Bill Text: NY S01395 | 2021-2022 | General Assembly | Amended


Bill Title: Requires the trustees or board of education of every school district with twenty or more enrolled students who are military connected youth to designate a military education coordinator; provides for the identification of military connected youth; provides for a military student census to determine whether a student's parent is a member of: the armed forces of the United States who is on active duty; the reserve component of a branch of the armed forces of the United States; or the national guard; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO EDUCATION [S01395 Detail]

Download: New_York-2021-S01395-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1395--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 11, 2021
                                       ___________

        Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Education  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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:

     1    Section 1. The military law is amended by adding a new section 19-b to
     2  read as follows:
     3    §  19-b.  Military  education  coordinator.  The  trustees or board of
     4  education of every school district with twenty or more enrolled students
     5  who are military connected youth as defined in this chapter shall incor-
     6  porate into the  policies  of  the  district  specific  procedures  that
     7  outline  actions  to take in support of students who are the children of
     8  military families who transition to and from the  school  district,  and
     9  designate a military education coordinator to serve as the primary point
    10  of  contact for each child of a military family and his or her parent or
    11  legal guardian, who  shall  have  specialized  knowledge  regarding  the
    12  educational  needs  of  children  of military families and the obstacles
    13  that children of military families face in obtaining an  education.  The
    14  adjutant general shall supply relevant resources for the orientation and
    15  training  of  public  school  military education coordinators under this
    16  section.
    17    § 2. The military law is amended by adding a new article 14 to read as
    18  follows:
    19                                  ARTICLE XIV
    20                        CHILDREN OF MILITARY FAMILIES
    21  Section 400. Definitions.
    22          401. Military connected youth.
    23          402. Equal rights and educational opportunity.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03596-04-1

        S. 1395--A                          2

     1          403. Military children of a parent serving in a  reserve  compo-
     2                 nent or the militia of the state.
     3    §  400.  Definitions.  As  used  in  this  article, the term "military
     4  connected youth" shall mean (a) a military-connected student as  defined
     5  in  the Every Student Succeeds Act of 2015, 20 U.S.C.A. § 1005; or (b) a
     6  person under the age of eighteen, having  an  immediate  family  member,
     7  including a parent, step-parent, sibling or any other person residing in
     8  the  same  household,  who  is on active duty in; serving in the reserve
     9  component; serving in  organized  militia  of  the  state;  or  recently
    10  retired  from  the (i) United States Army; (ii) United States Air Force;
    11  (iii) United States Marine Corps; (iv) United States  Navy;  (v)  United
    12  States  Space  Force;  (vi)  National  Guard;  (vii) United States Coast
    13  Guard; (viii) National Oceanic and Atmospheric Administration;  or  (ix)
    14  United States Public Health Service.
    15    §  401.  Military  connected youth. The adjutant general or his or her
    16  designee shall, in consultation with the  compact  commissioner  of  the
    17  Interstate  Compact  on  Educational  Opportunity  for Military Children
    18  adopted under article sixty-six of the education law, and the  board  of
    19  regents,  develop  a process for school districts and charter schools to
    20  annually identify enrolled students who are  military  connected  youth.
    21  The identification of a military connected youth shall not be considered
    22  a  public  record  and shall not be made public by any person, except as
    23  permitted under the provisions of  the  Family  Educational  Rights  and
    24  Privacy Act of 1974, 20 U.S.C. § 1232g. et seq. The board of regents may
    25  promulgate  rules  and  regulations  to  effectuate the purposes of this
    26  section.
    27    § 402. Equal rights and educational opportunity.  Notwithstanding  any
    28  other  provision  of  law, military connected youth shall have equitable
    29  access to academic courses and programs and to extracurricular academic,
    30  athletic, and social programs.
    31    § 403. Military children of a parent serving in a reserve component or
    32  the militia of the state. In consultation with the Adjutant General  and
    33  the compact commissioner of the Interstate Compact on Educational Oppor-
    34  tunity  for  Military  Children  adopted  under article sixty-six of the
    35  education law, the board of regents may from  time  to  time  promulgate
    36  such  rules  and  regulations  as  may  be needed to extend benefits and
    37  provisions similar to those set forth for military-connected students as
    38  defined in the Every Student Succeeds Act  of  2015  by  the  Interstate
    39  Compact  on  Educational Opportunity for Military Children, to all mili-
    40  tary connected youth, in order to remove barriers to educational success
    41  that may be experienced by children of military families due to frequent
    42  moves and deployment of their parents, by such means including, but  not
    43  limited to:
    44    1.  Facilitating the timely enrollment of military connected youth and
    45  ensuring they are not placed at a disadvantage due to difficulty in  the
    46  transfer of education records from a previous public school, including a
    47  public school in another state;
    48    2.  Facilitating  the  student placement process so military connected
    49  youth are not disadvantaged by variations  in  attendance  requirements,
    50  scheduling, lesson sequencing, grading, course content, and assessment;
    51    3.  Facilitating  the  qualification  and  eligibility for enrollment,
    52  educational programs, and participation in extracurricular activities by
    53  military connected youth;
    54    4. Facilitating the on-time graduation of military connected youth;

        S. 1395--A                          3

     1    5. Providing for the uniform collection  and  sharing  of  information
     2  regarding  military  connected  youth  between  and  among public school
     3  districts; and
     4    6.  Promoting  flexibility  and  cooperation  between  the educational
     5  system, parents and legal guardians, and students in  order  to  achieve
     6  educational success for military connected youth.
     7    § 3. The education law is amended by adding a new section 3245 to read
     8  as follows:
     9    § 3245. Military student census. The trustees or board of education of
    10  every  school  district  shall determine whether a student's parent is a
    11  member of:
    12    (A) the armed forces of the United States who is on active duty;
    13    (B) the reserve component of a branch  of  the  armed  forces  of  the
    14  United States; or
    15    (C) the national guard.
    16    §  4.  This  act  shall take effect immediately and shall apply to the
    17  2023--2024 school year and all school years commencing thereafter.
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