S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7921

                            I N  S E N A T E

                              May 25, 2016
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN ACT to amend the education law, in relation to continuing  the  early
  college  high  school  program  and  the  pathways in technology early
  college high school program in this state; and making an appropriation
  therefor

  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 the New York state  early
college high school program and the New York state pathways in technolo-
gy  early  college  high  school  program (P-TECH program) in this state
which provide various students, including those traditionally  underrep-
resented  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, and for P-TECH programs, career training and employment in  a
highly skilled job upon completion of the program.
  The  early  college  high  school program not only increases students'
access to  higher  education,  but  also  reduces  potential  costs  for
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  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, especially for academically at-risk
students.
  The P-TECH program, through  a  public-private  partnership,  prepares
thousands  of  New  York  students  for high-skill jobs of the future in
technology, manufacturing, healthcare and finance.  The  P-TECH  program
provides  students  with  a rigorous, relevant and cost-free high school

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15604-01-6

S. 7921                             2

and college education and a workplace learning environment with  ongoing
mentoring by professionals in the chosen career sector to better prepare
these  students  for successful careers. Students also receive a commit-
ment  from  the participating employer to be first in line for consider-
ation for a job following completion of the  program.  Ultimately,  this
program  increases  graduation rates both at the high school and college
levels and provides essential career training for academically  at-risk,
disadvantaged  students,  which  at  the completion of the program leads
these students to a skilled job.
  The legislature hereby finds and  declares  it  necessary  to  provide
funding for these programs to ensure that they continue in operation and
continue to provide students with these valuable services.
  The  legislature also finds and declares it necessary to provide addi-
tional funding for the state  education  department  to  administer  and
evaluate these critical programs. These funds will support program staff
to  supplement  the  oversight already being provided to these programs,
and ensure the timely and accurate analysis of data to  further  enhance
and validate these programs.
  S 2. The education law is amended by adding a new section 6457 to read
as follows:
  S  6457.  GRANT  AWARDS  FOR  NEW YORK STATE EARLY COLLEGE HIGH SCHOOL
PROGRAMS. 1. SUBJECT TO AN APPROPRIATION, THE COMMISSIONER  SHALL  ALLO-
CATE  FUNDS  AVAILABLE  FOR  EARLY  COLLEGE HIGH SCHOOL PROGRAMS FOR THE
PURPOSES OF INCREASING HIGH SCHOOL  GRADUATION  RATES  FOR  ACADEMICALLY
AT-RISK, DISADVANTAGED AND/OR ECONOMICALLY DISADVANTAGED STUDENTS AND TO
INCREASE  THEIR  PARTICIPATION  IN  POST-SECONDARY  EDUCATION  THROUGH A
NETWORK OF EARLY COLLEGE HIGH SCHOOL PARTNERSHIPS IN THE STATE.
  2. FOR THE PURPOSES OF THIS SECTION:
  A. "APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAM" MEANS A  FORMAL  PART-
NERSHIP BETWEEN A SCHOOL DISTRICT AND AT LEAST ONE INSTITUTION OF HIGHER
EDUCATION,  APPROVED  BY  THE  COMMISSIONER IN ACCORDANCE WITH THE REGU-
LATIONS OF THE COMMISSIONER AND THE REQUEST FOR PROPOSALS PROCESS, 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  AT  LEAST  TWENTY-FOUR
COLLEGE  CREDITS  AND  UP  TO  A POST-SECONDARY DEGREE OR DIPLOMA FROM A
PARTNER INSTITUTION OF HIGHER EDUCATION AT NO COST  TO  THE  STUDENT  OR
STUDENT'S FAMILY.
  B.  "EARLY COLLEGE HIGH SCHOOL" MEANS A PUBLIC HIGH SCHOOL THAT OFFERS
AN APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAM TO ITS STUDENTS;
  C. "ELIGIBLE APPLICANT" MEANS A NEW YORK STATE SCHOOL DISTRICT WITH AN
APPROVED EARLY  COLLEGE  HIGH  SCHOOL  PROGRAM  WHICH  PARTNERS  WITH  A
NOT-FOR-PROFIT  HIGHER  EDUCATION  INSTITUTION  TO  OFFER  COLLEGE-LEVEL
COURSES LEADING TO THE GRANTING OF AT LEAST TWENTY-FOUR COLLEGE  CREDITS
AND UP TO A POST-SECONDARY DEGREE OR DIPLOMA;
  D. "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; AND
  (II) IS REGISTERED TO ATTEND SUCH HIGH SCHOOL FOR THE  ACADEMIC  YEARS
FOR WHICH THE GRANT AWARD IS BEING SOUGHT.
  3.  MONIES  MADE  AVAILABLE  UNDER THIS SECTION SHALL BE SPENT FOR THE
FOLLOWING PURPOSES AS FURTHER PRESCRIBED  BY  THE  COMMISSIONER  IN  THE
REQUEST FOR PROPOSALS PROCESS:
  A.  TO  PROVIDE  ADDITIONAL STAFFING FOR THE EARLY COLLEGE HIGH SCHOOL
PROGRAM, INCLUDING A PROGRAM DIRECTOR AND COLLEGE LIAISON;
  B. STUDENT RECRUITMENT ACTIVITIES;

