NY State Senate Bill 2017-S9060

Senate Bill S9060

2017-2018 Legislative Session

Continues NYS Smart Scholars early college high school program and the NYS pathways in technology early college high school program

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2018	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1913
Jun 15, 2018	referred to rules

Votes

- Jun 18, 2018 - Floor Vote
  S9060
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  Jun 18, 2018 - Rules Committee Vote
  S9060
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2018
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      Young

co-Sponsors

2017-S9060 (ACTIVE) - Details

See Assembly Version of this Bill:: A11047
Current Committee:: Assembly Ways And Means
Law Section:: Education Law
Laws Affected:: Add §§6457 & 6458, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6537, A7501
2021-2022: S6825, A8284
2023-2024: S7464

2017-S9060 (ACTIVE) - Summary

Continues NYS Smart Scholars early college high school program and the NYS pathways in technology early college high school program.

2017-S9060 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9060

SPONSOR: MARCELLINO
 
TITLE OF BILL:

An act to amend the education law, in relation to continuing the New
York State Smart Scholars Early College High School Program and the New
York State Pathways in Technology Early College High School Program in
this state

 
PURPOSE:

To preserve and continue the New York State Smart Scholars early college
high school (NYS Smart Scholars ECHS) program and the New York State
pathways in technology early college high school (NYS P-TECH) program in
this State, which provides various students, including those tradi-
tionally underrepresented in post-secondary education, with the opportu-
nity 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 the NYS P-TECH programs, career training
and employment in a highly skilled job upon completion of the program.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new Education Law § 6457 to establish grant
awards for NYS Smart Scholars ECHS programs. Subject to an appropri-
ation, the bill requires the Commissioner to allocate funds for NYS
Smart Scholars ECHS programs approved by the Commissioner in accordance
with the Commissioner's regulations and a request for proposals process.
The bill requires the Commissioner to 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 successfully completing high school or not enrolling in or succeed-
ing in college.

This section of the bill defines an eligible applicant as a New York
State school district with a NYS Smart Scholars ECHS program with a
partnership with a not-for-profit higher education institution(s) to
offer college-level courses leading to the granting of at least 24
college credits and up to a post-secondary degree or diploma, or a not-
for-profit higher education institution registered with the Department
which partners with a New York State school district to offer a NYS
Smart Scholars ECHS program. It further defines an eligible student as a
student who is (i) a resident of the school district, or a resident of a
component district of a consortium applicant, in which the NYS Smart
Scholars ECHS program is located and is enrolled in such district; and
(ii) is registered to attend such high school for the academic years for
which the grant award is being sought.

Previously approved NYS Smart Scholars ECHS programs that were funded
under a prior request for proposals process, whose contracts have been
continuously renewed by the Department in accordance with all applicable
laws since the effective date of the new section shall be eligible for
continued funding without having to reapply for funding through a
competitive process unless they are seeking to offer a new NYS Smart
Scholars ECHS program; provided, however, that such previously approved
program shall be required to meet certain benchmarks and program
requirements as prescribed by the Department in order to demonstrate
that it continues to be a successful NYS Smart Scholars ECHS program and
if the program fails to meet certain benchmarks and program require-
ments, it may be subject to certain corrective action as described in
regulations of the Commissioner which may include but not be limited to
establishing timelines to meet program standards, a limitation on
enrollment, termination of the contract and/or closure of the program
and/or requiring a teach-out agreement with an approved NYS Smart Schol-
ars ECHS program to describe how students will be transferred to such
program upon closure.

This section also requires that monies made available under this section
can only be spent for the following purposes: to provide additional
staffing for the NYS Smart Scholars ECHS program, including a program
director and college liaison; student recruitment activities; to provide
professional development to promote the NYS Smart Scholars ECHS program,
including cross-curriculum development between secondary and post-secon-
dary education partners to ensure curriculum alignment that prepares
students to succeed in college level courses while in high school; work-
shops and planning meetings between partners, including counselors,
parents, and college faculty, to support program sustainability and
build awareness in the regions on the benefits of having such programs;
academic and social support services to promote college readiness and a
college-going culture; transportation for students to take courses and
participate in activities at the NYS Smart Scholars ECHS site and at the
campus of the higher education partner; and tuition, books and fees;
provided however that tuition reimbursement shall only be allowable for
non-remedial, credit-bearing college courses.

It further provides that no funds awarded under this section shall be
made available to support the regular academic program of any school
district or institution participating in this program.

