Student Support Services

Education of Incarcerated Youth Program Plan
Review Guide

All agencies providing mandated educational services to incarcerated youth under Chapter 683 of the Laws of New York State and Part 118 of the Regulations of the Commissioner of Education are required to provide the following:

Program Plan Effectiveness

1. General Information Ensure all information is complete. The contact person listed will receive information and forms relevant to the IY Program, e.g., Automated Verification Listings (AVL) STAC Forms.
2. Estimated Number of Students Served Daily FTE’s will give the agency an idea of the funding that will be generated by the program. This information could be used to determine program procedures, program growth, and to project the following year’s budget.
3. Number of Instructional Hours Per Day A minimum of 3 instructional hours per day is required to be in compliance with Part 118. Please indicate only the blocked number of instructional hours provided, not the total number of classes multiplied by the duration of the class. For example:
1. If Facility “A” provides ABE/GED from 8:00AM-11:00AM and from 1:00PM – 4:00PM, it should report 6 hours.
2. If Facility “B” provides ABE, GED, High School Credits, and ESL from 8:00 AM-11:00A.M. it should report 3 hours.

Summer program does not have to be provided. However, if offered, it must be 3 hours per day and 5 days a week.
4. Academic Program Services A minimum of 15 hours of instruction is required to be in compliance with Part 118.
Academic instruction must include at least 10 hours of Basic Education, and/or 10 hours High School Credit, and/or 10 hours of GED.

The remaining hours can include: Life Management, Career Planning and Career and Technical Education. This will ensure 15 hours of instruction is provided for the week.

Please address how instructional programs are modified to address the needs of students with disabilities and English language learners.
5. Assessment Procedures

Students whose primary language is a language other than English are often referred to as Limited English Proficient Students (LEP) or as English Language Learners (ELLs).

NYS –LEP Identification Process includes:
1. Screening;
2. Initial Assessment;
3. Program Placement; and
4. Annual Assessment

Part 118.3 Evaluation… requires that the provider of educational services shall be administered in the student’s dominant language. The contact person listed will receive information and forms relevant to the IY Program, e.g., Automated Verification Listings (AVL) STAC Forms.

(a) Assessment tests or evaluation materials are used to determine the student’s academic and transition program services needs. For example, more accurate assessment results are achieved by assessing English Language Learning (ELL) speakers of other languages such as Spanish, using the BEST Plus (Basic English Skills Test) and the BEST Literacy Test external link icon

Assessment tools for students who are returning to school should include Lab-R for initial assessment and NYSESLAT (the New York State English as a Second Language Achievement Test) annual assessment.

(b) The Test of Adult Basic Education versions 7 & 8 or 9 & 10 (TABE), are generally used for English speakers who have dropped out of school.
(c) The educational provider should identify procedures for a multidisciplinary assessment including test or evaluation materials used to serve students identified as requiring more intensive program services. For example: Woodcock Johnson; Wechsler Adult Intelligence Scale (WAIS); and therapeutic counseling.
(e) Career Assessment Tools: Career Zone; Strong Campbell Interest Inventory; These comprehensive assessment procedures address the student’s career, academic and social needs.

6. Transition Program Services It is important that a plan for transition begins at the point of entry.
The educational provider should:
  1. provide career assessments and counseling on a case-by-case basis;
  2. develop and implement an individual program plan; and
  3. develop relationships with outside agencies.
7. Community Service Linkages

Collaboration with community service linkages provides a supportive structure and the resources for the student upon release from incarceration.

The purpose of the collaboration is to reduce recidivism and to provide successful adjustment for the student back into the community setting. The role of this support network of community service linkages must not be underestimated. The educational program in partnership with the community provides an array of services that sustain and support those released from incarceration.

Community Linkages are not limited to:

  1. One Stop- To provide job training skills and employment leads;
  2. Vocational and Educational Services for Individuals with Disabilities (VESID)- for vocational and educational training;
  3. Mental Health Services/Drug Treatment Program Centers –to provide therapeutic support; and
  4. Youth Shelters for those persons who may not have a supportive family.
The transfer of educational records and notification to the appropriate school district will ensure a continuum of the student’s educational program. Agencies are encouraged to establish a system that allows for communication amongst all stakeholders whereby, data can be shared consistent with Family Educational Rights and Privacy Act (FERPA) requirements. Follow-up data analysis is a useful tool that can positively impact educational/transitional program planning.
8. Personnel Qualifications The preferred certification for teachers is a secondary teacher certification and for special education students a special education certification.

