Senator Charles J. Fuschillo, Jr. announced recently that the New York State Senate gave final approval to legislation (S.7814) to conform state law to the federal "No Child Left Behind Act of 2001" (NCLB) and protect over $1 billion in federal education funding.

The federal act requires states to address the provision of supplemental education services for children in low-performing schools; providing students attending schools identified as "dangerous" the option to attend a "safe" school; and the suspension of pupils who bring a firearm to, or possess a firearm at school. States failing to comply with the federal NCLB at the beginning of the 2002-03 school year face the loss of federal education funding which, in New York State's case, would equal $1.6 billion.

"This is an important piece of legislation, not only from the funding aspect, but because it will ensure that all children have the opportunity to receive a quality education at a safe school facility," Fuschillo of the Senate Education Committee said. "The agreement among the senate, governor and assembly on this bill represents an important achievement for education in New York State."

The legislation approved today will:

* allow the State Education Department to approve providers of supplemental education services and to revoke the approval if a provider is proven ineffective. While New York State currently has a system for identifying and improving low-performing schools, under NCLB, the parents of children in low-performing schools may request supplemental services from the school district. These services can include those provided by private institutions in addition to nonprofit and religious providers or programs currently offered through the school district or BOCES that are provided outside of regular school hours. NCLB requires that school districts obtain from the State Education Department a list of approved providers in the area to offer to parents requesting such services:

* allow the state education commissioner to define "persistently dangerous public elementary or secondary school" for the purposes of compliance with the provisions in NCLB that are scheduled to take effect in the 2002-03 school year. Students in such schools as well as victims of violent crimes are given the option to attend a "safe school" within the same school district (this would include attendance at a Charter School). The commissioner will be required to annually update the list of dangerous schools, which will be based on data collected through the uniform violent incident reporting system over a period of not less than two years but to be specified in regulations. School districts labeled as dangerous will also have to develop a notification system for parents and students of their right to transfer unless there is no other school transfer to within the district; and

* provide language that is required to conform New York's statute to the federal Gun Free Schools act, specifically by amending state law references to "weapon" to "firearm," which is currently federal law.

The legislation will now be delivered to Governor George Pataki to be signed into law.

Senator Fuschillo announced recently that the New York State Senate passed a resolution supporting the United States Justice Department in its call for the rehearing of a decision by 9th U.S. Circuit Court of Appeals that declared the Pledge of Allegiance unconstitutional.

On June 26, the 9th Circuit Court, taking issue with the content of the Pledge, specifically the words, "under God," ruled that it was an endorsement of religion. At the call of the US Justice Department, the case will be reheard by an 11-judge panel that will rule on its constitutionality.

The 9th Circuit Court's ruling applies only to Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington, but if upheld by the United States Supreme Court would apply to the entire nation. The Senate's resolution will be sent to Attorney General John Ashcroft as a measure of support for the call for rehearing the decision.

"The 9th Circuit's ruling works to take away an important piece of our heritage and an important piece of our unity," said Fuschillo. "The New York State Senate will stand behind the Justice Department to help ensure that does not happen."

Senator Fuschillo announced recently his success in securing a $5,000 grant for The Child Care Council of Nassau. The grant will be used by the council to expand program resources and offer support to day care centers.

"As a parent, I know there is nothing more important than getting the highest quality child care. It gives me great pleasure, as a member of the Children and Families Committee, to have won this grant for the Child Care Council so that they can continue providing their services for working parents and their children," said Fuschillo.

"We are grateful to Senator Fuschillo for his time and efforts in securing this grant. We look forward to connecting even more families with high quality child care," said Jan Barbieri, executive officer, The Child Care Council of Nassau.