BILL NUMBER: S7101

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the education law, in relation to the issuance of diplo-
mas to youth who are placed, committed, supervised, detained or confined
in certain facilities

 
PURPOSE OF THE BILL:

The purpose of the bill is to ensure that individuals who participate in
an educational program and complete the New York state diploma require-
ments while placed, committed, supervised, detained or confined in
certain facilities receive a diploma from the school district of
location where such facility is located.

 
SUMMARY OF THE PROVISIONS OF THE BILL:

Section 1 of the bill adds a new section 112-a to the Education Law to
provide that a person under the age of 21 who has not received a high
school diploma and who is placed with, committed, under the supervision
              

of, detained, or otherwise confined in any facility operated by a state
department or agency or political subdivision which provides educational
programs pursuant to Education Law § 112 or who is confined in a correc-
tional facility operated by the Department of Corrections and Community
Supervision (DOCCS), and who participates in an educational program
provided by such facility, shall be issued a high school diploma by the
school district of location when such school district has determined
that such person has completed the minimum New York State diploma
requirements. The new section 112-a also defines the term "school
district of location" as the school district in which the facility where
such youth is placed, committed, supervised, detained, or confined is
located.

Section 2 is the effective date.

 
STATEMENT IN SUPPORT OF THE BILL:

Research has documented that many of the adolescents who commit crimes
and enter the juvenile justice system possess significantly less academ-
ic credits than most students their age, some reading only at the
elementary level. A recent study indicated that one-third of incarcerat-
ed youth required or received special education services, a rate nearly
four times higher than non-incarcerated youth. Engaging youth in their
education and future is essential to changing their trajectory and to
reducing recidivism.

However, there are significant barriers to ensuring students receive
credit for their educational achievements in justice system educational
programs, such as awarding a diploma when a student has completed gradu-
ation requirements while confined. Because the educational programs in
justice system facilities are not registered high schools, they cannot
issue diplomas to students who have completed the graduation require-
ments while enrolled in the program.  In some instances, students' "home
school" districts have been unwilling to issue diplomas because the
students have not attended those schools in years. This bill would
prevent such refusals by requiring that school districts in which juve-
nile justice or DOCCS facilities are located issue diplomas for students
who meet graduation requirements while placed, committed, supervised,
detained, or confined in such facility.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
EFFECTIVE DATE:
This act would take effect immediately.