S T A T E O F N E W Y O R K
________________________________________________________________________
4008--A
2013-2014 Regular Sessions
I N S E N A T E
March 4, 2013
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Introduced by Sens. FLANAGAN, FELDER, MONTGOMERY -- (at request of the
State Education Department) -- read twice and ordered printed, and
when printed to be committed to the Committee on Higher Education --
recommitted to the Committee on Higher Education in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to continuing early
college high school programs in the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby finds and
declares it necessary to preserve and continue early college high school
programs in the state that provide various students, including those
traditionally underrepresented in post-secondary education, with the
opportunity to access college-level courses and college degree credits
at the high school level with the combined support of high school and
college staff and resources. The early college high school program not
only increases these students' access to higher education, but also
reduces potential costs for these students in completing college degrees
by allowing them to either complete a degree upon graduation from high
school or to apply their earned college credits towards an Associate's
or Baccalaureate's degree. This innovative program provides incentives
to high school students to proceed to college and to earn a college
degree by accelerating their overall completion of such a degree. It
also better prepares them for college-level coursework, which, will in
turn, increase their academic performance. Ultimately, this program
increases graduation rates both at the high school and college levels.
The legislature hereby finds and declares it necessary to provide
funding for these schools to ensure that they continue in operation and
continue to provide students with these valuable services. Although
early college high schools are public high schools, the cost of provid-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07966-02-4
S. 4008--A 2
ing college-level courses, including the costs of instruction at a part-
nering college and college-level books and materials, exceeds the costs
of a traditional public school. At the same time, the legislature recog-
nizes that accelerating the completion of a student's college degree at
the high school level will result in a student requiring less tuition
assistance funds (TAP) to complete their degree at the post-secondary
level. Therefore, these schools ultimately result in significant cost-
savings to TAP funds. Furthermore, given these students' increased
preparedness for post-secondary education, which should, in turn, equate
to enhanced academic performance in school, they are a great investment
of TAP funds.
S 2. The education law is amended by adding a new section 667-d to
read as follows:
S 667-D. SUPPLEMENTAL TUITION ASSISTANCE AWARDS FOR EARLY COLLEGE HIGH
SCHOOL PROGRAMS. 1. NOTWITHSTANDING ANY RULE, REGULATION, OR LAW TO THE
CONTRARY, THE PRESIDENT SHALL BE AUTHORIZED TO MAKE ANNUAL TUITION
ASSISTANCE PROGRAM AWARDS TO APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAMS
IN THE STATE THAT OPERATE APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAMS ON
BEHALF OF ELIGIBLE STUDENTS ENROLLED IN SUCH PROGRAMS.
2. FOR PURPOSES OF THIS SECTION:
(A) "APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAMS" MEANS AN EARLY
COLLEGE HIGH SCHOOL PROGRAM, APPROVED BY THE COMMISSIONER IN ACCORDANCE
WITH THE REGULATIONS OF THE COMMISSIONER, WHICH PROVIDES ELIGIBLE
STUDENTS ENROLLED IN SUCH PROGRAM WITH HIGH SCHOOL COURSES LEADING TO
THE GRANTING OF A HIGH SCHOOL DIPLOMA AND COLLEGE-LEVEL COURSES LEADING
TO THE GRANTING OF A POST-SECONDARY DEGREE OR DIPLOMA AT A PARTNERING
COLLEGE APPROVED BY THE DEPARTMENT;
(B) "EARLY COLLEGE HIGH SCHOOL" MEANS A PUBLIC HIGH SCHOOL THAT OFFERS
AN APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAM TO ITS STUDENTS; AND
(C) "ELIGIBLE STUDENT" MEANS A STUDENT WHO:
(I) IS A RESIDENT OF THE SCHOOL DISTRICT IN WHICH THE EARLY COLLEGE
HIGH SCHOOL IS LOCATED AND IS ENROLLED IN SUCH SCHOOL DISTRICT;
(II) IS REGISTERED TO ATTEND THE ELEVENTH OR TWELFTH GRADE AT SUCH
HIGH SCHOOL FOR THE ACADEMIC YEAR IN WHICH THE TUITION ASSISTANCE AWARD
IS BEING SOUGHT;
(III) WAS ELIGIBLE TO RECEIVE FREE OR REDUCED PRICE LUNCH IN ONE OF
THE TWO PRECEDING SCHOOL YEARS; AND
(IV) IS EITHER MATRICULATED IN AN APPROVED PROGRAM LEADING TO THE
GRANTING OF A POST-SECONDARY DEGREE OR DIPLOMA, OR WHO HAS DEMONSTRATED
TO THE SATISFACTION OF THE COMMISSIONER THE ABILITY TO COMPLETE
COLLEGE-LEVEL COURSEWORK IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS
SECTION;
(D) "EXCESS COST PER STUDENT" MEANS THE ADDITIONAL COST OF PROVIDING
AN ELIGIBLE STUDENT WITH COLLEGE-LEVEL COURSE WORK, AS DETERMINED BY THE
COMMISSIONER IN ACCORDANCE WITH A METHODOLOGY PRESCRIBED BY THE COMMIS-
SIONER.