Section 2 of the bill adds a new Education Law § 6458 to establish grant
awards for NYS P-TECH programs. Subject to an appropriation, the bill
requires the Commissioner to allocate funds for new P-TECH programs
approved by the Commissioner in accordance with the Commissioner's regu-
lations. This section defines eligible applicant as a New York State
school district or board of cooperative educational services, which must
serve as the fiscal agent. An eligible district may work in cooperation
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 nonprofit higher education
institutions registered by the Department provided that at least one
institution offers an associate's degree linked to the goals of the
approved NYS P-TECH program, and which awards the degree at no cost to
the student/family; and (ii) a regional New York State employer and/or
industry/entity/association that requires highly skilled employees which
will utilize the knowledge and skills obtained from the secondary and
postsecondary programs proposed under the application and agrees to
place students who successfully complete the program with the opportu-
nity to be first in line for a job.

Previously approved NYS P-TECH programs that were funded under a prior
request for proposals process and whose contracts have been continuously
renewed by the Department in accordance with all applicable laws since
the effective date of the new section shall be eligible for continued
funding under this section without having to reapply for funding through
a competitive process unless they are seeking to offer a new NYS P-TECH
program; provided, however, that such previously approved program shall
be required to meet certain benchmarks and program requirements as
prescribed by the Department in order to demonstrate that it continues
to be a successful NYS P-TECH program and if the program fails to meet
certain benchmarks and program requirements, it may be subject to
certain corrective action as described in regulations of the Commission-
er which may include but not be limited to establishing timelines to
meet program standards, a limitation on enrollment, termination of the
contract and/or closure of the program and/or requiring a teach-out
agreement with an approved NYS P-TECH program to describe how students
will be transferred to such program upon closure.

Monies made available under this section can only be spent for the
following purposes: to provide additional staffing for the NYS P-TECH
program, including but not limited to a program director and a college
liaison; existing evidence-based and/or standards-based curriculum that
focuses on a career in science, technology, engineering or math- related
career area within a NYS P-TECH program; recruitment activities for
eligible students; 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;
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; provided that an eligible
applicant may seek permission from the Commissioner for a waiver of the
ten percent cap, and such request must include a justification for why
equipment in excess of the cap is necessary to accomplish the goals of
the NYS P-TECH program; workshops and planning meetings between part-
ners, including counselors, parents, and college faculty, and business
leaders to support program sustainability and build awareness in the
regions of the benefits of having such programs; postsecondary curric-
ulum 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; service
contracts between members of the partnership; transportation for eligi-
ble students to take courses and participate in activities at the NYS
P-TECH site, at partner employers' locations, and at the campus of the
higher education partner, and tuition, books and fees; provided that
tuition reimbursement will only be allowable for non-remedial, credit-
bearing college courses.

It further provides that no funds awarded under this section shall be
made available to support the regular academic program of any school
district or institution participating in this program.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

This bill is necessary to preserve and continue the NYS Smart Scholars
ECHS program and the New York State P-TECH program in the State which
provide various students, including those traditionally underrepresented
in post-secondary education, with the opportunity to access college-lev-
el 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 NYS Smart Scholars ECHS program not only increases student's 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 cred-
its 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 increases their academic performance. Ultimately, this
Program increases graduation rates both at the high school and college
levels, especially for academically at-risk students.

The NYS 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 NYS P-TECH program
provides students with a rigorous, relevant and cost-free high school
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 have the opportunity to be first
in line for consideration 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 accelerated completion of a student's college degree at the high
school level will result in a student requiring less financial assist-
ance (including tuition assistance or TAP funds) to complete their
degree at the post-secondary level. These programs will ultimately
result in significant cost-savings to both the State and to families and
therefore, are a great investment of State funds.

 
LEGISLATIVE HISTORY:

SED Proposal No. 14 for 2016 was introduced as S.  7496 (Marcelli-
no)/A.10024 (Nolan) and was referred to the Education Committees in the
Senate and Assembly. The bill moved to third reading in the Senate. No
further action was taken in the Assembly.

SED Proposal No. 1 of 2013 was introduced as S.4008-A (Flanagan) in 2013
and passed the Senate in 2013 and 2014.

SED Proposal No. 7 was introduced as S.5647 (Flanagan) in 2011 and
A.9312 (Nolan) in 2012 and was referred to the respective education
committees. The bill passed the Senate in 2011 and 2012. No further
action was taken in the Assembly.

