9 NYCRR Part 7070 - Executive Department

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Source versions current through Mar 31, 2022 - Apr 15, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 7070.1 - Policy

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

In cooperation with the appropriate school district, each local correctional facility shall provide all eligible youth the opportunity to participate in educational services pursuant to section 3202(7) of the Education Law. Eligible youth are entitled to receive such educational services and shall be encouraged to become involved in an educational program provided by the school district so that they may obtain those skills and credentials necessary to function more productively both during incarceration and after release.

9 NYCRR 7070.2 - Definitions

Source version current through Mar 31, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-35-19-00002-A · Adopted rule
Related notice published: Feb 10, 2021
Related notice effective date: Feb 10, 2021

As used in this Part, the following definitions shall apply to the terms listed below:

(a)Eligible youth shall mean an inmate who:

(1)is under 21 years of age;

(2)has not received a high school diploma; and

(3)has been incarcerated in a local correctional facility for 10 or more calendar days or who, in the judgment of the chief administrative officer, can reasonably be expected to be incarcerated for a period of 10 or more calendar days.

(b)Educational services shall mean those services made available to an eligible youth by the school district in which each local correctional facility is located pursuant to section 3202(7) of the Education Law and 8 NYCRR 118.3 and 118.4. Such services shall include:

(1)an evaluation of each eligible youth to determine individual educational needs; and

(2)individual or small group instruction designed to meet the identified educational needs of each such youth.

(c)School day shall mean any day of the year when school is in session, excluding July and August, as determined by the school district in which each local correctional facility is located.

9 NYCRR 7070.3 - Facility/school district planning and coordination

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The chief administrative officer of each local correctional facility shall designate an individual who shall act as a liaison with education personnel and be responsible for coordinating the delivery of educational services to eligible youth within the facility pursuant to the requirements of this Part.

(b)The individual designated by the chief administrative officer pursuant to subdivision (a) of this section shall consult with the school district in which the facility is located to establish written policies and procedures for the delivery of educational services to eligible youth within the facility.

(c)At a minimum, such policies and procedures shall address the following issues:

(1)allocation and maintenance of classroom space within the facility which promotes safe and effective learning environments and accommodates the needs of education personnel and eligible youth;

(2)instructor orientation pursuant to the requirements of section 7070.5 of this Part;

(3)scheduling of instructional time for eligible youth participating in educational services;

(4)supervision of classroom areas by facility staff as deemed appropriate by the chief administrative officer while inmates are receiving educational instruction;

(5)procedures for escorting inmates to and from the program by facility staff;

(6)provision of a secure area within the facility for the storage of instructional materials, equipment and records, if education personnel or facility staff determine such an area is necessary;

(7)pursuant to section 3202(7)(d) of the Education Law, procedures for apprising eligible youth who are being released or discharged that further educational services may be available through the school district in which such youth reside or in which the youth are otherwise entitled to attend school;

(8)procedures for how the school district shall assist the facility to provide such information to eligible youth pursuant to 8 NYCRR 118.2;

(9)circumstances under which it is permissible for eligible youth to be absent from educational instruction;

(10)denial or restriction of eligible youth participation in educational services pursuant to the requirements of section 7070.7 of this Part;

(11)pursuant to the requirements of section 7070.7(a) and (b) of this Part, provision of educational services to eligible youth confined in special housing, admissions/orientation housing, and medical/mental health observation units; and

(12)delineation of specific facility and education staff roles and responsibilities concerning program implementation.

(d)A copy of the current written policies and procedures required pursuant to this section shall be provided to the school district in which each facility is located, and maintained on file within the facility.

9 NYCRR 7070.4 - Procedures for providing educational services to eligible youth

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(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 NYCRR 7070.5 - Instructor orientation

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Before education personnel provide instruction to eligible youth pursuant to the requirements of this Part, facility staff shall provide education personnel with a brief orientation program on facility policies and procedures.

(b)Such orientation program shall:

(1)provide education personnel with information and instructions concerning security procedures to be followed while they are in the facility;

(2)provide education and facility staff an opportunity to discuss and resolve issues related to program implementation; and

(3)be designed to facilitate delivery of the education program within the correctional setting.

9 NYCRR 7070.6 - Scheduling of instructional time

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Pursuant to 8 NYCRR 118.4(b), the program schedule within each local correctional facility shall provide a minimum of three hours of instructional time per student each school day.

(b)The scheduling of instructional time for educational services within each local correctional facility shall be determined in conjunction with education personnel from the school district in which the facility is located.

(c)Each local correctional facility's daily schedule of activities, programs and services shall be organized so that no eligible youth who participates in educational services at the facility is denied the opportunity to also participate in the following programs or services because of attendance at educational instruction:

(1)exercise, pursuant to Part 7028 of this Title;

(2)legal services, pursuant to Part 7039 of this Title;

(3)religious services, pursuant to Part 7024 of this Title;

(4)visitation, pursuant to Part 7008 of this Title; and

(5)health services, pursuant to Part 7010 of this Title.

9 NYCRR 7070.7 - Restriction or denial of educational services

Source version current through Apr 15, 2022

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Apr 15, 2022
Related Register notice: CMC-35-19-00002-A · Adopted rule
Related notice published: Feb 10, 2021
Related notice effective date: Feb 10, 2021

(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 NYCRR 7070.8 - Program continuity following transfer

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Whenever an eligible youth who has either requested to participate or is already participating in educational services is transferred to another local or State correctional facility, the chief administrative officer of the sending facility shall:

(1)notify the youth's instructor(s) by the end of the next school day following the youth's transfer; and

(2)if the form prescribed by the State Education Department has already been completed for the youth, provide the receiving facility with a copy of such form.

(b)During the admission of each such eligible youth to a receiving local correctional facility, facility staff shall complete the procedures specified in section 7070.4(a)-(e) of this Part.

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