NY State Senate Bill 2013-S5919B

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 14, 2014	print number 5919b
Mar 14, 2014	amend (t) and recommit to finance
Jan 17, 2014	print number 5919a
Jan 17, 2014	amend (t) and recommit to finance
Jan 08, 2014	referred to finance
Jul 22, 2013	referred to finance

Bill Amendments

Original

B (Active)

co-Sponsors

2013-S5919 - Details

See Assembly Version of this Bill:: A1068
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Add §4608, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2202, A483
2011-2012: S3368, A22
2015-2016: S1749, A835
2017-2018: S3738, A13
2019-2020: A165

2013-S5919 - Summary

Enacts the "New York state YouthBuild act"; sets program requirements; authorizes grants to eligible YouthBuild participants and establishes application requirements; appropriates $20,000,000 per year for three years therefor.

2013-S5919 - Sponsor Memo

                                BILL NUMBER:S5919

TITLE OF BILL:  An act to amend the education law, in relation to
enacting the New York YouthBuild demonstration program; and making an
appropriation therefor

PURPOSE OR GENERAL IDEA OF BILL: Enacts the New York State YouthBuild
demonstration program. This act would create a nine member interagency
board, appointed by the Governor, to oversee a three year
demonstration program that would make grants to eligible YouthBuild
applicants in order to revitalize and sustain existing YouthBuild
programs and expand the number of Youth Build programs in New York
State.

SUMMARY OF PROVISIONS: The legislation amends the Education Law by
adding a new Section 4608 to establish the New York State YouthBuild
Interagency Board. The board would be made up of nine members, each
appointed by the Governor. The Commissioners of Education. Labor and
the Division of Housing and Community Renewal would each nominate to
the Governor three members to serve on the Board. The Board would then
be authorized to issue grants from available funds to qualified
YouthBuild programs in New York State.

The grants may be applied to cover the following costs associated with
running a YouthBuild program: training for the rehabilitation or
construction of housing for certain targeted populations; integrated

education and work experience skills training services and activities;
education; work experience and skills training apprenticeship program;
assistance in attaining a post secondary education and required
financial aid; counseling services; leadership development training;
job seeking assistance and counseling for those participants who
choose not to pursue a higher education and a training subsidy for
participants. All YouthBuild participants are required to be full time
enrollees in the program. All programs serving 28 trainees or more are
required to employ a full time director. Administrative costs may not
exceed ten percent of the amount of assistance provided.

Eligible participants are youth ages 16 - 24 who are economically
disadvantaged, as defined in 29 United States Code 1503. In addition,
candidates must also be a part of one of the following groups:
persons who are not attending school and have not received a secondary
school diploma or its equivalent; persons currently enrolled in a
traditional or alternative school setting or GED program who are in
danger of dropping out or persons whose income are at or less than
fifty percent of the area median income. Exceptions may be made for
those individuals who do of meet the educational or income
requirements but have demonstrated educational need despite the
attainment of a high school diploma, provided that these individuals
do not make up more than twenty-five percent of the program
population.

Any not-for-profit private or public agencies with experience
operating a YouthBuild program or with a plan to incubate a YouthBuild
program would be eligible to receive funding. Applicants for funding
must abide by the criteria-established in the legislation.


The bill appropriates the sum of three million dollars per year for a
period of three years in order to carry out the costs associated with
the demonstration program. The State Education Department is directed
to provide support staff to the Board as is necessary. On or before
January 1, 2017, the Board shall contract with an independent
consultant to evaluate and report to the Governor, the Speaker of the
Assembly and the Temporary President of the Senate on the impact the
demonstration project has had upon program participants, with regard
to, but not limited to, GED attainment, program completion,
advancement to institutions of higher education and job placement.

EXISTING LAW: Existing law does not authorize the grants to eligible
YouthBuild applicants for services and expenses for the purposes of
carrying out the provisions of this act,

JUSTIFICATION: YouthBuild has been working with at-risk young, people
in New York State since 1978, when the program first started in East
Harlem. It was expanded to the rest of the country with the passage of
the Housing and Community Development Act of 1992. Over 13,000 units
of low-income housing have been produced by YouthBuild students since
the program has gone nationwide.

YouthBuild is a comprehensive program that focuses on education, job
training, leadership development, community service and life skills.
Unemployed young people, ages 16 to 24, build affordable housing for
homeless and low-income families in their communities. Participants
split their time between the construction site and the classroom,
where they earn their GED or high school diploma Counseling and
support services are also offered to help students get into college or
embark on a career path.

Currently, there are 226 YouthBuild programs in the United States. Of
the 14 in New York State, only eight received federal funding in 2004.
The increase in competition for these much-needed grants, coupled with
the federal government's decision to cut back on the total pot of
monies available, has fostered a funding environment that is
increasingly difficult for New York's programs to survive. Four
experienced chapters were forced to shut down in 2004. Only one of New
York's existing programs received a federal appropriation for 2005.

YouthBuild is not just about creating affordable housing. It is about
giving troubled adolescents an opportunity to turn their lives around.
Most participants in the program are teens who have been expelled from
school or have made repeated appearances in our juvenile court system
for actions directly or indirectly related to drug abuse. Instead of
allowing these youths to burden our criminal justice and social
services systems years on end, YouthBuild turns them into productive
contributors to society.

Many states nationwide have recognized the meaningful work of
YouthBuild programs, and it is the intent of this legislation to fund
the New York State programs, independent of federal funding. The
appropriation associated with this project seeks to provide the means
necessary to demonstrate the value of funding YouthBuild on a state
level in comparison to the lifetime of costs spared to state and local
governments with each individual who succeeds in their program.


LEGISLATIVE HISTORY: Assembly: A2011-2012: A.22 - Referred to
Education 2009-2010: A.483 - Referred to Education, amended,
recommitted to Education 2007-2008: A.5639 - Referred to Education
2005-2006:  A.323.3 -Referred to Labor 2003-2004; A.294 - Referred to
Labor 2002: Reported from Labor, referred to Ways & Means 2001:
Referred to economic development, reference changed to labor 2000:
Reported from labor, referred to Ways & Means. Senate:

FISCAL IMPLICATIONS: To cover operating expenses for YouthBuild
programs in New York State, it is estimated that an appropriation of
approximately $3 million annually for three years would 'be necessary
to ensure continuation of services and demonstrate the value of Youth
Build to the state.

EFFECTIVE DATE: The fifteenth of January next succeeding the date on
which it shall have become law.

2013-S5919 - Bill Text download pdf

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

                                  5919

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              July 22, 2013
                               ___________

Introduced  by  Sens.  MONTGOMERY,  PARKER,  PERKINS  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance

AN  ACT to amend the education law, in relation to enacting the New York
  YouthBuild demonstration program; and making an appropriation therefor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York YouthBuild demonstration program".
  S 2. Legislative intent. The legislature seeks to support economically
disadvantaged youth, especially youth who have not finished high school,
to obtain the education, work experience skills training, personal coun-
seling, leadership development skills training,  job  placement  assist-
ance,  and  long-term  follow-up  services necessary for them to achieve
permanent economic self-sufficiency, while at the  same  time  providing
valuable community service that addresses urgent community needs includ-
ing the demand for affordable housing and the need for young role models
and mentors for younger teenagers and children.
  The  legislature  further intends to foster the development of leader-
ship skills and a commitment to community development among youth and to
ensure maximum educational achievement of program  participants  through
GED attainment and transition to institutions of higher education, where
appropriate.
  The legislature further intends to provide communities the opportunity
to establish or rebuild neighborhood stability in economically depressed
and low-income areas, as well as historic areas requiring restoration or
preservation, while providing economically disadvantaged youth and youth
who  have  not  finished  high  school  an  opportunity for a meaningful
participation in society.
  The legislature further intends to allow  communities  to  expand  the
supply  of affordable housing for homeless and other low-income individ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03523-01-3

S. 5919                             2

uals by utilizing the energies and talents of economically disadvantaged
youth and young people who have not graduated from high school.
  The  legislature  also intends to foster the development of leadership
skills and a commitment to community development among youth.
  S 3. The education law is amended by adding a new section 4608 to read
as follows:
  S 4608. THE NEW YORK YOUTHBUILD DEMONSTRATION  PROGRAM;  REQUIREMENTS;
SERVICES.  1.  A. THE NEW YORK YOUTHBUILD INTER-AGENCY BOARD (HEREINAFT-
ER,  THE BOARD) IS HEREBY ESTABLISHED.  IT SHALL CONSIST OF NINE MEMBERS
APPOINTED BY THE GOVERNOR, THREE  OF  WHOM  SHALL  BE  NOMINEES  OF  THE
COMMISSIONER  OF  EDUCATION,  THREE  OF  WHOM  SHALL  BE NOMINEES OF THE
COMMISSIONER OF LABOR AND THREE OF WHOM SHALL BE NOMINEES OF THE COMMIS-
SIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.  MEMBERSHIP  ON
THE  BOARD  SHALL  BE  GEOGRAPHICALLY  REPRESENTATIVE  OF THE STATE. THE
MEMBERS SHALL SERVE FOR THE DURATION OF THE DEMONSTRATION  PROGRAM.  THE
CHAIRPERSON  SHALL  BE  SELECTED  BY MAJORITY VOTE OF THE MEMBERS OF THE
BOARD. THE BOARD SHALL MEET AT THE CALL OF THE COMMISSIONER, BUT NO LESS
THAN THREE TIMES PER YEAR. FIVE MEMBERS SHALL CONSTITUTE A QUORUM.
  B. THE MEMBERS OF THE BOARD SHALL RECEIVE NO  COMPENSATION  FOR  THEIR
SERVICES  AS MEMBERS OF THE BOARD, BUT EACH OF THEM SHALL BE ALLOWED THE
NECESSARY AND ACTUAL EXPENSES  WHICH  HE  OR  SHE  SHALL  INCUR  IN  THE
PERFORMANCE  OF  HIS  OR  HER  DUTIES UNDER THIS SECTION. THE DEPARTMENT
SHALL PROVIDE STAFF AND SUPPORT NECESSARY FOR THE BOARD TO CARRY OUT ITS
DUTIES AND RESPONSIBILITIES.
  2.  THE BOARD IS AUTHORIZED TO MAKE GRANTS, FROM SUCH FUNDS  APPROPRI-
ATED  THEREFOR,  TO  ELIGIBLE APPLICANTS FOR THE PURPOSE OF CARRYING OUT
YOUTHBUILD PROGRAMS AS APPROVED UNDER THIS SECTION. ALL PROGRAMS  FUNDED
PURSUANT  TO  THE  PROVISIONS OF THIS SECTION SHALL REFLECT STRONG YOUTH
AND COMMUNITY INVOLVEMENT. IN  ADDITION,  FUNDING  PROVIDED  UNDER  THIS
SECTION SHALL BE USED BY EACH YOUTHBUILD PROGRAM TO PROVIDE, AT MINIMUM,
THE FOLLOWING SERVICES:
  A.  THE TRAINING COSTS FOR THE REHABILITATION OR CONSTRUCTION OF HOUS-
ING AND RELATED FACILITIES TO BE  USED  FOR  THE  PURPOSE  OF  PROVIDING
HOMEOWNERSHIP  FOR  DISADVANTAGED PERSONS, RESIDENTIAL HOUSING FOR HOME-
LESS INDIVIDUALS, AND LOW-INCOME AND VERY LOW-INCOME FAMILIES, OR  TRAN-
SITIONAL  HOUSING  FOR  PERSONS WHO ARE HOMELESS, HAVE DISABILITIES, ARE
ILL, ARE DEINSTITUTIONALIZED, OR HAVE SPECIAL  NEEDS  REHABILITATION  OR
CONSTRUCTION  OF  COMMUNITY FACILITIES OWNED BY NOT-FOR-PROFIT OR PUBLIC
AGENCIES.
  B. THE COST OF INTEGRATED EDUCATION AND WORK EXPERIENCE SKILLS  TRAIN-
ING SERVICES AND ACTIVITIES WHICH ARE EVENLY DIVIDED WITHIN THE PROGRAM,
WITH  FIFTY  PERCENT OF STUDENTS' TIME SPENT IN CLASSROOM-BASED INSTRUC-
TION,  COUNSELING  AND  LEADERSHIP  DEVELOPMENT  INSTRUCTION  AND  FIFTY
PERCENT  OF  THEIR  TIME  SPENT  IN  WORK  EXPERIENCE  TRAINING  ON  THE
CONSTRUCTION SITE. THE PROGRAMS SHALL INCLUDE, AT MINIMUM, THE FOLLOWING
ELEMENTS:
  (1) THE COST OF AN EDUCATION COMPONENT WHICH  INCLUDES:  BASIC  SKILLS
INSTRUCTION, SECONDARY EDUCATION SERVICES, AND OTHER ACTIVITIES DESIGNED
TO  LEAD  TO  THE ATTAINMENT OF A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT.
THE CURRICULUM FOR THIS COMPONENT SHALL  INCLUDE  MATH,  LANGUAGE  ARTS,
VOCATIONAL  EDUCATION,  LIFE  SKILLS TRAINING, SOCIAL STUDIES RELATED TO
THE CULTURAL AND COMMUNITY HISTORY OF THE STUDENTS,  LEADERSHIP  SKILLS,
AND  OTHER  TOPICS AT THE DISCRETION OF THE PROGRAMS. BILINGUAL SERVICES
SHALL BE AVAILABLE FOR INDIVIDUALS WITH LIMITED-ENGLISH PROFICIENCY. THE
DESIRED MINIMUM TEACHER/STUDENT CLASSROOM RATIO SHALL BE ONE TEACHER FOR
EVERY FIFTEEN STUDENTS.