New bill, extends Chapter 35 of 2015.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect in 30 days.

2017-S9060 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9060
 
                             I N  S E N A T E
 
                               June 15, 2018
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation  to  continuing  the  New
   York  State  Smart  Scholars Early College High School Program and the
   New York State  Pathways  in  Technology  Early  College  High  School
   Program in this state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The education law is amended by adding  two  new  sections
 6457 and 6458 to read as follows:
   §  6457.  GRANT AWARDS FOR NEW YORK STATE SMART SCHOLARS EARLY COLLEGE
 HIGH SCHOOL PROGRAMS. 1. FOR THE PURPOSES OF THIS SECTION:
   A. "NYS SMART SCHOLARS EARLY COLLEGE  HIGH  SCHOOL  PROGRAM"  OR  "NYS
 SMART SCHOLARS ECHS PROGRAM" MEANS A FORMAL PARTNERSHIP BETWEEN A SCHOOL
 DISTRICT OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND AT LEAST ONE
 INSTITUTION  OF  HIGHER  EDUCATION,  WHICH  PROVIDES  ELIGIBLE  STUDENTS
 ENROLLED IN SUCH PROGRAM WITH HIGH SCHOOL COURSES LEADING TO THE  GRANT-
 ING  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-SECON-
 DARY DEGREE OR DIPLOMA FROM SUCH PARTNER INSTITUTION OR INSTITUTIONS  OF
 HIGHER  EDUCATION  AT  NO COST TO THE STUDENT OR THE STUDENT'S FAMILY. A
 FORMAL PARTNERSHIP MAY INCLUDE A FOR-PROFIT DEGREE GRANTING  INSTITUTION
 OF  HIGHER  EDUCATION REGISTERED WITH THE DEPARTMENT IF SUCH INSTITUTION
 WAS INCLUDED IN A PARTNERSHIP OF A PREVIOUSLY FUNDED NYS SMART  SCHOLARS
 EARLY  COLLEGE HIGH SCHOOL PROGRAM, AND SUCH PARTNERSHIP WAS APPROVED BY
 THE COMMISSIONER PURSUANT TO A REQUEST FOR PROPOSALS  PROCESS  PRIOR  TO
 THE EFFECTIVE DATE OF THIS SECTION.
   B.  "APPROVED  NYS  SMART  SCHOLARS EARLY COLLEGE HIGH SCHOOL PROGRAM"
 MEANS A NYS SMART SCHOLARS EARLY COLLEGE HIGH SCHOOL PROGRAM,  AND  SUCH
 PROGRAM  WAS  APPROVED  BY THE COMMISSIONER IN ACCORDANCE WITH THE REGU-
 LATIONS OF THE COMMISSIONER AND ANY REQUEST FOR PROPOSALS  ISSUED  UNDER
 THIS SECTION.
   C.  "ELIGIBLE  APPLICANT"  MEANS  A  NEW YORK STATE SCHOOL DISTRICT, A
 BOARD OF COOPERATIVE EDUCATIONAL  SERVICES,  OR  INSTITUTION  OF  HIGHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15301-13-8

