Requires the notification in writing of discharge or transfer of minors from attendance upon instruction and the reporting of such data to the legislature

4 Co-sponsors

• Ruben Diaz
• Thomas K. Duane
• Shirley L. Huntley
• John L. Sampson

Title of bill

An act to amend the education law, in relation to notification of discharge from attendance upon instruction

Purpose

The purpose of this legislation is to collect more detailed data for an accurate picture of student discharges.

Summary of provisions

Section 3211(4) is amended to require principals to give additional information to the city or district school authorities of the discharge or transfer of students. The information will contain a clear breakdown of all discharges and dropouts for students age 21 and under, the reasons they left the public school system, a demographic and racial breakdown, the number enrolled in GED programs, the number of ELL students and special education students that were discharged, and what support or services were offered before discharge.

A new subdivision 5 is added to require that all school districts submit this data to the State Education Department. The State Education Department will provide a report to the legislature by November 30 of each year that compiles the information submitted.

Existing law

Section 3211(4) requires principals of a school to give prompt notification in writing to city or district school authorities of the discharge or transfer of any minor from attendance upon instruction, stating the date of discharge, its cause, the name of the minor, his/her date of birth, his/her place of residence prior to and following discharge and the name of the parent or guardian.

Justification

Recent studies have shown that an alarming number of students are leaving schools without graduating. A study done by Betsy Gotbaum, Public Advocate for the City of New York and the Advocates for Children of New York shows that in the school year 2000-2001, 55,000 students were discharged as compared to 14,549 students who dropped out. Adult literacy programs have reported an increase of 30%-40% in I 6 and 17 year old students applying for GEDs. A study conducted in 2001 for the New York State Education Finance Resource Consortium found that in order to keep performance levels up, principals across the state were employing a variety of strategies to "push" at-risk or low performing students out of school and into GED programs.

A combination of factors may explain this, including: budget cuts, more stringent graduation standards; the No Child Left Behind Act, and merit pay for principals with successful schools. The New York State Regents have raised the bar for high school graduation and the No Child Left Behind Act has raised the stakes considerably higher, putting more pressure on superintendents and principals to meet higher standards. Schools that do not meet the higher standards are considered low performing schools and are at risk of being taken over and reorganized.

We want all students to be able to attain the standards the New York State Regents have set and the No Child Left Behind Act has required. At-risk students and low performing students need to be provided with the support and services necessary for them to accomplish these goals. The alarming number of students being discharged makes it clear that additional data needs to be gathered in order to develop programs and solutions so that all of our children are given every opportunity to graduate from high school.

Legislative history

2007-2008: S.4762 Died in Committee 2005-2006: S.1798 Died in Committee 2003-2004: S.4222 Died in Committee

Fiscal implications

Minimal.

EFFECTIVE. DATE : This act shall take effect immediately.