S T A T E   O F   N E W   Y O R K
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                                  1763

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by M. of A. MORELLE -- Multi-Sponsored by -- M. of A. MAGEE,
  McENENY -- read once and referred to the Committee on Education

AN ACT to amend the  education  law,  in  relation  to  establishing  an
  economic  and  entrepreneurial  education program in the department of
  education, and making an appropriation therefor, and providing for the
  repeal of such provisions upon expiration thereof

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

  Section 1. Legislative findings. Continued prosperity and stability of
our  democratic  society  depends  upon an educated populace that under-
stands the basic economic principles, concepts  and  contributions  that
labor  and  management  have  made  which underlie the American economy.
These principles and concepts  include  an  understanding  of  the  free
enterprise  system  and  the  important  role  of  labor in building and
sustaining long-term economic growth.   The  board  of  regents  of  the
university of the state of New York has recently recognized this fact by
the  creation of a mandate which states that all high school students in
the state must successfully complete a semester course in economics as a
requirement for graduation from high  school.  This  requirement,  which
responds  to  an  important  need,  presents  a  problem  to  the school
districts of the state because it necessitates a major effort in service
education. Teachers who have little or no training in economics must  be
given the knowledge and skills to be able to teach this required course.
In  addition, economic concepts have been thoroughly integrated into all
instructional  areas  in  the  new  occupational  education  curriculum,
including  the  home  and  career  skills  study of resource management,
mandated for all occupational  education  students.  Thus,  teachers  in
business/marketing  education,  home economics, and other social studies
courses must also be given similar training so that they can deal effec-
tively in explaining the role of labor and management in  the  evolution
of the American economy.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04122-01-9
              