 S. 9060                             2

 EDUCATION,  IN  A  PARTNERSHIP  FOR  THE PURPOSE OF OFFERING A NYS SMART
 SCHOLARS EARLY COLLEGE HIGH SCHOOL PROGRAM TO ELIGIBLE STUDENTS, ANY  OF
 WHICH  MAY  SERVE AS THE FISCAL AGENT. THE ELIGIBLE APPLICANT'S PARTNER-
 SHIP  MAY  INCLUDE  ONE OR MORE SCHOOL DISTRICTS, A BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES, OR ONE OR MORE INSTITUTIONS  OF  HIGHER  EDUCATION
 BUT  ALL PARTNERSHIPS MUST INCLUDE A SCHOOL DISTRICT OR A BOARD OF COOP-
 ERATIVE EDUCATIONAL SERVICES, AND AN INSTITUTION OF HIGHER EDUCATION.
   D. "ELIGIBLE STUDENT" MEANS A STUDENT WHO IS A RESIDENT OF A  PARTNER-
 ING SCHOOL DISTRICT, OR A RESIDENT OF A COMPONENT DISTRICT OF A PARTNER-
 ING  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  AND IS ENROLLED, AS
 DEFINED IN REGULATIONS OF THE COMMISSIONER, IN SUCH DISTRICT.
   E. "PREVIOUSLY FUNDED NYS SMART SCHOLARS  EARLY  COLLEGE  HIGH  SCHOOL
 PROGRAM"  MEANS  A  NYS SMART SCHOLARS EARLY COLLEGE HIGH SCHOOL PROGRAM
 THAT WAS APPROVED BY THE COMMISSIONER IN ANY REQUEST FOR PROPOSALS PROC-
 ESS BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   F. "INSTITUTION OF HIGHER EDUCATION" MEANS A NEW YORK STATE PUBLIC  OR
 NOT-FOR-PROFIT  INSTITUTION OF HIGHER EDUCATION THAT HAS BEEN AUTHORIZED
 BY THE NEW YORK STATE BOARD OF REGENTS TO AWARD POST-SECONDARY DEGREES.
   2. A. FOR THE PURPOSES OF INCREASING HIGH SCHOOL GRADUATION RATES  FOR
 ACADEMICALLY  AT-RISK  AND/OR  ECONOMICALLY  DISADVANTAGED STUDENTS, AND
 INCREASING THEIR PARTICIPATION IN  POST-SECONDARY  EDUCATION  THROUGH  A
 NETWORK  OF  EARLY  COLLEGE  HIGH  SCHOOL PARTNERSHIPS IN THE STATE, THE
 COMMISSIONER SHALL, SUBJECT  TO  AN  APPROPRIATION  AND  THE  PROCEDURES
 ESTABLISHED  IN  THIS  SECTION,  ALLOCATE  FUNDS AVAILABLE FOR NYS SMART
 SCHOLARS ECHS PROGRAMS. FUNDING SHALL FIRST BE AVAILABLE  TO  PREVIOUSLY
 FUNDED  OR  APPROVED  NYS  SMART  SCHOLARS  ECHS  PROGRAMS THAT MEET THE
 REQUIREMENTS UNDER PARAGRAPH B OF THIS SUBDIVISION, AND REMAINING  FUNDS
