S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7591
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 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 establishing the
   mental health educational opportunity program
 
   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. MENTAL HEALTH EDUCATIONAL OPPORTUNITY PROGRAM. 1.  TO  PROVIDE
 ADDITIONAL EDUCATIONAL OPPORTUNITIES FOR STUDENTS AT THE STATE UNIVERSI-
 TY  OF  NEW YORK TO ENROLL IN ACADEMIC PROGRAMS THAT LEAD TO A DEGREE OR
 DEGREES REQUIRED FOR LICENSURE IN ANY OF THE MENTAL  HEALTH  PROFESSIONS
 PURSUANT TO ARTICLES ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR AND
 ONE  HUNDRED  SIXTY-THREE  OF  THIS CHAPTER, THE STATE UNIVERSITY OF NEW
 YORK SHALL PROVIDE SPECIAL PROGRAMS FOR THE  SCREENING,  TESTING,  COUN-
 SELING  AND  TUTORING OF, AND ASSISTANCE TO, RESIDENTS OF THE STATE, (I)
 WHO ARE GRADUATES OF AN APPROVED HIGH SCHOOL  OR  INDIVIDUALS  WHO  HAVE
 ATTAINED  A NEW YORK STATE HIGH SCHOOL EQUIVALENCY DIPLOMA OR ITS EQUIV-
 ALENT, AS DETERMINED BY THE COMMISSIONER, (II) WHO  HAVE  POTENTIAL  FOR
 THE  SUCCESSFUL  COMPLETION  OF A POST-SECONDARY PROGRAM THAT LEADS TO A
 DEGREE OR DEGREES REQUIRED FOR LICENSURE IN ANY  MENTAL  HEALTH  PROFES-
 SION, AND (III) WHO ARE ECONOMICALLY AND EDUCATIONALLY DISADVANTAGED.
   2. THE STATE UNIVERSITY OF NEW YORK SHALL FORMULATE A GENERAL PLAN FOR
 THE  ORGANIZATION,  DEVELOPMENT,  COORDINATION  AND  OPERATION OF SUCH A
 PROGRAM WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR BY LAW. SUCH  A  PLAN
 SHALL INCLUDE:
   A. DEFINITION OF ELIGIBILITY,
   B. PROCEDURES FOR THE SELECTION OF STUDENTS FROM AMONG THE ELIGIBLES,
   C.  DESCRIPTION  OF  THE  CONTENTS  OF SUCH PROPOSED PROGRAM INCLUDING
 COUNSELING, TUTORING AND SKILL DEVELOPMENT,
   D. ESTIMATED COSTS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11389-01-3
              

 A. 7591                             2
 
   E. OBJECTIVES INCLUDING COORDINATION WITH THE UNIVERSITY'S  LONG-RANGE
 PLAN,
   F.  EXTENT  OF  OTHER FUNDS AND RESOURCES TO BE UTILIZED IN SUPPORT OF
 THE PROGRAM,
   G. PROCEDURES FOR THE EVALUATION OF STUDENT PROGRESS, AND
   H. PERIODIC REPORTS.
   3. THE GENERAL PLAN SHALL BE TRANSMITTED TO THE BOARD  OF  REGENTS  AT
 SUCH  TIME  AS  THE  REGENTS  SHALL  BY RULE REQUIRE. SUCH PLAN SHALL BE
 REVIEWED BY THE REGENTS AND SHALL GUIDE AND DETERMINE THE  OPERATION  OF
 SUCH PROGRAM AT THE STATE UNIVERSITY OF NEW YORK.
   4.  A.  STATE APPROPRIATIONS MADE AVAILABLE TO THE STATE UNIVERSITY OF
 NEW YORK FOR  THIS  PROGRAM  SHALL  BE  SPENT  ONLY  FOR  THE  FOLLOWING
 PURPOSES:
   (I) SPECIAL TESTING, COUNSELING AND GUIDANCE SERVICES IN THE COURSE OF
 SCREENING POTENTIAL STUDENTS,
   (II)  REMEDIAL  COURSES,  DEVELOPMENTAL  AND  COMPENSATORY COURSES AND
 SUMMER CLASSES FOR SUCH STUDENTS,
   (III) SPECIAL TUTORING, COUNSELING AND GUIDANCE SERVICES FOR  ENROLLED
 STUDENTS,
   (IV)  CENTRAL  SERVICES INCLUDING EVALUATION AND ADMINISTRATIVE COSTS,
 AND
   (V) ANY NECESSARY SUPPLEMENTAL FINANCIAL ASSISTANCE, WHICH MAY INCLUDE
 THE COST OF BOOKS AND NECESSARY MAINTENANCE FOR SUCH STUDENTS, INCLUDING
 STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS  PROVIDED  THAT  THE  STUDENT
 MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
 SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE  OF  SECTION  SIX
 HUNDRED  SIXTY-ONE  OF  THIS  CHAPTER, AS APPLICABLE; PROVIDED, HOWEVER,
 THAT SUCH SUPPLEMENTAL FINANCIAL ASSISTANCE SHALL BE FURNISHED  PURSUANT
 TO CRITERIA PROMULGATED BY THE STATE UNIVERSITY OF NEW YORK AND APPROVED
 BY THE REGENTS AND THE DIRECTOR OF THE BUDGET.
   B.  NO  FUNDS  PURSUANT  TO  THIS  SECTION  SHALL BE MADE AVAILABLE TO
 SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY  STATE  UNIVERSITY  OF  NEW
 YORK  COLLEGE  OR  UNIVERSITY  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 THE STATE.
   5.  THE  TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL FURNISH TO
 THE REGENTS, THE DIRECTOR OF THE BUDGET, THE CHAIR OF THE SENATE FINANCE
 COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS  AND  MEANS  COMMITTEE,  AT
 LEAST  ANNUALLY, A REPORT IN SUCH FORM, AT SUCH TIME AND CONTAINING SUCH
 INFORMATION AS THE REGENTS AND THE DIRECTOR OF THE BUDGET  MAY  REQUIRE,
 OF THE OPERATIONS OF SUCH PROGRAM. THE REPORT SHALL INCLUDE:
   A. A STATEMENT OF THE OBJECTIVES OF THE PROGRAM,
   B. A DESCRIPTION OF THE PROGRAM,
   C.  THE  BUDGETARY  EXPENDITURES  FOR SUCH PROGRAM, SEPARATELY STATING
 ACADEMIC CREDIT INSTRUCTIONAL COSTS, OTHER INSTRUCTIONAL COSTS, TUTORING
 COSTS, REMEDIATION, COUNSELING, SUPPLEMENTAL  FINANCIAL  ASSISTANCE  AND
 CENTRAL SERVICES, INCLUDING EVALUATION AND ADMINISTRATIVE COSTS,
   D.  THE  EXTENT  OF  OTHER FUNDS AND RESOURCES USED IN SUPPORT OF SUCH
 PROGRAM AND THEIR SOURCES,
   E. THE PROGRESS OF STUDENTS,
   F. THE EXTENT AND NATURE OF THE  RESPONSIBILITY  EXERCISED  OVER  SUCH
 PROGRAM BY SUCH TRUSTEES,
   G.  THE  EXTENT  AND  NATURE OF SUPERVISION AND CONTROL EXERCISED OVER
 SUCH PROGRAM BY THE ADMINISTRATIVE OFFICIALS OF THE  CONSTITUENT  INSTI-
 TUTIONS OF THE STATE UNIVERSITY OF NEW YORK, AND
 A. 7591                             3
 