A. 1763                             2

  Furthermore,  a  key to sustained economic growth of New York state is
the ability of its citizens to identify new business ideas and  opportu-
nities and to develop them into new business and industry, both of which
are dependent upon the entrepreneurial spirit and the role of labor. The
role  of  government  in  creating  the entrepreneurial spirit needed to
develop new business is limited, but it can  and  should  encourage  and
nurture  that spirit through fostering an understanding and appreciation
of the process of new enterprise development.  At present,  students  in
the  state's  secondary  schools are not receiving such an understanding
and appreciation because: (i)  few  social  studies,  business/marketing
education,  economics, and labor history teachers are themselves trained
in this field; and  (ii)  instructional  materials,  teaching  aids  and
activities  to support curricular changes with regard to entrepreneurial
education and education on the principles of economics and labor history
as it relates to our economy have not been developed as they  have  been
for general economic education.
  Furthermore,  few programs exist relating the principles and theory of
economics to practice, and  inadequate  linkages  exist  between  school
programs,  the  private  sector  and organized labor to foster an under-
standing and articulation process.
  Therefore, it is vital that teachers be  afforded  an  opportunity  to
upgrade their knowledge of how the American economic system, trade union
movements  and  the  entrepreneurial  development process function; that
instructional materials, teaching aids, and activities be  developed  to
assist  teachers responsible for entrepreneurial education and education
on the economy; and that public-private sector partnerships be formed to
link the theory and practice of entrepreneurship and  economics  in  the
classroom and through extra-curricular activities.
  S 2. The education law is amended by adding a new section 4608 to read
as follows:
  S 4608. ECONOMIC AND ENTREPRENEURIAL EDUCATION. 1. THE COMMISSIONER IS
HEREBY  AUTHORIZED  AND DIRECTED TO ESTABLISH AND SUPPORT, WITHIN AVAIL-
ABLE APPROPRIATIONS, ECONOMIC  AND  ENTREPRENEURIAL  EDUCATION  PROGRAMS
DESIGNED  TO FOSTER AN UNDERSTANDING AND APPRECIATION OF THE BASIC PRIN-
CIPLES OF ECONOMICS INCLUDING THE ROLE AND IMPACT OF LABOR  IN  ECONOMIC
GROWTH  AND  OF  THE  PROCESS OF NEW ENTERPRISE DEVELOPMENT IN SECONDARY
SCHOOL STUDENTS AND TEACHERS THROUGHOUT THE STATE.
  2. IN FURTHERANCE OF THE PURPOSES OF THIS  SECTION,  THE  COMMISSIONER
SHALL:
  (A)  CONTRACT  WITH  ANY  NON-PROFIT AGENCY SUITABLY QUALIFIED FOR THE
PURPOSE OF  HOLDING  SEMINARS,  CONFERENCES  AND  MEETINGS  DESIGNED  TO
IMPROVE THE ECONOMIC EDUCATION INCLUDING LABOR MARKET ANALYSIS OF SOCIAL
STUDIES, BUSINESS/MARKETING EDUCATION AND HOME ECONOMICS TEACHERS IN THE
SECONDARY SCHOOLS OF THE STATE.
  (B)  CONTRACT  WITH  ANY  NON-PROFIT AGENCY SUITABLY QUALIFIED FOR THE
PURPOSE OF  HOLDING  SEMINARS,  CONFERENCES  AND  MEETINGS  DESIGNED  TO
IMPROVE    THE    ENTREPRENEURIAL    EDUCATION    OF   SOCIAL   STUDIES,
BUSINESS/MARKETING EDUCATION AND HOME ECONOMICS TEACHERS IN THE  SECOND-
ARY  SCHOOLS  OF THE STATE, INCLUDING THEIR UNDERSTANDING OF THE PRINCI-
PLES OF ENTREPRENEURSHIP, THE ROLE OF ENTREPRENEURS IN THE  ECONOMY  AND
THE ROLE OF LABOR AND MANAGEMENT IN THE HISTORY OF THE UNITED STATES.
  (C)  CONTRACT  WITH  A  PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY IN THE
STATE HAVING AN ESTABLISHED ENTREPRENEURSHIP PROGRAM, CENTER  OR  INSTI-
TUTE  TO  DEVELOP  INSTRUCTIONAL MATERIALS, TEACHING AIDS, AND IN-SCHOOL
PROGRAMS, RELATED TO ENTREPRENEURIAL EDUCATION AND PRINCIPLES OF ECONOM-
ICS INCLUDING THE ROLE OF LABOR IN  ECONOMIC  DEVELOPMENT,  FOR  USE  IN

