S T A T E O F N E W Y O R K
________________________________________________________________________
4791
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
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Introduced by M. of A. WEISENBERG -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to requiring community
service as a condition for graduation from public or private high
school
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. COMMUNITY SERVICE BY STUDENTS. 1. BEGINNING WITH THE NINTH
GRADE CLASS IN THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR AND
INCLUDING EVERY CLASS THEREAFTER, EACH STUDENT SHALL COMPLETE A PROGRAM
OF TWENTY HOURS OF COMMUNITY SERVICE AS A CONDITION OF GRADUATION FROM
PUBLIC OR PRIVATE HIGH SCHOOL. A HIGH SCHOOL STUDENT WHO BEGINS THE TWO
THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR IN THE SOPHOMORE, JUNIOR OR
SENIOR CLASS OR WHO, IN SUCCEEDING YEARS, FIRST ENTERS A NEW YORK HIGH
SCHOOL IN ONE OF THESE CLASSES SHALL COMPLETE A PROPORTIONATELY LESSER
NUMBER OF COMMUNITY SERVICE HOURS. A STUDENT WHO BEGINS THE SCHOOL YEAR
IN THE TENTH GRADE SHALL COMPLETE FIFTEEN HOURS OF COMMUNITY SERVICE, A
STUDENT WHO BEGINS IN THE ELEVENTH GRADE SHALL COMPLETE TEN HOURS OF
COMMUNITY SERVICE AND A STUDENT WHO BEGINS IN THE TWELFTH GRADE SHALL
COMPLETE FIVE HOURS OF COMMUNITY SERVICE.
2. EACH LOCAL BOARD OF EDUCATION OR GOVERNING BODY MAY ESTABLISH A
LOCAL EDUCATION FUND FOR THE PURPOSES OF ADMINISTERING THE COMMUNITY
SERVICE PROGRAM. THE BOARD OF EDUCATION OR GOVERNING BODY IS AUTHORIZED
TO ACCEPT AND DEPOSIT INTO SUCH FUND ANY CONTRIBUTIONS FROM BUSINESSES
OR INDIVIDUALS WISHING TO SUPPORT SUCH COMMUNITY SERVICE PROGRAM.
3. EACH LOCAL BOARD OF EDUCATION OR GOVERNING BODY SHALL, PURSUANT TO
GUIDELINES ESTABLISHED BY THE COMMISSIONER, IMPLEMENT A PROGRAM OF
COMMUNITY SERVICE FOR STUDENTS IN GRADES NINE THROUGH TWELVE. THE
COMMISSIONER SHALL, AT THE REQUEST OF A LOCAL BOARD OF EDUCATION OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07963-01-9
A. 4791 2
GOVERNING BODY, PROVIDE ANY TECHNICAL ASSISTANCE WHICH MAY BE NECESSARY
TO AID A DISTRICT IN THE PLANNING AND IMPLEMENTATION OF ITS COMMUNITY
SERVICE PROGRAM. THE PROGRAM SHALL PROVIDE, EXCEPT AS PRESCRIBED IN
SUBDIVISION ONE OF THIS SECTION:
(A) A STUDENT SHALL COMPLETE A MINIMUM OF TWENTY HOURS OF COMMUNITY
SERVICE OVER FOUR YEARS, BUT NO MORE THAN TEN HOURS IN ANY ONE YEAR;
(B) A STUDENT MAY COMPLETE THE COMMUNITY SERVICE DURING THE EVENINGS,
ON WEEKENDS, OR DURING THE SUMMER, BUT SHALL NOT COMPLETE THE COMMUNITY
SERVICE DURING SCHOOL HOURS UNLESS PERMISSION TO DO SO IS GRANTED BY THE
SUPERINTENDENT OR COMMUNITY SUPERINTENDENT OF THE SCHOOL DISTRICT IN
WHICH SUCH STUDENT IS ENROLLED. PERMISSION FOR COMPLETION OF THE COMMU-
NITY SERVICE DURING SCHOOL HOURS BY THE STUDENT MAY BE GRANTED BY THE
SUPERINTENDENT OR COMMUNITY SUPERINTENDENT ONLY IF HE OR SHE IS SATIS-
FIED THAT (I) SUCH COMMUNITY SERVICE WILL NOT INTERFERE WITH THE
STUDENT'S OVERALL ACADEMIC PERFORMANCE AND (II) THE STUDENT DEMONSTRATES
THAT HE OR SHE IS UNABLE TO COMPLETE THE COMMUNITY SERVICE DURING EVEN-
INGS, WEEKEND OR SUMMER HOURS OR PERMISSION MAY BE GRANTED FOR
COMPLETION OF THE COMMUNITY SERVICE DURING SCHOOL HOURS, IF SUCH COMMU-
NITY SERVICE IS IN CONJUNCTION WITH AN IN-SCHOOL SERVICE PROGRAM;
(C) A STUDENT MAY COMPLETE THE COMMUNITY SERVICE REQUIREMENT WITH A
NOT-FOR-PROFIT AGENCY OR ORGANIZATION, A PUBLIC AGENCY OR INSTITUTION, A
NOT-FOR-PROFIT OR FOR-PROFIT HEALTH CARE FACILITY, OR ANY OTHER COMMUNI-
TY ORGANIZATION WHICH THE LOCAL BOARD OF EDUCATION OR GOVERNING BODY
DEEMS APPROPRIATE; AND
(D) A STUDENT SHALL NOT RECEIVE COMPENSATION FOR COMMUNITY SERVICE OR
SUBSTITUTE EMPLOYMENT FOR THE SERVICE REQUIREMENT BUT MAY PURSUANT TO
RULES AND REGULATIONS TO BE ADOPTED BY THE COMMISSIONER, BE ELIGIBLE FOR
ELECTIVE CREDIT TOWARD GRADUATION OR TOWARD A GRADUATION REQUIREMENT.
4. THE COMMISSIONER SHALL PERIODICALLY REVIEW THE PROGRESS OF THE
COMMUNITY SERVICE PROGRAM, AND SHALL REPORT TO THE GOVERNOR AND THE
LEGISLATURE ON THE FINDINGS OF THE REVIEW, INCLUDING RECOMMENDATIONS FOR
CHANGES WHICH ARE DEEMED APPROPRIATE.
5. THE DEPARTMENT SHALL:
(A) DEVELOP A LONG RANGE PLAN THAT INCLUDES THE INTEGRATION OF COMMU-
NITY SERVICE LEARNING INTO ACADEMIC CURRICULA;
(B) WORK FOR THE INVOLVEMENT OF NOT-FOR-PROFIT COMMUNITY BASED ORGAN-
IZATIONS AND YOUTH SERVICE AGENCIES INTO COMMUNITY SERVICE PROGRAMS; AND
(C) CREATE A RESOURCE INFORMATION NETWORK TO PROVIDE ASSISTANCE, IDEAS
AND MOTIVATION TO SCHOOL DISTRICTS AS THEY IMPLEMENT COMMUNITY SERVICE
PROGRAMS.
6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXEMPT THE AGENCIES,
ORGANIZATIONS AND INSTITUTIONS WHICH PERMIT HIGH SCHOOL STUDENTS TO
PERFORM COMMUNITY SERVICE FROM COMPLYING WITH BOTH FEDERAL AND STATE
CHILD LABOR LAWS.
7. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS NECESSARY TO
EFFECTUATE THE PURPOSES OF THIS SECTION.
S 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law; provided, however, that
any rules and regulations necessary for the timely implementation of
this act on its effective date shall be promulgated on or before such
date.