S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    929
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT  to amend the education law, in relation to the establishment of
   the New York promise program for community  colleges;  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. Article 126 of the education law is amended by adding a new
 section 6311 to read as follows:
   § 6311. NEW YORK PROMISE PROGRAM.  1. ESTABLISHMENT. THERE  IS  HEREBY
 ESTABLISHED THE NEW YORK PROMISE PROGRAM FOR COMMUNITY COLLEGES.
   2.  ADMINISTRATION. THE DEPARTMENT SHALL ADMINISTER THE NEW YORK PROM-
 ISE PROGRAM AS PROVIDED FOR IN THIS  SECTION.  SUBJECT  TO  SUBDIVISIONS
 FIVE  AND  SIX OF THIS SECTION, THE DEPARTMENT SHALL PROVIDE A WAIVER OF
 TUITION FOR COMMUNITY COLLEGE COURSES TO A PERSON WHO MEETS THE CRITERIA
 DESCRIBED IN SUBDIVISIONS THREE AND FOUR OF THIS  SECTION.  SUCH  WAIVER
 SHALL BE A GRANT AND LIMITED AS PROVIDED IN SUBDIVISIONS FIVE AND SIX OF
 THIS SECTION.
   3.  ELIGIBILITY.  A  GRANT  SHALL  BE  AWARDED UNDER THIS SECTION TO A
 PERSON WHO:
   (A) IS ENROLLED IN COURSES THAT ARE:
   (I) OFFERED AT A COMMUNITY COLLEGE IN THIS STATE; AND
   (II) DETERMINED BY THE DEPARTMENT, TO BE REQUIRED FOR COMPLETION OF:
   (1) A ONE-YEAR CURRICULUM FOR STUDENTS WHO PLAN TO TRANSFER TO ANOTHER
 POST-SECONDARY INSTITUTION OF EDUCATION;
   (2) AN ASSOCIATE'S DEGREE; OR
   (3) A PROGRAM IN CAREER AND TECHNICAL EDUCATION.
   (B) HAS BEEN A RESIDENT OF THIS STATE FOR AT LEAST TWELVE MONTHS PRIOR
 TO ENROLLING IN THE COURSES DESCRIBED IN PARAGRAPH (A) OF THIS  SUBDIVI-
 SION;
   (C) ATTAINED THEIR HIGHEST LEVEL OF EDUCATION IN THIS STATE PRIOR TO:

