Assembly Bill A4666

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

                                  4666

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by  M.  of  A.  J. MILLER  --  read once and referred to the
  Committee on Education

AN ACT to amend the education law, the family court act and  the  social
  services law, in relation to prohibiting students who are parents from
  participating in public school extracurricular activities

  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 3207-b
to read as follows:
  S 3207-B. STUDENTS WHO ARE PARENTS PROHIBITED  FROM  PARTICIPATION  IN
EXTRACURRICULAR  ACTIVITIES.  1. A STUDENT WHO IS THE PARENT OF A CHILD,
WHILE SUCH CHILD IS RECEIVING PUBLIC ASSISTANCE, SHALL NOT BE  PERMITTED
TO PARTICIPATE IN EXTRACURRICULAR ACTIVITIES TAKING PLACE AFTER THE TIME
WHEN CLASSES ARE IN SESSION.
  2.  WHEN  SCHOOL  AUTHORITIES  ARE PUT ON NOTICE THAT A STUDENT MAY BE
INELIGIBLE TO PARTICIPATE IN SUCH ACTIVITIES BECAUSE THE STUDENT IS  THE
PARENT  OF SUCH A CHILD, THE SCHOOL AUTHORITIES SHALL IMMEDIATELY INVES-
TIGATE SUCH MATTER. UPON FINDING THAT  SUCH  A  STUDENT  IS  INELIGIBLE,
SCHOOL  AUTHORITIES  SHALL  IMMEDIATELY  PROHIBIT SUCH STUDENT FROM SUCH
PARTICIPATION.   NOTICE THEREOF SHALL  IMMEDIATELY  BE  GIVEN  TO  THOSE
SCHOOL EMPLOYEES SUPERVISING SUCH ACTIVITIES. AN EMPLOYEE IN SUCH CAPAC-
ITY  WHO  FAILS  TO EXCLUDE A STUDENT SHALL BE INELIGIBLE TO CONTINUE IN
THAT CAPACITY FOR THE REMAINDER OF THE  SCHOOL  YEAR.    IF  THE  SCHOOL
AUTHORITIES  FAIL  TO  PERFORM  THESE  DUTIES PROPERLY AND PROMPTLY, THE
ACTIVITY IN WHICH SUCH STUDENT IMPERMISSIBLY PARTICIPATES SHALL BE INEL-
IGIBLE FOR PUBLIC FUNDING FOR THE REMAINDER OF THE SCHOOL YEAR.
  3. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  A. "PARENT" MEANS THE MOTHER OF A CHILD AND INCLUDES THE FATHER  OF  A
CHILD  WHERE: (I) THE FATHER IS MARRIED TO THE MOTHER OF THE CHILD, (II)
THE FATHER IS LISTED IN THE PUTATIVE FATHER REGISTRY PURSUANT TO SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08220-01-1
              

A. 4666                             2

THREE HUNDRED SEVENTY-TWO-C OF THE SOCIAL SERVICES  LAW,  OR  (III)  THE
FATHER  HAS  VOLUNTARILY  ACKNOWLEDGED  PATERNITY  PURSUANT  TO  SECTION
FORTY-ONE HUNDRED THIRTY-FIVE-B OF THE PUBLIC HEALTH LAW.   A PERSON  IS
CONSIDERED  A  PARENT FOR PURPOSES OF THIS SECTION WHERE THE CHILD IS IN
FOSTER CARE IF THE CHILD IS RECEIVING PUBLIC ASSISTANCE.
  B. "RECEIVING PUBLIC ASSISTANCE" INCLUDES ANY CASE IN WHICH EITHER THE
PARENT OR CHILD IS DERIVING ANY  BENEFITS  FROM  ANY  PUBLIC  ASSISTANCE
PROGRAM  ADMINISTERED  BY THE DEPARTMENT OF FAMILY ASSISTANCE OR A LOCAL
SOCIAL SERVICES DISTRICT.
  C.   "EXTRACURRICULAR ACTIVITIES" INCLUDES, BUT  IS  NOT  LIMITED  TO:
ATHLETICS,  RECREATION,  ART,  MUSIC,  DRAMA,  CULTURAL FIELD TRIPS, AND
COMMUNITY SERVICE, BUT DOES NOT INCLUDE TUTORING,  MENTORING,  OR  OTHER
ACADEMIC  ASSISTANCE  INTENDED  TO  ASSIST  THE  STUDENT  IN  HIS OR HER
STUDIES.
  S 2. Section 542 of the family court act is amended by  adding  a  new
subdivision (d) to read as follows:
  (D)  WHERE  A RESPONDENT AGAINST WHOM AN ORDER OF FILIATION IS ENTERED
IS ELIGIBLE TO ATTEND PUBLIC SCHOOL, THE COURT SHALL NOTIFY THE PUTATIVE
FATHER REGISTRY OF SUCH FACT  AND  OF  THE  NAME  OF  THE  SCHOOL  BEING
ATTENDED, IF ANY, WHERE SUCH INFORMATION CAN BE ASCERTAINED.
  S  3.  Section 372-c of the social services law is amended by adding a
new subdivision 4-a to read as follows:
  4-A. WHERE A MALE LISTED IN THE PUTATIVE FATHER REGISTRY  IS  ELIGIBLE
TO  ATTEND PUBLIC SCHOOL, SUCH FACT SHALL BE NOTED AND SUCH MALE'S LIST-
ING IN THE REGISTRY MAY BE DISCLOSED TO ANY PUBLIC SCHOOL BEING ATTENDED
BY SUCH MALE.
  S 4. The commissioners of education and the office  of  temporary  and
disability  assistance, and the chief administrator of the unified court
system shall jointly promulgate such rules and regulations as  in  their
judgment  shall  be appropriate to carry out the provisions of this act.
In furtherance thereof, the disclosure  of  any  otherwise  confidential
information  to  any school official, social services official, or court
official (including parties' attorneys), insofar as necessary to  imple-
ment the provisions of this act, is hereby authorized.
  S 5. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Any rules and regulations necessary for the
timely implementation of this act on its effective date shall be promul-
gated on or before such date.