   H.  A  CERTIFICATION  BY SUCH TRUSTEES THAT THE ACADEMIC COMMITTEES OF
 THE CONSTITUENT INSTITUTIONS OF THE STATE UNIVERSITY  OF  NEW  YORK  AND
 THEIR FACULTY COMMITTEES HAVE REVIEWED AND APPROVED THE ACADEMIC CONTENT
 OF  THE  COURSES  OFFERED  FOR  ACADEMIC  CREDIT IN SUCH PROGRAM AND THE
 AMOUNT  OF  ACADEMIC  CREDIT  GRANTED THEREFOR AND THAT THE REGISTRATION
 REQUIREMENTS OF THE REGENTS AND THE COMMISSIONER  HAVE  BEEN  MET  WHERE
 APPLICABLE.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7591--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on  Higher  Education  --  committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the education  law,  in  relation  to  establishing  the
   mental health educational opportunity program

   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.  MENTAL HEALTH EDUCATIONAL OPPORTUNITY PROGRAM. 1. TO PROVIDE
 ADDITIONAL EDUCATIONAL OPPORTUNITIES FOR STUDENTS TO ENROLL IN  ACADEMIC
 PROGRAMS  THAT LEAD TO A DEGREE OR DEGREES REQUIRED FOR LICENSURE IN ANY
 OF THE MENTAL  HEALTH  PROFESSIONS  PURSUANT  TO  ARTICLES  ONE  HUNDRED
 FIFTY-THREE,  ONE HUNDRED FIFTY-FOUR AND ONE HUNDRED SIXTY-THREE OF THIS
 CHAPTER, A PARTICIPATING COLLEGE OR  UNIVERSITY  SHALL  PROVIDE  SPECIAL
 PROGRAMS  FOR  THE  SCREENING,  TESTING, COUNSELING AND TUTORING OF, AND
 ASSISTANCE TO, RESIDENTS OF THE STATE,  (I)  WHO  ARE  GRADUATES  OF  AN
 APPROVED  HIGH  SCHOOL OR INDIVIDUALS WHO HAVE ATTAINED A NEW YORK STATE
 HIGH SCHOOL EQUIVALENCY DIPLOMA OR ITS EQUIVALENT, AS DETERMINED BY  THE
 COMMISSIONER, (II) WHO HAVE POTENTIAL FOR THE SUCCESSFUL COMPLETION OF A
 POST-SECONDARY  PROGRAM  THAT  LEADS TO A DEGREE OR DEGREES REQUIRED FOR
 LICENSURE IN ANY MENTAL HEALTH PROFESSION, AND  (III)  WHO  ARE  ECONOM-
 ICALLY AND EDUCATIONALLY DISADVANTAGED.
   2. FOR THE PURPOSES OF THIS SECTION A PARTICIPATING COLLEGE OR UNIVER-
 SITY  SHALL BE DEFINED AS ANY COLLEGE OR UNIVERSITY OF THE STATE UNIVER-
 SITY OF NEW YORK OR THE CITY UNIVERSITY OF NEW  YORK,  OR  A  NON-PUBLIC
 COLLEGE OR UNIVERSITY INCORPORATED BY THE REGENTS.
   3.  A  NON-PUBLIC  COLLEGE  OR  UNIVERSITY  THAT  PARTICIPATES IN THIS
 PROGRAM SHALL CONTRACT WITH THE COMMISSIONER TO PROVIDE THE SERVICES  IN
 THIS  SECTION  PURSUANT TO A PROCESS PROMULGATED BY THE COMMISSIONER FOR
 SUCH PURPOSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11389-02-3
              

