S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7319
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2021
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Education
 
 AN  ACT  to  amend  the education law, in relation to continuing 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 a new article 107
 to read as follows:
 
                                ARTICLE 107
  NEW YORK STATE PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH SCHOOL PROGRAM
 
   SECTION 5300. GRANT AWARDS FOR NEW YORK STATE PATHWAYS  IN  TECHNOLOGY
 EARLY COLLEGE HIGH SCHOOL PROGRAMS.
   §  5300.  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,  AND
 CAREER  TRAINING  WITH AN ELIGIBLE PARTNERING EMPLOYER 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 NOT-FOR-PROFIT HIGHER EDUCATION INSTI-
 TUTION OR INSTITUTIONS REGISTERED WITH THE DEPARTMENT 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 NYS P-TECH PROGRAM, AND WHICH AWARDS THE DEGREE AT NO
 COST TO THE STUDENT/FAMILY;

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

                                                            LBD10845-01-1

 A. 7319                             2
 
   (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 AND AGREES TO
 PLACE  STUDENTS  WHO SUCCESSFULLY COMPLETE THE PROGRAM WITH THE OPPORTU-
 NITY TO BE FIRST IN LINE FOR A JOB; AND
   (III) A REGIONAL NEW YORK STATE HEALTHCARE PROVIDER WHICH EMPLOYS  AND
 SUPERVISES  CERTIFIED  NURSING  ASSISTANTS  OR LICENSED PRACTICAL NURSES
 PURSUANT TO  ARTICLE  ONE  HUNDRED  THIRTY-NINE  OF  THIS  CHAPTER,  AND
 PROVIDES  STUDENTS A PATHWAY TO EARN EDUCATION CREDENTIALS SUFFICIENT TO
 ALLOW FOR HIS OR HER LICENSURE IN SUCH PROFESSIONS.
   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 MUST 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:
   (I) IS A RESIDENT OF THE SCHOOL DISTRICT, OR A RESIDENT OF A COMPONENT
 DISTRICT OF A CONSORTIUM, IN WHICH THE NYS P-TECH PROGRAM IS LOCATED AND
 IS ENROLLED IN SUCH SCHOOL DISTRICT; AND
   (II) IS REGISTERED TO ATTEND SUCH HIGH SCHOOL.
   E.  "PREVIOUSLY  FUNDED NYS P-TECH PROGRAM" MEANS A NYS P-TECH PROGRAM
 THAT WAS APPROVED BY THE COMMISSIONER IN ANY PRIOR REQUEST FOR PROPOSALS
 PROCESS BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   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. FUNDING
 SHALL  BE  AVAILABLE  TO  PREVIOUSLY  FUNDED, APPROVED PROGRAMS, AND NEW
 PROGRAMS, WITH PRIORITY  GIVEN  TO  THOSE  PROGRAMS  THAT  HAVE  ALREADY
 RECEIVED FUNDING.
   B.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, A
 PROGRAM SHALL BE ELIGIBLE FOR FUNDING UNDER THIS SECTION AND  SHALL  NOT
 HAVE  TO  APPLY  FOR  FUNDING  UNDER THIS SECTION IF IT WAS A PREVIOUSLY
 FUNDED PROGRAM OR AN APPROVED NYS P-TECH PROGRAM THAT WAS FUNDED UNDER A
 PRIOR REQUEST FOR PROPOSALS PROCESS; AND ITS CONTRACTS HAVE BEEN CONTIN-
 UOUSLY RENEWED BY THE DEPARTMENT IN ACCORDANCE WITH ALL APPLICABLE  LAWS
 SINCE  THE  EFFECTIVE  DATE  OF THIS SECTION; PROVIDED THAT SUCH PROGRAM
 SHALL 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. IF THE PROGRAM FAILS TO MEET SUCH  BENCH-
 MARKS  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 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.

 A. 7319                             3
 
   C.  ANY  NYS  P-TECH  PROGRAM APPROVED PURSUANT TO A PRIOR REQUEST FOR
 PROPOSALS PROCESS SHALL NOT BE REQUIRED TO RE-APPLY FOR FUNDS UNDER THIS
 SECTION UNLESS THEY ARE OFFERING 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 OR INSTITU-
 TION  OR  INSTITUTIONS PARTICIPATING IN THIS PROGRAM, NOR SHALL FUNDS BE

 A. 7319                             4
 
 PROVIDED 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 immediately.  Effective immediately
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made on or before such date.