Assembly Bill A8055

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8055
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the military law and the education law, in  relation  to
   the identification of military connected youth
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The military law is amended by adding a new section 19-b to
 read as follows:
   § 19-B. MILITARY EDUCATION  COORDINATOR.  THE  TRUSTEES  OR  BOARD  OF
 EDUCATION OF EVERY SCHOOL DISTRICT WITH TWENTY OR MORE ENROLLED STUDENTS
 WHO ARE MILITARY CONNECTED YOUTH AS DEFINED IN THIS CHAPTER SHALL INCOR-
 PORATE  INTO  THE  POLICIES  OF  THE  DISTRICT  SPECIFIC PROCEDURES THAT
 OUTLINE ACTIONS TO TAKE IN SUPPORT OF STUDENTS WHO ARE THE  CHILDREN  OF
 MILITARY  FAMILIES  WHO  TRANSITION TO AND FROM THE SCHOOL DISTRICT, AND
 DESIGNATE A MILITARY EDUCATION COORDINATOR TO SERVE AS THE PRIMARY POINT
 OF CONTACT FOR EACH CHILD OF A MILITARY FAMILY AND HIS OR HER PARENT  OR
 LEGAL  GUARDIAN,  WHO  SHALL  HAVE  SPECIALIZED  KNOWLEDGE REGARDING THE
 EDUCATIONAL NEEDS OF CHILDREN OF MILITARY  FAMILIES  AND  THE  OBSTACLES
 THAT  CHILDREN  OF MILITARY FAMILIES FACE IN OBTAINING AN EDUCATION. THE
 ADJUTANT GENERAL SHALL SUPPLY RELEVANT RESOURCES FOR THE ORIENTATION AND
 TRAINING OF PUBLIC SCHOOL MILITARY  EDUCATION  COORDINATORS  UNDER  THIS
 SECTION.
   § 2. The military law is amended by adding a new article 14 to read as
 follows:
                                 ARTICLE XIV
                       CHILDREN OF MILITARY FAMILIES
 SECTION 400. DEFINITIONS.
         401. MILITARY CONNECTED YOUTH.
         402. EQUAL RIGHTS AND EDUCATIONAL OPPORTUNITY.
         403. MILITARY  CHILDREN  OF A PARENT SERVING IN A RESERVE COMPO-
                NENT OR THE MILITIA OF THE STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03596-05-1

