STATE OF NEW YORK ________________________________________________________________________ 8902 IN SENATE March 26, 2024 ___________ Introduced by Sen. OBERACKER -- read twice and ordered printed, and when printed to be committed to the Committee 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 22 overall education system in New York, while empowering students, 23 parents, and educators to shape their educational journey. 24 § 3. This act enacts into law major components of legislation neces- 25 sary to implement the "EmpowerED Act". Each component is wholly EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11892-01-3S. 8902 2 1 contained within a Part identified as Parts A through B. The effective 2 date for each particular provision contained within such Part is set 3 forth in the last section of such Part. Any provision in any section 4 contained within a Part, including the effective date of the Part, which 5 makes a reference to a section "of this act", when used in connection 6 with that particular component, shall be deemed to mean and refer to the 7 corresponding section of the Part in which it is found. Section five of 8 this act sets forth the general effective date of this act. 9 PART A 10 Section 1. Section 3202 of the education law is amended by adding a 11 new subdivision 9 to read as follows: 12 9. Interregional student enrollment. a. (i) Notwithstanding subdivi- 13 sion two of this section or any other law to the contrary, nonresidents 14 of a district may be admitted into the school or schools of a district 15 or city, upon the consent of the trustees or the board of education as 16 part of an interregional student enrollment program. The trustees or the 17 board of education shall establish an open enrollment application proc- 18 ess, during which nonresident students can access such application to 19 apply for enrollment in offered classes whether the student is part-time 20 or full-time. As used in this subparagraph, the term "part-time" shall 21 mean a nonresident student enrolled in a set of classes, whether such 22 classes are in-person or via distance learning, that are offered by a 23 school district where such student does not reside, and who also takes 24 classes in the school district where such student resides. 25 (ii) Participating districts shall provide transportation, as mandated 26 by the individualized education program of a student with a disability, 27 to the location necessary to receive required services specified in such 28 program. 29 b. The school district of a nonresident student shall be subject to a 30 maximum tuition as determined by the commissioner. The maximum tuition 31 shall vary based on the number of classes taken by the student and 32 whether such student is part-time or full-time. The maximum tuition 33 rates shall be set regionally to account for cost variations and ensure 34 fairness across participating school districts. 35 c. Nonresident students seeking enrollment shall submit applications 36 during the open enrollment window, as determined by the participating 37 school districts. The application process shall be facilitated by the 38 school districts, ensuring accessibility and fairness. Eligibility for 39 enrollment shall be based on factors, including but not limited to 40 available space, academic performance, and the needs of the student. 41 Priority shall be given to students who would benefit from specialized 42 programs or services not available in their resident district. 43 d. Participating school districts shall collaborate to ensure a seam- 44 less transfer of student records, including academic transcripts, health 45 records, and other relevant documentation necessary for such student's 46 educational continuity. School districts shall provide nonresident 47 students with access to appropriate educational programs, resources, and 48 support services, on par with those provided to resident students. 49 § 2. This act shall take effect immediately. 50 PART BS. 8902 3 1 Section 1. Subparagraph 3 of paragraph bb of subdivision 4 of section 2 1950 of the education law, as amended by section 2 of part A of chapter 3 60 of the laws of 2000, is amended to read as follows: 4 (3) Such programs and services may include, but shall not be limited 5 to (a) expansion of itinerant teaching services in any courses of study 6 required under subdivision three of section thirty-two hundred four of 7 this chapter or advanced academic subject courses, provided that no 8 limitation shall exist that restricts or confines the length of time 9 that an itinerant teacher is authorized to provide such teaching 10 services pursuant to this paragraph; (b) academic course offerings at 11 regular board of cooperative educational services centers or at leased 12 sites during the school year or summer school periods, as requested by 13 component districts; (c) block scheduling to enable students to attend 14 classes at a board of cooperative educational services center for an 15 entire school day; (d) satellite offerings of specific concentrations or 16 specializations sponsored by boards of cooperative educational services 17 at local schools, with cross-contracting for services; (e) expanded use 18 of interactive television and other technologies to offer academic 19 courses on site or at component school districts; and (f) programs of 20 academic intervention services approved by the commissioner designed to 21 fulfill the academic intervention services requirement imposed by the 22 regulations of the commissioner, provided that in approving such 23 programs and services for the two thousand--two thousand one school year 24 or thereafter, the commissioner shall assure that the program or service 25 results in a cost savings to all participating districts, disregarding 26 any aid pursuant to subdivision five of this section. 27 § 2. This act shall take effect immediately. 28 § 4. Severability clause. If any clause, sentence, paragraph, subdi- 29 vision, section or part of this act shall be adjudged by any court of 30 competent jurisdiction to be invalid, such judgment shall not affect, 31 impair, or invalidate the remainder thereof, but shall be confined in 32 its operation to the clause, sentence, paragraph, subdivision, section 33 or part thereof directly involved in the controversy in which such judg- 34 ment shall have been rendered. It is hereby declared to be the intent of 35 the legislature that this act would have been enacted even if such 36 invalid provisions had not been included herein. 37 § 5. This act shall take effect immediately; provided, however, that 38 the applicable effective date of Parts A through B of this act shall be 39 as specifically set forth in the last section of such Parts.