S. 5919                             3

  (2) A WORK EXPERIENCE AND  SKILLS  TRAINING  COMPONENT  APPRENTICESHIP
PROGRAM   THAT   INCLUDES  CONSTRUCTION  AND  REHABILITATION  ACTIVITIES
DESCRIBED  IN  PARAGRAPH  A  OF  THIS  SUBDIVISION.   THE   PROCESS   OF
CONSTRUCTION  MUST  BE  COUPLED WITH WORK EXPERIENCE SKILLS TRAINING AND
WITH  CLOSE  ON-SITE SUPERVISION BY EXPERIENCED TRAINERS. THE CURRICULUM
FOR THIS COMPONENT SHALL CONTAIN A SET OF LOCALLY AGREED UPON SKILLS AND
COMPETENCIES THAT ARE  SYSTEMATICALLY  TAUGHT,  WITH  STUDENTS'  MASTERY
ASSESSED  INDIVIDUALLY  ON A REGULAR, ONGOING BASIS. SAFETY SKILLS SHALL
BE TAUGHT AT THE OUTSET. THE DESIRED TRAINER/STUDENT RATIO SHALL BE  ONE
TRAINER  FOR EVERY SEVEN STUDENTS. THE WORK EXPERIENCE AND SKILLS TRAIN-
ING COMPONENT SHALL BE COORDINATED TO THE MAXIMUM EXTENT  FEASIBLE  WITH
PREAPPRENTICESHIP AND APPRENTICESHIP PROGRAMS.
  (3)  ASSISTANCE  IN  ATTAINING  POST  SECONDARY EDUCATION AND REQUIRED
FINANCIAL AID SHALL BE MADE AVAILABLE TO PARTICIPANTS  PRIOR  TO  GRADU-
ATION.
  C.  THE COST OF COUNSELING SERVICES DESIGNED TO ASSIST PARTICIPANTS TO
POSITIVELY PARTICIPATE IN SOCIETY,  WHICH  SHOULD  INCLUDE  ALL  OF  THE
FOLLOWING  IF NECESSARY: OUTREACH, ASSESSMENT, AND ORIENTATION; INDIVID-
UAL AND PEER COUNSELING; LIFE SKILLS TRAINING, DRUG  AND  ALCOHOL  ABUSE
EDUCATION  AND  PREVENTION;  AND  REFERRAL TO APPROPRIATE DRUG REHABILI-
TATION, MEDICAL, MENTAL HEALTH, LEGAL, HOUSING, AND OTHER  SERVICES  AND
RESOURCES  IN  THE  COMMUNITY.  THE  DESIRED COUNSELOR/PARTICIPANT RATIO
SHALL BE ONE COUNSELOR FOR EVERY TWENTY-EIGHT STUDENTS.
  D. THE COST OF LEADERSHIP DEVELOPMENT TRAINING THAT  PROVIDED  PARTIC-
IPANTS  WITH  MEANINGFUL OPPORTUNITIES TO DEVELOP LEADERSHIP SKILLS SUCH
AS DECISION MAKING, PROBLEM SOLVING, AND NEGOTIATING. THE PROGRAM  SHALL
ALSO  ENCOURAGE  PARTICIPANTS  TO  DEVELOP  STRONG  PEER GROUP TIES THAT
SUPPORT THEIR MUTUAL PURSUIT OF SKILLS AND VALUES.
  ALL PROGRAMS MUST ESTABLISH A YOUTH COUNCIL IN WHICH PARTICIPANTS  ARE
AFFORDED  OPPORTUNITIES  TO  DEVELOP  PUBLIC  SPEAKING  AND  NEGOTIATING
SKILLS,  AND  MANAGEMENT  AND  POLICYMAKING  PARTICIPATION  IN  SPECIFIC
ASPECTS OF THE PROGRAM.
  3.  A  TRAINING SUBSIDY, LIVING ALLOWANCE, OR STIPEND THAT SHALL BE NO
LESS THAN MINIMUM WAGE MUST BE PROVIDED TO PROGRAM PARTICIPANTS FOR  THE
TIME  SPENT  AT THE WORKSITE IN CONSTRUCTION TRAINING. FOR THOSE PARTIC-
IPANTS WHO RECEIVE PUBLIC  ASSISTANCE,  THIS  TRAINING  SUBSIDY,  LIVING
ALLOWANCE,  OR  STIPEND SHALL NOT AFFECT THEIR HOUSING BENEFITS, MEDICAL
BENEFITS, CHILD CARE BENEFITS OR FOOD STAMP BENEFITS. STIPENDS AND WAGES
MAY BE DISTRIBUTED IN A MANNER THAT OFFERS INCENTIVES FOR GOOD  PERFORM-
ANCE.
  A.  FULL  TIME PARTICIPATION IN A YOUTHBUILD PROGRAM SHALL BE REQUIRED
FOR A PERIOD OF NOT LESS THAN SIX MONTHS AND NOT MORE  THAN  TWENTY-FOUR
MONTHS.
  B.  A  CONCENTRATED  EFFORT,  FOR THOSE PARTICIPANTS WHO CHOOSE NOT TO
IMMEDIATELY ENROLL IN AN INSTITUTION OF HIGHER EDUCATION, SHALL BE  MADE
TO FIND CONSTRUCTION, CONSTRUCTION-RELATED, AND NONCONSTRUCTION JOBS FOR
ALL  GRADUATES  OF THE PROGRAM WHO HAVE PERFORMED WELL. THE WORK EXPERI-
ENCE SKILLS TRAINING CURRICULUM SHALL PROVIDE  PARTICIPANTS  WITH  BASIC
PREPARATION  FOR SEEKING AND MAINTAINING A JOB. FOLLOW-UP COUNSELING AND
ASSISTANCE IN JOB-SEEKING SHALL ALSO BE PROVIDED TO PARTICIPANTS FOR THE
TWELVE MONTHS FOLLOWING GRADUATION FROM THE PROGRAM.
  C. ALL PROGRAMS SERVING TWENTY-EIGHT TRAINEES OR MORE ARE REQUIRED  TO
HAVE  A  FULL-TIME  DIRECTOR  RESPONSIBLE  FOR  THE  COORDINATION OF ALL
ASPECTS OF THE YOUTHBUILD PROGRAM.

S. 5919                             4

  4. IMPLEMENTATION GRANTS MAY BE USED TO CARRY OUT THE ACTIVITIES LIST-
ED IN SUBDIVISIONS ONE, TWO AND THREE OF THIS  SECTION.  OTHER  ELIGIBLE
ACTIVITIES INCLUDE THE FOLLOWING:
  A.  ADMINISTRATIVE  COSTS  OF  THE  APPLICANT WHICH MAY NOT EXCEED TEN
PERCENT OF THE AMOUNT OF ASSISTANCE PROVIDED.
  B. DEFRAYING COSTS FOR THE ONGOING TRAINING AND  TECHNICAL  ASSISTANCE
NEEDS OF THE RECIPIENT THAT ARE RELATED TO DEVELOPING AND CARRYING OUT A
YOUTHBUILD,  YOUTHBUILD  USA PROGRAM INCLUDING:  THE BOARD SHALL RESERVE
THREE TO FIVE PERCENT OF THE NEW YORK YOUTHBUILD PROGRAM  APPROPRIATIONS
TO  ENTER INTO CONTRACT WITH YOUTHBUILD USA TO PROVIDE ASSISTANCE TO THE
BOARD IN THE PROVISION OF TRAINING AND TECHNICAL ASSISTANCE  TO,  OR  IN
THE  MANAGEMENT,  SUPERVISION  AND  COORDINATION OF, YOUTHBUILD PROGRAMS
UNDER THIS SECTION.
  5. ELIGIBLE PARTICIPANTS ARE YOUTH BETWEEN THE  AGES  OF  SIXTEEN  AND
TWENTY-FOUR  WHO  ARE ECONOMICALLY DISADVANTAGED AS DEFINED IN 29 UNITED
STATES CODE 1503, AND WHO ARE PART OF ONE OF THE FOLLOWING GROUPS:
  A. PERSONS WHO ARE NOT ATTENDING ANY SCHOOL AND HAVE  NOT  RECEIVED  A
SECONDARY SCHOOL DIPLOMA OR ITS EQUIVALENT; OR
  B.  PERSONS  CURRENTLY ENROLLED IN A TRADITIONAL OR ALTERNATIVE SCHOOL
SETTING OR A GED PROGRAM AND WHO  ARE  IN  DANGER  OF  DROPPING  OUT  OF
SCHOOL; OR
  C.  VERY  LOW-INCOME  PERSONS  WHOSE INCOMES ARE AT OR LESS THAN FIFTY
PERCENT OF THE AREA MEDIAN INCOME AREA, ADJUSTED  FOR  FAMILY  SIZE,  AS
ESTIMATED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
  6.  AN  EXCEPTION  MAY  BE  MADE FOR INDIVIDUALS NOT MEETING INCOME OR
EDUCATIONAL NEED REQUIREMENTS. NOT MORE THAN TWENTY-FIVE PERCENT OF  THE
PARTICIPANTS  IN  SUCH  PROGRAM  MAY  BE INDIVIDUALS WHO DO NOT MEET THE
REQUIREMENTS OF SUBDIVISION FIVE OF THIS SECTION, BUT  WHO  HAVE  EDUCA-
TIONAL NEEDS DESPITE THE ATTAINMENT OF A HIGH SCHOOL DIPLOMA.
  7. PRIORITY IN THE AWARDING OF FUNDS UNDER THIS SECTION SHALL BE GIVEN
TO  APPLICANTS  WITH  EXPERIENCE  IN  OPERATING  YOUTHBUILD PROGRAMS AND
IMPLEMENTING THE YOUTHBUILD MODEL, INCLUDING BUT NOT LIMITED TO, HOUSING
CONSTRUCTION SKILLS TRAINING,  EDUCATION,  LEADERSHIP  DEVELOPMENT  LIFE
SKILLS  TRAINING, AND COUNSELING SERVICES.  PRIORITY SHALL ALSO BE GIVEN
TO THOSE WHO MEET THE PROGRAM STANDARDS OF YOUTHBUILD USA.
  8. ANY NOT-FOR-PROFIT PRIVATE AGENCIES, OR PUBLIC AGENCIES WITH  EXPE-
RIENCE  OPERATING  A  YOUTHBUILD  PROGRAM  OR  WITH A PLAN TO INCUBATE A
YOUTHBUILD PROGRAM UNTIL IT  CAN  BE  ESTABLISHED  AS  A  NOT-FOR-PROFIT
PRIVATE AGENCY ARE ELIGIBLE ENTITIES.  ONLY NOT-FOR-PROFIT PRIVATE AGEN-
CIES,  OR  PUBLIC  AGENCIES  THAT  ARE  AFFILIATES OF THE YOUTHBUILD USA
PROGRAM OR HAVE RECEIVED A HUD OR DEPARTMENT OF LABOR YOUTHBUILD  AWARD,
ARE ELIGIBLE TO USE THE TERM YOUTHBUILD.
  9.  THE  BOARD  SHALL REQUIRE THAT AN APPLICATION FOR YOUTHBUILD FUNDS
UNDER THIS SECTION CONTAIN AT MINIMUM:
  A. A REQUEST FOR AN IMPLEMENTATION GRANT, SPECIFYING THE AMOUNT OF THE
GRANT REQUESTED AND ITS PROPOSED USES;
  B. A DESCRIPTION OF THE APPLICANT AND A STATEMENT  OF  ITS  QUALIFICA-
TIONS,  INCLUDING  A  DESCRIPTION  OF  THE  APPLICANT'S  PAST EXPERIENCE
RUNNING  A  YOUTHBUILD  PROGRAM,  AND  WITH  HOUSING  REHABILITATION  OR
CONSTRUCTION AND WITH YOUTH AND YOUTH EDUCATION, YOUTH LEADERSHIP DEVEL-
OPMENT  AND  WORK EXPERIENCE SKILLS TRAINING PROGRAMS, AND ITS RELATION-
SHIP WITH LOCAL UNIONS AND  YOUTH  APPRENTICESHIP  PROGRAMS,  AND  OTHER
COMMUNITY GROUPS;
  C. A DESCRIPTION OF THE PROPOSED CONSTRUCTION SITE FOR THE PROGRAM AND
EVIDENCE OF SITE CONTROL;

