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9 CRR-NY 7070.4NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 9. EXECUTIVE DEPARTMENT

SUBTITLE AA. STATE COMMISSION OF CORRECTION

CHAPTER I. MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES

SUBCHAPTER A. MINIMUM STANDARDS AND REGULATIONS

PART 7070. EDUCATIONAL SERVICES FOR YOUTH

9 CRR-NY 7070.4

7070.4 Procedures for providing educational services to eligible youth.

(a) During the admissions process the chief administrative officer of each local correctional facility shall determine which inmates within the facility are eligible youth as defined in section 7070.2(a) of this Part.

(b) Except as otherwise provided in subdivision (c) of this section, during the admissions process facility staff shall provide each eligible youth with the following information concerning the educational services program:

(1) advise the youth that he/she may attend this program during incarceration in a local correctional facility as long as he/she has not received a high-school diploma, is under the age of 21 and is likely to be incarcerated for 10 days or more;

(2) advise the youth that the educational program shall:

(i) consist of small group or individual instruction and will be designed to fit his/her educational needs;

(ii) be designed to increase his/her level of achievement in reading, mathematics and written and oral communication and to prepare a student to pass the high-school equivalency diploma examination;

(iii) if necessary, be designed to provide special assistance in speaking or writing English;

(iv) enable him/her to continue with studies if he/she plans to return to school or a BOCES program after release; or

(v) provide employment preparation education, which may include identifying his/her skills and assisting him/her on how to search for employment and how to develop positive work habits;

(3) advise the youth that if he/she chooses to participate in the program, he/she will be in class for at least three hours each day when school is in session in the school district in which the facility is located, and the importance of regular class attendance; and

(4) advise the youth how he/she can request to participate in the program at any later time during incarceration pursuant to the facility's procedures.

(c) Whenever an eligible youth is admitted to a facility and such youth's physical or mental condition is such that facility staff determine it would be more appropriate to delay providing the youth with information on the program pursuant to the requirements of this section, the requirements of subdivisions (b), (d) and (e) of this section shall be completed as soon as possible, but in no case later than three days after such youth is admitted to the facility.

(d) Facility staff shall make reasonable efforts to assist all eligible youth, including those who may be non-English speaking, to understand the information provided concerning the educational services program pursuant to subdivision (b) of this section.

(e) Except as otherwise provided in subdivision (c) of this section, during the admissions process each eligible youth shall be asked if he/she does or does not wish to participate in such program.

(f) After the admissions process has been completed, all eligible youth shall be permitted to request access to educational services at any time during the period of their incarceration by following procedures established by the facility pursuant to the requirements of this Part.

(g) Whenever an eligible youth indicates his desire to access educational services during incarceration by following the facility's procedures for requesting to participate in the program, facility staff shall submit a request for such services to the school district in which the facility is located by the end of the next school day.

(h) Such request shall be made in writing and on a form prescribed by the State Education Department.

(i) Facility staff shall also forward a copy of such form to the State Education Department by the end of the next school day after the form has been completed.

(j) A copy of such completed form shall be placed and retained in each eligible youth's facility file.

(k) Pursuant to section 3202(7)(d) of the Education Law, each local correctional facility shall apprise each eligible youth upon release or discharge from the facility that further educational services may be available through the school district in which the youth resides or in which the youth is otherwise entitled to attend school.

(l) Whenever an eligible youth who is being released or discharged indicates the desire to access educational services after release or discharge, facility staff shall consult with the school district in which the facility is located, if necessary, to determine the school district in which such youth will be eligible to attend school after release or discharge.

(m) Within three school days after such eligible youth indicates the desire to access such services after release or discharge, facility staff shall notify in writing the appropriate school district that such youth has indicated he/she wishes to access educational services after release or discharge.

(n) Each local correctional facility shall maintain written records verifying that the specific procedures required in subdivisions (a)-(m) of this section have been completed.

(o) A written record concerning participation in the educational services program by eligible youth shall be maintained by facility staff in each local correctional facility.

(p) Such record shall include, but need not be limited to:

(1) the dates and times when educational services were provided;

(2) a daily list of all eligible youth participating in such services;

(3) the dates and times when educational services were restricted or denied due to an emergency situation pursuant to section 7070.7(c)(2) of this Part, including an explanation why such action was necessary; and

(4) a list of all eligible youth restricted or denied from participating in educational services pursuant to section 7070.7(c)(1) of this Part.

9 CRR-NY 7070.4

Current through July 31, 2021

End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.