BILL NUMBER:  S6927

 TITLE OF BILL :
An act to amend the education law, in relation to alternative
institutional support programs


 PURPOSE OR GENERAL IDEA OF BILL :
Relates to alternative institutional support programs for school
districts.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1. Paragraph one provides that public school districts shall
be authorized to contract with alternative institutional support
services programs to provide instruction and support services to
special and non-special education students who are at-risk.

Paragraph two provides that the contracting school district shall
provide the alternative institutional support services program with
the actual cost of services provided and that the students shall
continue to be .counted by the District of Residence for purposes of
determining Federal and State Aid.

Paragraph three provides that school districts may also contract with
approved alternative institutional support services programs to serve
as Interim Alternative Educational Settings (IAES), as defined by
              

Federal and State law. compensation to the approved alternative
institutional support services programs for serving as an IAES shall
be on an actual cost basis.

Paragraph four provides that the Commissioner of Education shall
process applications for and maintain a list of approved alternative
institutional support services programs and requires that a
not-for-profit, non-sectarian educational program be approved as an
approved alternative institutional support services program if the
program utilizes certified personnel and has demonstrated a minimum of
ten (10) years of improved student performance for at-risk students.

Section 2. Effective Date.

 JUSTIFICATION :
The number of students who are at-risk of failing and/or dropping out
of school has reached epidemic proportions. Addressing the needs of
at-risk students is vital to maintaining and improving the health of
the State's educational system. Students both with and without
disabilities who are (i) at-risk of dropping out of school, (ii) in
danger of academic failure, (iii) excessively truant, (iv) school
phobic, (v) peer relationship challenged, (vi) have engaged in certain
disciplinary· situations or (vi) at risk of placement in a residential
setting can often succeed. if provided with the right alternative
learning experience, such as highly individualized or very small group
instruction with supports. Yet, public schools are often not equipped
with the flexibility or resources to offer this type of programming to
its students.

Several not-for-profit programs throughout the State have extensive
experience in providing alternative learning experiences ·to these
types of students. Indeed, in many cases, students otherwise at risk
of dropping out or failing have successfully earned High School
diplomas with the assistance of these programs. The Education and
Assistance Corporation Learning Centers (EAC), for example, have been
serving at risk students for over 40 years with consistently
demonstrated success for at-risk youngsters who have otherwise been on
the cusp of dropping out of school or being placed in a residential
setting. Despite the fact that EAC provides services to students who

are often considered at the greatest risk of failing or ceasing their
education, almost 95% of its students earn a high school diploma.

Notably, the Federal Government, through its Race to the Top (RTTT)
initiative has emphasized the need for innovative educational
strategies to foster educational reform; particularly for at-risk
students. RTTT aims to reduce the achievement gap among children,
improve student outcomes and graduation rates and ensure that all
children have the opportunity to be enriched by a quality education.
To that end, the Federal Government has indicated that increased
interest will be given in the RTTT grant competition to states which
grant schools flexibility in providing comprehensive services to high
needs students through such ventures as public school partnerships
with not-for-profit corporations and community based organizations.

EAC and programs like it are precisely what RTTT contemplates as
promising partners for public school districts. They are community
based not-for-profit programs poised to provide innovative education
solutions to some of the State's most needy youth. The programs have
the capacity to accept students expeditiously and swiftly provide them
with intense support. Moreover ,where appropriate, programs like EAC
have been successful in transitioning youth back into their home
public schools for graduation.

Notwithstanding such, currently there is no legislative authority to
enable public school districts to contract with private
not-for-profits to provide educational services to at-risk students.
Without the instant legislation this fragile population is at even
greater risk of not receiving the types of services they need to meet
with success, and the achievement gap will continue to widen. This
legislation bridges that gap by enabling public schools to contract
with not-for-profit corporations and supports some of the State's
neediest students in reaching the top of their educational potential.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
Administrative costs for implementation.

 EFFECTIVE DATE :
This act shall take effect immediately.