 SHALL BE AVAILABLE FOR NEW NYS SMART SCHOLARS ECHS PROGRAMS.
   B.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, A
 PREVIOUSLY FUNDED NYS SMART SCHOLARS ECHS PROGRAM  OR  AN  APPROVED  NYS
 SMART  SCHOLARS  ECHS  PROGRAM SHALL CONTINUE TO BE ELIGIBLE FOR FUNDING
 UNDER THIS SECTION AND SHALL NOT HAVE TO COMPETE FOR FUNDING UNDER  THIS
 SECTION PROVIDED THAT:
   (I)  THE  PROGRAM HAS BEEN CONTINUOUSLY AWARDED FUNDING BY THE DEPART-
 MENT IN ACCORDANCE WITH ALL APPLICABLE LAWS; AND
   (II) SUCH PROGRAM DEMONSTRATES THAT IT CONTINUES TO  BE  A  SUCCESSFUL
 NYS  SMART SCHOLARS EARLY COLLEGE HIGH SCHOOL PROGRAM BY MEETING CERTAIN
 BENCHMARKS AND PROGRAM REQUIREMENTS  AS  PRESCRIBED  BY  THE  DEPARTMENT
 CONSISTENT  WITH  THE  INTENT  AND  PURPOSE OF THE REQUEST FOR PROPOSALS
 PROCESS AND THE TERMS OF ANY PROGRAM AGREEMENT UNDER WHICH SUCH  PROGRAM
 IS  FUNDED.  IF  THE  PROGRAM  FAILS TO MEET SUCH BENCHMARKS AND PROGRAM
 REQUIREMENTS,  IT  MAY  BE  SUBJECT  TO  CERTAIN  CORRECTIVE  ACTION  AS
 DESCRIBED  IN REGULATIONS OF THE COMMISSIONER, WHICH MAY INCLUDE BUT NOT
 BE LIMITED TO ESTABLISHMENT OF TIMELINES TO MEET  PROGRAM  STANDARDS,  A
 LIMITATION  OF  ENROLLMENT,  TERMINATION OF THE CONTRACT, CLOSURE OF THE
 PROGRAM, AND/OR REQUIRING A TEACH-OUT AGREEMENT  WITH  AN  APPROVED  NYS
 SMART  SCHOLARS  EARLY  COLLEGE  HIGH  SCHOOL  PROGRAM  TO  DESCRIBE HOW
 STUDENTS WILL BE TRANSFERRED TO SUCH PROGRAM UPON CLOSURE.
   C. ANY ELIGIBLE APPLICANT WHOSE NYS SMART SCHOLARS  ECHS  PROGRAM  WAS
 PREVIOUSLY  FUNDED OR APPROVED PURSUANT TO A REQUEST FOR PROPOSALS PROC-
 ESS SHALL BE REQUIRED TO COMPETE FOR FUNDS UNDER THIS  SECTION  IF  SUCH
 APPLICANT  IS  PROPOSING TO OFFER A NEW NYS SMART SCHOLARS ECHS PROGRAM,
 AS DETERMINED BY THE COMMISSIONER.
   3. A. SUBJECT TO AN APPROPRIATION, THE COMMISSIONER SHALL MAKE  AWARDS
 TO  ELIGIBLE  APPLICANTS FOR THE ESTABLISHMENT OF NEW NYS SMART SCHOLARS
 ECHS PROGRAMS THROUGH A COMPETITIVE REQUEST FOR PROPOSALS PROCESS.

