S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6537
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  --  (at request of the State Education
   Department) -- 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.  Legislative  intent.  The  legislature  hereby  finds and
 declares it necessary to preserve and continue the New York State  Smart
 Scholars  early college high school program and the New York state path-
 ways in technology early college high school  program  (P-TECH  program)
 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  New  York  State
 Smart  Scholars  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.

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

                                                            LBD10165-03-9

 S. 6537                             2
 
   The  New  York State P-TECH program, through a public-private partner-
 ship, prepares thousands of New York students for high-skill jobs of the
 future in fields including, but not  limited  to,  science,  technology,
 engineering,   manufacturing,   healthcare,   except  for  the  licensed
 professions  under Title VIII of the education law, finance and math-re-
 lated career areas. The New York State P-TECH program provides  students
 with  a  rigorous, relevant and cost-free high school and college educa-
 tion 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 commitment from
 the participating employer to be first in line for an opportunity 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, disad-
 vantaged students, which at  the  completion  of  the  program  improves
 students' readiness for employment in a 21st century workplace.
   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  legisla-
 ture  also finds and declares it necessary to provide additional 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 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
 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

 S. 6537                             3
 
 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  AND/OR  GRANT,
 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.
 MONIES MADE AVAILABLE UNDER THIS SECTION MAY BE  SPENT  TO  IMPLEMENT  A
 CORRECTIVE  ACTION  PLAN  ISSUED  UNDER THIS SECTION AND/OR FOR TUITION,
 BOOKS AND FEES FOR NON-REMEDIAL, CREDIT-BEARING COLLEGE  COURSES  AT  AN
 INSTITUTION  OF HIGHER EDUCATION FOR STUDENTS WHO WERE ENROLLED IN A NYS
 SMART SCHOLARS EARLY COLLEGE HIGH SCHOOL PROGRAM THAT SUBSEQUENTLY CLOS-
 ES BEFORE THE STUDENT COMPLETES THE PROGRAM; PROVIDED  SUCH  STUDENT  IS
 TAKING COMPARABLE COURSES TO WHAT WAS OFFERED IN THE SMART SCHOLARS ECHS
 PROGRAM AS DETERMINED BY THE COMMISSIONER.
   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.

 S. 6537                             4
 
   D.  SCHOOL  DISTRICTS SHALL PROVIDE ALL STUDENTS WITH DISABILITIES AND
 ENGLISH LANGUAGE LEARNERS ENROLLED IN A NYS SMART SCHOLARS ECHS  PROGRAM
 WITH  ANY  SUPPORT  SERVICES  AND PROGRAMS REQUIRED UNDER ALL APPLICABLE
 FEDERAL AND STATE LAWS AND REGULATIONS.
   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.
   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.

 S. 6537                             5
 
 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
   (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 GRANT
 STUDENTS WHO SUCCESSFULLY COMPLETE THE PROGRAM WITH THE  OPPORTUNITY  TO
 BE FIRST IN LINE FOR A JOB.
   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, EXCEPT FOR  THE  LICENSED  PROFESSIONS  UNDER
 TITLE  EIGHT  OF THIS CHAPTER UNLESS OTHERWISE DETERMINED BY THE COMMIS-
 SIONER, FINANCE, AND MATH-RELATED CAREERS 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

 S. 6537                             6
 
 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 GRANT, 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 MAY ALSO BE SPENT TO IMPLEMENT A CORRECTIVE
 ACTION PLAN ISSUED UNDER THIS SECTION AND/OR FOR TUITION, BOOKS AND FEES
 FOR NON-REMEDIAL CREDIT-BEARING COLLEGE COURSES  AT  AN  INSTITUTION  OF
 HIGHER  EDUCATION  FOR  STUDENTS WHO WERE ENROLLED IN NYS P-TECH PROGRAM
 THAT SUBSEQUENTLY CLOSES  BEFORE  THE  STUDENT  COMPLETES  THE  PROGRAM;
 PROVIDED  SUCH  STUDENT IS TAKING COMPARABLE COURSES TO WHAT WAS OFFERED
 IN THE NYS P-TECH PROGRAM AS DETERMINED BY THE COMMISSIONER.
   C. ANY ELIGIBLE APPLICANT WHOSE  NYS  P-TECH  PROGRAM  WAS  PREVIOUSLY
 FUNDED  OR APPROVED PURSUANT TO A REQUEST FOR PROPOSALS PROCESS SHALL BE
 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.
   D. SCHOOL DISTRICTS SHALL PROVIDE ALL STUDENTS WITH  DISABILITIES  AND
 ENGLISH  LANGUAGE  LEARNERS  ENROLLED  IN  A NYS P-TECH PROGRAM WITH ANY
 SUPPORT SERVICES AND PROGRAMS REQUIRED UNDER ALL APPLICABLE FEDERAL  AND
 STATE LAWS AND REGULATIONS.
   E.  THE HIGHER EDUCATION INSTITUTION SHALL NOT INDEPENDENTLY CHANGE OR
 ELIMINATE COURSES THAT THE STUDENT NEEDS TO COMPLETE  THEIR  PROGRAM  TO
 RECEIVE  AN  ASSOCIATE  DEGREE IN THE ACADEMIC AREA THAT THEY ORIGINALLY
 ENROLLED IN UNLESS OTHERWISE APPROVED BY THE STUDENT AND EACH NYS P-TECH
 PARTNER.
   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,   MANUFACTURING,   HEALTHCARE,   EXCEPT  FOR  THE  LICENSED
 PROFESSIONS UNDER TITLE EIGHT OF THIS CHAPTER, FINANCE  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

 S. 6537                             7
 
 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
 FOR  PROGRAMS  WHICH  ARE  INCOMPATIBLE  WITH  THE REGENTS PLANS FOR THE
 EXPANSION AND DEVELOPMENT OF HIGHER EDUCATION IN THIS STATE.
   § 3. 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.