S. 5919                             5

  D.  A DESCRIPTION OF THE EDUCATIONAL AND WORK EXPERIENCE SKILLS TRAIN-
ING ACTIVITIES, WORK OPPORTUNITIES, AND OTHER  SERVICES  THAT  SHALL  BE
PROVIDED TO PARTICIPANTS;
  E. A DESCRIPTION OF THE PROPOSED CONSTRUCTION OR REHABILITATION ACTIV-
ITIES  TO  BE  UNDERTAKEN  AND THE ANTICIPATED SCHEDULE FOR CARRYING OUT
SUCH ACTIVITIES;
  F. A DESCRIPTION OF THE MANNER  IN  WHICH  ELIGIBLE  YOUTHS  SHALL  BE
RECRUITED AND SELECTED, INCLUDING A DESCRIPTION OF THE ARRANGEMENTS THAT
SHALL  BE  MADE  WITH  COMMUNITY-BASED  ORGANIZATIONS, LOCAL EDUCATIONAL
AGENCIES, INCLUDING AGENCIES OF NATIVE AMERICAN NATIONS, PUBLIC  ASSIST-
ANCE  AGENCIES,  THE  COURTS OF JURISDICTION FOR STATUS AND YOUTH OFFEN-
DERS, SHELTERS FOR HOMELESS INDIVIDUALS AND OTHER  AGENCIES  THAT  SERVE
HOMELESS  YOUTH,  FOSTER CARE AGENCIES, AND OTHER APPROPRIATE PUBLIC AND
PRIVATE AGENCIES;
  G. A DESCRIPTION OF THE SPECIAL EFFORTS THAT SHALL  BE  UNDERTAKEN  TO
RECRUIT ELIGIBLE YOUNG WOMEN (INCLUDING YOUNG WOMEN WITH DEPENDENT CHIL-
DREN) WITH APPROPRIATE SUPPORTS, ESPECIALLY CHILDCARE;
  H. A DESCRIPTION OF HOW THE PROPOSED PROGRAM SHALL BE COORDINATED WITH
OTHER  FEDERAL,  STATE, AND LOCAL ACTIVITIES AND ACTIVITIES CONDUCTED BY
NATIVE AMERICAN NATIONS, INCLUDING  PUBLIC  SCHOOLS,  NATIONAL  SERVICE,
CRIME  PREVENTION  PROGRAMS,  VOCATIONAL,  ADULT AND BILINGUAL EDUCATION
PROGRAMS AND JOB TRAINING;
  I. ASSURANCES THAT THERE SHALL BE A SUFFICIENT  NUMBER  OF  ADEQUATELY
TRAINED SUPERVISORY PERSONNEL IN THE PROGRAM WHO HAVE ATTAINED THE LEVEL
OF JOURNEYMAN OR ITS EQUIVALENT;
  J. A DESCRIPTION OF THE APPLICANT'S RELATIONSHIP WITH ANY LOCAL BUILD-
ING  TRADE  UNIONS  OR  AGENCIES  LICENSED  TO ISSUE INDUSTRY-RECOGNIZED
CERTIFICATIONS, WHICH MAY EXIST, REGARDING THEIR INVOLVEMENT  IN  TRAIN-
ING,  AND  THE  RELATIONSHIP  OF THE YOUTHBUILD PROGRAM WITH ESTABLISHED
APPRENTICESHIP PROGRAMS;
  K. A DESCRIPTION OF ACTIVITIES THAT SHALL BE UNDERTAKEN TO DEVELOP THE
LEADERSHIP SKILLS OF PARTICIPANTS, INCLUDING THEIR ROLE IN DECISION-MAK-
ING;
  L. A DETAILED BUDGET  AND  A  DESCRIPTION  OF  THE  SYSTEM  OF  FISCAL
CONTROLS  AND  AUDITING AND ACCOUNTABILITY PROCEDURES THAT SHALL BE USED
TO ENSURE FISCAL SOUNDNESS;
  M. A DESCRIPTION  OF  ANY  CONTRACTS  AND  ARRANGEMENTS  ENTERED  INTO
BETWEEN  THE  APPLICANT  AND  OTHER  AGENCIES AND ENTITIES INCLUDING ALL
IN-KIND DONATIONS AND GRANTS FROM BOTH PUBLIC AND PRIVATE ENTITIES  THAT
SHALL SERVE TO AUGMENT NEW YORK YOUTHBUILD DEMONSTRATION PROGRAM FUNDS;
  N. IDENTIFICATION AND DESCRIPTION OF THE FINANCING PROPOSED FOR ANY:
  (1) ACQUISITION OF THE PROPERTY;
  (2) REHABILITATION; OR
  (3) CONSTRUCTION;
  O. IDENTIFICATION AND DESCRIPTION OF THE ENTITY THAT SHALL OPERATE AND
MANAGE THE PROPERTY;
  P.  A  CERTIFICATION THAT THE APPLICANT SHALL COMPLY WITH THE REQUIRE-
MENTS OF THE FAIR HOUSING ACT, TITLE VI OF THE CIVIL RIGHTS ACT OF 1964,
SECTION 504 OF THE REHABILITATION ACT OF 1973,  AND  THE  AGE  DISCRIMI-
NATION ACT OF 1975, AND SHALL AFFIRMATIVELY FURTHER FAIR HOUSING;
  Q. THE QUALIFICATIONS AND PAST EXPERIENCE OF THE PERSON WHO SHALL FILL
THE FULL-TIME PROGRAM DIRECTOR POSITION.
  10.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "YOUTHBUILD" SHALL BE
DEFINED AS ORGANIZATIONS CLAIMING TO HAVE OPERATED  YOUTHBUILD  PROGRAMS
LICENSED  BY  YOUTHBUILD USA OR ORGANIZATIONS THAT HAVE RECEIVED FEDERAL
HUD YOUTHBUILD FUNDING.

S. 5919                             6

  S 4. The sum of three million dollars  ($3,000,000)  per  year  for  a
period of three years, or so much thereof as may be necessary, is hereby
appropriated  to  the  education department from any moneys in the state
treasury in the general fund to  the  credit  of  the  local  assistance
account  not  otherwise  appropriated  for  services and expenses of the
education department and any other appropriate agency or department  for
the  purposes  of  implementing  the programs authorized by the New York
YouthBuild demonstration program.   Such sum shall  be  payable  on  the
audit  and  warrant  of  the  state comptroller on vouchers certified or
approved by the New York YouthBuild inter-agency board, as  provided  in
section 4608 of the education law and established in this act.
  S 5. On or before January 1, 2017, the New York YouthBuild inter-agen-
cy  board  shall contract with an independent consultant to evaluate and
report to the governor, the speaker of the assembly  and  the  temporary
president  of  the  senate  on  the  impact that the New York YouthBuild
demonstration program has had upon participants with regard to  but  not
limited  to  GED  attainment,  program completion, advancement to insti-
tutions of higher education and job placement.
  S 6. This act shall take effect  on  the  fifteenth  of  January  next
succeeding the date on which it shall have become a law.

co-Sponsors

2013-S5919A - Details

See Assembly Version of this Bill:: A1068
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Add §4608, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2202, A483
2011-2012: S3368, A22
2015-2016: S1749, A835
2017-2018: S3738, A13
2019-2020: A165

2013-S5919A - Summary

2013-S5919A - Sponsor Memo

                                BILL NUMBER:S5919A

TITLE OF BILL:  An act to amend the education law, in relation to
enacting the New York YouthBuild act; and making an appropriation
therefor

PURPOSE OR GENERAL IDEA OF BILL: Enacts the New York State YouthBuild
Act. This Act would create a nine member interagency board, appointed
by the Governor, to oversee a three year demonstration program that
would make grants to eligible YouthBuild applicants in order to
revitalize and sustain existing YouthBuild programs and expand the
number of Youth Build programs in New York State.

SUMMARY OF PROVISIONS: The legislation amends the Education Law by
adding a new Section 4608 to establish the New York State YouthBuild
Interagency Board. The board would be made up of nine members, each
appointed by the Governor. The Commissioners of Education. Labor and
the Division of Housing and Community Renewal would each nominate to
the Governor three members to serve on the Board. The Board would then
be authorized to issue grants from available funds to qualified
YouthBuild programs in New York State.

The grants may be applied to cover the following costs associated with
running a YouthBuild program: training for the rehabilitation or
construction of housing for certain targeted populations; integrated
education and work experience skills training services and activities;

education; work experience and skills training apprenticeship program;
assistance in attaining a post secondary education and required
financial aid; counseling services; leadership development training;
job seeking assistance and counseling for those participants who
choose not to pursue a higher education and a training subsidy for
participants. All YouthBuild participants are required to be full time
enrollees in the program. All programs serving 28 trainees or more are
required to employ a full time director. Administrative costs may not
exceed ten percent of the amount of assistance provided.

Eligible participants are youth ages 16 - 24 who are economically
disadvantaged, as defined in 29 United States Code 1503. In addition,
candidates must also be a part of one of the following groups:
persons who are not attending school and have not received a secondary
school diploma or its equivalent; persons currently enrolled in a
traditional or alternative school setting or HSED program who are in
danger of dropping out or persons whose income are at or less than
fifty percent of the area median income. Exceptions may be made for
those individuals who do of meet the educational or income
requirements but have demonstrated educational need despite the
attainment of a high school diploma, provided that these individuals
do not make up more than twenty-five percent of the program
population.

Any not-for-profit private or public agencies with experience
operating a YouthBuild program or with a plan to incubate a YouthBuild
program would be eligible to receive funding. Applicants for funding
must abide by the criteria-established in the legislation.