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

                                                            LBD01297-02-7

 A. 929                              2
 
   (I) RECEIVING A HIGH SCHOOL DIPLOMA; OR
   (II) RECEIVING A GENERAL EDUCATIONAL DEVELOPMENT CERTIFICATE.
   (D)  ATTAINED  THEIR  HIGHEST LEVEL OF EDUCATION AS DESCRIBED IN PARA-
 GRAPH (C) OF THIS SUBDIVISION WITHIN SIX MONTHS FROM THE DATE THE PERSON
 FIRST ENROLLS IN COURSES DESCRIBED IN PARAGRAPH (A) OF THIS  SUBDIVISION
 FOR THE PURPOSE OF RECEIVING A GRANT UNDER THIS SECTION;
   (E)  EARNED  A CUMULATIVE GRADE POINT AVERAGE OF 2.5 OR BETTER IN HIGH
 SCHOOL OR OTHERWISE DEMONSTRATED  AN  EQUIVALENT  ACADEMIC  ABILITY,  AS
 DETERMINED BY THE DEPARTMENT;
   (F)  COMPLETED  AND SUBMITTED THE FREE APPLICATION FOR FEDERAL STUDENT
 AID (FAFSA) FOR EACH ACADEMIC YEAR AND ACCEPTED ALL  STATE  AND  FEDERAL
 AID GRANTS AVAILABLE, IF ELIGIBLE TO FILE THE APPLICATION; AND
   (G) HAS NOT COMPLETED EITHER OF THE FOLLOWING:
   (I)  MORE THAN A TOTAL OF NINETY CREDIT HOURS, OR THE EQUIVALENT, AT A
 POST-SECONDARY INSTITUTION OF EDUCATION; OR
   (II) A CURRICULUM, DEGREE OR PROGRAM,  AS  DESCRIBED  IN  SUBPARAGRAPH
 (II) OF PARAGRAPH (A) OF THIS SUBDIVISION.
   4. CONTINUED ELIGIBILITY. (A) A PERSON CONTINUES TO REMAIN ELIGIBLE TO
 RECEIVE  A GRANT UNDER THIS SECTION IF THE PERSON, IN ADDITION TO SATIS-
 FYING THE CRITERIA DESCRIBED IN SUBDIVISION THREE OF THIS SECTION:
   (I) MAINTAINS A CUMULATIVE GRADE POINT AVERAGE OF 2.5 OR BETTER DURING
 EACH TERM FOR WHICH SUCH PERSON HAS RECEIVED A GRANT UNDER THIS SECTION;
   (II) MAKES SATISFACTORY PROGRESS TOWARDS A ONE-YEAR CURRICULUM, DEGREE
 OR PROGRAM, AS DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDI-
 VISION THREE OF THIS SECTION, AS DETERMINED BY THE DEPARTMENT; AND
   (III) ENROLLS IN COURSES DESCRIBED IN  PARAGRAPH  (A)  OF  SUBDIVISION
 THREE  OF  THIS  SECTION  FOR  A SUFFICIENT NUMBER OF CREDIT HOURS TO BE
 CONSIDERED AT LEAST A HALF-TIME STUDENT EACH TERM  FOR  AT  LEAST  THREE
 TERMS IN EACH CONSECUTIVE YEAR.
   (B)  A PERSON WHO FAILS TO MAINTAIN THE CUMULATIVE GRADE POINT AVERAGE
 SPECIFIED IN SUBPARAGRAPH (I)  OF  PARAGRAPH  (A)  OF  THIS  SUBDIVISION
 BECOMES  INELIGIBLE  TO  RECEIVE A GRANT UNDER THIS SECTION FOR THE TERM
 AFTER WHICH THE PERSON FAILS TO  MAINTAIN  THE  CUMULATIVE  GRADE  POINT
 AVERAGE, UNLESS THE ELIGIBILITY REQUIREMENT OF SUBPARAGRAPH (I) OF PARA-
 GRAPH (A) OF THIS SUBDIVISION IS WAIVED BY THE DEPARTMENT.
   5.  AWARDS. (A) THE TOTAL AMOUNT OF A GRANT AWARDED UNDER THIS SECTION
 SHALL BE BASED ON EACH  TERM  THAT  A  PERSON  IS  ENROLLED  IN  COURSES
 DESCRIBED  IN PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION.  AFTER
 THE AMOUNT OF TUITION FOR THE PERSON FOR THE TERM IS  REDUCED  BY  FIFTY
 DOLLARS,  TO  BE PAID BY THE PERSON, AND REDUCED BY ANY AMOUNTS RECEIVED
 BY THE PERSON IN STATE AND FEDERAL  AID  GRANTS,  THE  PERSON  SHALL  BE
 ELIGIBLE FOR A GRANT UNDER THIS SECTION IN AN AMOUNT THAT EQUALS:
   (I)  EXCEPT  AS  PROVIDED  IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, NOT
 LESS THAN THE GREATER OF:
   (1) ONE THOUSAND DOLLARS; AND
   (2) THE PERSON'S ACTUAL COST OF TUITION.
   (II) NOT MORE THAN THE LESSER OF:
   (1) THE AVERAGE COST OF TUITION AT A COMMUNITY COLLEGE IN THIS  STATE,
 AS DETERMINED BY THE DEPARTMENT; AND
   (2) THE PERSON'S ACTUAL COST FOR TUITION.
   (B)  THE  MINIMUM AMOUNT OF A GRANT, AS CALCULATED UNDER PARAGRAPH (A)
 OF THIS SUBDIVISION, MAY BE PRORATED FOR A PERSON  WHO  IS  ENROLLED  IN
 COURSES  DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION
 FOR A SUFFICIENT NUMBER OF CREDIT HOURS TO  BE  CONSIDERED  AT  LEAST  A
 HALF-TIME STUDENT BUT NOT A FULL-TIME STUDENT.

