S T A T E O F N E W Y O R K
________________________________________________________________________
13
2017-2018 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 4, 2017
___________
Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. AUBRY,
COOK, CYMBROWITZ, ENGLEBRIGHT, FARRELL, GANTT, GOTTFRIED, JAFFEE,
KAVANAGH, LUPARDO, MAGNARELLI, ORTIZ, PEOPLES-STOKES, RIVERA, RODRI-
GUEZ, SKARTADOS, TITUS -- read once and referred to the Committee on
Education
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".
§ 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.
LBD01328-01-7
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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.
§ 3. The education law is amended by adding a new section 4608 to read
as follows:
§ 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
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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
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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
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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.
§ 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
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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.
§ 5. This act shall take effect on the fifteenth of January next
succeeding the date on which it shall have become a law.