A. 1763                             3

SECONDARY  SCHOOLS,  AND  TO  CONDUCT  A  SUMMER INSTITUTE FOR SECONDARY
SCHOOL TEACHERS IN THE PRINCIPLES OF  ENTREPRENEURSHIP,  ENTREPRENEURIAL
EDUCATION  AND  THE  CONTRIBUTIONS LABOR AND MANAGEMENT HAVE MADE TO THE
EVOLUTION AND GROWTH OF THE AMERICAN ECONOMY.
  (D)  CREATE  AN  ENTERPRISE  CHALLENGE  GRANT PROGRAM TO FOSTER PUBLIC
SCHOOL-PRIVATE SECTOR COOPERATIVE PROGRAMS OF ENTREPRENEURIAL  EDUCATION
AND  EDUCATION  ON THE ROLE OF LABOR AND MANAGEMENT THROUGH THE DEVELOP-
MENT OF IN-SCHOOL AND EXTRA-CURRICULAR PROGRAMS AND ACTIVITIES  DESIGNED
TO  COMPLEMENT  AND  ENHANCE  INSTRUCTION IN LABOR AND MANAGEMENT IN THE
CLASSROOM.
  3. CONTRACTS AUTHORIZED PURSUANT TO PARAGRAPHS (A),  (B)  AND  (C)  OF
SUBDIVISION  TWO OF THIS SECTION SHALL BE AWARDED ON A COMPETITIVE BASIS
IN RESPONSE TO REQUESTS FOR PROPOSALS SETTING FORTH  SUCH  CRITERIA  AND
REQUIREMENTS  AS  THE  COMMISSIONER  DEEMS  NECESSARY,  EXCEPT  THAT THE
COMMISSIONER MAY ENTER INTO SUCH CONTRACTS TO CONTINUE A PROGRAM  PREVI-
OUSLY FUNDED BY THE DEPARTMENT FOR THE PURPOSES SET FORTH IN SUBDIVISION
TWO OF THIS SECTION WITHOUT FIRST ISSUING A REQUEST FOR PROPOSALS.
  4.  CHALLENGE  GRANTS AWARDED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION
TWO OF THIS SECTION SHALL BE AWARDED ON A COMPETITIVE BASIS IN  RESPONSE
TO  REQUESTS  FOR PROPOSALS SETTING FORTH SUCH CRITERIA AND REQUIREMENTS
AS THE COMMISSIONER DEEMS NECESSARY AND UPON A JOINT APPLICATION FROM  A
SCHOOL DISTRICT AND A PRIVATE SECTOR SPONSORING ORGANIZATION, AND MAY BE
USED  TO PLAN, ESTABLISH AND IMPLEMENT IN-SCHOOL PROGRAMS AND EXTRA-CUR-
RICULAR ACTIVITIES,  INCLUDING  MENTORING  PROGRAMS,  INVOLVING  PRIVATE
SECTOR PARTICIPATION AND COOPERATION, AND TO PURCHASE MATERIALS FOR SUCH
PROGRAMS.  PREFERENCE SHALL BE GIVEN TO THOSE APPLICATIONS WHICH PROVIDE
A MATCHING GRANT FROM THE SCHOOL DISTRICT AND/OR  PRIVATE  SECTOR  GROUP
PARTICIPATING  IN  THE  PROGRAM.  NO GRANT SHALL BE AWARDED IN EXCESS OF
FIVE THOUSAND DOLLARS. SCHOOL DISTRICTS CONTAINING MORE THAN ONE SECOND-
ARY SCHOOL MAY APPLY FOR MULTIPLE GRANTS FOR IMPLEMENTATION OF A PROGRAM
IN MORE THAN ONE SCHOOL, BUT NO SCHOOL DISTRICT SHALL RECEIVE MORE  THAN
TWENTY-FIVE  PERCENT  OF  THE  TOTAL NUMBER OF GRANTS AWARDED IN ANY ONE
STATE FISCAL YEAR.
  5. APPLICATIONS IN RESPONSE TO  REQUESTS  FOR  PROPOSALS  PURSUANT  TO
SUBDIVISIONS  THREE  AND  FOUR OF THIS SECTION SHALL INCLUDE, BUT NOT BE
LIMITED TO:
  (A) A DESCRIPTION OF THE PROGRAM TO BE OFFERED;
  (B) DESIGNATION OF A PROGRAM DIRECTOR;
  (C) A PROGRAM BUDGET, INCLUDING MATCHING FUNDS, IN-FUND AND OTHERWISE,
TO BE PROVIDED BY THE APPLICANT;
  (D) LINKAGES TO OTHER EXISTING PROGRAMS; AND
  (E) SUCH OTHER REQUIREMENTS AS DEEMED NECESSARY BY THE COMMISSIONER.
  6. THE COMPTROLLER, OR HIS LEGALLY AUTHORIZED REPRESENTATIVE, IS HERE-
BY AUTHORIZED AND EMPOWERED TO EXAMINE THE BOOKS  AND  ACCOUNTS  OF  THE
DEPARTMENT RELATING TO PROGRAM GRANTS MADE PURSUANT TO THE PROVISIONS OF
THIS  SECTION, INCLUDING ITS RECEIPTS, DISBURSEMENTS, CONTRACTS, LEASES,
LOANS AND ANY OTHER SUCH MONIES RELATING  TO  ITS  FINANCIAL  OPERATIONS
WITH RESPECT TO SUCH PROGRAMS.
  7. THE DEPARTMENT SHALL:
  (A)  MONITOR  THE  PERFORMANCE  OF  THE PROGRAM ESTABLISHED UNDER THIS
SECTION AND REQUIRE PERIODIC AND ANNUAL REPORTS FROM EACH RECIPIENT OF A
CHALLENGE GRANT OR CONTRACT AT  SUCH  TIME  AND  IN  SUCH  A  MANNER  AS
PRESCRIBED BY THE COMMISSIONER.
  (B)  EVALUATE  THE  PROGRAM  AND REPORT ANNUALLY, ON OR BEFORE JANUARY
FIFTEENTH, TWO THOUSAND TWELVE AND ON OR BEFORE EACH  JANUARY  FIFTEENTH
THEREAFTER,  THE  RESULTS  OF  SUCH  EVALUATION  TO THE GOVERNOR AND THE