The bill appropriates the sum of $20 million per year for a period of
three years in order to carry out the costs associated with the


demonstration program. The State Education Department is directed to
provide support staff to the Board as is necessary. On or before
January 1, 2017, the Board shall contract with an independent
consultant to evaluate and report to the Governor, the Speaker of the
Assembly and the Temporary President of the Senate on the impact the
demonstration project has had upon program participants, with regard
to, but not limited to, HSED attainment, program completion,
advancement to institutions of higher education and job placement.

EXISTING LAW: Existing law does not authorize the grants to eligible
YouthBuild applicants for services and expenses for the purposes of
carrying out the provisions of this act,

JUSTIFICATION: YouthBuild has been working with at-risk young, people
in New York State since 1978, when the program first started in East
Harlem. It was expanded to the rest of the country with the passage of
the Housing and Community Development Act of 1992. Over 13,000 units
of low-income housing have been produced by YouthBuild students since
the program has gone nationwide.

YouthBuild is a comprehensive program that focuses on education, job
training, leadership development, community service and life skills.
Unemployed young people, ages 16 to 24, build affordable housing for
homeless and low-income families in their communities. Participants
split their time between the construction site and the classroom,
where they earn their GED or high school diploma Counseling and
support services are also offered to help students get into college or
embark on a career path.

Currently, there are 226 YouthBuild programs in the United States. Of
the 14 in New York State, only eight received federal funding in
2004.The increase in competition for these much-needed grants, coupled
with the federal government's decision to cut back on the total pot of
monies available, has fostered a funding environment that is
increasingly difficult for New York's programs to survive.  Four
experienced chapters were forced to shut down in 2004. Only one of New
York's existing programs received a federal appropriation for 2005.

YouthBuild is not just about creating affordable housing. It is about
giving troubled adolescents an opportunity to turn their lives around.
Most participants in the program are teens who have been expelled from
school or have made repeated appearances in our juvenile court system
for actions directly or indirectly related to drug abuse. Instead of
allowing these youths to burden our criminal justice and social
services systems years on end, YouthBuild turns them into productive
contributors to society.

Many states nationwide have recognized the meaningful work of
YouthBuild programs, and it is the intent of this legislation to fund
the New York State programs, independent of federal funding. The
appropriation associated with this project seeks to provide the means
necessary to demonstrate the value of funding YouthBuild on a state
level in comparison to the lifetime of costs spared to state and local
governments with each individual who succeeds in their program.

LEGISLATIVE HISTORY: Assembly: A2011-2012: A.22 - Referred to
Education 2009-2010: A.483 - Referred to Education, amended,


recommitted to Education 2007-2008: A.5639 - Referred to Education
2005-2006: A.3233 -Referred to Labor 2003-2004; A.294 - Referred to
Labor 2002: Reported from Labor, referred to Ways & Means 2001:
Referred to economic development, reference changed to labor 2000:
Reported from labor, referred to Ways & Means. Senate: 2002-2013, Died
in Senate

FISCAL IMPLICATIONS: To cover operating expenses for YouthBuild
programs in New York State, it is estimated that an appropriation of
approximately $20 million annually for three years would 'be necessary
to ensure continuation of services and demonstrate the value of Youth
Build to the state.

EFFECTIVE DATE: The fifteenth of January next succeeding the date on
which it shall have become law.

2013-S5919A - Bill Text download pdf

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

                                 5919--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              July 22, 2013
                               ___________

Introduced  by  Sens.  MONTGOMERY,  PARKER,  PERKINS  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance  -- recommitted to the Committee on Finance in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the education law, in relation to enacting the New York
  YouthBuild act; and making an appropriation therefor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York YouthBuild act".
  S 2. Legislative intent. The legislature seeks to support economically
disadvantaged youth, especially youth who have not finished high school,
to obtain the education, work experience skills training, personal coun-
seling, leadership development skills training,  job  placement  assist-
ance,  and  long-term  follow-up  services necessary for them to achieve
permanent economic self-sufficiency, while at the  same  time  providing
valuable community service that addresses urgent community needs includ-
ing the demand for affordable housing and the need for young role models
and mentors for younger teenagers and children.
  The  legislature  further intends to foster the development of leader-
ship skills and a commitment to community development among youth and to
ensure maximum educational achievement of program  participants  through
high  school  diploma  or  the  equivalent  attainment and transition to
institutions of higher education, where appropriate.
  The legislature further intends to provide communities the opportunity
to establish or rebuild neighborhood stability in economically depressed
and low-income areas, as well as historic areas requiring restoration or
preservation, while providing economically disadvantaged youth and youth
who have not finished  high  school  an  opportunity  for  a  meaningful
participation in society.
  The  legislature  further  intends  to allow communities to expand the
supply of affordable housing for homeless and other low-income  individ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD03523-02-4

S. 5919--A                          2

uals by utilizing the energies and talents of economically disadvantaged
youth and young people who have not graduated from high school.
  The  legislature  also intends to foster the development of leadership
skills and a commitment to community development among youth.
  S 3. The education law is amended by adding a new section 4608 to read
as follows:
  S 4608. THE NEW YORK YOUTHBUILD ACT; PROGRAM  REQUIREMENTS;  SERVICES.
1.    THE  COMMISSIONER IS AUTHORIZED TO MAKE GRANTS, TO ELIGIBLE APPLI-
CANTS FOR THE PURPOSE OF CARRYING OUT YOUTHBUILD  PROGRAMS  AS  APPROVED
UNDER  THIS  SECTION.  ALL PROGRAMS FUNDED PURSUANT TO THE PROVISIONS OF
THIS SECTION MAY SHALL REFLECT STRONG YOUTH AND  COMMUNITY  INVOLVEMENT.
IN  ADDITION,  FUNDING  PROVIDED  UNDER THIS SECTION MAY BE USED BY EACH
YOUTHBUILD PROGRAM TO PROVIDE THE FOLLOWING SERVICES:
  A. THE TRAINING COSTS FOR THE REHABILITATION OR CONSTRUCTION OF  HOUS-
ING  AND  RELATED  FACILITIES  TO  BE  USED FOR THE PURPOSE OF PROVIDING
HOMEOWNERSHIP FOR DISADVANTAGED PERSONS, RESIDENTIAL HOUSING  FOR  HOME-
LESS  INDIVIDUALS, AND LOW-INCOME AND VERY LOW-INCOME FAMILIES, OR TRAN-
SITIONAL HOUSING FOR PERSONS WHO ARE HOMELESS,  HAVE  DISABILITIES,  ARE
ILL,  ARE  DEINSTITUTIONALIZED,  OR HAVE SPECIAL NEEDS REHABILITATION OR
CONSTRUCTION OF COMMUNITY FACILITIES OWNED BY NOT-FOR-PROFIT  OR  PUBLIC
AGENCIES.
  B.  THE  COSTS  OF  PROVIDING  TRAINING  AND  PLACEMENT IN THE GROWING
EMPLOYMENT SECTORS OF HEALTHCARE AND TECHNOLOGY.
  C. THE COST OF INTEGRATED EDUCATION AND WORK EXPERIENCE SKILLS  TRAIN-
ING SERVICES AND ACTIVITIES WHICH ARE EVENLY DIVIDED WITHIN THE PROGRAM,
WITH  FIFTY  PERCENT OF STUDENTS' TIME SPENT IN CLASSROOM-BASED INSTRUC-
TION,  COUNSELING  AND  LEADERSHIP  DEVELOPMENT  INSTRUCTION  AND  FORTY
PERCENT  OF  THEIR  TIME  SPENT  IN  WORK  EXPERIENCE  TRAINING  ON  THE
CONSTRUCTION SITE OR IN HEALTHCARE OR TECHNOLOGY TRAINING PROGRAMS.  THE
PROGRAMS SHALL INCLUDE, AT MINIMUM, THE FOLLOWING ELEMENTS:
  (1) THE COST OF AN EDUCATION COMPONENT WHICH  INCLUDES:  BASIC  SKILLS
INSTRUCTION, SECONDARY EDUCATION SERVICES, AND OTHER ACTIVITIES DESIGNED
TO  LEAD  TO  THE ATTAINMENT OF A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT.
THE CURRICULUM FOR THIS COMPONENT SHALL  INCLUDE  MATH,  LANGUAGE  ARTS,
VOCATIONAL  EDUCATION,  LIFE  SKILLS TRAINING, SOCIAL STUDIES RELATED TO
THE CULTURAL AND COMMUNITY HISTORY OF THE STUDENTS,  LEADERSHIP  SKILLS,
AND  OTHER  TOPICS AT THE DISCRETION OF THE PROGRAMS. BILINGUAL SERVICES
SHALL BE AVAILABLE FOR INDIVIDUALS WITH LIMITED-ENGLISH PROFICIENCY. THE
DESIRED MINIMUM TEACHER/STUDENT CLASSROOM RATIO SHALL BE ONE TEACHER FOR
EVERY FIFTEEN STUDENTS.
  (2) A WORK EXPERIENCE AND  SKILLS  TRAINING  COMPONENT  APPRENTICESHIP
PROGRAM   THAT   INCLUDES  CONSTRUCTION  AND  REHABILITATION  ACTIVITIES
DESCRIBED  IN  PARAGRAPH  A  OF  THIS  SUBDIVISION.   THE   PROCESS   OF
CONSTRUCTION  MUST  BE  COUPLED WITH WORK EXPERIENCE SKILLS TRAINING AND
WITH CLOSE ON-SITE SUPERVISION BY EXPERIENCED TRAINERS.  THE  CURRICULUM
FOR THIS COMPONENT SHALL CONTAIN A SET OF LOCALLY AGREED UPON SKILLS AND
COMPETENCIES  THAT  ARE  SYSTEMATICALLY  TAUGHT,  WITH STUDENTS' MASTERY
ASSESSED INDIVIDUALLY ON A REGULAR, ONGOING BASIS. SAFETY  SKILLS  SHALL
BE  TAUGHT AT THE OUTSET. THE DESIRED TRAINER/STUDENT RATIO SHALL BE ONE
TRAINER FOR EVERY SEVEN STUDENTS. THE WORK EXPERIENCE AND SKILLS  TRAIN-
ING  COMPONENT  SHALL BE COORDINATED TO THE MAXIMUM EXTENT FEASIBLE WITH
PREAPPRENTICESHIP AND APPRENTICESHIP PROGRAMS.
  (3) ASSISTANCE IN ATTAINING  POST  SECONDARY  EDUCATION  AND  REQUIRED
FINANCIAL  AID  SHALL  BE MADE AVAILABLE TO PARTICIPANTS PRIOR TO GRADU-
ATION.

