S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8285
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 1, 2021
                                ___________
 
 Introduced  by  M.  of A. RAJKUMAR -- (at request of the State Education
   Department) -- read once and  referred  to  the  Committee  on  Higher
   Education
 
 AN ACT to amend the education law, in relation to enhancing supports and
   services for students with disabilities for postsecondary success

   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  section  6457
 to read as follows:
   § 6457. ENHANCING SUPPORTS AND SERVICES FOR STUDENTS WITH DISABILITIES
 FOR  POSTSECONDARY  SUCCESS.  1.  FOR  THE  PURPOSES  OF  THIS  SECTION,
 "STUDENTS WITH DISABILITIES" SHALL MEAN INDIVIDUALS  WITH  A  DISABILITY
 WHO  HAVE  A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE
 OR MORE MAJOR LIFE ACTIVITY OR ACTIVITIES, A RECORD OF SUCH  IMPAIRMENT,
 OR  BEING  REGARDED  AS HAVING SUCH IMPAIRMENT AND WHO ARE ENROLLED IN A
 DEGREE-GRANTING INSTITUTION IN NEW YORK.
   2. SUBJECT TO AN APPROPRIATION, THE COMMISSIONER SHALL ALLOCATE  FUNDS
 AVAILABLE FOR ENHANCING SUPPORTS AND SERVICES FOR STUDENTS WITH DISABIL-
 ITIES  IN  NEW  YORK  STATE DEGREE GRANTING COLLEGES AND UNIVERSITIES SO
 THEY CAN SUCCEED IN THEIR EDUCATION. SUCH FUNDS SHALL BE AWARDED THROUGH
 GRANTS TO INSTITUTIONS OF THE STATE UNIVERSITY AND INSTITUTIONS  OF  THE
 CITY  UNIVERSITY  OF  NEW  YORK,  AND  THE COMMISSIONER SHALL ENTER INTO
 CONTRACTS  WITH  DEGREE-GRANTING  INSTITUTIONS  IN  NEW  YORK  THAT  ARE
 CURRENTLY  FUNDED  UNDER  THE  TUITION  ASSISTANCE PROGRAM UNDER ARTICLE
 FOURTEEN OF  THIS  CHAPTER  FOR  THE  PURPOSE  OF  PROVIDING  ADDITIONAL
 SERVICES AND SUPPORTS TO EXPAND OPPORTUNITIES FOR STUDENTS WITH DISABIL-
 ITIES.
   3. (A) FUNDS APPROPRIATED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
 TWENTY-TWO  ACADEMIC  YEAR AND THEREAFTER FOR THE PURPOSE OF THIS INITI-
 ATIVE SHALL BE ALLOCATED PROPORTIONALLY FOR EACH STUDENT WITH A DISABIL-
 ITY ENROLLED IN AN INSTITUTION OF  HIGHER  EDUCATION  THAT  SUCCESSFULLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08512-01-1