S. 7921                             3

  C. TO PROVIDE PROFESSIONAL DEVELOPMENT TO PROMOTE  THE  EARLY  COLLEGE
HIGH  SCHOOL  PROGRAM,  INCLUDING  CROSS-CURRICULUM  DEVELOPMENT BETWEEN
SECONDARY AND POST-SECONDARY EDUCATION  PARTNERS  TO  ENSURE  CURRICULUM
ALIGNMENT  THAT  PREPARES  STUDENTS  TO SUCCEED IN COLLEGE LEVEL COURSES
WHILE IN HIGH SCHOOL;
  D.  ACADEMIC  AND SOCIAL SUPPORT SERVICES TO PROMOTE COLLEGE READINESS
AND A COLLEGE-GOING CULTURE;
  E. TRANSPORTATION FOR STUDENTS TO  TAKE  COURSES  AND  PARTICIPATE  IN
ACTIVITIES AT THE PARTNER CAMPUS OF THE HIGHER EDUCATION PARTNER; AND
  F.  TUITION,  BOOKS AND FEES; PROVIDED HOWEVER THAT TUITION REIMBURSE-
MENT SHALL ONLY BE ALLOWABLE FOR  NON-REMEDIAL,  CREDIT-BEARING  COLLEGE
COURSES.
  4.  THE  COMMISSIONER  SHALL MAKE AWARDS TO ELIGIBLE APPLICANTS FOR AN
APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAM THROUGH A COMPETITIVE REQUEST
FOR PROPOSALS PROCESS. THE FUNDING CYCLE FOR THIS PROGRAM SHALL  BE  FOR
FIVE YEARS COMMENCING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVEN-
TEEN  ACADEMIC YEAR, WITH A NEW GRANT CYCLE COMMENCING EVERY FIVE YEARS.
THE PROGRAM CYCLE SHALL BE SEPTEMBER FIRST TO AUGUST THIRTY-FIRST  ANNU-
ALLY.
  A. THE COMMISSIONER SHALL PRIORITIZE PARTNERSHIPS THAT DEMONSTRATE THE
WILLINGNESS  AND  CAPACITY TO SERVE STUDENTS WHO HAVE BEEN IDENTIFIED AS
ECONOMICALLY DISADVANTAGED AND/OR ACADEMICALLY AT-RISK FOR NOT  SUCCESS-
FULLY  COMPLETING  HIGH  SCHOOL  OR  NOT  ENROLLING  IN OR SUCCEEDING IN
COLLEGE.
  B. PRIORITY SHALL ALSO BE GIVEN TO EARLY COLLEGE HIGH SCHOOL  PROGRAMS
THAT  WERE  FUNDED BY THE DEPARTMENT UNDER A PRIOR REQUEST FOR PROPOSALS
PROCESS, BASED UPON DEMONSTRATION  OF  SUCCESSFUL  STUDENT  OUTCOMES  AS
DETERMINED BY THE COMMISSIONER IN REGULATIONS.
  5. ELIGIBLE INSTITUTIONS SHALL FILE AN APPLICATION FOR APPROVAL BY THE
COMMISSIONER  IN  A TIMEFRAME AND MANNER PRESCRIBED BY THE COMMISSIONER,
DEMONSTRATING A NEED FOR SUCH FUNDING, INCLUDING HOW THE  FUNDING  WOULD
BE  USED  AND  HOW  MANY  STUDENTS  WOULD BE ASSISTED WITH SUCH FUNDING.
SUCCESSFUL APPLICANTS WILL BE FUNDED AS PROVIDED IN ACCORDANCE WITH  THE
REQUEST FOR PROPOSALS PROCESS.
  6.  NO  FUNDS  PURSUANT  TO  THIS  SECTION  SHALL BE MADE AVAILABLE TO
SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY  INSTITUTION  PARTICIPATING
IN  THIS  PROGRAM,  NOR  SHALL  FUNDS BE PROVIDED FOR PROGRAMS WHICH ARE
INCOMPATIBLE WITH THE REGENTS PLAN FOR THE EXPANSION AND DEVELOPMENT  OF
HIGHER EDUCATION IN THIS STATE.
  S 3. The education law is amended by adding a new section 6458 to read
as follows:
  S  6458.  GRANT  AWARDS  FOR PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH
SCHOOL (P-TECH) PROGRAMS. 1. SUBJECT TO AN  APPROPRIATION,  THE  COMMIS-
SIONER  SHALL  ALLOCATE  THE FUNDS AVAILABLE FOR P-TECH PROGRAMS FOR THE
PURPOSES OF PREPARING ELIGIBLE ACADEMICALLY AT-RISK AND/OR  ECONOMICALLY
DISADVANTAGED STUDENTS FOR HIGH-SKILL JOBS INCLUDING, BUT NOT LIMITED TO
THOSE IN SCIENCE, TECHNOLOGY, ENGINEERING, MANUFACTURING, HEALTHCARE AND
FINANCE  THROUGH  A SIX-YEAR ACADEMIC PROGRAM THAT COMBINES HIGH SCHOOL,
COLLEGE AND CAREER TRAINING.
  2. FOR THE PURPOSES OF THIS SECTION:
  A. "APPROVED PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH SCHOOL (P-TECH)
PROGRAM" MEANS A NEW YORK STATE P-TECH PROGRAM, APPROVED BY THE  COMMIS-
SIONER  IN  ACCORDANCE  WITH THE REGULATIONS OF THE COMMISSIONER AND THE
REQUEST FOR PROPOSALS PROCESS, 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