S. 5919--A                          3

  D. THE COST OF COUNSELING SERVICES DESIGNED TO ASSIST PARTICIPANTS  TO
POSITIVELY  PARTICIPATE  IN  SOCIETY,  WHICH  SHOULD  INCLUDE ALL OF THE
FOLLOWING IF NECESSARY: OUTREACH, ASSESSMENT, AND ORIENTATION;  INDIVID-
UAL  AND  PEER  COUNSELING; LIFE SKILLS TRAINING, DRUG AND ALCOHOL ABUSE
EDUCATION  AND  PREVENTION;  AND  REFERRAL TO APPROPRIATE DRUG REHABILI-
TATION, MEDICAL, MENTAL HEALTH, LEGAL, HOUSING, AND OTHER  SERVICES  AND
RESOURCES  IN  THE  COMMUNITY.  THE  DESIRED COUNSELOR/PARTICIPANT RATIO
SHALL BE ONE COUNSELOR FOR EVERY TWENTY-EIGHT STUDENTS.
  E. THE COST OF LEADERSHIP DEVELOPMENT TRAINING THAT  PROVIDED  PARTIC-
IPANTS  WITH  MEANINGFUL OPPORTUNITIES TO DEVELOP LEADERSHIP SKILLS SUCH
AS DECISION MAKING, PROBLEM SOLVING, AND NEGOTIATING. THE PROGRAM  SHALL
ALSO  ENCOURAGE  PARTICIPANTS  TO  DEVELOP  STRONG  PEER GROUP TIES THAT
SUPPORT THEIR MUTUAL PURSUIT OF SKILLS AND VALUES.
  ALL PROGRAMS MUST ESTABLISH A YOUTH COUNCIL IN WHICH PARTICIPANTS  ARE
AFFORDED  OPPORTUNITIES  TO  DEVELOP  PUBLIC  SPEAKING  AND  NEGOTIATING
SKILLS,  AND  MANAGEMENT  AND  POLICYMAKING  PARTICIPATION  IN  SPECIFIC
ASPECTS OF THE PROGRAM.
  2.  A  TRAINING SUBSIDY, LIVING ALLOWANCE, OR STIPEND THAT SHALL BE NO
LESS THAN MINIMUM WAGE MUST BE PROVIDED TO PROGRAM PARTICIPANTS FOR  THE
TIME  SPENT  AT  THE  WORKSITE  IN  CONSTRUCTION TRAINING, HEALTHCARE OR
INFORMATION TECHNOLOGY SERVICES.   FOR THOSE  PARTICIPANTS  WHO  RECEIVE
PUBLIC  ASSISTANCE,  THIS TRAINING SUBSIDY, LIVING ALLOWANCE, OR STIPEND
SHALL NOT AFFECT THEIR HOUSING BENEFITS, MEDICAL  BENEFITS,  CHILD  CARE
BENEFITS  OR  FOOD STAMP BENEFITS. STIPENDS AND WAGES MAY BE DISTRIBUTED
IN A MANNER THAT OFFERS INCENTIVES FOR GOOD PERFORMANCE.
  A. FULL TIME PARTICIPATION IN A YOUTHBUILD PROGRAM SHALL  BE  REQUIRED
FOR  A  PERIOD OF NOT LESS THAN SIX MONTHS AND NOT MORE THAN TWENTY-FOUR
MONTHS.
  B. A CONCENTRATED EFFORT, FOR THOSE PARTICIPANTS  WHO  CHOOSE  NOT  TO
IMMEDIATELY  ENROLL IN AN INSTITUTION OF HIGHER EDUCATION, SHALL BE MADE
TO FIND CONSTRUCTION, CONSTRUCTION-RELATED, AND NONCONSTRUCTION JOBS  AS
WELL  AS  JOBS IN THE FIELDS OF HEALTHCARE AND TECHNOLOGY FOR ALL GRADU-
ATES OF THE PROGRAM WHO HAVE PERFORMED WELL. THE WORK EXPERIENCE  SKILLS
TRAINING  CURRICULUM  SHALL  PROVIDE PARTICIPANTS WITH BASIC PREPARATION
FOR SEEKING AND MAINTAINING A JOB. FOLLOW-UP COUNSELING  AND  ASSISTANCE
IN  JOB-SEEKING  SHALL  ALSO  BE PROVIDED TO PARTICIPANTS FOR THE TWELVE
MONTHS FOLLOWING GRADUATION FROM THE PROGRAM.
  C. ALL PROGRAMS SERVING TWENTY-EIGHT TRAINEES OR MORE ARE REQUIRED  TO
HAVE  A  FULL-TIME  DIRECTOR  RESPONSIBLE  FOR  THE  COORDINATION OF ALL
ASPECTS OF THE YOUTHBUILD PROGRAM.
  3. IMPLEMENTATION GRANTS MAY BE USED TO CARRY OUT THE ACTIVITIES LIST-
ED IN SUBDIVISIONS ONE, TWO AND THREE OF THIS  SECTION.  OTHER  ELIGIBLE
ACTIVITIES INCLUDE THE FOLLOWING:
  A.  ADMINISTRATIVE COSTS OF THE APPLICANT UP TO FIFTEEN PERCENT OF THE
AMOUNT OF ASSISTANCE PROVIDED.
  B. DEFRAYING COSTS FOR THE ONGOING TRAINING AND  TECHNICAL  ASSISTANCE
NEEDS OF THE RECIPIENT THAT ARE RELATED TO DEVELOPING AND CARRYING OUT A
YOUTHBUILD  PROGRAM  INCLUDING:    THE  COMMISSIONER  SHALL RESERVE FIVE
PERCENT OF THE NEW YORK YOUTHBUILD PROGRAM APPROPRIATIONS TO ENTER  INTO
CONTRACT  WITH  YOUTHBUILD  USA,  INC.    TO  PROVIDE  ASSISTANCE IN THE
PROVISION OF TRAINING AND TECHNICAL ASSISTANCE TO, OR IN THE MANAGEMENT,
SUPERVISION AND COORDINATION OF, YOUTHBUILD PROGRAMS UNDER THIS SECTION.
  4. ELIGIBLE PARTICIPANTS ARE YOUTH BETWEEN THE  AGES  OF  SIXTEEN  AND
TWENTY-FOUR  WHO  ARE ECONOMICALLY DISADVANTAGED AS DEFINED IN 29 UNITED
STATES CODE 1503, AND WHO ARE PART OF ONE OF THE FOLLOWING GROUPS:

S. 5919--A                          4

  A. PERSONS WHO ARE NOT ATTENDING ANY SCHOOL AND HAVE  NOT  RECEIVED  A
SECONDARY SCHOOL DIPLOMA OR ITS EQUIVALENT; OR
  B.  PERSONS  CURRENTLY ENROLLED IN A TRADITIONAL OR ALTERNATIVE SCHOOL
SETTING OR AN HSED PROGRAM AND WHO ARE IN  DANGER  OF  DROPPING  OUT  OF
SCHOOL; OR
  C.  VERY  LOW-INCOME  PERSONS  WHOSE INCOMES ARE AT OR LESS THAN FIFTY
PERCENT OF THE AREA MEDIAN INCOME AREA, ADJUSTED  FOR  FAMILY  SIZE,  AS
ESTIMATED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
  5.  AN  EXCEPTION  MAY  BE  MADE FOR INDIVIDUALS NOT MEETING INCOME OR
EDUCATIONAL NEED REQUIREMENTS. NOT MORE THAN TWENTY-FIVE PERCENT OF  THE
PARTICIPANTS  IN  SUCH  PROGRAM  MAY  BE INDIVIDUALS WHO DO NOT MEET THE
REQUIREMENTS OF SUBDIVISION FIVE OF THIS SECTION, BUT  WHO  HAVE  EDUCA-
TIONAL NEEDS DESPITE THE ATTAINMENT OF A HIGH SCHOOL DIPLOMA.
  6. PRIORITY IN THE AWARDING OF FUNDS UNDER THIS SECTION SHALL BE GIVEN
TO  APPLICANTS  WITH  EXPERIENCE  IN  OPERATING  YOUTHBUILD PROGRAMS AND
IMPLEMENTING THE YOUTHBUILD MODEL, INCLUDING BUT NOT LIMITED TO, HOUSING
CONSTRUCTION SKILLS TRAINING,  EDUCATION,  LEADERSHIP  DEVELOPMENT  LIFE
SKILLS  TRAINING, AND COUNSELING SERVICES.  PRIORITY SHALL ALSO BE GIVEN
TO THOSE WHO MEET THE PROGRAM STANDARDS OF YOUTHBUILD USA.
  7. ANY NOT-FOR-PROFIT PRIVATE AGENCIES, OR PUBLIC AGENCIES WITH  EXPE-
RIENCE  OPERATING  A  YOUTHBUILD  PROGRAM  OR  WITH A PLAN TO INCUBATE A
YOUTHBUILD PROGRAM UNTIL IT  CAN  BE  ESTABLISHED  AS  A  NOT-FOR-PROFIT
PRIVATE AGENCY ARE ELIGIBLE ENTITIES.  ONLY NOT-FOR-PROFIT PRIVATE AGEN-
CIES, OR PUBLIC AGENCIES THAT ARE AFFILIATES OF THE YOUTHBUILD USA, INC.
OR  CURRENT  RECIPIENTS  OF  A DEPARTMENT OF LABOR YOUTHBUILD AWARD, ARE
ELIGIBLE TO USE THE TERM YOUTHBUILD OR ARE ELIGIBLE TO APPLY  FOR  THESE
FUNDS.
  8.  THE  COMMISSIONER SHALL REQUIRE THAT AN APPLICATION FOR YOUTHBUILD
FUNDS UNDER THIS SECTION CONTAIN AT MINIMUM:
  A. A REQUEST FOR AN IMPLEMENTATION GRANT, SPECIFYING THE AMOUNT OF THE
GRANT REQUESTED AND ITS PROPOSED USES;
  B. A DESCRIPTION OF THE APPLICANT AND A STATEMENT  OF  ITS  QUALIFICA-
TIONS,  INCLUDING  A  DESCRIPTION  OF  THE  APPLICANT'S  PAST EXPERIENCE
RUNNING A YOUTHBUILD PROGRAM, AND ITS EXPERIENCE WITH HOUSING  REHABILI-
TATION OR CONSTRUCTION AND WITH YOUTH AND YOUTH EDUCATION, YOUTH LEADER-
SHIP  DEVELOPMENT  AND WORK EXPERIENCE SKILLS TRAINING PROGRAMS, AND ITS
RELATIONSHIP WITH LOCAL UNIONS AND YOUTH  APPRENTICESHIP  PROGRAMS,  AND
OTHER COMMUNITY GROUPS;
  C. A DESCRIPTION OF THE PROPOSED CONSTRUCTION SITE FOR THE PROGRAM AND
EVIDENCE OF SITE CONTROL;
  D.  A DESCRIPTION OF THE EDUCATIONAL AND WORK EXPERIENCE SKILLS TRAIN-
ING ACTIVITIES, WORK OPPORTUNITIES, AND OTHER  SERVICES  THAT  SHALL  BE
PROVIDED TO PARTICIPANTS;
  E. A DESCRIPTION OF THE PROPOSED CONSTRUCTION OR REHABILITATION ACTIV-
ITIES  TO  BE  UNDERTAKEN  AND THE ANTICIPATED SCHEDULE FOR CARRYING OUT
SUCH ACTIVITIES AND A SIMILAR DESCRIPTION OF  HEALTHCARE  OR  TECHNOLOGY
ACTIVITIES IT PROPOSES IF IT INCLUDES THESE ACTIVITIES IN THE PROGRAM;
  F.  A  DESCRIPTION  OF  THE  MANNER  IN WHICH ELIGIBLE YOUTHS SHALL BE
RECRUITED AND SELECTED, INCLUDING A DESCRIPTION OF THE ARRANGEMENTS THAT
SHALL BE MADE  WITH  COMMUNITY-BASED  ORGANIZATIONS,  LOCAL  EDUCATIONAL
AGENCIES,  INCLUDING AGENCIES OF NATIVE AMERICAN NATIONS, PUBLIC ASSIST-
ANCE AGENCIES, THE COURTS OF JURISDICTION FOR STATUS  AND  YOUTH  OFFEN-
DERS,  SHELTERS  FOR  HOMELESS INDIVIDUALS AND OTHER AGENCIES THAT SERVE
HOMELESS YOUTH, FOSTER CARE AGENCIES, AND OTHER APPROPRIATE  PUBLIC  AND
PRIVATE AGENCIES;

