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A08133 Summary:

BILL NOA08133
 
SAME ASSAME AS S08902
 
SPONSORSmullen
 
COSPNSRDeStefano, Manktelow, Brabenec, Angelino, Brown E
 
MLTSPNSR
 
Amd §§3202 & 1950, Ed L
 
Establishes interregional enrollment of students taking classes in multiple school districts (Part A); allows students who are enrolled in and taking classes in multiple school districts to receive cooperative and individualized educational services (Part B).
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A08133 Actions:

BILL NOA08133
 
10/13/2023referred to education
01/03/2024referred to education
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A08133 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8133
 
SPONSOR: Smullen
  TITLE OF BILL: 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 cooperative and individualized educational services for students who are enrolled in multiple school districts (Part B)   PURPOSE OR GENERAL IDEA OF BILL: Enhance educational opportunities for students by enabling them to cross-enroll in classes offered by local schools outside of their home district, whether part-time or full-time, and by expanding BOCES itiner- ant teaching services.   SUMMARY OF PROVISIONS: Section 1 introduces the EmpowerED Act: Empowering Students and Enhanc- ing Educational Opportunities in New York. Section 2 provides an overview of legislative findings and intent. Section 3 establishes the "EmpowerED Act" as wholly contained within Parts A and B. Part A amends section 3202 of the Education Law to provide for interre- gional student enrollment in which students may apply for enrollment in classes at local schools outside their home district on either a part- time or full-time basis. Part B amends Section 1950 of the Education Law to expand BOCES itiner- ant services to enable providers to offer instruction in any courses mandated by education law, in addition to other itinerant teaching services that are already provided. Section 4 establishes the severability clause. Section 5 provides the effective date.   JUSTIFICATION: New York State allocates the highest per-student expenditure in the nation, yet a considerable number of students perform at or below the national average in state assessments. To address this issue, innovative educational models are necessary to meet the modern needs of our students, particularly in rural areas of the State. Giving students and their families more autonomy to choose their teachers and their classes would significantly improve educational outcomes and potentially result in cost-savings to the State. The EmpowerED Act is designed to meet these.modern needs by facilitating interregional student enrollment and expanding the itinerant teaching services offered by BOCES programs.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A08133 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8133
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 13, 2023
                                       ___________
 
        Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
          tee 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:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "EmpowerED Act: Empowering students and enhancing educational oppor-
     3  tunities in New York".
     4    § 2. Legislative findings and intent. According to the Census  Bureau,
     5  New  York  consistently allocates the highest per-student expenditure in
     6  the nation. However, despite this significant investment, a  substantial
     7  number  of our students are performing at or slightly below the national
     8  average in state  assessments.  It  is  imperative  that  we  prioritize
     9  providing  our  students with every available opportunity to raise these
    10  educational standards. To truly empower our education  system,  we  must
    11  enable  school  districts and students to embrace innovative educational
    12  approaches that go beyond traditional norms. Students  should  have  the
    13  freedom  to  choose educational opportunities that best suit their indi-
    14  vidual needs and aspirations. The "EmpowerED Act" aims to strengthen New
    15  York's education system by  granting  students  the  ability  to  access
    16  classes  in any educational setting, be it a neighboring school district
    17  or through remote learning. Furthermore, it expands  itinerant  teaching
    18  services  that  BOCES programs offer to allow individual schools to more
    19  efficiently allocate resources according to the unique  needs  of  their
    20  own  district.  This  legislation  will  provide vital support to foster
    21  collaboration among districts, benefiting  students  and  improving  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11892-01-3

        A. 8133                             2
 
     1  overall  education  system  in  New  York,  while  empowering  students,
     2  parents, and educators to shape their educational journey.
     3    §  3.  This act enacts into law major components of legislation neces-
     4  sary  to  implement  the  "EmpowerED  Act".  Each  component  is  wholly
     5  contained  within  a Part identified as Parts A through B. The effective
     6  date for each particular provision contained within  such  Part  is  set
     7  forth  in  the  last  section of such Part. Any provision in any section
     8  contained within a Part, including the effective date of the Part, which
     9  makes a reference to a section "of this act", when  used  in  connection
    10  with that particular component, shall be deemed to mean and refer to the
    11  corresponding  section of the Part in which it is found. Section five of
    12  this act sets forth the general effective date of this act.
 
