
INSTRUCTION ON THE AGING PROCESS, ISSUES RELATED TO AGING, UNDERSTANDING
AND PLANNING FOR LONG-TERM CARE, AND INTERGENERATIONAL PROGRAMMING TO BE
MAINTAINED AND FOLLOWED IN ALL THE SECONDARY SCHOOLS OF THE  STATE.  THE
BOARDS  OF EDUCATION AND TRUSTEES OF THE SEVERAL SCHOOL DISTRICTS OF THE
STATE SHALL REQUIRE INSTRUCTION TO BE  GIVEN  IN  SUCH  COURSES  BY  THE
TEACHERS EMPLOYED IN THE SECONDARY SCHOOLS THEREIN. ALL PUPILS ATTENDING
SUCH SECONDARY SCHOOLS SHALL ATTEND UPON SUCH INSTRUCTION.
  B.  SIMILAR  COURSES OF INSTRUCTION SHALL BE PRESCRIBED AND MAINTAINED
IN PRIVATE SECONDARY SCHOOLS IN  THE  STATE,  AND  ALL  PUPILS  IN  SUCH
SECONDARY  SCHOOLS  SHALL  ATTEND UPON SUCH COURSES. IF SUCH COURSES ARE
NOT SO ESTABLISHED AND MAINTAINED IN A PRIVATE SECONDARY SCHOOL, ATTEND-
ANCE UPON INSTRUCTION IN SUCH  SECONDARY  SCHOOL  SHALL  NOT  BE  DEEMED
SUBSTANTIALLY  EQUIVALENT  TO INSTRUCTION GIVEN TO PUPILS OF LIKE AGE IN
THE PUBLIC SECONDARY SCHOOLS OF THE SCHOOL DISTRICT IN WHICH SUCH PUPILS
RESIDE.
  2. THE REGENTS, IN CONSULTATION WITH THE STATE OFFICE  FOR  THE  AGING
SHALL  DETERMINE  THE SUBJECTS, TOPICS AND PROGRAMMING TO BE INCLUDED IN
SUCH COURSES OF INSTRUCTION ON THE  AGING  PROCESS,  ISSUES  RELATED  TO
AGING,  UNDERSTANDING  AND PLANNING FOR LONG-TERM CARE, AND INTERGENERA-
TIONAL PROGRAMMING, IN ADDITION TO THE PERIOD OF INSTRUCTION IN EACH  OF
THE  SECONDARY  GRADES IN SUCH SUBJECTS, TOPICS AND PROGRAMMING.  INTER-
GENERATIONAL PROGRAMMING MAY INCLUDE BUT NOT  BE  LIMITED  TO  UTILIZING
SENIOR CITIZEN VOLUNTEERS TO MENTOR STUDENTS AND TEACH LESSONS, ENGAGING
STUDENTS  IN  INTERGENERATIONAL SERVICE LEARNING PROJECTS, CONGREGATE OR
HOME DELIVERED MEALS PROGRAMS, AND NURSING HOME VISITS.
  3. THE REGENTS SHALL ADOPT RULES PROVIDING FOR  ATTENDANCE  UPON  SUCH
INSTRUCTION AND FOR SUCH OTHER MATTERS AS ARE REQUIRED FOR CARRYING INTO
EFFECT  THE OBJECTS AND PURPOSES OF THIS SECTION. THE COMMISSIONER SHALL
BE RESPONSIBLE FOR THE ENFORCEMENT OF THIS SECTION AND SHALL CAUSE TO BE
INSPECTED AND SUPERVISE THE INSTRUCTION TO BE GIVEN IN SUCH SUBJECTS AND
TOPICS. THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, CAUSE ALL  OR  A
PORTION  OF  THE  PUBLIC  SCHOOL  MONEY  TO  BE  APPORTIONED TO A SCHOOL
DISTRICT TO BE WITHHELD FOR FAILURE OF THE SCHOOL  AUTHORITIES  OF  SUCH
DISTRICT TO PROVIDE INSTRUCTION IN SUCH COURSES AND TO COMPEL ATTENDANCE
UPON SUCH INSTRUCTION, AS PRESCRIBED IN THIS SECTION, AND FOR A NON-COM-
PLIANCE  WITH  THE  RULES  OF  THE  REGENTS  ADOPTED AS PROVIDED IN THIS
SECTION.

A. 1704                             3

  S 3. Paragraph (h) of subdivision 2 of section 355  of  the  education
law is amended by adding a new subparagraph 10 to read as follows:
  (10)  IN FORMULATING THE CURRICULUM FOR EACH COLLEGE AND UNIVERSITY OF
THE STATE UNIVERSITY, THE BOARD OF TRUSTEES SHALL  REQUIRE  AND  INCLUDE
INSTRUCTION IN THE AGING PROCESS, ISSUES RELATED TO AGING, UNDERSTANDING
AND  PLANNING FOR LONG-TERM CARE, AND INTERGENERATIONAL PROGRAMMING. THE
BOARD OF TRUSTEES, IN CONSULTATION WITH THE STATE OFFICE FOR THE  AGING,
SHALL  FURTHER  ESTABLISH  AND DISTRIBUTE GUIDELINES, PERTAINING TO SUCH
INSTRUCTION, INCLUDING CREDIT HOURS, TO THE PRESIDENT  OF  EACH  COLLEGE
AND UNIVERSITY OF THE STATE UNIVERSITY.
  S  4.  Section  6206  of  the education law is amended by adding a new
subdivision 17 to read as follows:
  17. IN FORMULATING THE CURRICULUM FOR EACH COLLEGE OF THE CITY UNIVER-
SITY, THE BOARD OF TRUSTEES SHALL REQUIRE AND INCLUDE INSTRUCTION IN THE
AGING PROCESS, ISSUES RELATED TO AGING, UNDERSTANDING AND  PLANNING  FOR
LONG-TERM  CARE,  AND  INTERGENERATIONAL PROGRAMMING. THE BOARD OF TRUS-
TEES, IN CONSULTATION WITH THE STATE OFFICE FOR THE AGING, SHALL FURTHER
ESTABLISH AND DISTRIBUTE GUIDELINES,  PERTAINING  TO  SUCH  INSTRUCTION,
INCLUDING  CREDIT  HOURS,  TO  THE PRESIDENT OF EACH COLLEGE OF THE CITY
UNIVERSITY.
  S 5. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.