senate Bill S2064

2013-2014 Legislative Session

Relates to alternative institutional support programs for school districts

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Apr 30, 2013 reported and committed to finance
Jan 10, 2013 referred to education

Votes

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Apr 30, 2013 - Education committee Vote

S2064
15
1
committee
15
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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S2064 - Bill Details

See Assembly Version of this Bill:
A2488
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3641, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7144, A10366
2009-2010: S6927

S2064 - Bill Texts

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Relates to experimental alternative institutional support programs for school districts.

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BILL NUMBER:S2064

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

PURPOSE: To allow school districts to contract with approved
alternative institutional support services programs to at-risk
students who may benefit from such programs.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new Education Law § 3641(16). Under this
new subdivision, part (a) provides that public school districts shall
be authorized to contract with alternative institutional support
services programs to provide instruction and support services to both
special and non-special education students who are at-risk. Part (b)
provides that the contracting school district shall provide payment to
the alternative institutional support services program for the actual
cost of the services and shall include administrative, instructional,
operating and support services proportionate to that students
attendance. Students who attend the program shall continue to be
counted by the district of residence for purposes of determining
federal and state aid.

Part (c) of this subdivision allows school districts to 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.

Lastly, part (e) of this subdivision requires the Commissioner of
Education to process applications for and maintain a list of approved
alternative institutional support services programs. This provision
also sets forth provisions for the approval of alternative
institutional support services programs.

Section 2 of the bill provides for an 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 New York's educational system: Students
both with and without disabilities who are (1) at-risk of dropping out
of school, (2) in danger of academic failure, (3) excessively truant,
(4) school phobic, (5) peer relationship challenged, (6) have engaged
in certain disciplinary situations or (7) 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, served at
risk students for over 40 years while consistently demonstrating
success for at-risk students who would otherwise be on the cusp of
dropping out of school or being placed in a residential setting.
Despite the fact that EAC provided 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.

These program models 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.

Despite EAC's long success and the school district's support, the
programs ceased operation in June 2011, due to the lack of legislative
authority enabling 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: 2012: S.7144 passed Senate

FISCAL IMPLICATIONS: No new costs.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  2064

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to  alternative  institu-
  tional support programs

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

  Section 1. Section 3641 of the education law is amended  by  adding  a
new subdivision 16 to read as follows:
  16.  ALTERNATIVE INSTITUTIONAL SUPPORT AID. A.  BOARDS OF EDUCATION OF
CITY, COMMON, UNION FREE AND CENTRAL SCHOOL DISTRICTS SHALL  BE  AUTHOR-
IZED   TO  CONTRACT  WITH  APPROVED  ALTERNATIVE  INSTITUTIONAL  SUPPORT
SERVICES PROGRAMS TO  PROVIDE  INSTRUCTIONAL  AND  SUPPORT  SERVICES  TO
SPECIAL  EDUCATION  AND/OR NON-SPECIAL EDUCATION STUDENTS WHO ARE DEEMED
BY THE DISTRICT TO BE AT-RISK.
  B. PAYMENT PURSUANT TO SUCH CONTRACT SHALL BE FROM THE DISTRICT TO THE
APPROVED ALTERNATIVE INSTITUTIONAL  SUPPORT  SERVICES  PROGRAM  FOR  THE
ACTUAL  COST  OF THE APPROVED ALTERNATIVE INSTITUTIONAL SUPPORT SERVICES
PROGRAM'S PROVISION OF SERVICES AND INCLUDE  COSTS  FOR  ADMINISTRATIVE,
INSTRUCTIONAL,  OPERATING AND SUPPORT SERVICES EXPENSES PROPORTIONATE TO
THE STUDENT'S  ATTENDANCE  IN  THE  PROGRAM.  STUDENTS  WHO  ATTEND  THE
APPROVED   ALTERNATIVE  INSTITUTIONAL  SUPPORT  SERVICES  PROGRAM  SHALL
CONTINUE TO BE COUNTED BY THE DISTRICT  OF  RESIDENCE  FOR  PURPOSES  OF
DETERMINING  FEDERAL  AND STATE AID TO THE DISTRICT RELATIVE TO STUDENTS
WITH AND WITHOUT DISABILITIES.
  C. DISTRICTS MAY ALSO CONTRACT WITH AN APPROVED  ALTERNATIVE  INSTITU-
TIONAL  SUPPORT  SERVICES  PROGRAM  TO  SERVE  AS AN INTERIM ALTERNATIVE
EDUCATIONAL SETTING, AS DEFINED BY THE FEDERAL INDIVIDUALS WITH DISABIL-
ITIES EDUCATION IMPROVEMENT ACT AND CONCURRENT STATE LAW. A DISTRICT MAY
CONTRACT WITH THE APPROVED ALTERNATIVE  INSTITUTIONAL  SUPPORT  SERVICES
PROGRAM FOR SERVICES AS AN INTERIM ALTERNATIVE EDUCATIONAL SETTING WHEN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02632-01-3

S. 2064                             2

EVER  A  STUDENT  IS ELIGIBLE FOR SUCH PLACEMENT IN ACCORDANCE WITH LAW,
SUCH AS IN CERTAIN DISCIPLINARY CONTEXTS.
  D. THE DISTRICT SHALL COMPENSATE AN APPROVED ALTERNATIVE INSTITUTIONAL
SUPPORT  SERVICES  PROGRAM  SERVING  AS AN INTERIM ALTERNATIVE EDUCATION
SETTING ON AN ACTUAL COST BASIS.
  E. THE COMMISSIONER SHALL PROCESS APPLICATIONS FOR AND MAINTAIN A LIST
OF APPROVED ALTERNATIVE  INSTITUTIONAL  SUPPORT  SERVICES  PROGRAMS.  AN
ALTERNATIVE  INSTITUTIONAL SUPPORT SERVICES PROGRAM SHALL BE APPROVED IF
IT IS A NOT-FOR-PROFIT, NON-SECTARIAN EDUCATIONAL PROGRAM THAT  UTILIZES
CERTIFIED  PERSONNEL  AND  HAS  DEMONSTRATED  A  MINIMUM OF TEN YEARS OF
IMPROVED STUDENT PERFORMANCE FOR AT-RISK STUDENTS.
  S 2. This act shall take effect immediately.

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