S T A T E O F N E W Y O R K
________________________________________________________________________
3907
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, MARKEY, MILLMAN, COLTON, J. RIVERA,
MAISEL, ABBATE, PHEFFER, BROOK-KRASNY, CLARK, LUPARDO, MAGNARELLI,
ALESSI, GUNTHER, BOYLAND, BRADLEY, DINOWITZ -- Multi-Sponsored by --
M. of A. BENEDETTO, CHRISTENSEN, DESTITO, EDDINGTON, GOTTFRIED,
JACOBS, LATIMER, McENENY, OAKS, PAULIN, REILLY, STIRPE, SWEENEY --
read once and referred to the Committee on Aging
AN ACT to amend the elder law, in relation to establishing an intergen-
erational educational and mentoring service program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The elder law is amended by adding a new article 4 to read
as follows:
ARTICLE IV
INTERGENERATIONAL EDUCATIONAL
AND MENTORING SERVICE
PROGRAM
SECTION 401. DEFINITIONS.
402. LOCAL INTERGENERATIONAL EDUCATIONAL AND MENTORING SERVICE
PROGRAMS.
403. DUTIES OF THE DIRECTOR.
404. FUNDING.
405. REPORT.
S 401. DEFINITIONS. AS USED IN THIS SECTION:
1. "ADVISORY COMMITTEE" SHALL MEAN THE ADVISORY COMMITTEE FOR THE
AGING ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TEN OF THIS CHAPTER.
2. "DESIGNATED AGENCY" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO
SUCH TERM BY PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED
FOURTEEN OF THIS CHAPTER.
3. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE FOR THE AGING.
4. "INTERGENERATIONAL EDUCATIONAL AND MENTORING PROGRAM" SHALL MEAN A
STATEWIDE PROGRAM ADMINISTERED BY THE DIRECTOR, IN CONSULTATION WITH THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07108-01-9
A. 3907 2
COMMISSIONER OF EDUCATION, THAT COORDINATES A NETWORK OF LOCAL INTERGEN-
ERATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAMS.
5. "LOCAL INTERGENERATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAM"
SHALL MEAN A LOCAL PROJECT THAT IS SELECTED BY THE DIRECTOR TO BE THE
LEAD AGENCY IN EACH COMMUNITY TO COORDINATE THE DELIVERY OF SUPPORT
SERVICES BY MEMBERS IN LOCAL ELEMENTARY SCHOOLS.
6. "MEMBER" SHALL MEAN AN INDIVIDUAL FIFTY-FIVE YEARS OF AGE OR OLDER
WHO VOLUNTEERS AND PARTICIPATES IN THE ACTIVITIES OF A LOCAL INTERGENER-
ATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAM ASSISTING STUDENTS.
PROVIDED THAT NO PERSON, WHO REPLACES ANY WORKER PROVIDING SUCH SERVICES
UNDER A CONTRACT WITH A COLLECTIVE BARGAINING UNIT, SHALL BE DEEMED TO
BE A MEMBER.
7. "OFFICE" SHALL MEAN THE OFFICE FOR THE AGING.
S 402. LOCAL INTERGENERATIONAL EDUCATIONAL AND MENTORING SERVICE
PROGRAMS. THE OFFICE, THROUGH THE INTERGENERATIONAL EDUCATIONAL AND
MENTORING SERVICE PROGRAM, SHALL PROVIDE ALL SUPPORT AND ASSISTANCE TO
LOCAL INTERGENERATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAMS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE. THE DIRECTOR
SHALL, THROUGH LOCAL INTERGENERATIONAL EDUCATIONAL AND MENTORING SERVICE
PROGRAMS, OFFER ADULTS AGE FIFTY-FIVE OR OLDER PLACEMENT IN SERVICE
POSITIONS ASSISTING STUDENTS IN ELEMENTARY SCHOOL. SUCH SERVICE POSI-
TIONS SHALL INCLUDE RESULT-ORIENTED TUTORING, MENTORING AND OTHER EDUCA-
TIONAL SUPPORT FOR CHILDREN AND YOUTH IN NEED. THE LOCAL INTERGENERA-
TIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAM SHALL PROVIDE ALL
NECESSARY TRAINING TO MEMBERS. MEMBERS SHALL PROVIDE BOTH ONE-ON-ONE
ASSISTANCE AND PARTICIPATE IN ANY OTHER ACTIVITIES WHICH BENEFIT AN
ENTIRE SCHOOL OR ORGANIZATIONAL COMMUNITY.