A. 1763                             4

LEGISLATURE. SUCH REPORT SHALL DISCUSS THE SUCCESS  OF  THE  PROGRAM  IN
MEETING  ITS  GOALS, AND SHALL RECOMMEND CHANGES AND IMPROVEMENTS IN THE
PROGRAM.
  (C) SUBMIT TO THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE CHAIRMAN
OF  THE  SENATE  FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE AN EVALUATION OF PROGRAM EFFECTIVENESS, CONDUCTED BY
AN ENTITY INDEPENDENT  OF  THE  DEPARTMENT.  SUCH  EVALUATION  SHALL  BE
SUBMITTED BY JANUARY FIRST, TWO THOUSAND THIRTEEN AND SHALL BE TRANSMIT-
TED WITH COMMENT ON SUCH EVALUATION BY THE COMMISSIONER.
  S  3.  The  sum of two hundred thousand dollars ($200,000), or so much
thereof as may be necessary, is hereby  appropriated  to  the  education
department  out  of any moneys in the state treasury in the general fund
to the credit of the state purposes account, not otherwise  appropriated
and made immediately available, as follows:
  a.  Fifty  thousand  dollars ($50,000), for the purpose of contracting
with any non-profit agency suitably qualified for the purpose of holding
seminars, conferences, and meetings designed to improve the economic and
entrepreneurial education of social studies,  business/marketing  educa-
tion,  and home economics teachers in the secondary schools of our state
pursuant to paragraphs (a), (b) and (c) of subdivision 2 of section 4608
of the education law, as added by section two of this act; and
  b. One hundred fifty thousand dollars ($150,000), for the  purpose  of
creating  an enterprise challenge grant program to foster public school-
private sector cooperative programs of entrepreneurial education through
the development of in-school and extra-curricular  programs  and  activ-
ities  designed  to  complement and enhance entrepreneurial education in
the classroom pursuant to paragraph (d) of subdivision 2 of section 4608
of the education law, as added by section two of this act.  Such  grants
of  from one thousand dollars to five thousand dollars are to be awarded
on a competitive basis to school districts upon a joint application from
a school district and a private sector sponsoring organization  and  may
be  used  to plan, establish and implement in-school programs and extra-
curricular activities, including mentoring programs,  involving  private
sector participation and cooperation, and to purchase materials for such
programs.  Preference shall be given to those applications which provide
a  matching  grant  from the school district and/or private sector group
participating in the program. A total of up to thirty-two grants may  be
made  available.  School  districts  containing  more than one secondary
school may apply for multiple grants for implementation of a program  in
more  than  one  school,  but no school district shall receive more than
eight grants.
  Such moneys shall be payable on the audit and  warrant  of  the  comp-
troller  on vouchers certified or approved by the commissioner of educa-
tion in the manner prescribed by law.
  S 4. This act shall take effect immediately and shall expire March 31,
2013 when upon such date the provisions of  this  act  shall  be  deemed
repealed.