Senate Bill S8902

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8902
 
                             I N  S E N A T E
 
                              March 26, 2024
                                ___________
 
 Introduced by Sen. OBERACKER -- 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 establishing interre-
   gional enrollment of students in multiple school districts  (Part  A);
   and  to amend the education law, in relation to the provision of coop-
   erative and individualized educational services for students  who  are
   enrolled in multiple school districts (Part B)
 
   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 "EmpowerED Act: Empowering students and enhancing educational oppor-
 tunities in New York".
   §  2. Legislative findings and intent. According to the Census Bureau,
 New York consistently allocates the highest per-student  expenditure  in
 the  nation. However, despite this significant investment, a substantial
 number of our students are performing at or slightly below the  national
 average  in  state  assessments.  It  is  imperative  that we prioritize
 providing our students with every available opportunity to  raise  these
 educational  standards.  To  truly empower our education system, we must
 enable school districts and students to embrace  innovative  educational
 approaches  that  go  beyond traditional norms. Students should have the
 freedom to choose educational opportunities that best suit  their  indi-
 vidual needs and aspirations. The "EmpowerED Act" aims to strengthen New
 York's  education  system  by  granting  students  the ability to access
 classes in any educational setting, be it a neighboring school  district
 or  through  remote learning. Furthermore, it expands itinerant teaching
 services that BOCES programs offer to allow individual schools  to  more
 efficiently  allocate  resources  according to the unique needs of their
 own district. This legislation will  provide  vital  support  to  foster
 collaboration  among  districts,  benefiting  students and improving the
 overall  education  system  in  New  York,  while  empowering  students,
 parents, and educators to shape their educational journey.
   §  3.  This act enacts into law major components of legislation neces-
 sary  to  implement  the  "EmpowerED  Act".  Each  component  is  wholly
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11892-01-3
 S. 8902                             2
 
 contained  within  a Part identified as Parts A through B. The effective
 date for each particular provision contained within  such  Part  is  set
 forth  in  the  last  section of such Part. Any provision in any section
 contained within a Part, including the effective date of the Part, which
 makes  a  reference  to a section "of this act", when used in connection
 with that particular component, shall be deemed to mean and refer to the
 corresponding section of the Part in which it is found. Section five  of
 this act sets forth the general effective date of this act.
 