 A. 929                              3
 
   (C)  THE  DEPARTMENT  MAY  PRESCRIBE  BY RULE OR REGULATION WHETHER TO
 INCLUDE FEES, AND ANY LIMITATIONS RELATED TO THE INCLUSION OF FEES, WHEN
 DETERMINING THE ACTUAL COST OF TUITION OR THE AVERAGE  COST  OF  TUITION
 UNDER THIS SUBDIVISION.
   6.  TOTAL  GRANT AMOUNT. THE TOTAL AMOUNT IN GRANTS AWARDED UNDER THIS
 SECTION BY THE DEPARTMENT MAY NOT EXCEED TEN MILLION DOLLARS PER  FISCAL
 YEAR,  OR  ANY LESSER AMOUNT AVAILABLE TO THE DEPARTMENT FOR THE PURPOSE
 OF THIS SECTION. THE DEPARTMENT MAY ADOPT  BY  RULE  OR  REGULATION  THE
 PRIORITY  BY WHICH GRANTS ARE AWARDED, WHICH MAY ALLOW FOR PREFERENCE TO
 BE GIVEN TO PERSONS ENROLLED IN SCHOOL DISTRICTS OR  HIGH  SCHOOLS  THAT
 MEET SPECIFIED CRITERIA.
   7.  RULES  AND  REGULATIONS.  THE DEPARTMENT SHALL ADOPT ANY RULES AND
 REGULATIONS NECESSARY FOR THE ADMINISTRATION OF THIS  SECTION  INCLUDING
 ANY REQUIREMENTS RELATED TO:
   (A)  SPECIFYING  THE  FORM AND TIMELINES FOR SUBMITTING AN APPLICATION
 FOR A GRANT UNDER THIS SECTION;
   (B) DETERMINING WHETHER A PERSON IS ELIGIBLE FOR A  GRANT  UNDER  THIS
 SECTION, INCLUDING WHETHER THE PERSON SHALL BE GIVEN PRIORITY AS ALLOWED
 UNDER SUBDIVISION SIX OF THIS SECTION;
   (C)  IMPLEMENTING  PROGRAMS  OR  POLICIES  THAT  IMPROVE  THE ACADEMIC
 SUCCESS OR COMPLETION RATES FOR PERSONS WHO RECEIVE A GRANT  UNDER  THIS
 SECTION;
   (D)  PRESCRIBING  ELIGIBILITY  REQUIREMENTS AND GRANT CALCULATIONS FOR
 PERSONS DUALLY ENROLLED IN A COMMUNITY COLLEGE AND A PUBLIC  UNIVERSITY;
 AND
   (E)  EVALUATING  THE  IMPACT  OF  THE  PROGRAM  ESTABLISHED UNDER THIS
 SECTION, INCLUDING ANY REQUIREMENTS FOR REPORTING DATA NEEDED FOR EVALU-
 ATION.
   8. NO LATER THAN DECEMBER THIRTY-FIRST OF EACH EVEN-NUMBERED YEAR, THE
 DEPARTMENT SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE
 SENATE  AND  THE  SPEAKER  OF  THE ASSEMBLY A REPORT THAT SUMMARIZES THE
 DEPARTMENT'S FINDINGS ON THE IMPACT OF  THE  PROGRAM  ESTABLISHED  UNDER
 THIS SECTION.  SUCH REPORT SHALL INCLUDE:
   (A)  STUDENT  COMPLETION  RATES  OF  CURRICULA,  DEGREES  AND PROGRAMS
 DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION THREE  OF
 THIS SECTION;
   (B)  THE AMOUNT OF FEDERAL AID GRANTS RECEIVED BY PERSONS WHO RECEIVED
 A GRANT UNDER THIS SECTION;
   (C) THE FINANCIAL IMPACT OF THE PROGRAM ON SCHOOL DISTRICTS  THAT  HAD
 STUDENTS RECEIVE A GRANT UNDER THIS SECTION;
   (D)  THE  FINANCIAL  AND ENROLLMENT IMPACT OF THE PROGRAM ON COMMUNITY
 COLLEGES AND PUBLIC UNIVERSITIES IN THIS STATE; AND
   (E) THE OVERALL SUCCESS RATE OF THIS PROGRAM AND FINANCIAL  IMPACT  OF
 THE PROGRAM.
   § 2. The sum of four hundred fifty million dollars ($ 450,000,000.00),
 or  so  much  thereof as may be necessary, is hereby appropriated to the
 department of education from any moneys in the  state  treasury  in  the
 general  fund to the credit of the department of education not otherwise
 appropriated for services and expenses of the  New  York  State  Promise
 Program  for  the  purposes  of carrying out the provisions of this act.
 Such sum shall be payable on the audit and warrant of  the  state  comp-
 troller  on vouchers certified or approved by the commissioner of educa-
 tion, or his duly designated representative in the  manner  provided  by
 law.  No  expenditure  shall  be  made  from  this appropriation until a
 certificate of approval of availability shall have been  issued  by  the
 director  of  the budget and filed with the state comptroller and a copy

 A. 929                              4
 
 filed with the chairman of the senate finance committee and the chairman
 of the assembly ways  and  means  committee.  Such  certificate  may  be
 amended  from  time  to time by the director of the budget and a copy of
 each  such  amendment  shall  be  filed  with the state comptroller, the
 chairman of the senate finance committee and the chairman of the  assem-
 bly ways and means committee.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law and apply to courses enrolled in beginning in
 the 2017-2018 academic year.