    13                                   PART A
 
    14    Section 1. Section 3202 of the education law is amended  by  adding  a
    15  new subdivision 9 to read as follows:
    16    9.  Interregional  student enrollment. a. (i) Notwithstanding subdivi-
    17  sion two of this section or any other law to the contrary,  nonresidents
    18  of  a  district may be admitted into the school or schools of a district
    19  or city, upon the consent of the trustees or the board of  education  as
    20  part of an interregional student enrollment program. The trustees or the
    21  board  of education shall establish an open enrollment application proc-
    22  ess, during which nonresident students can access  such  application  to
    23  apply for enrollment in offered classes whether the student is part-time
    24  or  full-time.  As used in this subparagraph, the term "part-time" shall
    25  mean a nonresident student enrolled in a set of  classes,  whether  such
    26  classes  are  in-person  or via distance learning, that are offered by a
    27  school district where such student does not reside, and who  also  takes
    28  classes in the school district where such student resides.
    29    (ii) Participating districts shall provide transportation, as mandated
    30  by  the individualized education program of a student with a disability,
    31  to the location necessary to receive required services specified in such
    32  program.
    33    b. The school district of a nonresident student shall be subject to  a
    34  maximum  tuition  as determined by the commissioner. The maximum tuition
    35  shall vary based on the number of  classes  taken  by  the  student  and
    36  whether  such  student  is  part-time  or full-time. The maximum tuition
    37  rates shall be set regionally to account for cost variations and  ensure
    38  fairness across participating school districts.
    39    c.  Nonresident  students seeking enrollment shall submit applications
    40  during the open enrollment window, as determined  by  the  participating
    41  school  districts.  The  application process shall be facilitated by the
    42  school districts, ensuring accessibility and fairness.  Eligibility  for
    43  enrollment  shall  be  based  on  factors,  including but not limited to
    44  available space, academic performance, and the  needs  of  the  student.
    45  Priority  shall  be given to students who would benefit from specialized
    46  programs or services not available in their resident district.
    47    d. Participating school districts shall collaborate to ensure a  seam-
    48  less transfer of student records, including academic transcripts, health
    49  records,  and  other relevant documentation necessary for such student's
    50  educational  continuity.  School  districts  shall  provide  nonresident
    51  students with access to appropriate educational programs, resources, and
    52  support services, on par with those provided to resident students.
    53    § 2. This act shall take effect immediately.

        A. 8133                             3
 
     1                                   PART B
 
     2    Section  1. Subparagraph 3 of paragraph bb of subdivision 4 of section
     3  1950 of the education law, as amended by section 2 of part A of  chapter
     4  60 of the laws of 2000, is amended to read as follows:
     5    (3)  Such  programs and services may include, but shall not be limited
     6  to (a) expansion of itinerant teaching services in any courses of  study
     7  required  under  subdivision three of section thirty-two hundred four of
     8  this chapter or advanced academic  subject  courses,  provided  that  no
     9  limitation  shall  exist  that  restricts or confines the length of time
    10  that an  itinerant  teacher  is  authorized  to  provide  such  teaching
    11  services  pursuant  to  this paragraph; (b) academic course offerings at
    12  regular board of cooperative educational services centers or  at  leased
    13  sites  during  the school year or summer school periods, as requested by
    14  component districts; (c) block scheduling to enable students  to  attend
    15  classes  at  a  board  of cooperative educational services center for an
    16  entire school day; (d) satellite offerings of specific concentrations or
    17  specializations sponsored by boards of cooperative educational  services
    18  at  local schools, with cross-contracting for services; (e) expanded use
    19  of interactive television  and  other  technologies  to  offer  academic
    20  courses  on  site  or at component school districts; and (f) programs of
    21  academic intervention services approved by the commissioner designed  to
    22  fulfill  the  academic  intervention services requirement imposed by the
    23  regulations  of  the  commissioner,  provided  that  in  approving  such
    24  programs and services for the two thousand--two thousand one school year
    25  or thereafter, the commissioner shall assure that the program or service
    26  results  in  a cost savings to all participating districts, disregarding
    27  any aid pursuant to subdivision five of this section.
    28    § 2. This act shall take effect immediately.
    29    § 4.  Severability clause. If any clause, sentence, paragraph,  subdi-
    30  vision,  section  or  part of this act shall be adjudged by any court of
    31  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    32  impair,  or  invalidate  the remainder thereof, but shall be confined in
    33  its operation to the clause, sentence, paragraph,  subdivision,  section
    34  or part thereof directly involved in the controversy in which such judg-
    35  ment shall have been rendered. It is hereby declared to be the intent of
    36  the  legislature  that  this  act  would  have been enacted even if such
    37  invalid provisions had not been included herein.
    38    § 5. This act shall take effect immediately; provided,  however,  that
    39  the  applicable effective date of Parts A through B of this act shall be
    40  as specifically set forth in the last section of such Parts.
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