 S. 9060                             3
 
   B. THE COMMISSIONER SHALL PRIORITIZE ELIGIBLE APPLICANTS  THAT  DEMON-
 STRATE  THE  WILLINGNESS  AND  CAPACITY  TO SERVE STUDENTS WHO HAVE BEEN
 IDENTIFIED AS ECONOMICALLY DISADVANTAGED AND/OR ACADEMICALLY AT-RISK FOR
 NOT SUCCESSFULLY COMPLETING HIGH SCHOOL OR NOT ENROLLING IN OR  SUCCEED-
 ING IN COLLEGE.
   C.  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 THE
 REQUEST FOR PROPOSALS PROCESS.
   4. A. MONIES MADE AVAILABLE UNDER THIS SECTION SHALL BE SPENT FOR  THE
 FOLLOWING  PURPOSES  AS  FURTHER PRESCRIBED BY THE COMMISSIONER IN REGU-
 LATION:
   (I) TO PROVIDE ADDITIONAL STAFFING FOR THE  NYS  SMART  SCHOLARS  ECHS
 PROGRAM, INCLUDING A PROGRAM DIRECTOR AND COLLEGE LIAISON;
   (II) FOR STUDENT RECRUITMENT ACTIVITIES;
   (III)  TO  PROVIDE  PROFESSIONAL  DEVELOPMENT TO PROMOTE THE NYS SMART
 SCHOLARS ECHS 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;
   (IV)  FOR  WORKSHOPS AND PLANNING MEETINGS BETWEEN PARTNERS, INCLUDING
 COUNSELORS, PARENTS, AND COLLEGE FACULTY, TO SUPPORT  PROGRAM  SUSTAINA-
 BILITY  AND  BUILD  AWARENESS  IN THE DISTRICT ON THE BENEFITS OF HAVING
 SUCH PROGRAMS;
   (V) FOR ACADEMIC AND SOCIAL SUPPORT SERVICES TO PROMOTE COLLEGE  READ-
 INESS AND A COLLEGE-GOING CULTURE;
   (VI)  FOR  TRANSPORTATION FOR STUDENTS TO TAKE COURSES AND PARTICIPATE
 IN ACTIVITIES AT THE NYS SMART SCHOLARS ECHS SITE  AND  AT  THE  PARTNER
 CAMPUS OF THE HIGHER EDUCATION PARTNERS; AND
   (VII)  FOR  TUITION,  BOOKS  AND  FEES;  PROVIDED HOWEVER THAT TUITION
 REIMBURSEMENT SHALL ONLY BE ALLOWABLE FOR  NON-REMEDIAL,  CREDIT-BEARING
 COLLEGE COURSES.
   B.  NO FUNDS SPENT PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO
 SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY SCHOOL DISTRICT,  BOARD  OF
 COOPERATIVE EDUCATIONAL SERVICES OR INSTITUTION OR INSTITUTIONS OF HIGH-
 ER  EDUCATION PARTICIPATING IN THIS PROGRAM, NOR SHALL FUNDS BE PROVIDED
 FOR PROGRAMS WHICH ARE INCOMPATIBLE WITH THE REGENTS PLAN FOR THE EXPAN-
 SION AND DEVELOPMENT OF HIGHER EDUCATION IN THIS STATE.
   § 6458. GRANT AWARDS FOR NEW YORK STATE PATHWAYS IN  TECHNOLOGY  EARLY
 COLLEGE HIGH SCHOOL PROGRAMS. 1. FOR THE PURPOSES OF THIS SECTION:
   A.  "NYS  PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH SCHOOL PROGRAM" OR
 "NYS P-TECH PROGRAM" MEANS A PROGRAM WHICH  PROVIDES  ELIGIBLE  STUDENTS
 ENROLLED  IN SUCH PROGRAM WITH HIGH SCHOOL COURSES LEADING TO THE GRANT-
 ING OF A HIGH SCHOOL  DIPLOMA,  COLLEGE-LEVEL  COURSES  LEADING  TO  THE
 GRANTING OF A POST-SECONDARY DEGREE AT A PARTNERING INSTITUTION OF HIGH-
 ER  EDUCATION, AND CAREER TRAINING WITH AN ELIGIBLE PARTNERING EMPLOYER.
 SUCH PROGRAM IS OPERATED BY A NEW YORK STATE SCHOOL DISTRICT OR A  BOARD
 OF COOPERATIVE EDUCATIONAL SERVICES THAT FORMS A PARTNERSHIP WITH:
   (I)  ONE  OR  MORE  NEW  YORK  STATE  INSTITUTIONS OF HIGHER EDUCATION
 PROVIDED THAT AT LEAST ONE INSTITUTION  OF  HIGHER  EDUCATION  OFFERS  A
 REGISTERED  ASSOCIATE LEVEL DEGREE PROGRAM THAT IS THE INDUSTRY STANDARD
 FOR THE TARGETED JOBS, LINKED TO THE GOALS OF THE  NYS  P-TECH  PROGRAM,
 AND  WHICH  AWARDS THE DEGREE AT NO COST TO THE STUDENT OR THE STUDENT'S
 FAMILY; AND

