S T A T E O F N E W Y O R K
________________________________________________________________________
4958
2023-2024 Regular Sessions
I N A S S E M B L Y
February 27, 2023
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to tuition assistance
program awards for micro-credential and certificate programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 667-c of the education law, as amended by section 1
of part E of chapter 56 of the laws of 2022, is amended to read as
follows:
§ 667-c. Part-time tuition assistance program awards. 1. Notwithstand-
ing any law, rule or regulation to the contrary, the president of the
higher education services corporation is authorized to make tuition
assistance program awards to:
a. part-time students enrolled at the state university, a community
college, the city university of New York, and a non-profit college or
university incorporated by the regents or by the legislature who meet
all requirements for tuition assistance program awards except for the
students' part-time attendance; or
b. part-time students enrolled at a community college in a non-degree
workforce credential, MICRO-CREDENTIAL OR CERTIFICATE program directly
leading to the employment or advancement of a student in a "significant
industry" as identified by the department of labor in its three most
recent statewide significant industries reports published preceding the
student's enrollment in such non-degree workforce credential, MICRO-CRE-
DENTIAL OR CERTIFICATE program. The state university of New York and the
city university of New York shall publish and maintain a master list of
all eligible non-degree workforce credential, MICRO-CREDENTIAL OR
CERTIFICATE program courses and update such list every semester. A
student who successfully completes a non-degree workforce credential,
MICRO-CREDENTIAL OR CERTIFICATE program and receives part-time tuition
assistance program awards pursuant to this paragraph shall be awarded
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08176-01-3
A. 4958 2
academic credit by the state university of New York or city university
of New York upon matriculation into a degree program at such institu-
tion, provided that such credit shall be equal to the corresponding
credit hours earned in the non-degree workforce credential, MICRO-CRE-
DENTIAL OR CERTIFICATE program.
2. For purposes of this section:
a. for students defined in paragraph a of subdivision one of this
section, a part-time student is one who: (i) enrolled as a first-time
freshman during the two thousand six--two thousand seven academic year
or thereafter at a college or university within the state university,
including a statutory or contract college, a community college estab-
lished pursuant to article one hundred twenty-six of this chapter, the
city university of New York, or a non-profit college or university
incorporated by the regents or by the legislature;
(ii) is enrolled for at least six but less than twelve semester hours,
or the equivalent, per semester in an approved undergraduate degree
program; and
(iii) has a cumulative grade-point average of at least 2.00.
b. for students defined in paragraph b of subdivision one of this
section, a part-time student is one who: (i) meets all requirements for
tuition assistance program awards except for the student's part-time
attendance and any other requirements that are inconsistent with the
student's enrollment in a non-degree workforce credential, MICRO-CREDEN-
TIAL OR CERTIFICATE program; and
(ii) is enrolled in an approved non-degree workforce credential,
MICRO-CREDENTIAL OR CERTIFICATE program at a community college pursuant
to paragraph b of subdivision one of this section.
C. MICRO-CREDENTIAL SHALL MEAN QUALIFICATIONS THAT DEMONSTRATE SKILLS,
KNOWLEDGE, AND/OR EXPERIENCE IN A GIVEN SUBJECT AREA OR CAPABILITY.
3. a. For part-time students defined in this section, the award shall
be calculated as provided in section six hundred sixty-seven of this
article and shall be in an amount equal to the enrollment factor percent
of the award the student would have been eligible for if the student
were enrolled full-time. For part-time students defined in paragraph a
of subdivision one of this section, the enrollment factor percent is the
percentage obtained by dividing the number of credits the student is
enrolled in, as certified by the school, by the number of credits
required for full-time study in the semester, quarter or term as defined
by the commissioner. For part-time students defined in paragraph b of
subdivision one of this section, the enrollment factor shall be calcu-
lated pursuant to regulations established by the higher education
services corporation.
b. (i) For part-time students defined in paragraph a of subdivision
one of this section, any semester, quarter or term of attendance during
which a student receives an award pursuant to this section shall be
counted as the enrollment factor percent of a semester, quarter or term
toward the maximum term of eligibility for tuition assistance awards
pursuant to section six hundred sixty-seven of this article. The total
period of study for which payment may be made shall not exceed the
equivalent of the maximum period authorized for that award.
