II.

BRIEF HISTORY AND FUNDING OF EDUCATIONAL PROGRAMMING

Education programs for incarcerated youth and adults have only recently been formalized in county correctional facilities across the state. Prior to the enactment of laws making provision for educational services to incarcerated youth in 1986, education was sporadic and tended to occur only in the larger facilities. This is not to understate the contributions that those programs made to the young people who had access to education. Programming was sponsored by a number of different organizational entities including: local educational agencies, Boards of Cooperative Educational Services (BOCES), Literacy Volunteers of America affiliates (LVA), postsecondary institutions, and community–based organizations (CBOs).

LVA particularly contributed to these early programs by providing tutorial services in both county and State prisons in New York. A variety of instructional models were utilized by LVA. A common model was based in a local school district which had the responsibility for testing individuals. Those with low level reading skills were referred to LVA. Dedicated volunteers elected to provide services in correctional settings and contributed enormously to basic skills and English for speakers of other languages (ESOL) instruction for incarcerated youth and adults.

In early 1986, Chapter 683 of the Laws of New York State made provision for and formalized educational services to youth, ages 16–21, incarcerated in correctional facilities maintained by counties or by the City of New York. The regulatory authority, Part 118 of the Regulations of the Commissioner of Education (which implements Chapter 683), requires that school districts in which such correctional facilities are located provide educational services to youth who are under age 21 and have not received a high school diploma. Sixty school districts in which county correctional facilities are located are required to file an annual program plan for the approval of the Commissioner of Education.These districts were required to submit annual final reports until 1995. Legal and regulatory authority is presented in more detail in Chapter VIII.

Sustaining the Incarcerated Education Program is accomplished through a mix of funding sources. Incarcerated adults (over 21) who do not have a high school or equivalency diploma are eligible for program reimbursement under Employment Preparation Education (EPE) aid. On the other hand, youth (21 and under) are eligible under Chapter 683 for State aid through local education agencies (LEA) or BOCES.

Another funding source is Adult Education Act Section 326 funds of which 10 percent are set aside for incarcerated and institutionalized adults. Also, Vocational and Applied Technology Education Act (VATEA) funds are available for occupational training. Finally, funds under Chapter I, for neglected and delinquent youth (16–17), are available to supplement established education programs under Chapter 683.

Job Corps, administered by the United States Department of Labor, also provides a significant resource to incarcerated youth and adults, ages 16–24. Under an agreement between the U.S. Department of Labor and the New York State Education Department, Job Corps has agreed to provide priority bedding to offenders who have been screened and recommended for assignment from a county correctional facility. Education and jail staff have been trained in screening and admission procedures for Job Corps. In addition, staff of CBOs, Legal Aid Society, and Parole and Probation have also been trained in issues related to Job Corps as an alternative to incarceration (ATI).

Once offenders have been assigned to a particular Job Corps, follow–up on their status occurs, often, in person. Several Job Corps sites have flexibility in the range of services they provide. For example, the Oneonta Job Corps admits mothers with up to two children from ages 12 months to four years for apartment lodging. Day–care facilities for children are provided while their mothers attend school. Day care is also provided at Job Corps sites that have nonresidential components, including the Brooklyn Gateway Job Corps and the South Bronx Job Corps Center (both affiliated with the New York City Board of Education).