 S. 9060                             4
 
   (II) A REGIONAL NEW YORK STATE EMPLOYER  OR  CONSORTIUM  OF  EMPLOYERS
 FROM  RELATED  SECTORS  AND/OR INDUSTRY/ENTITY/ASSOCIATION THAT REQUIRES
 SKILLED EMPLOYEES WHICH WILL UTILIZE THE KNOWLEDGE AND  SKILLS  OBTAINED
 FROM  THE  SECONDARY  AND POST-SECONDARY PROGRAMS, AND AGREES TO COLLAB-
 ORATE  IN  PREPARING  STUDENTS  FOR  EMPLOYMENT  OPPORTUNITIES  IN  SUCH
 SECTOR/INDUSTRY.
   B. "APPROVED NYS P-TECH PROGRAM" MEANS A NYS P-TECH PROGRAM  AND  SUCH
 PROGRAM  WAS  APPROVED  BY THE COMMISSIONER IN ACCORDANCE WITH THE REGU-
 LATIONS OF THE COMMISSIONER AND ANY REQUEST FOR PROPOSALS PROCESS  UNDER
 THIS SECTION.
   C.  "ELIGIBLE  APPLICANT"  MEANS  A  NEW  YORK  STATE SCHOOL DISTRICT,
 INCLUDING THOSE DISTRICTS WITH CAREER AND TECHNICAL HIGH SCHOOLS,  OR  A
 BOARD  OF COOPERATIVE EDUCATIONAL SERVICES, EITHER OF WHICH MAY SERVE AS
 THE FISCAL AGENT. THE ELIGIBLE APPLICANT MAY WORK  IN  COOPERATION  WITH
 OTHER  SCHOOL DISTRICTS, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR
 ANY COMBINATION OF THESE AS A CONSORTIUM APPLICANT.
   D. "ELIGIBLE STUDENT" MEANS A STUDENT WHO IS A RESIDENT OF A  PARTNER-
 ING  DISTRICT,  OR  A  RESIDENT  OF A COMPONENT DISTRICT OF A PARTNERING
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND IS ENROLLED, AS DEFINED IN
 REGULATIONS OF THE COMMISSIONER, IN SUCH DISTRICT.
   E. "PREVIOUSLY FUNDED NYS P-TECH PROGRAM" MEANS AN NYS P-TECH  PROGRAM
 THAT WAS APPROVED BY THE COMMISSIONER IN ANY PRIOR REQUEST FOR PROPOSALS
 PROCESS BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   F.  "INSTITUTION OF HIGHER EDUCATION" MEANS A NEW YORK STATE PUBLIC OR
 NOT-FOR-PROFIT INSTITUTION OF HIGHER EDUCATION THAT HAS BEEN  AUTHORIZED
 BY THE NEW YORK STATE BOARD OF REGENTS TO AWARD POST-SECONDARY DEGREES.
   2.  A.  SUBJECT  TO AN APPROPRIATION AND THE PROCEDURES ESTABLISHED IN
 THIS SECTION, THE COMMISSIONER SHALL ALLOCATE THE  FUNDS  AVAILABLE  FOR
 NYS  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.   FUND-
 ING SHALL FIRST BE AVAILABLE TO PREVIOUSLY FUNDED OR APPROVED NYS P-TECH
 PROGRAMS  THAT  MEET THE REQUIREMENTS UNDER PARAGRAPH B OF THIS SUBDIVI-
 SION, AND REMAINING FUNDS SHALL BE AVAILABLE FOR NEW PROGRAMS.
   B. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,  A
 PREVIOUSLY  FUNDED  NYS P-TECH PROGRAM OR AN APPROVED NYS P-TECH PROGRAM
 SHALL CONTINUE TO BE ELIGIBLE FOR FUNDING UNDER THIS SECTION  AND  SHALL
 NOT HAVE TO COMPETE FOR FUNDING UNDER THIS SECTION PROVIDED THAT:
   (I)  THE  PROGRAM HAS BEEN CONTINUOUSLY AWARDED FUNDING BY THE DEPART-
 MENT IN ACCORDANCE WITH ALL APPLICABLE LAWS; AND
   (II) SUCH PROGRAM DEMONSTRATES THAT IT CONTINUES TO  BE  A  SUCCESSFUL
 NYS  P-TECH  PROGRAM  BY MEETING CERTAIN BENCHMARKS AND PROGRAM REQUIRE-
 MENTS AS PRESCRIBED BY THE DEPARTMENT CONSISTENT  WITH  THE  INTENT  AND
 PURPOSE  OF  THE  REQUEST  FOR  PROPOSALS  PROCESS  AND THE TERMS OF ANY
 PROGRAM AGREEMENT UNDER WHICH SUCH PROGRAM IS FUNDED.   IF  THE  PROGRAM
 FAILS  TO  MEET  SUCH  BENCHMARKS  AND  PROGRAM  REQUIREMENTS, IT MAY BE
 SUBJECT TO CERTAIN CORRECTIVE ACTION AS DESCRIBED IN REGULATIONS OF  THE
 COMMISSIONER,  WHICH  MAY INCLUDE BUT NOT BE LIMITED TO ESTABLISHMENT OF
 TIMELINES TO MEET PROGRAM STANDARDS, A LIMITATION OF ENROLLMENT,  TERMI-
 NATION  OF  THE  CONTRACT,  CLOSURE  OF  THE PROGRAM, AND/OR REQUIRING A
 TEACH-OUT AGREEMENT WITH AN APPROVED NYS P-TECH PROGRAM TO DESCRIBE  HOW
 STUDENTS WILL BE TRANSFERRED TO SUCH PROGRAM UPON CLOSURE.
   C.  ANY  ELIGIBLE  APPLICANT  WHOSE  NYS P-TECH PROGRAM WAS PREVIOUSLY
 FUNDED OR APPROVED PURSUANT TO A REQUEST FOR PROPOSALS PROCESS SHALL  BE

