Section 3202 - Title IV, Article 65, Part I
S 3202.7 Education of Incarcerated Youth
- Youth incarcerated in county correctional facilities or youth
- A person under twenty-one years of age who has not received a high school diploma and who is incarcerated in a correctional facility maintained by a county or by the city of New York or in a youth shelter is eligible for educational services pursuant to this subdivision and in accordance with the regulations of the commissioner. Such services shall be provided by the school district in which the facility or youth shelter is located, within the limits of the funds allocated by the commissioner for such purposes pursuant to section thirty-six hundred two of this chapter and pursuant to a plan approved by the commissioner. School districts shall submit such plan by July fifteenth of each school year. Boards of education are authorized to contract for the provision of such educational services by a board of cooperative educational services or by another public school district.
- Except as otherwise provided in this paragraph, the school district in which the child resided at the time of the child's commitment to the custody of the sheriff or local commissioner of corrections or youth shelter shall reimburse the education department for its expenditure for the full time equivalent attendance of such child pursuant to subdivision thirty-five of section thirty-six hundred two of this chapter on behalf of such child, in an amount equal to the product of such full time equivalent attendance and the school district basic contribution, as such term is defined in subdivision eight of section forty-four hundred one of this chapter, provided, however, that such basic contribution shall be multiplied by the full time equivalent attendance multiplied by one hundred twenty per centum for such children attending programs which operate between July first and June thirtieth. If at the applicable time specified in this paragraph a school district other than the school district in which the child resides is responsible for the cost of instruction of the child or for reimbursement of the state for its expenditure on behalf of the child pursuant to any provision of this chapter, then such other school district shall be responsible for reimbursement of the education department in accordance with this paragraph. Upon certification by the commissioner, the comptroller shall deduct from any state funds which become due to a school district an amount equal to the reimbursement required to be made by such school district in accordance with this paragraph, and the amount so deducted shall not be included in the operating expense of such district for the purpose of computing the approved operating expense pursuant to subdivision eleven of section thirty-six hundred two of this chapter.
- After admission of a child eligible for educational services pursuant to this subdivision, but within a time prescribed by the commissioner in regulations, the correctional facility maintained by the county or the city of New York shall furnish such child with information concerning the availability of such educational services and shall submit a request for educational services to the school district in which the facility is located. Such request shall conform to requirements prescribed by the commissioner by regulation in consultation with the state commission of correction and shall include, but shall not be limited to, notice of: the name of the child, the name and location of the facility in which such child is incarcerated, the last grade completed by the child as reported by the child, the anticipated duration of the incarceration and the last known residence of such child at the time of the child's commitment to custody. The school district in which the facility is located shall notify other appropriate agencies, including, but not limited to, the education department and the school district identified as being responsible for the educational costs of such child pursuant to paragraph b of this subdivision, that such a request for educational services has been received. The commissioner shall promulgate regulations specifying the time within which such notice shall be provided and the contents of such notice, and establishing a procedure by which a school district may request the commissioner to review its identification as the school district responsible for the educational costs of such child.
- Upon release or discharge of a child eligible for educational services pursuant to this subdivision, the correctional facility shall apprise such child that further educational services may be available pursuant to this section through the school district in which the child resides or in which the child is otherwise entitled to attend school, and shall, at the request of the student, notify such district of the child's desire to enroll in such district.
- The state commission of correction shall promulgate rules and regulations in consultation with the commissioner which shall require each correctional facility operated by a county or the city of New York to cooperate with the school district or board of cooperative educational services providing educational services and to comply with the requirements of this subdivision.
- As used in this subdivision, "youth shelter" shall mean an alternative residential facility for the incarceration of youths between the ages of sixteen and twenty-one who are remanded by the criminal courts.