S. 7921                             4

A  POST-SECONDARY  DEGREE OR DIPLOMA AT A PARTNERING COLLEGE APPROVED BY
THE DEPARTMENT AND CAREER TRAINING WITH AN ELIGIBLE PARTNERING EMPLOYER;
  B.  "ELIGIBLE APPLICANT" MEANS A NEW YORK STATE SCHOOL DISTRICT, WHICH
MUST SERVE AS THE FISCAL AGENT. THE ELIGIBLE APPLICANT MAY WORK IN COOP-
ERATION WITH OTHER SCHOOL DISTRICTS, A BOARD OF COOPERATIVE  EDUCATIONAL
SERVICES,  OR  ANY COMBINATION OF THESE ENTITIES WITH A PARTNERSHIP THAT
INCLUDES:
  (I) ONE OR MORE NEW YORK STATE NOT-FOR-PROFIT HIGHER EDUCATION  INSTI-
TUTIONS  PROVIDED  THAT  AT  LEAST ONE INSTITUTION OFFERS AN ASSOCIATE'S
DEGREE (OR OTHER TWO-YEAR DEGREE THAT IS THE INDUSTRY STANDARD  FOR  THE
TARGETED  JOBS)  LINKED TO THE GOALS OF THE APPROVED P-TECH PROGRAM, AND
WHICH AWARDS THE DEGREE AT NO COST TO THE STUDENT/FAMILY; AND
  (II) A REGIONAL NEW YORK STATE EMPLOYER (OR  CONSORTIUM  OF  EMPLOYERS
FROM  RELATED  SECTORS) AND/OR INDUSTRY/ENTITY/ASSOCIATION THAT REQUIRES
HIGHLY SKILLED EMPLOYEES WHICH WILL UTILIZE  THE  KNOWLEDGE  AND  SKILLS
OBTAINED  FROM  THE SECONDARY AND POST-SECONDARY PROGRAMS PROPOSED UNDER
THE APPLICATION AND AGREES TO PLACE STUDENTS WHO  SUCCESSFULLY  COMPLETE
THE PROGRAM FIRST IN LINE FOR A JOB; AND
  C. "ELIGIBLE STUDENT" MEANS A STUDENT WHO:
  (I) IS A RESIDENT OF THE SCHOOL DISTRICT, OR A RESIDENT OF A COMPONENT
DISTRICT  OF  A  CONSORTIUM  APPLICANT,  IN  WHICH THE P-TECH PROGRAM IS
LOCATED AND IS ENROLLED IN SUCH SCHOOL DISTRICT; AND
  (II) IS REGISTERED TO ATTEND SUCH HIGH SCHOOL FOR THE  ACADEMIC  YEARS
FOR WHICH THE GRANT AWARD IS BEING SOUGHT.
  3.  MONIES  MADE  AVAILABLE  UNDER THIS SECTION SHALL BE SPENT FOR THE
FOLLOWING PURPOSES, AS FURTHER PRESCRIBED BY  THE  COMMISSIONER  IN  THE
REQUEST FOR PROPOSALS PROCESS:
