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9 CRR-NY 7070.7NY-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 7070.7

7070.7 Restriction or denial of educational services.

(a) Eligible youth confined in special housing, admissions/orientation housing, and medical/mental health observation units shall not be denied access to educational services solely on the basis of their classification status.

(b) An eligible youth's participation in educational services shall not be restricted or denied as a result of such youth's involvement in a disciplinary matter unrelated to the youth's participation in the facility's educational program, except when such involvement demonstrates that the youth's presence in such program presents a clear threat pursuant to paragraph (c)(1) of this section.

(c) An eligible youth's participation in educational services may only be denied or restricted by the chief administrative officer under the following conditions:

(1) the chief administrative officer has determined that the presence of such youth in the educational program presents a clear threat to himself/herself, the safety of other inmates and/or the safety of educational or facility staff; or

(2) an emergency situation exists within the facility which temporarily prevents or significantly interferes with the delivery of such services.

(d) Whenever possible, prior to making a determination to restrict or deny educational services to an eligible youth pursuant to the requirements of paragraph (c)(1) of this section, the chief administrative officer shall discuss the matter with the youth's instructor(s).

(e) Any determination to restrict or deny an eligible youth's participation in educational services pursuant to paragraph (c)(1) of this section shall be made in writing.

(f) Such written determination shall include, but need not be limited to:

(1) the date of the determination;

(2) the name of the eligible youth affected;

(3) the date when services are to be denied and the date when services may be resumed, if applicable;

(4) the nature of and/or time period for any restriction of services;

(5) the specific facts and reasons underlying the decision;

(6) comments and/or recommendations made by the youth's instructor(s), if solicited; and

(7) the signature of the chief administrative officer.

(g) Whenever an eligible youth's participation in educational services is restricted or denied by the chief administrative officer pursuant to paragraph (c)(1) of this section, such youth shall be advised that at any time he/she may submit comments in writing to the chief administrative officer concerning this action.

(h) Whenever a determination is made to restrict or deny an eligible youth's participation in educational services pursuant to paragraph (c)(1) of this section, the chief administrative officer shall review such determination in writing within one school day and every school day thereafter while such restriction or denial is in effect.

(i) Such written review shall include, but need not necessarily be limited to, the following information:

(1) the date of the review;

(2) comments submitted by the eligible youth, if available;

(3) comments made by the youth's instructor(s);

(4) justification for either continuing the denial or restriction of such services or for permitting the youth to resume participation in the program;

(5) recommendations as appropriate; and

(6) the signature of the chief administrative officer.

(j) Copies of each determination and review made pursuant to this section shall be distributed as follows by the end of the next school day following the date of the determination or review:

(1) provided to each eligible youth;

(2) placed and retained in the youth's facility file;

(3) forwarded to the youth's instructor(s); and

(4) placed in and retained as part of the centralized record required by section 7075.6 of this Title.

9 CRR-NY 7070.7

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.