S T A T E O F N E W Y O R K ________________________________________________________________________ 5220 2011-2012 Regular Sessions I N A S S E M B L Y February 14, 2011 ___________ Introduced by M. of A. MENG, PHEFFER, N. RIVERA -- Multi-Sponsored by -- M. of A. ABBATE, BRENNAN, WEISENBERG -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to establishing the twen- ty-first century after school grant program and making an appropri- ation therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The education law is amended by adding a new section 319 to 2 read as follows: 3 S 319. TWENTY-FIRST CENTURY AFTER SCHOOL GRANT PROGRAM. 1. GRANT 4 PROGRAM ESTABLISHED. THERE IS HEREBY ESTABLISHED UNDER THE JURISDICTION 5 OF THE COMMISSIONER A GRANT PROGRAM FOR THE PURPOSES OF ESTABLISHING 6 LOCAL AFTER SCHOOL PROGRAMS THROUGH PARTNERSHIPS BETWEEN SCHOOLS AND 7 MUNICIPALITIES TO PROVIDE ACADEMIC SUPPORT AND ENRICHMENT AS A SAFE AND 8 CONSTRUCTIVE AFTER SCHOOL ALTERNATIVE FOR PUPILS FROM KINDERGARTEN 9 THROUGH TWELFTH GRADE IN THE HOURS AFTER THE REGULAR SCHOOL DAY AND 10 LOCATED AT PARTICIPATING PUBLIC SCHOOL BUILDINGS INCLUDING CHARTER 11 SCHOOLS. 12 2. USE OF GRANTS. (A) GRANTS AWARDED PURSUANT TO THIS SECTION MAY BE 13 USED BY ELIGIBLE APPLICANTS TO ESTABLISH LOCAL TWENTY-FIRST CENTURY 14 AFTER SCHOOL PROGRAMS AS DESCRIBED IN THIS SUBDIVISION. ANY SUCH PROGRAM 15 SHALL CONSIST OF THE FOLLOWING TWO COMPONENTS: 16 (I) AN EDUCATIONAL AND LITERACY COMPONENT WHEREBY TUTORING OR HOMEWORK 17 ASSISTANCE IS PROVIDED IN ONE OR MORE OF THE FOLLOWING AREAS: LANGUAGE 18 ARTS, MATHEMATICS, HISTORY AND SOCIAL SCIENCE, COMPUTER TRAINING, OR 19 SCIENCE; AND 20 (II) A COMPONENT WHEREBY EDUCATIONAL ENRICHMENT, INCLUDING, BUT NOT 21 LIMITED TO, FINE ARTS, CAREER TECHNICAL EDUCATION, RECREATION, PHYSICAL 22 FITNESS, AND PREVENTION ACTIVITIES, IS PROVIDED BY LOCAL VOLUNTEERS, OR 23 STAFF PAID IN ACCORDANCE WITH ANY EXISTING CONTRACTUAL AGREEMENT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05568-01-1 A. 5220 2 1 (B) EACH PROGRAM ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL BE 2 PLANNED THROUGH A COLLABORATIVE PROCESS THAT INCLUDES PARENTS, YOUTH, 3 AND REPRESENTATIVES OF PARTICIPATING SCHOOLS, MUNICIPAL AGENCIES, 4 INCLUDING BUT NOT LIMITED TO, PARKS AND RECREATION DEPARTMENTS, LAW 5 ENFORCEMENT, COMMUNITY NON-GOVERNMENTAL ORGANIZATIONS, AND THE PRIVATE 6 SECTOR. 7 (C) ANY PUPIL ATTENDING A SCHOOL HOSTING A PROGRAM PURSUANT TO THIS 8 SUBDIVISION IS ELIGIBLE TO PARTICIPATE IN SUCH PROGRAM. PROGRAMS ESTAB- 9 LISHED PURSUANT TO THIS SUBDIVISION ARE NOT REQUIRED TO CHARGE FAMILY 10 FEES OR CONDUCT INDIVIDUAL ELIGIBILITY DETERMINATION BASED ON NEED OR 11 INCOME, BUT MAY DO SO SUBJECT TO REGULATIONS DETERMINED BY THE COMMIS- 12 SIONER. 13 (D) EACH LOCAL PROGRAM SHALL ESTABLISH A POLICY REGARDING REASONABLE 14 EARLY RELEASE OF PUPILS FROM THE PROGRAM. FOR THOSE PROGRAMS OPERATING 15 IN A COMMUNITY OR HOST SCHOOL WHERE THE EARLY RELEASE POLICY DOES NOT 16 MEET THE UNIQUE NEEDS OF SUCH COMMUNITY OR SCHOOL, DOCUMENTED EVIDENCE 17 MAY BE SUBMITTED TO THE COMMISSIONER FOR AN EXCEPTION AND A REQUEST FOR 18 APPROVAL OF AN ALTERNATIVE POLICY. 