S 403. DUTIES OF THE DIRECTOR. 1. THE DIRECTOR SHALL, IN CONSULTATION
WITH THE COMMISSIONER OF EDUCATION, PROMULGATE RULES AND REGULATIONS
ESTABLISHING STANDARDS AND REQUIREMENTS FOR LOCAL INTERGENERATIONAL
EDUCATIONAL AND MENTORING SERVICE PROGRAMS RECEIVING GRANTS PURSUANT TO
THIS ARTICLE. SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE
LIMITED TO:
(A) PROCEDURES FOR COORDINATING AND SUPPORTING THE NETWORK OF LOCAL
INTERGENERATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAMS RECEIVING
GRANTS PURSUANT TO THIS ARTICLE;
(B) PROCEDURES FOR WORKING WITH PUBLIC AND PRIVATE SCHOOLS, COLLEGES,
UNIVERSITIES, COMMUNITY COLLEGES, COMMUNITY BASED ORGANIZATIONS, THE
NATIONAL SENIOR SERVICE CORPS AND THE LEAD AGENCIES OF LOCAL INTERGENER-
ATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAMS;
(C) A PROCEDURE FOR INDIVIDUALS TO APPLY TO BECOME AND BECOME MEMBERS;
(D) REQUIREMENTS FOR PARTICIPATION AS A MEMBER AND AS A LOCAL INTER-
GENERATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAM;
(E) STANDARDS, BASED ON MEASURABLE OUTCOMES, FOR THE EVALUATION OF
LOCAL INTERGENERATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAMS; AND
(F) ANY OTHER REQUIREMENTS THE DIRECTOR DETERMINES TO BE REASONABLE
AND NECESSARY.
2. THE RULES AND REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION SHALL PROVIDE FOR THE INCLUSION OF LOCAL INTERGENERA-
TIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAMS IN THE PLANNING PROC-
ESS BY DESIGNATED AGENCIES.
S 404. FUNDING. 1. THE DIRECTOR SHALL, WITHIN THE AMOUNTS APPROPRIATED
THEREFOR, AWARD GRANTS ON A COMPETITIVE BASIS TO NOT-FOR-PROFIT CORPO-
RATIONS AND LOCAL GOVERNMENTS SEEKING TO OPERATE A LOCAL INTERGENERA-
TIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAM. THE DIRECTOR SHALL
A. 3907 3
CONSIDER, IN THE AWARDING OF GRANTS, THE REGIONAL NEEDS AND THE COMPAR-
ATIVE WEALTH OF THE SCHOOL DISTRICT.
2. THE OFFICE MAY EXPEND NOT MORE THAN THREE PERCENT OF THE MONEYS
APPROPRIATED, FOR THE PURPOSES OF THIS ARTICLE, FOR COSTS OF ADMINISTER-
ING THIS ARTICLE.
3. EACH LOCAL INTERGENERATIONAL EDUCATIONAL AND MENTORING SERVICE
PROGRAM SHALL PAY NOT LESS THAN TEN PERCENT OF ITS EXPENSES WITH INCOME
DERIVED FROM PRIVATE FUNDRAISING, SCHOOL DISTRICTS OR ANY OTHER SOURCE.
S 405. REPORT. THE DIRECTOR, IN CONSULTATION WITH THE ADVISORY COMMIT-
TEE, AFFECTED STATE AGENCIES, AFFECTED MUNICIPAL AGENCIES, LOCAL SPON-
SORS AND PERSONS INVOLVED IN LOCAL INTERGENERATIONAL EDUCATIONAL AND
MENTORING SERVICE PROGRAMS, SHALL, ON OR BEFORE DECEMBER THIRTY-FIRST,
TWO THOUSAND TEN, ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE
COMMITTEE ON EDUCATION, THE CHAIR OF THE SENATE COMMITTEE ON AGING, THE
CHAIR OF THE ASSEMBLY COMMITTEE ON EDUCATION AND THE CHAIR OF THE ASSEM-
BLY COMMITTEE ON AGING, ON THE PROJECTED COST AND BENEFITS OF ESTABLISH-
ING UNIFORM STANDARDS AND REQUIREMENTS FOR THE OPERATION OF LOCAL INTER-
GENERATIONAL EDUCATIONAL AND MENTORING SERVICE PROGRAMS.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Provided, that, effective immediately, any
rules and regulations necessary to implement the provisions of this act
on its effective date are authorized to be promulgated on or before such
date.