S. 5919--A                          5

  G.  A  DESCRIPTION  OF THE SPECIAL EFFORTS THAT SHALL BE UNDERTAKEN TO
RECRUIT ELIGIBLE YOUNG WOMEN (INCLUDING YOUNG WOMEN WITH DEPENDENT CHIL-
DREN) WITH APPROPRIATE SUPPORTS, ESPECIALLY CHILDCARE;
  H. A DESCRIPTION OF HOW THE PROPOSED PROGRAM SHALL BE COORDINATED WITH
OTHER  FEDERAL,  STATE, AND LOCAL ACTIVITIES AND ACTIVITIES CONDUCTED BY
NATIVE AMERICAN NATIONS, INCLUDING  PUBLIC  SCHOOLS,  NATIONAL  SERVICE,
CRIME  PREVENTION  PROGRAMS,  VOCATIONAL,  ADULT AND BILINGUAL EDUCATION
PROGRAMS AND JOB TRAINING;
  I. ASSURANCES THAT THERE SHALL BE A SUFFICIENT  NUMBER  OF  ADEQUATELY
TRAINED  SUPERVISORY PERSONNEL AT ANY PROGRAM CONSTRUCTION SITE WHO HAVE
ATTAINED THE LEVEL OF JOURNEYMAN OR ITS EQUIVALENT;
  J. A DESCRIPTION OF THE APPLICANT'S RELATIONSHIP WITH ANY LOCAL BUILD-
ING TRADE UNIONS  OR  AGENCIES  LICENSED  TO  ISSUE  INDUSTRY-RECOGNIZED
CERTIFICATIONS,  WHICH  MAY EXIST, REGARDING THEIR INVOLVEMENT IN TRAIN-
ING, AND THE RELATIONSHIP OF THE  YOUTHBUILD  PROGRAM  WITH  ESTABLISHED
APPRENTICESHIP PROGRAMS;
  K. A DESCRIPTION OF ACTIVITIES THAT SHALL BE UNDERTAKEN TO DEVELOP THE
LEADERSHIP SKILLS OF PARTICIPANTS, INCLUDING THEIR ROLE IN DECISION-MAK-
ING;
  L.  A  DETAILED  BUDGET  AND  A  DESCRIPTION  OF  THE SYSTEM OF FISCAL
CONTROLS AND AUDITING AND ACCOUNTABILITY PROCEDURES THAT SHALL  BE  USED
TO ENSURE FISCAL SOUNDNESS;
  M.  A  DESCRIPTION  OF  ANY  CONTRACTS  AND  ARRANGEMENTS ENTERED INTO
BETWEEN THE APPLICANT AND OTHER  AGENCIES  AND  ENTITIES  INCLUDING  ALL
IN-KIND  DONATIONS AND GRANTS FROM BOTH PUBLIC AND PRIVATE ENTITIES THAT
SHALL SERVE TO AUGMENT NEW YORK YOUTHBUILD DEMONSTRATION PROGRAM FUNDS;
  N. IDENTIFICATION AND DESCRIPTION OF THE FINANCING PROPOSED FOR ANY:
  (1) ACQUISITION OF THE PROPERTY;
  (2) REHABILITATION; OR
  (3) CONSTRUCTION;
  O. IDENTIFICATION AND DESCRIPTION OF THE ENTITY THAT SHALL OPERATE AND
MANAGE THE PROPERTY;
  P. A CERTIFICATION THAT THE APPLICANT SHALL COMPLY WITH  THE  REQUIRE-
MENTS OF THE FAIR HOUSING ACT, TITLE VI OF THE CIVIL RIGHTS ACT OF 1964,
SECTION  504  OF  THE  REHABILITATION ACT OF 1973, AND THE AGE DISCRIMI-
NATION ACT OF 1975, AND SHALL AFFIRMATIVELY FURTHER FAIR HOUSING;
  Q. THE QUALIFICATIONS AND PAST EXPERIENCE OF THE PERSON WHO SHALL FILL
THE FULL-TIME PROGRAM DIRECTOR POSITION.
  9. FOR THE PURPOSES OF THIS SECTION, THE TERM  "YOUTHBUILD"  SHALL  BE
DEFINED AS ORGANIZATIONS THAT HAVE OPERATED YOUTHBUILD PROGRAMS LICENSED
BY  YOUTHBUILD  USA  OR  ORGANIZATIONS  THAT  CURRENTLY  RECEIVE FEDERAL
DEPARTMENT OF LABOR YOUTHBUILD FUNDING.
  S 4. The sum of twenty million dollars ($20,000,000) per  year  for  a
period of three years, or so much thereof as may be necessary, is hereby
appropriated  to  the  education department from any moneys in the state
treasury in the general fund to  the  credit  of  the  local  assistance
account  not  otherwise  appropriated  for  services and expenses of the
education department and any other appropriate agency or department  for
the  purposes  of  implementing  the programs authorized by the New York
YouthBuild act.  Such sum shall be payable on the audit and  warrant  of
the  state  comptroller on vouchers certified or approved by the commis-
sioner of education, or his or her duly designated  representatives,  as
provided  in  section  4608 of the education law and established in this
act.
  S 5. This act shall take effect  on  the  fifteenth  of  January  next
succeeding the date on which it shall have become a law.

co-Sponsors

2013-S5919B (ACTIVE) - Details

See Assembly Version of this Bill:: A1068
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Add §4608, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2202, A483
2011-2012: S3368, A22
2015-2016: S1749, A835
2017-2018: S3738, A13
2019-2020: A165

2013-S5919B (ACTIVE) - Summary

2013-S5919B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5919B

TITLE OF BILL:  An act to amend the education law, in relation to
enacting the "New York state YouthBuild act"; setting program
requirements; authorizing the commissioner of education to make grants
to eligible YouthBuild programs and to establish application
requirements; expanding the number of YouthBuild programs in New York
state; and making an appropriation therefor

PURPOSE OR GENERAL IDEA OF BILL: Enacts the New York State YouthBuild
Act. This Act would create a nine member interagency board, appointed
by the Governor, to oversee a three year demonstration program that
would make grants to eligible YouthBuild applicants in order to
revitalize and sustain existing YouthBuild programs and expand the
number of Youth Build programs in New York State.

SUMMARY OF PROVISIONS: The legislation amends the Education Law by
adding a new Section 4608 to establish the New York State YouthBuild
Interagency Board. The board would be made up of nine members, each
appointed by the Governor. The Commissioners of Education, Labor and
the Division of Housing and Community Renewal would each nominate to
the Governor three members to serve on the Board. The Board would then
be authorized to issue grants from available funds to qualified
YouthBuild programs in New York State.

The grants may be applied to cover the following costs associated with

running a YouthBuild program: training for the rehabilitation or
construction of housing for certain targeted populations; integrated
education and work experience skills training services and activities;
education; work experience and skills training apprenticeship program;
assistance in attaining a post secondary education and required
financial aid; counseling services; leadership development training;
job seeking assistance and counseling for those participants who
choose not to pursue a higher education and a training subsidy for
participants. All YouthBuild participants are required to be full time
enrollees in the program. All programs serving 28 trainees or more are
required to employ a full time director. Administrative costs may not
exceed ten percent of the amount of assistance provided.

Eligible participants are youth ages 16 - 24 who are economically
disadvantaged, as defined in 29 United States Code 1503. In addition,
candidates must also be a part of one of the following groups:
persons who are not attending school and have not received a secondary
school diploma or its equivalent; persons currently enrolled in a
traditional or alternative school setting or HSED program who are in
danger of dropping out or persons whose income are at or less than
fifty percent of the area median income. Exceptions may be made for
those individuals who do of meet the educational or income
requirements but have demonstrated educational need despite the
attainment of a high school diploma, provided that these individuals
do not make up more than twenty-five percent of the program
population.

Any not-for-profit private or public agencies with experience
operating a YouthBuild program or with a plan to incubate a YouthBuild
program would be eligible to receive funding. Applicants for funding
must abide by the criteria-established in the legislation.


The bill appropriates the sum of $20 million per year for a period of
three years in order to carry out the costs associated with the
demonstration program. The State Education Department is directed to
provide support staff to the Board as is necessary. On or before
January 1, 2017, the Board shall contract with an independent
consultant to evaluate and report to the Governor, the Speaker of the
Assembly and the Temporary President of the Senate on the impact the
demonstration project has had upon program participants, with regard
to, but not limited to, HSED attainment, program completion,
advancement to institutions of higher education and job placement.

EXISTING LAW: Existing law does not authorize the grants to eligible
YouthBuild applicants for services and expenses for the purposes of
carrying out the provisions of this act.

JUSTIFICATION: YouthBuild has been working with at-risk young, people
in New York State since 1978, when the program first started in East
Harlem. It was expanded to the rest of the country with the passage of
the Housing and Community Development Act of 1992. Over 13,000 units
of low-income housing have been produced by YouthBuild students since
the program has gone nationwide.

YouthBuild is a comprehensive program that focuses on education, job
training, leadership development, community service and life skills.
Unemployed young people, ages 16 to 24, build affordable housing for
homeless and low-income families in their communities. Participants
split their time between the construction site and the classroom,
where they earn their GED or high school diploma Counseling and
support services are also offered to help students get into college or
embark on a career path.

Currently, there are 226 YouthBuild programs in the United States. Of
the 14 in New York State, only eight received federal funding in
2004.The increase in competition for these much-needed grants, coupled
with the federal government's decision to cut back on the total pot of
monies available, has fostered a funding environment that is
increasingly difficult for New York's programs to survive. Four
experienced chapters were forced to shut down in 2004. Only one of New
York's existing programs received a federal appropriation for 2005.

YouthBuild is not just about creating affordable housing. It is about
giving troubled adolescents an opportunity to turn their lives around.
Most participants in the program are teens who have been expelled from
school or have made repeated appearances in our juvenile court system
for actions directly or indirectly related to drug abuse. Instead of
allowing these youths to burden our criminal justice and social
services systems years on end, YouthBuild turns them into productive
contributors to society.

Many states nationwide have recognized the meaningful work of
YouthBuild programs, and it is the intent of this legislation to fund
the New York State programs, independent of federal funding. The
appropriation associated with this project seeks to provide the means
necessary to demonstrate the value of funding YouthBuild on a state
level in comparison to the lifetime of costs spared to state and local
governments with each individual who succeeds in their program.


LEGISLATIVE HISTORY: Assembly: A2011-2012: A.22 - Referred to
Education 2009-2010: A.483 - Referred to Education, amended,
recommitted to Education 2007-2008: A.5639 Referred to Education
2005-2006: A.3233-Referred to Labor 2003-2004; A.294 - Referred to
Labor 2002: Reported from Labor, referred to Ways & Means 2001:
Referred to economic Development, reference changed to labor 2000:
Reported from labor, referred to Ways & Means. Senate: 2002-2013, Died
in Senate

FISCAL IMPLICATIONS: To cover operating expenses for YouthBuild
programs in New York State, it is estimated that an appropriation of
approximately $20 million annually for three years would be necessary
to ensure continuation of services and demonstrate the value of Youth
Build to the state.

EFFECTIVE DATE: The fifteenth of January next succeeding the date on
which it shall have become law.

