New York Consolidated Laws

N.Y. Correction Law § 136 (2026)

Correctional education

✓ current as of May 2026

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§ 136. Correctional education. 1. The objective of correctional
education in its broadest sense should be the socialization of the
incarcerated individuals through varied impressional and expressional
activities, with emphasis on individual incarcerated individual needs.
The objective of this program shall be the return of these incarcerated
individuals to society with a more wholesome attitude toward living,
with a desire to conduct themselves as good citizens, and with the skill
and knowledge which will give them a reasonable chance to maintain
themselves and their dependents through honest labor. To this end each
incarcerated individual shall be given a program of education which, on
the basis of available data, seems most likely to further the process of
socialization and rehabilitation. Provided that, the commissioner, in
consultation with the commissioner of education, shall develop a
curricula for and require provision of an education program to all
incarcerated individual, on a periodic basis, on the consequences and
prevention of shaken baby syndrome which may include the viewing of a
video presentation thereon. The time daily devoted to such education
shall be such as is required for meeting the above objectives. The
director of education, subject to the direction of the commissioner and
after consultation with the commissioner of education, shall develop the
curricula and the education programs that are required to meet the
special needs of each correctional facility in the department. The
commissioner of education, in cooperation with the commissioner and the
director of education, shall set up the educational requirements for the
certification of teachers in all such correctional facilities. Such
educational requirements shall be sufficiently broad and comprehensive
to include training in penology, sociology, psychology, philosophy, in
the special subjects to be taught, and in any other professional courses
as may be deemed necessary by the responsible officers, and shall
include training relating to the consequences and prevention of shaken
baby syndrome which may include the viewing of a video presentation
thereon. No certificates for teaching service in the state institutions
shall be issued unless a minimum of four years of training beyond the
high school has been secured, or an acceptable equivalent. Existing
requirements for the certification of teachers in the institutions shall
continue in force until changed pursuant to the provisions of this
section.
  2. All incarcerated individuals admitted to the department serving a
determinate term of imprisonment, or an indeterminate sentence of
imprisonment other than a sentence of life imprisonment without parole,
who have been evaluated upon admission pursuant to subdivision one of
section one hundred thirty-seven of this article and are determined to
be capable of successfully completing the academic course work required
for the test assessing secondary completion, shall be provided with the
opportunity to complete such course work at least two months prior to
the date on which such incarcerated individual may be paroled,
conditionally released, released to post-release supervision pursuant to
section 70.40 of the penal law, or presumptively released, pursuant to
section eight hundred three of this chapter. Upon admission to the
department, such incarcerated individuals will be provided with written
notice that the test assessing secondary completion programs are
available for all incarcerated individuals who so apply.
  3. The department shall ensure that academic education programs which
provide the appropriate curriculum and certified academic staff for the
test assessing secondary completion instruction are available at all
correctional facilities housing incarcerated individuals who are
eligible as specified in subdivision two of this section. The department
shall provide academic staff who are qualified to provide such
instruction and who are members of the competitive class of the civil
service of New York state. The department shall develop a plan for
implementation of the test assessing secondary completion requirement
which shall be presented to the assembly standing committee on
correction and the senate standing committee on crime victims, crime and
correction on or before April first, two thousand nineteen.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1983–2021 · leading case: Keitt v. New York City, 882 F. Supp. 2d 412 (S.D.N.Y. 2011).

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Keitt v. New York City, 882 F. Supp. 2d 412 (S.D.N.Y. 2011). “1995) (finding that N.Y. Corrections Law § 136 confers upon New York inmates a protected property interest in an educational program, which, on the basis of available data, seems most likely to further the process of socialization and rehabilitation, and granting summary…”

Handberry v. Thompson, 436 F.3d 52 (2d Cir. 2006). · cites it 2× “Many courts, however, have interpreted a similar statute that governs educational services for adults in prisons! N.Y. Correction Law § 136 provides in relevant part: The objective of correctional education in its broadest sense should be the socialization of the inmates .”

Clarkson v. Coughlin, 898 F. Supp. 1019 (S.D.N.Y. 1995). · cites it 2× “Plaintiffs argue that New York law also endows inmates with a protected property interest in receiving a program of education. The statute provides, in relevant part: “[E]ach inmate shall be given a program of education which, on the basis of available data, seems most likely to…”

Eiseman v. State, 511 N.E.2d 1128 (NY 1987). “To this end, the value of education — both as an escape from society’s underclass, and as a benefit to the public generally— is apparent (see, Correction Law § 136; 1969 McKinney’s Session Laws of NY, at 2579).”

Allah v. Coughlin, 190 A.D.2d 233 (N.Y. App. Div. 1993). · cites it 3× “As to the question of the legality of the imposition of a $25 high school equivalency examination fee, petitioners urge that the rule is in contravention of Correction Law § 136, which entitles inmates to an education, and in conflict with the authority of the Department of…”

Handberry v. Thompson, 446 F.3d 335 (2d Cir. 2006). · cites it 2× “N.Y. Correction Law § 136 provides in relevant part: The objective of correctional education in its broadest sense should be the socialization of the inmates .”

Lane v. Reid, 575 F. Supp. 37 (S.D.N.Y. 1983). “Plaintiff alleges that Fish-kill’s policy requiring full-time college students to work on a part-time basis deprived him of a statutory right without due process of law.”

Wright v. Coughlin, 31 F. Supp. 2d 301 (W.D.N.Y. 1998). “Although N.Y.Correct.Law § 136 (McKinney 1987 & Supp.”

Tripathy v. Schneider (W.D.N.Y. 2021). · cites it 2× “Correction Law § 136 ! does not confer a property or liberty interest in an educational or any other type of program.”

Jackson v. Coughlin, 156 Misc. 2d 975 (N.Y. Sup. Ct. 1993). “One of the goals of the Department of Correctional Services is to provide education to inmates (Correction Law § 136). Hopefully, one of the goals of public education is also to educate.”

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