  A.  EXISTING  EVIDENCE-BASED  AND/OR  STANDARDS  BASED CURRICULUM THAT
FOCUSES ON A CAREER IN SCIENCE, TECHNOLOGY, ENGINEERING OR  MATH-RELATED
CAREER AREA WITHIN A P-TECH PROGRAM;
  B. RECRUITMENT ACTIVITIES FOR ELIGIBLE STUDENTS;
  C.  TO PROVIDE PROFESSIONAL DEVELOPMENT TO PROMOTE THE P-TECH PROGRAM,
INCLUDING CROSS-CURRICULUM DEVELOPMENT BETWEEN PARTNERS  AND  TO  ENSURE
CURRICULUM  ALIGNMENT THAT PREPARES STUDENTS TO SUCCEED IN COLLEGE LEVEL
COURSES WHILE IN HIGH SCHOOL AND DURING CAREER TRAINING;
  D. UP TO TEN PERCENT OF FUNDS AWARDED UNDER THIS SECTION MAY  BE  USED
FOR ELIGIBLE APPLICANTS TO PURCHASE EQUIPMENT NEEDED TO UPGRADE EXISTING
PROGRAMS OR NEW EQUIPMENT TO START A PROGRAM;
  E. WORKSHOPS AND PLANNING MEETINGS BETWEEN PARTNERS, INCLUDING COUNSE-
LORS,  PARENTS,  AND  COLLEGE  FACULTY,  AND BUSINESS LEADERS TO SUPPORT
PROGRAM SUSTAINABILITY AND BUILD AWARENESS IN THE REGIONS ON  THE  BENE-
FITS OF HAVING SUCH PROGRAMS;
  F.  POST-SECONDARY  CURRICULUM  DEVELOPMENT THAT FACILITATES ALIGNMENT
AND ARTICULATION WITH SECONDARY  PROGRAMS  LEADING  TO  COLLEGE  DEGREES
AND/OR  OTHER  INDUSTRY  RECOGNIZED  CREDENTIALS  THAT MEET THE NEEDS OF
EMPLOYERS;
  G. SERVICE CONTRACTS BETWEEN MEMBERS OF THE PARTNERSHIP;
  H. TRANSPORTATION FOR ELIGIBLE STUDENTS TO TAKE  COURSES  AND  PARTIC-
IPATE  IN ACTIVITIES AT THE PARTNER CAMPUS OF THE HIGHER EDUCATION PART-
NER; AND
  I. TUITION, BOOKS AND FEES; PROVIDED THAT TUITION REIMBURSEMENT  SHALL
ONLY BE ALLOWABLE FOR NON-REMEDIAL, CREDIT-BEARING COLLEGE COURSES.
  4. THE COMMISSIONER SHALL MAKE GRANT AWARDS TO ELIGIBLE APPLICANTS FOR
AN APPROVED P-TECH PROGRAM.
  A.  FUNDS  MUST  FIRST BE SET ASIDE FOR THOSE APPROVED P-TECH PROGRAMS
THAT WERE FUNDED UNDER THE PREVIOUS REQUEST FOR  PROPOSALS  PROCESS  FOR