                                  PART A
 
   Section  1.  Section  3202 of the education law is amended by adding a
 new subdivision 9 to read as follows:
   9. INTERREGIONAL STUDENT ENROLLMENT. A. (I)  NOTWITHSTANDING  SUBDIVI-
 SION  TWO OF THIS SECTION OR ANY OTHER LAW TO THE CONTRARY, NONRESIDENTS
 OF A DISTRICT MAY BE ADMITTED INTO THE SCHOOL OR SCHOOLS OF  A  DISTRICT
 OR  CITY,  UPON THE CONSENT OF THE TRUSTEES OR THE BOARD OF EDUCATION AS
 PART OF AN INTERREGIONAL STUDENT ENROLLMENT PROGRAM. THE TRUSTEES OR THE
 BOARD OF EDUCATION SHALL ESTABLISH AN OPEN ENROLLMENT APPLICATION  PROC-
 ESS,  DURING  WHICH  NONRESIDENT STUDENTS CAN ACCESS SUCH APPLICATION TO
 APPLY FOR ENROLLMENT IN OFFERED CLASSES WHETHER THE STUDENT IS PART-TIME
 OR FULL-TIME. AS USED IN THIS SUBPARAGRAPH, THE TERM  "PART-TIME"  SHALL
 MEAN  A  NONRESIDENT  STUDENT ENROLLED IN A SET OF CLASSES, WHETHER SUCH
 CLASSES ARE IN-PERSON OR VIA DISTANCE LEARNING, THAT ARE  OFFERED  BY  A
 SCHOOL  DISTRICT  WHERE SUCH STUDENT DOES NOT RESIDE, AND WHO ALSO TAKES
 CLASSES IN THE SCHOOL DISTRICT WHERE SUCH STUDENT RESIDES.
   (II) PARTICIPATING DISTRICTS SHALL PROVIDE TRANSPORTATION, AS MANDATED
 BY THE INDIVIDUALIZED EDUCATION PROGRAM OF A STUDENT WITH A  DISABILITY,
 TO THE LOCATION NECESSARY TO RECEIVE REQUIRED SERVICES SPECIFIED IN SUCH
 PROGRAM.
   B.  THE SCHOOL DISTRICT OF A NONRESIDENT STUDENT SHALL BE SUBJECT TO A
 MAXIMUM TUITION AS DETERMINED BY THE COMMISSIONER. THE  MAXIMUM  TUITION
 SHALL  VARY  BASED  ON  THE  NUMBER  OF CLASSES TAKEN BY THE STUDENT AND
 WHETHER SUCH STUDENT IS PART-TIME  OR  FULL-TIME.  THE  MAXIMUM  TUITION
 RATES  SHALL BE SET REGIONALLY TO ACCOUNT FOR COST VARIATIONS AND ENSURE
 FAIRNESS ACROSS PARTICIPATING SCHOOL DISTRICTS.
   C. NONRESIDENT STUDENTS SEEKING ENROLLMENT SHALL  SUBMIT  APPLICATIONS
 DURING  THE  OPEN  ENROLLMENT WINDOW, AS DETERMINED BY THE PARTICIPATING
 SCHOOL DISTRICTS. THE APPLICATION PROCESS SHALL BE  FACILITATED  BY  THE
 SCHOOL  DISTRICTS,  ENSURING ACCESSIBILITY AND FAIRNESS. ELIGIBILITY FOR
 ENROLLMENT SHALL BE BASED ON  FACTORS,  INCLUDING  BUT  NOT  LIMITED  TO
 AVAILABLE  SPACE,  ACADEMIC  PERFORMANCE,  AND THE NEEDS OF THE STUDENT.
 PRIORITY SHALL BE GIVEN TO STUDENTS WHO WOULD BENEFIT  FROM  SPECIALIZED
 PROGRAMS OR SERVICES NOT AVAILABLE IN THEIR RESIDENT DISTRICT.
   D.  PARTICIPATING SCHOOL DISTRICTS SHALL COLLABORATE TO ENSURE A SEAM-
 LESS TRANSFER OF STUDENT RECORDS, INCLUDING ACADEMIC TRANSCRIPTS, HEALTH
 RECORDS, AND OTHER RELEVANT DOCUMENTATION NECESSARY FOR  SUCH  STUDENT'S
 EDUCATIONAL  CONTINUITY.  SCHOOL  DISTRICTS  SHALL  PROVIDE  NONRESIDENT
 STUDENTS WITH ACCESS TO APPROPRIATE EDUCATIONAL PROGRAMS, RESOURCES, AND
 SUPPORT SERVICES, ON PAR WITH THOSE PROVIDED TO RESIDENT STUDENTS.
   § 2. This act shall take effect immediately.

                                  PART B
 S. 8902                             3
 
   Section 1. Subparagraph 3 of paragraph bb of subdivision 4 of  section
 1950  of the education law, as amended by section 2 of part A of chapter
 60 of the laws of 2000, is amended to read as follows:
   (3)  Such  programs and services may include, but shall not be limited
 to (a) expansion of itinerant teaching services in ANY COURSES OF  STUDY
 REQUIRED  UNDER  SUBDIVISION THREE OF SECTION THIRTY-TWO HUNDRED FOUR OF
 THIS CHAPTER OR advanced academic  subject  courses,  PROVIDED  THAT  NO
 LIMITATION  SHALL  EXIST  THAT  RESTRICTS OR CONFINES THE LENGTH OF TIME
 THAT AN  ITINERANT  TEACHER  IS  AUTHORIZED  TO  PROVIDE  SUCH  TEACHING
 SERVICES  PURSUANT  TO  THIS PARAGRAPH; (b) academic course offerings at
 regular board of cooperative educational services centers or  at  leased
 sites  during  the school year or summer school periods, as requested by
 component districts; (c) block scheduling to enable students  to  attend
 classes  at  a  board  of cooperative educational services center for an
 entire school day; (d) satellite offerings of specific concentrations or
 specializations sponsored by boards of cooperative educational  services
 at  local schools, with cross-contracting for services; (e) expanded use
 of interactive television  and  other  technologies  to  offer  academic
 courses  on  site  or at component school districts; and (f) programs of
 academic intervention services approved by the commissioner designed  to
 fulfill  the  academic  intervention services requirement imposed by the
 regulations  of  the  commissioner,  provided  that  in  approving  such
 programs and services for the two thousand--two thousand one school year
 or thereafter, the commissioner shall assure that the program or service
 results  in  a cost savings to all participating districts, disregarding
 any aid pursuant to subdivision five of this section.
   § 2. This act shall take effect immediately.
   § 4.  Severability clause. If any clause, sentence, paragraph,  subdi-
 vision,  section  or  part of this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  applicable effective date of Parts A through B of this act shall be
 as specifically set forth in the last section of such Parts.