19 3. GRANT APPLICATION. (A) ELIGIBLE APPLICANTS FOR GRANTS PURSUANT TO 20 THIS SECTION SHALL INCLUDE: 21 (I) A PUBLIC SCHOOL DISTRICT OR BUILDING WITHIN A DISTRICT, INCLUDING 22 A CHARTER SCHOOL; OR 23 (II) A MUNICIPALITY AND/OR A COMMUNITY-BASED AGENCY IN PARTNERSHIP 24 WITH THE LOCAL PUBLIC SCHOOL DISTRICT OR BUILDING WITHIN SUCH DISTRICT. 25 (B) NO GRANT MAY BE AWARDED UNDER THIS SECTION UNLESS AN APPLICATION 26 HAS BEEN SUBMITTED ON FORMS AND IN A MANNER PRESCRIBED BY THE COMMIS- 27 SIONER. SUCH APPLICATION FOR A GRANT SHALL DEMONSTRATE SPECIFIC NEED 28 FOR AN AWARD OF A GRANT AND OTHER CRITERIA DEEMED APPROPRIATE BY THE 29 COMMISSIONER, INCLUDING MINIMUM PROGRAM STANDARDS AND CONTENT INCLUDING, 30 BUT NOT LIMITED TO, THE FOLLOWING: 31 (I) COMMITMENTS OF EACH PARTNER TO OPERATE A PROGRAM ON A HOST SCHOOL 32 SITE OR SITES AND TO SHARE RESPONSIBILITY FOR THE QUALITY OF THE 33 PROGRAM; 34 (II) APPROVAL FOR SUCH PROGRAM HAS BEEN APPROVED BY THE GOVERNING 35 BOARD OF THE SCHOOL DISTRICT AND THE PRINCIPAL OF EACH HOST SCHOOL SITE 36 OR SITES; 37 (III) A DESIGNATED FISCAL AGENT AND POLICIES REFLECTING ALL FISCAL 38 REPORTING AND AUDITING STANDARDS REQUIRED BY THE CITY OR COUNTY, OR 39 STATE; 40 (IV) A FORMAL COMPLAINT PROCESS ESTABLISHED AND TO BE POSTED AT EACH 41 HOST SCHOOL SITE; 42 (V) EXTENT TO WHICH ACADEMIC SUPPORT AND ENRICHMENT COURSES ARE 43 CURRICULUM BASED OR CURRICULUM COMPLEMENTARY IN AREAS OF ARTS, CAREER 44 TECHNICAL EDUCATION, RECREATION, COMPUTER USE, AND OTHER ACTIVITIES TO 45 BROADEN THE PUPIL'S LEARNING EXPERIENCE; 46 (VI) PROVISIONS FOR STAFF TRAINING AND DEVELOPMENT; 47 (VII) EXTENT OF COLLABORATION WITHIN THE COMMUNITY, INCLUDING DEMON- 48 STRATED SUPPORT OF THE HOST SCHOOL ADMINISTRATION, FACULTY AND STAFF. 49 4. PROHIBITED USES. GRANT MONIES AWARDED UNDER THIS SECTION MAY NOT BE 50 USED TO SUPPLANT EXISTING FEDERAL, STATE, OR LOCAL RESOURCES. 51 5. TECHNICAL ASSISTANCE. (A) THE COMMISSIONER MAY PROVIDE TECHNICAL 52 ASSISTANCE TO SCHOOL DISTRICTS IN THE FURTHERANCE OF THE PURPOSES OF 53 THIS SECTION. SUCH TECHNICAL ASSISTANCE MAY INCLUDE INSTRUCTION AND 54 SEMINARS FOR THE DESIGN OF PROGRAMS DESCRIBED IN SUBDIVISION TWO OF THIS 55 SECTION. A. 5220 3 1 (B) THE DEPARTMENT SHALL PROVIDE NOTICE TO ALL SCHOOLS ELIGIBLE FOR 2 GRANTS PURSUANT TO THIS SECTION OF THE AVAILABILITY OF SUCH GRANTS AS 3 WELL AS THE PROCESS FOR MAKING APPLICATION. 4 S 2. The sum of five hundred thousand dollars ($500,000), or so much 5 thereof as may be necessary, is hereby appropriated to the division of 6 criminal justice services out of any moneys in the state treasury in the 7 general fund to the credit of the local assistance account, not other- 8 wise appropriated, and made immediately available, for the purpose of 9 carrying out the provisions of this act. Such moneys shall be payable on 10 the audit and warrant of the comptroller on vouchers certified or 11 approved by the commissioner of the division of criminal justice 12 services in the manner prescribed by law. 13 S 3. This act shall take effect immediately.