 S. 9060                             5
 
 REQUIRED  TO  COMPETE  FOR FUNDS UNDER THIS SECTION IF SUCH APPLICANT IS
 PROPOSING TO OFFER A NEW  NYS  P-TECH  PROGRAM,  AS  DETERMINED  BY  THE
 COMMISSIONER.
   3.  A.  SUBJECT TO AN APPROPRIATION THE COMMISSIONER SHALL MAKE AWARDS
 TO ELIGIBLE APPLICANTS FOR THE ESTABLISHMENT OF NEW NYS P-TECH  PROGRAMS
 THROUGH A COMPETITIVE REQUEST FOR PROPOSALS PROCESS.
   B.  THE  COMMISSIONER SHALL PRIORITIZE ELIGIBLE APPLICANTS THAT DEMON-
 STRATE THE WILLINGNESS AND CAPACITY TO  SERVE  STUDENTS  WHO  HAVE  BEEN
 IDENTIFIED AS ECONOMICALLY DISADVANTAGED AND/OR ACADEMICALLY AT-RISK FOR
 NOT  SUCCESSFULLY COMPLETING HIGH SCHOOL OR NOT ENROLLING IN OR SUCCEED-
 ING IN COLLEGE.
   C. 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 IN ACCORDANCE WITH THE  REGULATIONS
 OF THE COMMISSIONER.
   4.  A. MONIES MADE AVAILABLE UNDER THIS SECTION SHALL BE SPENT FOR THE
 FOLLOWING PURPOSES, AS FURTHER PRESCRIBED BY THE COMMISSIONER  IN  REGU-
 LATIONS OF THE COMMISSIONER:
   (I) TO PROVIDE ADDITIONAL STAFFING FOR THE NYS P-TECH PROGRAM, INCLUD-
 ING BUT NOT LIMITED TO A PROGRAM DIRECTOR AND COLLEGE LIAISON;
   (II)  FOR AN EXISTING EVIDENCE-BASED AND/OR STANDARDS BASED CURRICULUM
 INCLUDING BUT NOT LIMITED TO A FOCUS ON A CAREER IN SCIENCE, TECHNOLOGY,
 ENGINEERING, OR MATH-RELATED CAREER AREA WITHIN A NYS P-TECH PROGRAM;
   (III) FOR RECRUITMENT ACTIVITIES FOR ELIGIBLE STUDENTS;
   (IV) TO PROVIDE PROFESSIONAL DEVELOPMENT TO  PROMOTE  THE  NYS  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;
   (V)  UP TO TEN PERCENT OF FUNDS AWARDED UNDER THIS SECTION MAY BE USED
 TO PURCHASE EQUIPMENT NEEDED TO UPGRADE EXISTING PROGRAMS OR NEW  EQUIP-
 MENT  TO  START  A  PROGRAM; PROVIDED THAT A PROGRAM MAY SEEK PERMISSION
 FROM THE COMMISSIONER FOR A WAIVER OF THE  TEN  PERCENT  CAP,  AND  SUCH
 REQUEST  MUST INCLUDE A JUSTIFICATION FOR WHY EQUIPMENT IN EXCESS OF THE
 CAP IS NECESSARY TO ACCOMPLISH THE GOALS OF THE NYS P-TECH PROGRAM;
   (VI) FOR WORKSHOPS AND PLANNING MEETINGS BETWEEN  PARTNERS,  INCLUDING
 COUNSELORS,  PARENTS,  AND  COLLEGE  FACULTY,  AND  BUSINESS  LEADERS TO
 SUPPORT PROGRAM SUSTAINABILITY AND BUILD AWARENESS IN  THE  DISTRICT  ON
 THE BENEFITS OF HAVING SUCH PROGRAMS;
   (VII)  FOR  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;
   (VIII) FOR SERVICE CONTRACTS BETWEEN MEMBERS OF THE PARTNERSHIP;
   (IX)  FOR  TRANSPORTATION  FOR  ELIGIBLE  STUDENTS TO TAKE COURSES AND
 PARTICIPATE IN ACTIVITIES AT THE NYS P-TECH SITE, AT PARTNER  EMPLOYERS'
 LOCATIONS,  AND  AT  THE PARTNER CAMPUS OF THE HIGHER EDUCATION PARTNER;
 AND
   (X) FOR TUITION, BOOKS AND FEES; PROVIDED THAT  TUITION  REIMBURSEMENT
 SHALL  ONLY BE ALLOWABLE FOR NON-REMEDIAL, CREDIT-BEARING COLLEGE COURS-
 ES.
   B. NO FUNDS PURSUANT TO  THIS  SECTION  SHALL  BE  MADE  AVAILABLE  TO
 SUPPORT  THE  REGULAR ACADEMIC PROGRAMS OF ANY SCHOOL DISTRICT, BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES OR INSTITUTION OR INSTITUTIONS OF HIGH-
 ER EDUCATION PARTICIPATING IN THIS PROGRAM, NOR SHALL FUNDS BE  PROVIDED

 S. 9060                             6
 
 FOR  PROGRAMS  WHICH  ARE  INCOMPATIBLE  WITH  THE REGENTS PLANS FOR THE
 EXPANSION AND DEVELOPMENT OF HIGHER EDUCATION IN THIS STATE.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  on  or  before
 such date.

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Senate Bill S9060

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Sponsored By

Carl L. Marcellino