STATE OF NEW YORK
________________________________________________________________________
9336
IN SENATE
May 17, 2022
___________
Introduced by Sen. BAILEY -- (at request of the State Education Depart-
ment) -- read twice and ordered printed, and when printed to be
committed to the Committee on Education
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
providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Legislative findings and declarations. The legislature
2 hereby finds and declares that there is a significant lack of effective
3 coordination and programmatic coherence in the provision of educational
4 opportunities and services to students in juvenile justice settings.
5 When youth must be confined, detention and placement settings provide an
6 opportunity to re-engage them in their education and future and to reset
7 their trajectory. These programs must plan for and support youth reentry
8 to the community, including working with the student's school of reentry
9 to ensure credits are granted for work accomplished while in confinement
10 and re-enrollment in school in the community. Educational programs
11 provided in juvenile justice settings have struggled to recruit and
12 retain New York State certified teachers; provide access to all core
13 academic courses required to obtain a New York State Regents Diploma;
14 and design quality, culturally and linguistically responsive and engag-
15 ing instruction to meet the extensive, critical needs of this consist-
16 ently shifting student population. Lack of access to state and federal
17 education funds for core educational services, delayed access to
18 students' records, rolling admissions and discharges, as well as barri-
19 ers to re-enrollment, and providing supports to students as they transi-
20 tion back to public and nonpublic schools have contributed to this situ-
21 ation. Incarcerated youth funds were originally to support students
22 between the ages of 16 and 21 in county jails. Since implementation of
23 New York's "raise the age law" pursuant to part WWW of chapter 59 of the
24 laws of 2017, incarcerated youth funds for jails have declined, as 16-
25 and 17-year-old students are placed in detention and other settings
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15057-01-2
S. 9336 2
1 which are ineligible for incarcerated youth funding. This makes it
2 difficult to sustain staffing and educational programming for incarcer-
3 ated 18- to 21-year-old students, who are still entitled to an educa-
4 tion. Additionally, the incarcerated youth formula provides a minimum
5 of $15,000 to the district of location which has not been updated since
6 1986 and is insufficient to maintain minimum educational programming.
7 Further, once returned to the community, these students need additional
8 supports to ensure continued success.
9 § 2. The state task force on juvenile justice education (hereinafter
10 referred to as "the task force") is hereby established. The task force
11 shall conduct and complete a thorough study and review of the needs of
12 educational programming across the spectrum of juvenile justice confine-
13 ment settings and the educational transition of youth post-confinement
14 and shall make actionable recommendations on the improvement thereof.
15 The task force shall study and make recommendations relating to:
16 (a) the provision of educational opportunities and services to
17 students in juvenile justice settings. Such settings include detention
18 settings, office of children and family services settings, foster care
19 settings, and county correctional facilities where students who are
20 under the age of 21 are entitled to attend school are placed or
21 confined;
22 (b) the creation of a statewide entity to provide or oversee such
23 educational opportunities and services;
24 (c) oversight of the provision of educational services by the educa-
25 tion department and the office of children and family services;
26 (d) access to federal and state funding mechanisms;
27 (e) access to career, occupational, certificate, licensure and techni-
28 cal courses;
29 (f) access to literacy and English language learner services;
30 (g) access to special education services;
31 (h) access to programs leading to a high school diploma or a high
32 school equivalency diploma;
33 (i) access to make up credit programs;
34 (j) access to programs and services through the education department's
35 office of adult career and continuing education services - vocational
36 rehabilitation and board of cooperative educational services;
37 (k) access to student records;
38 (l) appropriate accountability measures; and
39 (m) educational transition services provided to students returning to
40 the community after placement or confinement.
41 § 3. (a) The task force shall consist of 14 members to be appointed as
42 follows:
43 (i) the commissioner of education or his or her designee, who shall
44 serve as the chair of the task force and four members appointed by the
45 commissioner of education, in consultation with the board of regents;
46 (ii) five members appointed by the governor; one of whom shall serve
47 as vice chair of the task force;
48 (iii) two members appointed by the temporary president of the senate;
49 and
50 (iv) two members appointed by the speaker of the assembly.
51 (b) No member of the task force shall be disqualified from holding any
52 public office or employment, nor shall he or she forfeit any such office
53 or employment by reason of his or her appointment pursuant to this act.
54 (c) The members of the task force shall receive no compensation for
55 their services, but shall be allowed their actual and necessary expenses
56 incurred in the performance of their duties pursuant to this act,
S. 9336 3
1 provided that the task force shall be authorized to conduct meetings in
2 a manner that minimizes travel and costs as determined by the commis-
3 sioner of education.
4 (d) The task force shall issue a report on its findings and recommen-
5 dations for improvement, including any legislative recommendations, to
6 the board of regents, the governor, the temporary president of the
7 senate, the speaker of the assembly and the chairs of the education
8 committees in the assembly and senate on or before December 31, 2022.
9 § 4. Subject to appropriation therefor, the task force is authorized
10 to contract with consultants, including institutions of higher education
11 and independent research organizations, to assist the task force in the
12 performance of its duties.
13 § 5. This act shall take effect immediately and shall expire and be
14 deemed repealed on the sixtieth day after the task force on juvenile
15 justice education shall have submitted the report required by section
16 three of this act; provided that the commissioner of education shall
17 notify the legislative bill drafting commission upon filing the report
18 required in section three of this act in order that the commission may
19 maintain an accurate and timely effective data base of the official text
20 of the laws of the state of New York in furtherance of effectuating the
21 provisions of section 44 of the legislative law and section 70-b of the
22 public officers law.