S. 7921                             5

ANY  COHORT  OF  STUDENTS IN SUCH PROGRAM SO THEY CAN OBTAIN A COST-FREE
ASSOCIATE'S DEGREE.
  B. THE COMMISSIONER MAY ALSO MAKE AWARDS TO ELIGIBLE APPLICANTS FOR AN
APPROVED  P-TECH  PROGRAM  THROUGH  A  COMPETITIVE REQUEST FOR PROPOSALS
PROCESS. THE FUNDING CYCLE FOR THIS PROGRAM SHALL  BE  FOR  SEVEN  YEARS
COMMENCING WITH THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE ACADEM-
IC  YEAR, SUBJECT TO AN APPROPRIATION, WITH A NEW GRANT CYCLE COMMENCING
EVERY SEVEN YEARS.
  C. THE COMMISSIONER SHALL PRIORITIZE PARTNERSHIPS THAT DEMONSTRATE THE
WILLINGNESS AND CAPACITY TO SERVE STUDENTS WHO HAVE BEEN  IDENTIFIED  AS
ECONOMICALLY DISADVANTAGED OR ACADEMICALLY DISADVANTAGED AND AT-RISK FOR
NOT  SUCCESSFULLY COMPLETING HIGH SCHOOL OR NOT ENROLLING IN OR SUCCEED-
ING IN COLLEGE.
  D. FOR AWARDS MADE UNDER A NEW REQUEST FOR PROPOSALS PROCESS, PRIORITY
SHALL ALSO BE GIVEN TO P-TECH PROGRAMS THAT WERE FUNDED BY  THE  DEPART-
MENT  UNDER  A  PRIOR  REQUEST  FOR PROPOSALS PROCESS, BASED UPON DEMON-
STRATION OF SUCCESSFUL STUDENT OUTCOMES AS DETERMINED BY THE COMMISSION-
ER IN REGULATIONS.
  5. ELIGIBLE APPLICANTS SHALL FILE AN APPLICATION FOR APPROVAL  BY  THE
COMMISSIONER  IN  A TIMEFRAME AND MANNER PRESCRIBED BY THE COMMISSIONER,
DEMONSTRATING A NEED FOR SUCH FUNDING, INCLUDING HOW THE  FUNDING  WOULD
BE  USED  AND  HOW  MANY  STUDENTS  WOULD BE ASSISTED WITH SUCH FUNDING.
SUCCESSFUL APPLICANTS WILL BE FUNDED  AS  PROVIDED  IN  ACCORDANCE  WITH
REGULATIONS OF THE COMMISSIONER AND THE REQUEST FOR PROPOSALS PROCESS.
  6.  NO  FUNDS  PURSUANT  TO  THIS  SECTION  SHALL BE MADE AVAILABLE TO
SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY  INSTITUTION  PARTICIPATING
IN  THIS  PROGRAM,  NOR  SHALL  FUNDS BE PROVIDED FOR PROGRAMS WHICH ARE
INCOMPATIBLE WITH THE REGENTS PLAN FOR THE EXPANSION AND DEVELOPMENT  OF
HIGHER EDUCATION IN THIS STATE.
  S  4. The sum of thirty-five million dollars ($35,000,000), or so much
thereof as may be necessary, is hereby  appropriated  to  the  education
department  out  of any moneys in the state treasury general fund to the
credit of the aid to localities/local assistance account, not  otherwise
appropriated, as follows:
  a.  thirteen  million dollars for payment of grants to eligible insti-
tutions for early college high school programs in  accordance  with  the
provisions of section 6457 of the education law, as added by section two
of  this  act. Such sum shall be payable on the audit and warrant of the
state comptroller on vouchers certified or approved by the  commissioner
of education, in the manner prescribed by law.
  b.  twenty-three  million  dollars  for  payment of grants to eligible
institutions for  pathways  in  technology  early  college  high  school
programs in accordance with the provisions of section 6458 of the educa-
tion law, as added by section three of this act. Such sum shall be paya-
ble on the audit and warrant of the state comptroller on vouchers certi-
fied  or  approved  by  the  commissioner  of  education,  in the manner
prescribed by law.
  S 5. This act shall take effect immediately.