New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7677
Executive Department
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12 sections
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9 NYCRR 7677.1 - Policy
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
The department shall develop and provide a comprehensive academic education program that is accessible to all inmates and designed to meet the needs of the inmate population. The department shall encourage inmate participation in this program so that inmates may obtain those educational skills and credentials that are necessary to function more productively and responsibly both during incarceration and after release.
9 NYCRR 7677.2 - Applicability
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
The requirements of this Part shall apply to all maximum and medium security facilities except facilities or portions of facilities used as reception centers, residential treatment facilities, work release or temporary release facilities.
9 NYCRR 7677.3 - Departmental policies and procedures
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
The department shall develop and implement written policies and procedures governing the operation of its system-wide academic education program which meet the requirements of this Part and Part 7605 of this Chapter.
9 NYCRR 7677.4 - Required program components
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)At a minimum, the department's academic education program shall extend from basic literacy training through secondary education.
(b)The educational program shall include, but is not limited to, the following components:
(1)adult basic education, including instruction in functional social skills;
(2)instruction as required for completion of the general education development (GED) test leading to a high school equivalency diploma;
(3)special education for inmates identified as having an educationally handicapping condition(s) and/or special learning needs; and
(4)bilingual programs designed to meet the needs of the department's limited and non-English speaking inmate populations.
(c)The design and implementation of curricula for adult basic education programs and instruction as required for completion of the GED test leading to a high school equivalency diploma shall be standardized at all correctional facilities.
(d)The department shall develop and implement a system of incentives which are designed to encourage functionally illiterate, non-English speaking and learning handicapped inmates to enroll and remain in academic education programs.
(e)Each facility shall provide a minimum of five hours of actual classroom instruction time each weekday for academic education programs.
(f)Academic education programs shall be developed so that they are:
(1)integrated with and provide necessary skills instruction for the vocational programs offered at each facility; and
(2)realistic and relevant to the needs and requirements of the current labor market.
(g)All academic education programs up to the and including GED completion shall be available at no cost to all inmates.
(h)Inmate participation and progress in alternative academic education programs which are offered by the department and provided outside traditional classroom settings shall be monitored by qualified academic education personnel.
(i)The department shall ensure that qualified inmates are made aware of all post-secondary opportunities available to them and sources where assistance can be obtained in applying to post-secondary institutions and for available education funding.
9 NYCRR 7677.5 - Consultation with the State Education Department
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
The department's academic education programs and curricula shall be developed after consultation with the State Education Department.
9 NYCRR 7677.6 - Program accessibility
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)During facility reception and orientation, each inmate shall receive the following information concerning the department's academic education program.
(1)the types of academic education programs offered at the facility;
(2)eligibility requirements; and
(3)procedures for requesting to participate in academic education programs.
(b)Following reception and orientation, all inmates shall periodically receive current information about existing academic education programs at the facility and at other department facilities.
(c)Each inmate shall have the opportunity to participate in those academic education programs offered at the facility for which he/she is eligible.
(d)The academic education program shall provide for flexible scheduling to encourage maximum inmate participation.
(e)Inmates in segregation or who are otherwise unable to attend instruction in a classroom shall not be denied access to educational opportunities. These inmates shall be provided the opportunity to pursue academic education through alternative programs offered by the department outside traditional classroom settings.
9 NYCRR 7677.7 - Qualifications for teaching personnel, education counselors and volunteers
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)All academic education teaching personnel employed by the department shall meet the certification requirements or other required experience established by the Department of Civil Service or other applicable laws.
(b)The educational guidance and counseling functions required pursuant to this Part shall only be performed by qualified education counselors.
(c)All inmates and community volunteers who assist or tutor in departmental academic education programs shall be selected and monitored by academic education personnel.
9 NYCRR 7677.8 - Student assessment and evaluation
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)As soon as practicable following reception into the department, each inmate shall undergo assessments in his/her dominant language in order to identify educational needs and interests.
(b)At a minimum, such assessments shall determine:
(1)IQ level;
(2)achievement test levels in reading and mathematics;
(3)oral proficiency in English for speakers of other languages;
(4)language dominance; and
(5)educationally handicapping conditions or special learning needs which may require special education placement.
(c)Following such assessments, all inmates shall be recommended for placement in appropriate academic education programs.
(d)Teaching personnel shall evaluate all inmates participating in academic education programs at regular intervals as prescribed by the department in order to determine their progress.
(e)Education counselors shall:
(1)monitor the progress of all inmates participating in academic education programs;
(2)maintain written records documenting such progress;
(3)recommend adjustments in programming when necessary; and
(4)meet with inmates as needed to discuss program participation and progress.
9 NYCRR 7677.9 - Training
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Prior to teaching in a facility, all academic education teaching personnel employed by the department shall receive an orientation to the correctional setting, the field of correctional education and the department's written policies and procedures on academic education.
(b)In-service training for academic education personnel shall be conducted as necessary, but at least annually.
(c)Prior to assuming their responsibilities, all inmates and community volunteers who assist or tutor in departmental academic education programs shall receive appropriate training from academic education personnel.
9 NYCRR 7677.10 - Staffing, program space, resources and materials
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)The staffing levels for teaching personnel and education counselors in each facility shall be adequate to meet the department's stated goals and objectives and the requirements of this Part.
(b)The department shall establish a student/teacher ratio for each class which meets the demands of the programs taught.
(c)The department shall design and provide adequate appropriate classroom space at each correctional facility.
(d)Academic education personnel shall be furnished with an adequate supply of those materials, resources and specialized equipment the department deems necessary for an effective academic education program.
9 NYCRR 7677.11 - Education records
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
The department shall develop and implement a recordkeeping system which provides for the accurate and up-to-date documentation of the performance and achievement of each inmate participating in the academic education program.
9 NYCRR 7677.12 - Program evaluation and revision
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)The department shall conduct an annual needs assessment of the inmate population which identifies educational needs. The findings of the needs assessment shall be documented in writing.
(b)A written evaluation of the academic education program and each of its components shall be conducted by the department as necessary, but at least annually.
(c)Such evaluation shall:
(1)examine the department's progress in meeting stated goals and objectives;
(2)describe program strengths and weaknesses at each facility;
(3)present staff and inmate views of the program; and
(4)offer recommendations and strategies for future developments and direction.
(d)The department shall document in writing the dates of such evaluations and the person(s) responsible for conducting them.
(e)The department shall design and implement a systematic curricula development and revision process for all departmental academic education programs which addresses the current identified needs of the inmate population and the findings of the annual program evaluation required pursuant to this section.