S T A T E O F N E W Y O R K
________________________________________________________________________
1692
2019-2020 Regular Sessions
I N S E N A T E
January 15, 2019
___________
Introduced by Sen. MONTGOMERY -- 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.
LBD07656-01-9
S. 1692 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.
§ 2. The education law is amended by adding a new section 6457 to read
as follows:
§ 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, OR A NOT-FOR-PROFIT HIGHER EDUCA-
TION INSTITUTION REGISTERED WITH THE DEPARTMENT WHICH PARTNERS WITH A
NEW YORK STATE SCHOOL DISTRICT TO OFFER AN APPROVED EARLY COLLEGE HIGH
SCHOOL PROGRAM;
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:
S. 1692 3
A. TO PROVIDE ADDITIONAL STAFFING FOR THE EARLY COLLEGE HIGH SCHOOL
PROGRAM, INCLUDING A PROGRAM DIRECTOR AND COLLEGE LIAISON;
B. STUDENT RECRUITMENT ACTIVITIES;
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 EIGHTEEN--TWO THOUSAND NINE-
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.
§ 3. The education law is amended by adding a new section 6458 to read
as follows:
§ 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
S. 1692 4
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
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.
S. 1692 5
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
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-FOUR--TWO THOUSAND TWENTY-FIVE
ACADEMIC 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.
§ 4. The sum of thirty-six million dollars ($36,000,000), 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.
§ 5. This act shall take effect immediately.