BILL NUMBER: S9336

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to establish a juvenile justice education task force to address
effective coordination and programmatic coherence in the provision of
educational opportunities and services to certain students; and provid-
ing for the repeal of such provisions upon expiration thereof

 
PURPOSE OF THE BILL:

The purpose of the bill is to establish a task force to study and devel-
op recommendations for the improvement of educational programming across
the spectrum of juvenile justice confinement settings and the educa-
tional transition of youth post-confinement.  The task force will report
their recommendations to the Board of Regents, the Governor, and the
legislature by December 31, 2022.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill sets forth legislative findings and declarations.
              

Section 2 of the bill establishes a task force on juvenile justice
education to study and develop recommendations for the improvement of
educational programming across the spectrum of juvenile justice confine-
ment settings and the educational transition of youth post-confinement.
The bill requires the task force to be comprised of 14 members, which
shall include the commissioner of education or his or her designee, who
shall serve as the chair of the task force, four members appointed by
the Commissioner of Education, five members appointed by the Governor,
two members appointed upon recommendation of the Temporary President of
the Senate, and two members appointed upon recommendation of the Speaker
of the Assembly.

Section 3 of the bill directs the task force to study and provide recom-
mendations on: (1) the provision of educational opportunities and
services to students in juvenile justice settings; (2) the creation of a
statewide entity to provide or oversee such educational opportunities
and services; (3) oversight of the provision of educational services by
the education department and the office of children and family services;
(4) access to federal and state funding mechanisms; (5) access to
career, occupational, certificate, licensure and technical courses; (6)
access to literacy and English language learner services; (7) access to
special education services; (8) access to programs leading to a high
school diploma or a high school equivalency diploma; (9) access to make
up credit programs; (10) access to programs and services through the
education department's office of adult career and continuing education
services - vocational rehabilitation and board of cooperative educa-
tional services; (10) access to student records; (11) appropriate
accountability measures; and (12) educational transition services
provided to students returning to the community after placement or
confinement. Additionally, such section requires the task force to
submit a final report of its recommendations, including any legislative
recommendations, to the Board of Regents, the governor, the Temporary
President of the Senate, the Speaker of the Assembly and the Chairs of
education committees in the Senate and Assembly by December 31, 2022.


Section 4 of the bill provides that, subject to appropriation, the task
force may contract with consultants, including institutions of higher
education and independent research organizations, to assist the task
force in the performance of its duties.

Section 5 is the effective date.

 
STATEMENT IN SUPPORT OF THE BILL:

Research has documented that a significant number of the adolescents who
are alleged to or have been found to have committed crimes and enter the
juvenile justice system are significantly over age and under credited,
some reading only at the elementary age level. Most youths enter
detention and placement facilities with a range of intense educational,
mental health, and social needs. Many are already disengaged from
school, having dropped out or been chronically absent. Additional barri-
ers to educational services provided in in these settings can include
challenges to physical space, insufficient funding, inadequate time for
classes, and the lack of incorporation of research-based instructional
and behavioral approaches.

At the present time, there is a significant lack of effective coordi-
nation and programmatic coherence in the provision of educational oppor-
tunities and services to students in juvenile justice settings. When
youth must be confined, detention and placement settings provide an
opportunity to re-engage them in their education and future and to reset
their trajectory. These programs must plan for and support youth reentry
to the community, including working with the student's school of reentry
to ensure credits are granted for work accomplished while in confinement
and re-enrollment in school in the community.

Educational programs provided in New York's juvenile justice settings
have struggled to recruit and retain New York State certified teachers;
provide access to all core academic courses required to obtain a New
York State Regents Diploma; and design quality, culturally and linguis-
tically responsive and engaging instruction to meet the extensive, crit-
ical needs of this consistently shifting student population. Lack of
access to state and federal education funds for core educational
services, delayed access to students' records, rolling admissions and
discharges, as well as barriers to re-enrollment, and providing supports
to students as they transition back to public and nonpublic schools have
contributed to this situation.

Incarcerated youth funds were originally intended to support students
between the ages of 16 and 21 in county jails. Since implementation of
New York's "raise the age law" pursuant to part WWW of chapter 59 of the
laws of 2017, incarcerated youth funds for jails have declined, as 16-
and 17-year-old students are placed in detention and other settings
which are ineligible for incarcerated youth funding.  This makes it
difficult to sustain staffing and educational programming for incarcer-
ated 18- to 21-year-old students, who are still entitled to an educa-
tion.

Research makes clear that engaging youth in the juvenile justice system
in their education and future is key to reducing recidivism.  Youth who
achieve higher levels of educational achievement while confined are more
likely to return to school and earn a diploma after release.

In light of the above, this bill is necessary to establish a temporary
task force to review and study the needs of educational programming
across the spectrum of juvenile justice confinement settings as well as
the educational transition of youth post-confinement. The task force
will then identify actional recommendations for the improvement of the
education provided to youth in juvenile justice settings and make such
recommendations to the Board of Regents, the Governor, and the Legisla-
ture by December 31, 2022.

 
BUDGETARY IMPLICATIONS OF THE BILL:

The bill requires that the task force members receive their actual and
necessary expenses incurred in the performance of their duties, provided
that the task force shall be authorized to conduct meetings in a manner
that minimizes travel and costs as determined by the Commissioner. Addi-
tionally, the bill provides that, subject to appropriation, the task
force may contract with consultants, including institutions of higher
education and independent research organizations, to assist the task
force in the performance of its duties and the State Education Depart-
ment has requested one additional staff support person to implement the
bill.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on the sixtieth day after the task force on juvenile justice
education shall have submitted the report required by section three of
this act; provided that the commissioner of education shall notify the
legislative bill drafting commission upon filing the report required in
section three of this act in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law.