Bill S1396-2013

Requires the notification in writing of discharge or transfer of minors from attendance upon instruction and the reporting of such data to the legislature

Requires the notification in writing of discharge or transfer of minors from attendance upon instruction and the reporting of such data to the legislature; the notification shall include a breakdown of all discharges and dropout of students under 21, reasons therefor, demographics and racial breakdown of all discharged students, the number of students enrolled in GED programs, the number of special education students discharged, the number of English language learner students who have been discharged and what support services were offered before discharge.

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  • Jan 8, 2014: REFERRED TO EDUCATION
  • Jan 9, 2013: REFERRED TO EDUCATION

Memo

BILL NUMBER:S1396

TITLE OF BILL: An act to amend the education law, in relation to notification of discharge from attendance upon instruction

PURPOSE: This legislation will enable the collection of more detailed data of student discharges.

SUMMARY OF PROVISIONS:

Section 3211(4) is amended to require principals to give additional information to the city or district school authorities of the discharge or transfer of students. The information will contain a clear breakdown of all discharges and dropouts for students age 21 and under, the reasons they left the public school system, a demographic and racial breakdown, the number enrolled in GED programs, the number of ELL students and special education students that were discharged, and what support or services were offered before discharge.

A new subdivision 5 is added to require that all school districts submit this data to the State Education Department. The State Education Department will provide a report to the legislature by November 30 of each year.

EXISTING LAW:

Section 3211(4) requires principals of a school to give prompt notification in writing to city or district school authorities of the discharge or transfer of any minor from attendance upon instruction, stating the date of discharge, its cause, the name of the minor, his/her date of birth, his/her place of residence prior to and following discharge and the name of the parent or guardian.

JUSTIFICATION: Recent studies have shown that an alarming number of students are leaving schools without graduating. We must, when considering the scale of the problem, consider all high school students who enter school in the ninth grade and do not graduate within four years. Statistics which are easily available from the State Department of Education do not show all students who are discharged. For this reason the scale of the problem remains unknown.

We want all students to be able to attain the standards the New York State Regents have set. At-risk students and low performing students need to be provided with the support and services necessary for them to accomplish these goals. The alarming number of students being discharged makes it clear that additional data needs to be gathered in order to develop programs and solutions so that all of our children are given every opportunity to graduate from high school.

LEGISLATIVE HISTORY: 2003-2004: S.4222 Died in Committee 2005-2006: S.1798 Died in Committee 2007-2008: S.4762 Died in Committee 2009-2010: S.1291 Died in Committee 2011-2012: S.997 Died in Committee

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1396 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. MONTGOMERY, DIAZ, SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Educa- tion AN ACT to amend the education law, in relation to notification of discharge from attendance upon instruction THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 3211 of the education law is amended and a new subdivision 5 is added to read as follows: 4. Duties of principal or person in charge of the instruction of a minor. The principal of a school, or other person in charge of the instruction upon which a minor attends, as provided by THIS part [one of this article], shall cause the record of his OR HER attendance to be kept and produced and all appropriate inquiries in relation thereto answered as hereinbefore required. He OR SHE shall give prompt notifica- tion in writing to the school authorities of the city or district of the discharge or transfer of any such minor from attendance upon instruc- tion, stating the date of the discharge, its cause, the name of the minor, his OR HER date of birth, his OR HER place of residence prior to and following discharge, if such place of residence be known, and the name of the person in parental relation to the minor, A CLEAR BREAKDOWN OF ALL DISCHARGES AND DROPOUTS FOR STUDENTS AGED TWENTY-ONE AND UNDER, AND THE REASONS THEY ARE NO LONGER IN THE PUBLIC SCHOOL SYSTEM, A DEMO- GRAPHIC AND RACIAL BREAKDOWN OF ALL DISCHARGED STUDENTS, THE NUMBER OF STUDENTS UNDER THE AGE OF TWENTY-ONE WHO ARE SEEKING OR ENROLLED IN GED PROGRAMS, THE NUMBER OF DISCHARGED STUDENTS AND THEIR EDUCATIONAL STATUS PRIOR TO BEING DISCHARGED, THE NUMBER OF ALL SPECIAL EDUCATION STUDENTS WHO WERE DISCHARGED, THE NUMBER OF ENGLISH LANGUAGE LEARNER (ELL) STUDENTS WHO HAVE BEEN DISCHARGED, AND WHAT SUPPORT OR SERVICES WERE OFFERED TO THE STUDENT BEFORE DISCHARGE.
5. COLLECTION OF DATA. ANY DATA COLLECTED SHALL BE SUBMITTED TO THE DEPARTMENT WITHIN NINETY DAYS OF THE END OF EACH SCHOOL YEAR. THE DEPARTMENT SHALL PROVIDE TO THE LEGISLATURE A REPORT COMPILING SUCH INFORMATION AND SUBMIT TO THE CHAIR OF THE SENATE EDUCATION COMMITTEE AND THE CHAIR OF THE ASSEMBLY EDUCATION COMMITTEE ON OR BEFORE NOVEMBER THIRTIETH OF EACH YEAR. THE DEPARTMENT SHALL ALSO PRODUCE GENERAL STATE- WIDE DATA THAT SHALL BE AVAILABLE TO THE PUBLIC UPON REQUEST. S 2. This act shall take effect immediately.

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