2013-S5919B (ACTIVE) - Bill Text download pdf

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

                                 5919--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              July 22, 2013
                               ___________

Introduced  by  Sens. MONTGOMERY, PARKER, PERKINS, KENNEDY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Finance -- recommitted to the Committee on  Finance  in  accordance
  with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the education law, in relation to enacting the "New York
  state YouthBuild act"; setting program requirements;  authorizing  the
  commissioner  of  education  to  make  grants  to  eligible YouthBuild
  programs and to  establish  application  requirements;  expanding  the
  number  of YouthBuild programs in New York state; and making an appro-
  priation therefor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York state YouthBuild act".
  S 2. Legislative intent. The legislature seeks to support economically
disadvantaged youth, especially youth who have not finished high school,
to obtain the education, work experience skills training, personal coun-
seling, leadership development skills training,  job  placement  assist-
ance,  and  long-term  follow-up  services necessary for them to achieve
permanent economic self-sufficiency, while at the  same  time  providing
valuable community service that addresses urgent community needs includ-
ing the demand for affordable housing and the need for young role models
and mentors for younger teenagers and children.
  The  legislature  further intends to foster the development of leader-
ship skills and a commitment to community development among youth and to
ensure maximum educational achievement of program  participants  through
high  school  diploma  or  the  equivalent  attainment and transition to
institutions of higher education, where appropriate.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03523-10-4

S. 5919--B                          2

  The legislature further intends to provide communities the opportunity
to establish or rebuild neighborhood stability in economically depressed
and low-income areas, as well as historic areas requiring restoration or
preservation, while providing economically disadvantaged youth and youth
who  have  not  finished  high  school  an  opportunity for a meaningful
participation in society.
  The legislature further intends to allow  communities  to  expand  the
supply  of affordable housing for homeless and other low-income individ-
uals by utilizing the energies and talents of economically disadvantaged
youth and young people who have not graduated from high school.
  The legislature also intends to foster the development  of  leadership
skills and a commitment to community development among youth.
  S 3. The education law is amended by adding a new section 4608 to read
as follows:
  S  4608.  THE  NEW  YORK  STATE  YOUTHBUILD ACT; PROGRAM REQUIREMENTS;
SERVICES.  1. THE COMMISSIONER IS AUTHORIZED TO MAKE GRANTS TO  ELIGIBLE
APPLICANTS  FOR  THE  PURPOSE  OF  CARRYING  OUT  YOUTHBUILD PROGRAMS AS
APPROVED UNDER  THIS  SECTION.  ALL  PROGRAMS  FUNDED  PURSUANT  TO  THE
PROVISIONS  OF  THIS  SECTION  SHALL  REFLECT STRONG YOUTH AND COMMUNITY
INVOLVEMENT. IN ADDITION, FUNDING PROVIDED UNDER  THIS  SECTION  MAY  BE
USED BY EACH YOUTHBUILD PROGRAM TO PROVIDE THE FOLLOWING SERVICES:
  A.  THE TRAINING COSTS FOR THE REHABILITATION OR CONSTRUCTION OF HOUS-
ING AND RELATED FACILITIES TO BE  USED  FOR  THE  PURPOSE  OF  PROVIDING
HOMEOWNERSHIP  FOR  DISADVANTAGED PERSONS, RESIDENTIAL HOUSING FOR HOME-
LESS INDIVIDUALS, AND LOW-INCOME AND VERY LOW-INCOME FAMILIES, OR  TRAN-
SITIONAL  HOUSING  FOR  PERSONS WHO ARE HOMELESS, HAVE DISABILITIES, ARE
ILL, ARE DEINSTITUTIONALIZED, OR HAVE SPECIAL NEEDS,  OR  THE  REHABILI-
TATION  OR  CONSTRUCTION OF COMMUNITY FACILITIES OWNED BY NOT-FOR-PROFIT
PUBLIC AGENCIES.
  B. THE COST OF PROVIDING TRAINING AND PLACEMENT IN THE GROWING EMPLOY-
MENT SECTORS OF HEALTHCARE AND TECHNOLOGY.
  C. THE COST OF INTEGRATED EDUCATION AND WORK EXPERIENCE SKILLS  TRAIN-
ING SERVICES AND ACTIVITIES WHICH ARE EVENLY DIVIDED WITHIN THE PROGRAM,
WITH  AT  LEAST FIFTY PERCENT OF STUDENTS' TIME SPENT IN CLASSROOM-BASED
INSTRUCTION, COUNSELING AND LEADERSHIP DEVELOPMENT  INSTRUCTION  AND  AT
LEAST  FORTY  PERCENT OF THEIR TIME SPENT IN WORK EXPERIENCE TRAINING ON
THE CONSTRUCTION SITE, OR IN HEALTHCARE OR TECHNOLOGY TRAINING PROGRAMS.
THE PROGRAM SHALL INCLUDE, AT MINIMUM, THE FOLLOWING ELEMENTS:
  (1) THE COST OF AN EDUCATION COMPONENT WHICH  INCLUDES:  BASIC  SKILLS
INSTRUCTION, SECONDARY EDUCATION SERVICES, AND OTHER ACTIVITIES DESIGNED
TO  LEAD  TO  THE ATTAINMENT OF A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT.
THE CURRICULUM FOR THIS COMPONENT SHALL  INCLUDE  MATH,  LANGUAGE  ARTS,
VOCATIONAL  EDUCATION,  LIFE  SKILLS TRAINING, SOCIAL STUDIES RELATED TO
THE CULTURAL AND COMMUNITY HISTORY OF THE STUDENTS,  LEADERSHIP  SKILLS,
AND  OTHER  TOPICS AT THE DISCRETION OF THE PROGRAMS. BILINGUAL SERVICES
SHALL BE AVAILABLE FOR INDIVIDUALS WITH LIMITED-ENGLISH PROFICIENCY. THE
DESIRED MINIMUM TEACHER/STUDENT CLASSROOM RATIO SHALL BE ONE TEACHER FOR
EVERY FIFTEEN STUDENTS.
  (2) A WORK EXPERIENCE AND SKILLS TRAINING COMPONENT PRE-APPRENTICESHIP
PROGRAM  THAT  INCLUDES  CONSTRUCTION  AND   REHABILITATION   ACTIVITIES
DESCRIBED   IN   PARAGRAPH   A  OF  THIS  SUBDIVISION.  THE  PROCESS  OF
CONSTRUCTION MUST BE COUPLED WITH WORK EXPERIENCE  SKILLS  TRAINING  AND
WITH  CLOSE  ON-SITE SUPERVISION BY EXPERIENCED TRAINERS. THE CURRICULUM
FOR THIS COMPONENT SHALL CONTAIN A SET OF LOCALLY AGREED UPON SKILLS AND
COMPETENCIES THAT ARE  SYSTEMATICALLY  TAUGHT,  WITH  STUDENTS'  MASTERY
ASSESSED  INDIVIDUALLY ON A REGULAR, ONGOING BASIS.  SAFETY SKILLS SHALL

S. 5919--B                          3

BE TAUGHT AT THE OUTSET. THE DESIRED TRAINER/STUDENT RATIO SHALL BE  ONE
TRAINER FOR EVERY SEVEN STUDENTS.  THE WORK EXPERIENCE AND SKILLS TRAIN-
ING  COMPONENT  SHALL BE COORDINATED TO THE MAXIMUM EXTENT FEASIBLE WITH
PREAPPRENTICESHIP AND APPRENTICESHIP PROGRAMS.
  (3)  ASSISTANCE  IN  ATTAINING  POST  SECONDARY EDUCATION AND REQUIRED
FINANCIAL AID SHALL BE MADE AVAILABLE TO PARTICIPANTS  PRIOR  TO  GRADU-
ATION.
  D.  THE COST OF COUNSELING SERVICES DESIGNED TO ASSIST PARTICIPANTS TO
POSITIVELY PARTICIPATE IN SOCIETY,  WHICH  SHOULD  INCLUDE  ALL  OF  THE
FOLLOWING  IF NECESSARY: OUTREACH, ASSESSMENT, AND ORIENTATION; INDIVID-
UAL AND PEER COUNSELING; LIFE SKILLS TRAINING; DRUG  AND  ALCOHOL  ABUSE
EDUCATION  AND  PREVENTION;  AND  REFERRAL TO APPROPRIATE DRUG REHABILI-
TATION, MEDICAL, MENTAL HEALTH, LEGAL, HOUSING, AND OTHER  SERVICES  AND
RESOURCES  IN  THE  COMMUNITY.  THE  DESIRED COUNSELOR/PARTICIPANT RATIO
SHALL BE ONE COUNSELOR FOR EVERY TWENTY-EIGHT STUDENTS.
  E. THE COST OF LEADERSHIP DEVELOPMENT TRAINING THAT  PROVIDES  PARTIC-
IPANT WITH MEANINGFUL OPPORTUNITIES TO DEVELOP LEADERSHIP SKILLS SUCH AS
DECISION  MAKING,  PROBLEM  SOLVING,  AND NEGOTIATING. THE PROGRAM SHALL
ALSO ENCOURAGE PARTICIPANTS TO  DEVELOP  STRONG  PEER  GROUP  TIES  THAT
SUPPORT THEIR MUTUAL PURSUIT OF SKILLS AND VALUES.
  ALL  PROGRAMS MUST ESTABLISH A YOUTH COUNCIL IN WHICH PARTICIPANTS ARE
AFFORDED  OPPORTUNITIES  TO  DEVELOP  PUBLIC  SPEAKING  AND  NEGOTIATING
SKILLS,  AND  MANAGEMENT  AND  POLICYMAKING  PARTICIPATION  IN  SPECIFIC
ASPECTS OF THE PROGRAM.
  2. A TRAINING SUBSIDY, LIVING ALLOWANCE, OR STIPEND THAT SHALL  BE  NO
LESS  THAN MINIMUM WAGE MUST BE PROVIDED TO PROGRAM PARTICIPANTS FOR THE
TIME SPENT AT THE WORKSITE IN  CONSTRUCTION  TRAINING,  HEALTH  CARE  OR
INFORMATION  TECHNOLOGY  SERVICES.  FOR  THOSE  PARTICIPANTS WHO RECEIVE
PUBLIC ASSISTANCE, THIS TRAINING SUBSIDY, LIVING ALLOWANCE,  OR  STIPEND
SHALL  NOT  AFFECT  THEIR HOUSING BENEFITS, MEDICAL BENEFITS, CHILD CARE
BENEFITS OR FOOD STAMP BENEFITS. STIPENDS AND WAGES MAY  BE  DISTRIBUTED
IN A MANNER THAT OFFERS INCENTIVES FOR GOOD PERFORMANCE.
  A.  FULL  TIME  PARTICIPATION IN A YOUTHBUILD PROGRAM SHALL BE OFFERED
FOR A PERIOD OF NOT LESS THAN SIX MONTHS AND NOT MORE  THAN  TWENTY-FOUR
MONTHS.
  B.  A  CONCENTRATED  EFFORT,  FOR THOSE PARTICIPANTS WHO CHOOSE NOT TO
IMMEDIATELY ENROLL IN AN INSTITUTION OF HIGHER EDUCATION, SHALL BE  MADE
TO  FIND CONSTRUCTION, CONSTRUCTION-RELATED, AND NONCONSTRUCTION JOBS AS
WELL AS JOBS IN THE FIELDS OF HEALTHCARE AND TECHNOLOGY FOR  ALL  GRADU-
ATES  OF THE PROGRAM WHO HAVE PERFORMED WELL. THE WORK EXPERIENCE SKILLS
TRAINING CURRICULUM SHALL PROVIDE PARTICIPANTS  WITH  BASIC  PREPARATION
FOR  SEEKING  AND MAINTAINING A JOB. FOLLOW-UP COUNSELING AND ASSISTANCE
IN JOB-SEEKING SHALL ALSO BE PROVIDED TO  PARTICIPANTS  FOR  THE  TWELVE
MONTHS FOLLOWING GRADUATION FROM THE PROGRAM.
  C.  ALL PROGRAMS SERVING TWENTY-EIGHT TRAINEES OR MORE ARE REQUIRED TO
HAVE A FULL-TIME  DIRECTOR  RESPONSIBLE  FOR  THE  COORDINATION  OF  ALL
ASPECTS OF THE YOUTHBUILD PROGRAM.
  3. IMPLEMENTATION GRANTS MAY BE USED TO CARRY OUT THE ACTIVITIES LIST-
ED  IN  SUBDIVISIONS  ONE AND TWO OF THIS SECTION. OTHER ELIGIBLE ACTIV-
ITIES INCLUDE THE FOLLOWING:
  A. ADMINISTRATIVE COSTS OF THE APPLICANT UP TO FIFTEEN PERCENT OF  THE
AMOUNT OF ASSISTANCE PROVIDED.
  B.  DEFRAYING  COSTS FOR THE ONGOING TRAINING AND TECHNICAL ASSISTANCE
NEEDS OF THE RECIPIENT THAT ARE RELATED TO DEVELOPING AND CARRYING OUT A
YOUTHBUILD  PROGRAM  INCLUDING:  THE  COMMISSIONER  SHALL  RESERVE  FIVE
PERCENT  OF THE NEW YORK YOUTHBUILD PROGRAM APPROPRIATIONS TO ENTER INTO