(ii) For part-time students defined in paragraph b of subdivision one
of this section, the total period of study for which payment may be made
shall not exceed the equivalent of the maximum period authorized for the
non-degree workforce credential, MICRO-CREDENTIAL OR CERTIFICATE program
pursuant to paragraph b of subdivision one of this section.
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§ 2. Paragraphs b-1 and b-2 of subdivision 1 of section 6304 of the
education law, as added by section 1 of part D of chapter 57 of the laws
of 2013, are amended to read as follows:
b-1. (i) Notwithstanding any provision of law to the contrary, for the
community college fiscal year two thousand thirteen--two thousand four-
teen and thereafter, each program that confers a credit-bearing certif-
icate, an associate of occupational studies degree, or an associate of
applied science degree, shall demonstrate that it is preparing students
for current and future job opportunities by partnering with employers as
follows:
(A) The program is a partnership between the community college and one
or more employers to train and employ students in a specific occupation;
(B) The program has an advisory committee made up of members of whom
the majority are employers in the occupation or sector, or a related
sector, or is otherwise advised by one or more employers in the occupa-
tion or sector, that employ or will employ workers in the region where
the community college is located, and such committee serves to advise
the community college on the program's curriculum, recruitment, place-
ment and evaluation so that it remains up-to-date with employer needs;
[or]
(C) The program is in a high-tech sector and is in demand for current
or projected job growth, including those sectors identified by the
regional economic development council, and is advised by current or
potential future employers in the occupation or sector[.]; OR
(D) THE PROGRAM OFFERS MICRO-CREDENTIALING, AS DEFINED IN SECTION SIX
HUNDRED SIXTY-SEVEN-C OF THIS CHAPTER, OR CERTIFICATE PROGRAMS.
(ii) On or before January first, two thousand fourteen for the commu-
nity college fiscal year two thousand thirteen--two thousand fourteen,
November first, two thousand fourteen for the community college fiscal
year two thousand fourteen--two thousand fifteen and November first of
each community college fiscal year thereafter, the state university
trustees and the city university trustees shall each submit a job link-
age report to the director of the budget, the chairs of the senate and
assembly higher education committees and the chair of the senate finance
committee and the chair of the assembly ways and means committee,
including an accounting of full time equivalent enrollment in programs
that confer credit-bearing certificates, associate of occupational
studies degrees, or associate of applied science degrees, OR ENROLLMENT
IN MICRO-CREDENTIALING PROGRAMS, in such a form and manner as the direc-
tor of the budget may require to verify compliance with subparagraph (i)
of this paragraph.
b-2. (i) Notwithstanding any provision of law to the contrary, within
amounts appropriated for incentive funding, the state university of New
York and city university of New York shall make awards to community
colleges from the next generation NY job linkage program incentive fund
based on measures of student success for all students enrolled in
programs that confer a credit-bearing certificate, an associate of occu-
pational studies degree, [or] an associate of applied science degree, OR
OFFERS MICRO-CREDENTIALING, including, but not limited to:
(A) The number of students who are employed following degree [or],
certificate completion OR MICRO-CREDENTIALING and their wage gains, if
any, as determined by the department of labor, which shall be given the
greatest weighting among all measures of student success;
(B) The number of degree completions, certificate completions, MICRO-
CREDENTIALS and student transfers to other institutions of higher educa-
tion;
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(C) The number of degree [and], certificate completions AND MICRO-CRE-
DENTIALS under clause (B) of this paragraph by students considered
academically at-risk due to economic disadvantage or other factor of
under-representation within the field of study; veterans; and the disa-
bled;
(D) The number of students who make adequate progress towards
completion of a degree or certificate OR A MICRO-CREDENTIAL, which may
include accelerated completion of a developmental education program;
(E) The number of degree OR MICRO-CREDENTIAL completions in innovative
programs designed to enable students to balance school, work and other
personal responsibilities; and
(F) The number of students engaged in career and employment opportu-
nities including apprenticeships, cooperative education programs or
other paid work experience that is an integral part of their academic
program.
(ii) Awards shall be made on a pro-rata basis in accordance with a
methodology and in a form and manner developed by the director of the
budget, in consultation with the state university and city university.
(iii) On or before December first of each year, or an alternative date
as determined by the director of the budget in consultation with the
state university and city university, the state university trustees and
the city university trustees shall each submit a plan for approval by
the director of the budget to allocate amounts available for the next
generation NY job linkage program incentive fund in accordance with this
paragraph.
§ 3. This act shall take effect immediately.