 A. 8285                             2
 
 APPLIES  FOR  FUNDING  PURSUANT TO SUBDIVISION SIX OF THIS SECTION BASED
 UPON THE TOTAL NUMBER OF STUDENTS WITH DISABILITIES THAT ARE ENROLLED IN
 ALL INSTITUTIONS OF HIGHER EDUCATION THAT SUCCESSFULLY APPLY FOR FUNDING
 PURSUANT TO SUBDIVISION SIX OF THIS SECTION. THE NUMBER OF STUDENTS WITH
 DISABILITIES  USED FOR THIS CALCULATION SHALL BE BASED ON DATA SUBMITTED
 ANNUALLY BY THE  INSTITUTION  TO  THE  COMMISSIONER  THROUGH  A  PROCESS
 REQUIRED FOR THIS PURPOSE BY THE COMMISSIONER.
   (B)  FUNDS  SHALL  BE  AWARDED TO EACH INSTITUTION OF HIGHER EDUCATION
 THAT SUCCESSFULLY APPLIES FOR FUNDING PURSUANT  TO  SUBDIVISION  SIX  OF
 THIS  SECTION  DIRECTLY  AND  NOT  THROUGH  ENTITIES WHO DO NOT DIRECTLY
 ENROLL STUDENTS.
   4. FUNDS SHALL BE AWARDED THROUGH A FORMULA IN EQUAL AMOUNTS PER IDEN-
 TIFIED STUDENT WITH A DISABILITY TO EACH INSTITUTION OF HIGHER EDUCATION
 THAT SUCCESSFULLY APPLIES FOR FUNDING PURSUANT  TO  SUBDIVISION  SIX  OF
 THIS  SECTION. THE NUMBER OF STUDENTS WITH DISABILITIES AT EACH INSTITU-
 TION SHALL BE DETERMINED BASED UPON THE DATA SUBMITTED ANNUALLY  BY  THE
 INSTITUTION  TO  THE  COMMISSIONER  THROUGH  A PROCESS REQUIRED FOR THIS
 PURPOSE BY THE COMMISSIONER.
   5. MONEYS MADE AVAILABLE TO INSTITUTIONS UNDER THIS SECTION  SHALL  BE
 SPENT FOR THE FOLLOWING PURPOSES:
   (A)  TO SUPPLEMENT FUNDING FOR SUPPORTS AND ACCOMMODATIONS OF STUDENTS
 WITH DISABILITIES TO EXPAND SUPPORTS AND SERVICES PROVIDED AT THE  STATE
 UNIVERSITY,  THE  CITY UNIVERSITY OF NEW YORK, AND OTHER DEGREE-GRANTING
 HIGHER EDUCATION INSTITUTIONS;
   (B) TO SUPPORT COLLEGE PREPARATION PROGRAMS TO  ASSIST  STUDENTS  WITH
 DISABILITIES  IN  TRANSITIONING TO COLLEGE, AND PREPARE THEM TO NAVIGATE
 CAMPUS FACILITIES AND SYSTEMS;
   (C) TO PROVIDE FULL AND PART-TIME  FACULTY  AND  STAFF  AT  THE  STATE
 UNIVERSITY,  THE  CITY UNIVERSITY OF NEW YORK, AND OTHER DEGREE-GRANTING
 HIGHER EDUCATION INSTITUTIONS WITH DISABILITY TRAINING; AND
   (D) TO IMPROVE THE IDENTIFICATION PROCESS OF STUDENTS  WITH  DISABILI-
 TIES  AND  ENHANCE DATA COLLECTION CAPABILITIES AT THE STATE UNIVERSITY,
 THE CITY UNIVERSITY OF NEW YORK, AND OTHER DEGREE-GRANTING HIGHER EDUCA-
 TION INSTITUTIONS.
   6. ELIGIBLE INSTITUTIONS SHALL FILE AN APPLICATION FOR APPROVAL BY THE
 COMMISSIONER NO LATER THAN THE FIRST OF MAY EACH  YEAR  DEMONSTRATING  A
 NEED  FOR  SUCH FUNDING, INCLUDING HOW THE FUNDING WOULD BE USED AND HOW
 MANY STUDENTS WITH DISABILITIES WOULD BE ASSISTED WITH SUCH FUNDING. THE
 COMMISSIONER SHALL REVIEW  ALL  APPLICATIONS  FOR  COMPLIANCE  WITH  ALL
 ELIGIBILITY  CRITERIA AND OTHER REQUIREMENTS SET FORTH IN REGULATIONS OF
 THE COMMISSIONER.  SUCCESSFUL APPLICANTS WILL BE FUNDED AS  PROVIDED  IN
 SUBDIVISION FOUR OF THIS SECTION.
   7.  NO  FUNDS  PURSUANT  TO  THIS  SECTION  SHALL BE MADE AVAILABLE TO
 SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY  INSTITUTION  PARTICIPATING
 IN THIS PROGRAM.
   § 2. This act shall take effect immediately.