S. 5919--B                          4

CONTRACT  WITH  YOUTHBUILD  USA,  INC.  TO  PROVIDE  ASSISTANCE  IN  THE
PROVISION OF TRAINING AND TECHNICAL ASSISTANCE TO, OR IN THE MANAGEMENT,
SUPERVISION AND COORDINATION OF, YOUTHBUILD PROGRAMS UNDER THIS SECTION.
  4.  ELIGIBLE  PARTICIPANTS  ARE  YOUTH BETWEEN THE AGES OF SIXTEEN AND
TWENTY-FOUR WHO ARE ECONOMICALLY DISADVANTAGED AS DEFINED IN  29  UNITED
STATES CODE 1503, AND WHO ARE PART OF ONE OF THE FOLLOWING GROUPS:
  A.  PERSONS  WHO  ARE NOT ATTENDING ANY SCHOOL AND HAVE NOT RECEIVED A
SECONDARY SCHOOL DIPLOMA OR ITS EQUIVALENT; OR
  B. PERSONS CURRENTLY ENROLLED IN A TRADITIONAL OR  ALTERNATIVE  SCHOOL
SETTING  OR A HSE/TASC (HIGH SCHOOL EQUIVALENCY/TEST ASSESSING SECONDARY
COMPLETION) PROGRAM AND WHO ARE IN DANGER OF DROPPING OUT OF SCHOOL; OR
  C. VERY LOW-INCOME PERSONS WHOSE INCOMES ARE AT  OR  LESS  THAN  FIFTY
PERCENT  OF  THE  AREA  MEDIAN INCOME AREA, ADJUSTED FOR FAMILY SIZE, AS
ESTIMATED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
  5. AN EXCEPTION MAY BE MADE FOR  INDIVIDUALS  NOT  MEETING  INCOME  OR
EDUCATIONAL  NEED REQUIREMENTS. NOT MORE THAN TWENTY-FIVE PERCENT OF THE
PARTICIPANTS IN SUCH PROGRAM MAY BE INDIVIDUALS  WHO  DO  NOT  MEET  THE
REQUIREMENTS  OF  SUBDIVISION  FOUR OF THIS SECTION, BUT WHO HAVE EDUCA-
TIONAL NEEDS DESPITE THE ATTAINMENT OF A HIGH SCHOOL DIPLOMA.
  6. PRIORITY IN THE AWARDING OF FUNDS UNDER THIS SECTION SHALL BE GIVEN
TO APPLICANTS WITH  EXPERIENCE  IN  OPERATING  YOUTHBUILD  PROGRAMS  AND
IMPLEMENTING THE YOUTHBUILD MODEL, INCLUDING BUT NOT LIMITED TO, HOUSING
CONSTRUCTION  SKILLS  TRAINING,  EDUCATION, LEADERSHIP DEVELOPMENT, LIFE
SKILLS TRAINING, AND COUNSELING SERVICES. PRIORITY SHALL ALSO  BE  GIVEN
TO THOSE WHO MEET THE PROGRAM STANDARDS OF YOUTHBUILD USA, INC.
  7.  ANY NOT-FOR-PROFIT PRIVATE AGENCIES, OR PUBLIC AGENCIES WITH EXPE-
RIENCE OPERATING A YOUTHBUILD PROGRAM OR  WITH  A  PLAN  TO  INCUBATE  A
YOUTHBUILD  PROGRAM  UNTIL  IT  CAN  BE  ESTABLISHED AS A NOT-FOR-PROFIT
PRIVATE AGENCY ARE ELIGIBLE ENTITIES. ONLY NOT-FOR-PROFIT PRIVATE  AGEN-
CIES  OR PUBLIC AGENCIES THAT ARE LICENSED AFFILIATES OF YOUTHBUILD USA,
INC. OR CURRENTLY RECEIVE A DEPARTMENT OF LABOR  YOUTHBUILD  AWARD,  ARE
ELIGIBLE  TO  USE  THE  TERM  YOUTHBUILD  OR ELIGIBLE TO APPLY FOR THESE
FUNDS.
  8. THE COMMISSIONER SHALL REQUIRE THAT AN APPLICATION  FOR  YOUTHBUILD
FUNDS UNDER THIS SECTION CONTAIN AT MINIMUM:
  A. A REQUEST FOR AN IMPLEMENTATION GRANT, SPECIFYING THE AMOUNT OF THE
GRANT REQUESTED AND ITS PROPOSED USES;
  B.  A  DESCRIPTION  OF THE APPLICANT AND A STATEMENT OF ITS QUALIFICA-
TIONS, INCLUDING  A  DESCRIPTION  OF  THE  APPLICANT'S  PAST  EXPERIENCE
RUNNING  A YOUTHBUILD PROGRAM, AND ITS EXPERIENCE WITH HOUSING REHABILI-
TATION OR CONSTRUCTION AND WITH YOUTH AND YOUTH EDUCATION, YOUTH LEADER-
SHIP DEVELOPMENT AND WORK EXPERIENCE SKILLS TRAINING PROGRAMS,  AND  ITS
RELATIONSHIP  WITH  LOCAL  UNIONS AND YOUTH APPRENTICESHIP PROGRAMS, AND
OTHER COMMUNITY GROUPS;
  C. A DESCRIPTION OF THE PROPOSED CONSTRUCTION SITE FOR THE PROGRAM AND
EVIDENCE OF SITE CONTROL;
  D. A DESCRIPTION OF THE EDUCATIONAL AND WORK EXPERIENCE SKILLS  TRAIN-
ING  ACTIVITIES,  WORK  OPPORTUNITIES,  AND OTHER SERVICES THAT SHALL BE
PROVIDED TO PARTICIPANTS;
  E. A DESCRIPTION OF THE PROPOSED CONSTRUCTION OR REHABILITATION ACTIV-
ITIES TO BE UNDERTAKEN AND THE ANTICIPATED  SCHEDULE  FOR  CARRYING  OUT
SUCH ACTIVITIES; AND A SIMILAR DESCRIPTION OF THE HEALTHCARE OR TECHNOL-
OGY  ACTIVITIES  IT  PROPOSES  IF  IT  INCLUDES  THESE ACTIVITIES IN ITS
PROGRAM;
  F. A DESCRIPTION OF THE MANNER  IN  WHICH  ELIGIBLE  YOUTHS  SHALL  BE
RECRUITED AND SELECTED, INCLUDING A DESCRIPTION OF THE ARRANGEMENTS THAT

S. 5919--B                          5

SHALL  BE  MADE  WITH  COMMUNITY-BASED  ORGANIZATIONS, LOCAL EDUCATIONAL
AGENCIES, INCLUDING AGENCIES OF NATIVE AMERICAN NATIONS, PUBLIC  ASSIST-
ANCE  AGENCIES,  THE  COURTS OF JURISDICTION FOR STATUS AND YOUTH OFFEN-
DERS,  SHELTERS  FOR  HOMELESS INDIVIDUALS AND OTHER AGENCIES THAT SERVE
HOMELESS YOUTH, FOSTER CARE AGENCIES, AND OTHER APPROPRIATE  PUBLIC  AND
PRIVATE AGENCIES;
  G.  A  DESCRIPTION  OF THE SPECIAL EFFORTS THAT SHALL BE UNDERTAKEN TO
RECRUIT ELIGIBLE YOUNG WOMEN (INCLUDING YOUNG WOMEN WITH DEPENDENT CHIL-
DREN) WITH APPROPRIATE SUPPORTS, ESPECIALLY CHILDCARE;
  H. A DESCRIPTION OF HOW THE PROPOSED PROGRAM SHALL BE COORDINATED WITH
OTHER FEDERAL, STATE, AND LOCAL ACTIVITIES AND ACTIVITIES  CONDUCTED  BY
NATIVE  AMERICAN  NATIONS,  INCLUDING  PUBLIC  SCHOOL, NATIONAL SERVICE,
CRIME PREVENTION PROGRAMS, VOCATIONAL,  ADULT  AND  BILINGUAL  EDUCATION
PROGRAMS AND JOB TRAINING;
  I.  ASSURANCES  THAT  THERE SHALL BE A SUFFICIENT NUMBER OF ADEQUATELY
TRAINED SUPERVISORY PERSONNEL AT ANY PROGRAM CONSTRUCTION SITE WHO  HAVE
ATTAINED THE LEVEL OF JOURNEYMAN OR ITS EQUIVALENT;
  J. A DESCRIPTION OF THE APPLICANT'S RELATIONSHIP WITH ANY LOCAL BUILD-
ING  TRADE  UNIONS  OR  AGENCIES  LICENSED  TO ISSUE INDUSTRY-RECOGNIZED
CERTIFICATIONS, WHICH MAY EXIST, REGARDING THEIR INVOLVEMENT  IN  TRAIN-
ING,  AND  THE  RELATIONSHIP  OF THE YOUTHBUILD PROGRAM WITH ESTABLISHED
APPRENTICESHIP PROGRAMS;
  K. A DESCRIPTION OF ACTIVITIES THAT SHALL BE UNDERTAKEN TO DEVELOP THE
LEADERSHIP SKILLS OF PARTICIPANTS, INCLUDING THEIR ROLE IN DECISION-MAK-
ING;
  L. A DETAILED BUDGET  AND  A  DESCRIPTION  OF  THE  SYSTEM  OF  FISCAL
CONTROLS  AND  AUDITING AND ACCOUNTABILITY PROCEDURES THAT SHALL BE USED
TO ENSURE FISCAL SOUNDNESS;
  M. A DESCRIPTION  OF  ANY  CONTRACTS  AND  ARRANGEMENTS  ENTERED  INTO
BETWEEN  THE  APPLICANT  AND  OTHER  AGENCIES AND ENTITIES INCLUDING ALL
IN-KIND DONATIONS AND GRANTS FROM BOTH PUBLIC AND PRIVATE ENTITIES  THAT
SHALL SERVE TO AUGMENT NEW YORK YOUTHBUILD ACT PROGRAM FUNDS;
  N. IDENTIFICATION AND DESCRIPTION OF THE FINANCING PROPOSED FOR ANY:
  (1) ACQUISITION OF THE PROPERTY;
  (2) REHABILITATION; OR
  (3) CONSTRUCTION;
  O. IDENTIFICATION AND DESCRIPTION OF THE ENTITY THAT SHALL OPERATE AND
MANAGE THE PROPERTY;
  P.  A  CERTIFICATION THAT THE APPLICANT SHALL COMPLY WITH THE REQUIRE-
MENTS OF THE FAIR HOUSING ACT, TITLE VI OF THE CIVIL RIGHTS ACT OF 1964,
SECTION 504 OF THE REHABILITATION ACT OF 1973,  AND  THE  AGE  DISCRIMI-
NATION ACT OF 1975, AND SHALL AFFIRMATIVELY FURTHER FAIR HOUSING; AND
  Q. THE QUALIFICATIONS AND PAST EXPERIENCE OF THE PERSON WHO SHALL FILL
THE FULL-TIME PROGRAM DIRECTOR POSITION.
  9.  FOR  THE  PURPOSES OF THIS SECTION, THE TERM "YOUTHBUILD" SHALL BE
DEFINED AS ORGANIZATIONS THAT HAVE OPERATED YOUTHBUILD PROGRAMS LICENSED
BY YOUTHBUILD USA, INC. OR ORGANIZATIONS THAT CURRENTLY RECEIVE  FEDERAL
DEPARTMENT OF LABOR YOUTHBUILD FUNDING.
  S  4.  The  sum of twenty million dollars ($20,000,000) per year for a
period of three years, or so much thereof as may be necessary, is hereby
appropriated to the education department from any moneys  in  the  state
treasury  in  the  general  fund  to  the credit of the local assistance
account not otherwise appropriated for  services  and  expenses  of  the
education  department and any other appropriate agency or department for
the purposes of implementing the programs authorized  by  the  New  York
state  YouthBuild  act.    Such  sum  shall  be payable on the audit and

S. 5919--B                          6

warrant of the state comptroller on vouchers certified  or  approved  by
the  commissioner  of education, or his or her duly designated represen-
tative, as provided in section 4608 of the education law and established
in this act.
  S  5.  This  act  shall  take  effect on the fifteenth of January next
succeeding the date on which it shall have become a law.

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