S T A T E O F N E W Y O R K
________________________________________________________________________
5284
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
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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.