3. THE PRESIDENT SHALL MAKE TUITION ASSISTANCE PROGRAM AWARDS TO
APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAMS IN THE FOLLOWING MANNER:
COMMENCING WITH THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN ACADEMIC
YEAR, AN APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAM MAY APPLY TO THE
CORPORATION FOR AN ANNUAL TUITION ASSISTANCE PROGRAM AWARD IN AN AMOUNT
NOT TO EXCEED THE PRODUCT OF:
THE TOTAL NUMBER OF ELIGIBLE STUDENTS ENROLLED IN THE APPROVED EARLY
COLLEGE HIGH SCHOOL PROGRAM AND THE EXCESS COST PER STUDENT.
4. A STUDENT SHALL BE CONSIDERED A STUDENT WITH THE ABILITY TO
COMPLETE COLLEGE-LEVEL COURSEWORK IF HE OR SHE MEETS AT LEAST TWO
S. 4008--A 3
REQUIREMENTS PRESCRIBED BY THE COMMISSIONER IN THE REGULATIONS OF THE
COMMISSIONER, WHICH SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE
FOLLOWING:
(A) THE STUDENT HAS SUCCESSFULLY COMPLETED A SPECIFIED NUMBER OF HOURS
OF COLLEGE-LEVEL INSTRUCTION AT AN APPROVED PARTNERING COLLEGE, AS
DETERMINED BY THE COMMISSIONER;
(B) THE STUDENT HAS OBTAINED A TEST SCORE OF AT LEAST THE EIGHTIETH
PERCENTILE ON ALL REGENTS EXAMINATIONS ADMINISTERED TO SUCH STUDENT IN
THE NINTH AND TENTH GRADES; AND
(C) THE STUDENT HAS DEMONSTRATED THE ABILITY TO COMPLETE COLLEGE-LEVEL
COURSEWORK THROUGH HIGH SCHOOL LEVEL COURSEWORK IN MATHEMATICS, ENGLISH
AND SCIENCE, INCLUDING TESTS, HOMEWORK, AND LAB WORK.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE PAYMENT OF A TUITION ASSISTANCE AWARD PURSUANT TO THIS
SECTION ON BEHALF OF AN ELIGIBLE STUDENT SHALL NOT BE CONSTRUED TO LIMIT
THE AMOUNT OR DURATION OF A TUITION ASSISTANCE PROGRAM AWARD AVAILABLE
TO ANY SUCH STUDENT.
6. AN APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAM SHALL NOT OTHERWISE
BE SUBJECT TO THE REQUIREMENTS FOR RECEIVING PAYMENT ON A TUITION
ASSISTANCE PROGRAM AWARD PURSUANT TO THIS ARTICLE.
S 3. This act shall take effect immediately, provided that if this act
shall have become a law on or after July 1, 2014, it shall be deemed to
have been in full force and effect on and after July 1, 2014.