The goal is to have students taught by teachers certified in the appropriate grade 7-12 content area; English, Math., Science, History or Social Studies. Teachers who are certified in Special Education are uniquely trained to address students with learning disabilities.

In addition to possessing the appropriate certification, teachers with relevant experiences that include working with at risk youth, or working within a correctional or jail setting generally have an awareness of the importance of security personnel’s impact on the education program.

A teaching staff with relevant experience and appropriate content certification provides students with a wider scope and sequence to the educational program.

It is strongly recommended that upon attrition, newly hired teachers should have secondary certification.
9. Staff Development and Training

Staff development ensures that staff is aware of current instructional best practices and policies related to education.

Staff training may include the following:

  • GED testing procedures
  • Adult Student Information System and Technical Support (ASISTS) for the collection of student data
  • Content program area enrichment
Staff development providers are not limited to:
  1. NYS Regional Adult Education Network (RAEN),
  2. School districts and the Board of Cooperative Educational Services (BOCES).
  3. The New York State Association of Incarcerated Education Programs (NYSAIEP)-the annual conference provides an excellent opportunity to network with various agencies providing educational services to at risk /incarcerated youth.
10. (a) Requests for Educational Services and Notice of Service. [Part(s) 118.3 (a, 118.5, 118.6, 118.8] Agencies should provide a written orientation program plan to the student within 10 days after admission. This will facilitate better decision making of the student regarding the educational services for which he is entitled.

County jail and local education staff must ensure that they comply with all appropriate Part 118 requirements including Parts 118.3(a) 118.5, 118.6 and 118.8
(b) Requests for Special Educational Services and Notice of Service Provided. [8NYCRR§200.4] The district of location that is responsible for special education must be in full compliance for the provision of special education. This often involves working with the district of residence to obtain current educational records.
  • For incarcerated youth suspected of having a disability, educational program staff is required to request that a referral be made to the CSE of the district of location, which is responsible for conducting an individual evaluation, determining eligibility, developing the Individualized Education Program (IEP), and arranging for the provision of special education services.
  • For incarcerated youth who have previously been identified as requiring special education services, educational program staff are responsible for requesting IEPs and other educational records from the students’ district of residence and submitting requests for necessary services to the district of location.
  • If the program staff believes that the program recommended on the IEP is no longer appropriate for the student, they may request that the CSE of the district of location review the IEP and make changes as the committee deems appropriate.
  • The district of location is also responsible for conducting annual reviews and reevaluations for youth receiving special education services that remain incarcerated when these reviews/reevaluations become due.

12. Budget Review Sheet
The budget should reflect costs close to the amount of State Aid that has been generated in the past unless the FTE’s have significantly changed. Federal funds are meant to supplement not supplant State funds.
Professional Salaries (15) Include only professional staff such as teachers, administrators, counselors etc. who are employees of the agency.
Nonprofessional Salaries (16) Include salaries for teacher aides, secretarial and clerical assistance, who are employees of the agency.
Purchased Services (40) Purchased services that will increase teachers’ or students’ skills, or that result in activities associated with re-entry and transition to the community. This include consultants (indicate per diem rate) and other contractual services. Purchased Services from a BOCES, if other than applicant agency, should be budgeted under Purchased Services with BOCES, Code 49.
Supplies and Materials (45) Include computer software, library books, and equipment items under $5000 per unit.
Travel Expenses for Staff Development and Training (46) Include pupil transportation, conference costs and travel of staff between instructional sites. Specify agency approved mileage rate for travel by personal car or school-owned vehicle.
Conference attendance must be part of an ongoing sustained professional development that has a direct connection to instruction and improvement of best practices.
Employee Benefits (80) Rates used for project personnel must be the same as those used for other agency personnel.

Indirect Cost (90)

  1. Modified Direct Cost Base - Sum of all preceding subtotals (codes 15, 16, 40. 45, 46, and 80 and excludes the portion of each subcontract exceeding $25,000 and any flow through funds)
  2. Approved Restricted Indirect Cost Rate
  3. (A) x (B) = Total Indirect Cost
The formula on the left should be used for reimbursement of the agency under this category to compute the total indirect cost.
Purchased Services with BOCES (49) See purchased services (40).
Equipment (20) Include equipment items with a unit cost of $5,000 or more, should be itemized in this category. Repairs of equipment should be budgeted under Purchased Services, Code 40.
Last Updated: December 29, 2010