VIII. MANDATES

In planning and implementing education programs for incarcerated youth and adults, keep in mind that there are several legal mandates which relate both to programming in the correctional facility and to constraints during the transition phase. Each of these is discussed here.

New York State Laws Pertaining to Education in Correctional Facilities

There are several mandates related to incarcerated youth and adults which guide and support the incarcerated education program in its operation. Chapter 683 of the Laws of 1986 makes provision for educational services for youth (16–21) incarcerated in correctional facilities maintained by counties or by the City of New York. The Commissioner of Education’s regulations implementing Chapter 683 (Part 118) require that school districts, where the correctional facilities are located, provide educational services to youth who are under age 21 and do not have a high school diploma.

These educational services can be provided directly by school districts or contracted to another district or BOCES. State aid is paid to the school districts for administering this program. The incarcerated youth’s school district of residence reimburses the SED for the cost of the youth’s education. Incarcerated adults over age 21 are eligible under Employment Preparation Education (EPE), the State aid formula for adult education.

In carrying out these mandated educational programs for incarcerated youth, there are a number of requirements related to planning and program reports. The requirements include:

• Planning – Each school district providing educational services to incarcerated youth is required to submit a plan, along with a projected budget, for the approval of the Education Commissioner by July 15 of each year.
• Educational Program Requirements – The school district must conduct an evaluation to provide an instructional program which meets the needs of each youth. In designing the instructional program, other information including data from schools previously attended by the student and the student’s presentencing report may also be used. The outcome of the instruction should be to increase a student’s level of achievement in reading, mathematics, and written and oral communication. In addition to basic skills, skills most likely to be beneficial to the student upon returning to the community should be emphasized. Activities should be aimed at: (1) preparation to pass the GED or tutoring in regular high school courses for students expected to return to their school district of residence and/or (2) preparation to qualify for training or employment opportunities.
• Notifications and Reports – The school district is still asked to file with the Education Commissioner an annual program report about programs and services provided in the previous program year, along with a final budget report.

For more detailed information on the legislative and regulatory requirements for the provision of educational services to incarcerated youth, contact the Office of Workforce Preparation and Continuing Education, (518) 474–8700, and ask for the document entitled Overview: New York State’s Mandated Educational Programs for Incarcerated Youth.