 A. 8055                             2
 
   § 400. DEFINITIONS. AS  USED  IN  THIS  ARTICLE,  THE  TERM  "MILITARY
 CONNECTED  YOUTH" SHALL MEAN (A) A MILITARY-CONNECTED STUDENT AS DEFINED
 IN THE EVERY STUDENT SUCCEEDS ACT OF 2015, 20 U.S.C.A. § 1005; OR (B)  A
 PERSON  UNDER  THE  AGE  OF EIGHTEEN, HAVING AN IMMEDIATE FAMILY MEMBER,
 INCLUDING A PARENT, STEP-PARENT, SIBLING OR ANY OTHER PERSON RESIDING IN
 THE  SAME  HOUSEHOLD,  WHO  IS ON ACTIVE DUTY IN; SERVING IN THE RESERVE
 COMPONENT; SERVING IN  ORGANIZED  MILITIA  OF  THE  STATE;  OR  RECENTLY
 RETIRED  FROM  THE (I) UNITED STATES ARMY; (II) UNITED STATES AIR FORCE;
 (III) UNITED STATES MARINE CORPS; (IV) UNITED STATES  NAVY;  (V)  UNITED
 STATES  SPACE  FORCE;  (VI)  NATIONAL  GUARD;  (VII) UNITED STATES COAST
 GUARD; (VIII) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION;  OR  (IX)
 UNITED STATES PUBLIC HEALTH SERVICE.
   §  401.  MILITARY  CONNECTED YOUTH. THE ADJUTANT GENERAL OR HIS OR HER
 DESIGNEE SHALL, IN CONSULTATION WITH THE  COMPACT  COMMISSIONER  OF  THE
 INTERSTATE  COMPACT  ON  EDUCATIONAL  OPPORTUNITY  FOR MILITARY CHILDREN
 ADOPTED UNDER ARTICLE SIXTY-SIX OF THE EDUCATION LAW, AND THE  BOARD  OF
 REGENTS,  DEVELOP  A PROCESS FOR SCHOOL DISTRICTS AND CHARTER SCHOOLS TO
 ANNUALLY IDENTIFY ENROLLED STUDENTS WHO ARE  MILITARY  CONNECTED  YOUTH.
 THE IDENTIFICATION OF A MILITARY CONNECTED YOUTH SHALL NOT BE CONSIDERED
 A  PUBLIC  RECORD  AND SHALL NOT BE MADE PUBLIC BY ANY PERSON, EXCEPT AS
 PERMITTED UNDER THE PROVISIONS OF  THE  FAMILY  EDUCATIONAL  RIGHTS  AND
 PRIVACY ACT OF 1974, 20 U.S.C. § 1232G. ET SEQ. THE BOARD OF REGENTS MAY
 PROMULGATE  RULES  AND  REGULATIONS  TO  EFFECTUATE THE PURPOSES OF THIS
 SECTION.
   § 402. EQUAL RIGHTS AND EDUCATIONAL OPPORTUNITY.  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW, MILITARY CONNECTED YOUTH SHALL HAVE EQUITABLE
 ACCESS TO ACADEMIC COURSES AND PROGRAMS AND TO EXTRACURRICULAR ACADEMIC,
 ATHLETIC, AND SOCIAL PROGRAMS.
   § 403. MILITARY CHILDREN OF A PARENT SERVING IN A RESERVE COMPONENT OR
 THE MILITIA OF THE STATE. IN CONSULTATION WITH THE ADJUTANT GENERAL  AND
 THE COMPACT COMMISSIONER OF THE INTERSTATE COMPACT ON EDUCATIONAL OPPOR-
 TUNITY  FOR  MILITARY  CHILDREN  ADOPTED  UNDER ARTICLE SIXTY-SIX OF THE
 EDUCATION LAW, THE BOARD OF REGENTS MAY FROM  TIME  TO  TIME  PROMULGATE
 SUCH  RULES  AND  REGULATIONS  AS  MAY  BE NEEDED TO EXTEND BENEFITS AND
 PROVISIONS SIMILAR TO THOSE SET FORTH FOR MILITARY-CONNECTED STUDENTS AS
 DEFINED IN THE EVERY STUDENT SUCCEEDS ACT  OF  2015  BY  THE  INTERSTATE
 COMPACT  ON  EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN, TO ALL MILI-
 TARY CONNECTED YOUTH, IN ORDER TO REMOVE BARRIERS TO EDUCATIONAL SUCCESS
 THAT MAY BE EXPERIENCED BY CHILDREN OF MILITARY FAMILIES DUE TO FREQUENT
 MOVES AND DEPLOYMENT OF THEIR PARENTS, BY SUCH MEANS INCLUDING, BUT  NOT
 LIMITED TO:
   1.  FACILITATING THE TIMELY ENROLLMENT OF MILITARY CONNECTED YOUTH AND
 ENSURING THEY ARE NOT PLACED AT A DISADVANTAGE DUE TO DIFFICULTY IN  THE
 TRANSFER OF EDUCATION RECORDS FROM A PREVIOUS PUBLIC SCHOOL, INCLUDING A
 PUBLIC SCHOOL IN ANOTHER STATE;
   2.  FACILITATING  THE  STUDENT PLACEMENT PROCESS SO MILITARY CONNECTED
 YOUTH ARE NOT DISADVANTAGED BY VARIATIONS  IN  ATTENDANCE  REQUIREMENTS,
 SCHEDULING, LESSON SEQUENCING, GRADING, COURSE CONTENT, AND ASSESSMENT;
   3.  FACILITATING  THE  QUALIFICATION  AND  ELIGIBILITY FOR ENROLLMENT,
 EDUCATIONAL PROGRAMS, AND PARTICIPATION IN EXTRACURRICULAR ACTIVITIES BY
 MILITARY CONNECTED YOUTH;
   4. FACILITATING THE ON-TIME GRADUATION OF MILITARY CONNECTED YOUTH;
   5. PROVIDING FOR THE UNIFORM COLLECTION  AND  SHARING  OF  INFORMATION
 REGARDING  MILITARY  CONNECTED  YOUTH  BETWEEN  AND  AMONG PUBLIC SCHOOL
 DISTRICTS; AND

 A. 8055                             3
 
   6. PROMOTING  FLEXIBILITY  AND  COOPERATION  BETWEEN  THE  EDUCATIONAL
 SYSTEM,  PARENTS  AND  LEGAL GUARDIANS, AND STUDENTS IN ORDER TO ACHIEVE
 EDUCATIONAL SUCCESS FOR MILITARY CONNECTED YOUTH.
   § 3. The education law is amended by adding a new section 3245 to read
 as follows:
   § 3245. MILITARY STUDENT CENSUS. THE TRUSTEES OR BOARD OF EDUCATION OF
 EVERY  SCHOOL  DISTRICT  SHALL DETERMINE WHETHER A STUDENT'S PARENT IS A
 MEMBER OF:
   (A) THE ARMED FORCES OF THE UNITED STATES WHO IS ON ACTIVE DUTY;
   (B) THE RESERVE COMPONENT OF A BRANCH  OF  THE  ARMED  FORCES  OF  THE
 UNITED STATES; OR
   (C) THE NATIONAL GUARD.
   §  4.  This  act  shall take effect immediately and shall apply to the
 2023--2024 school year and all school years commencing thereafter.