 A. 7591--A                          2
 
   4. THE COMMISSIONER, IN CONSULTATION WITH THE STATE UNIVERSITY OF  NEW
 YORK,  THE  CITY  UNIVERSITY  OF  NEW  YORK, AND NON-PUBLIC COLLEGES AND
 UNIVERSITIES CHOSEN BY THE COMMISSIONER, SHALL FORMULATE A GENERAL  PLAN
 FOR  THE ORGANIZATION, DEVELOPMENT, COORDINATION AND OPERATION OF SUCH A
 PROGRAM  WITHIN  THE AMOUNTS MADE AVAILABLE THEREFOR BY LAW. SUCH A PLAN
 SHALL INCLUDE:
   A. DEFINITION OF ELIGIBILITY,
   B. PROCEDURES FOR THE SELECTION OF STUDENTS FROM AMONG THE ELIGIBLES,
   C. DESCRIPTION OF THE CONTENTS  OF  SUCH  PROPOSED  PROGRAM  INCLUDING
 COUNSELING, TUTORING AND SKILL DEVELOPMENT,
   D. ESTIMATED COSTS,
   E. OBJECTIVES,
   F.  EXTENT  OF  OTHER FUNDS AND RESOURCES TO BE UTILIZED IN SUPPORT OF
 THE PROGRAM,
   G. PROCEDURES FOR THE EVALUATION OF STUDENT PROGRESS, AND
   H. PERIODIC REPORTS.
   5. THE GENERAL PLAN SHALL BE TRANSMITTED TO THE BOARD  OF  REGENTS  AT
 SUCH  TIME  AS  THE  REGENTS  SHALL  BY RULE REQUIRE. SUCH PLAN SHALL BE
 REVIEWED BY THE REGENTS AND SHALL GUIDE AND DETERMINE THE  OPERATION  OF
 SUCH PROGRAM.
   6.  A.  STATE  APPROPRIATIONS MADE AVAILABLE FOR THIS PROGRAM SHALL BE
 SPENT ONLY FOR THE FOLLOWING PURPOSES:
   (I) SPECIAL TESTING, COUNSELING AND GUIDANCE SERVICES IN THE COURSE OF
 SCREENING POTENTIAL STUDENTS,
   (II) REMEDIAL COURSES,  DEVELOPMENTAL  AND  COMPENSATORY  COURSES  AND
 SUMMER CLASSES FOR SUCH STUDENTS,
   (III)  SPECIAL TUTORING, COUNSELING AND GUIDANCE SERVICES FOR ENROLLED
 STUDENTS,
   (IV) CENTRAL SERVICES INCLUDING EVALUATION AND  ADMINISTRATIVE  COSTS,
 AND
   (V) ANY NECESSARY SUPPLEMENTAL FINANCIAL ASSISTANCE, WHICH MAY INCLUDE
 THE COST OF BOOKS AND NECESSARY MAINTENANCE FOR SUCH STUDENTS, INCLUDING
 STUDENTS  WITHOUT  LAWFUL  IMMIGRATION  STATUS PROVIDED THAT THE STUDENT
 MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR
 SUBPARAGRAPH  (II)  OF  PARAGRAPH  B  OF SUBDIVISION FIVE OF SECTION SIX
 HUNDRED SIXTY-ONE OF THIS CHAPTER,  AS  APPLICABLE;  PROVIDED,  HOWEVER,
 THAT  SUCH SUPPLEMENTAL FINANCIAL ASSISTANCE SHALL BE FURNISHED PURSUANT
 TO CRITERIA PROMULGATED BY THE COMMISSIONER AND APPROVED BY THE  REGENTS
 AND THE DIRECTOR OF THE BUDGET.
   B.  NO  FUNDS  PURSUANT  TO  THIS  SECTION  SHALL BE MADE AVAILABLE TO
 SUPPORT THE REGULAR ACADEMIC  PROGRAMS  OF  ANY  COLLEGE  OR  UNIVERSITY
 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 THE STATE.
   7.  A PARTICIPATING COLLEGE OR UNIVERSITY SHALL FURNISH TO THE COMMIS-
 SIONER, THE REGENTS, THE DIRECTOR OF THE BUDGET, THE CHAIR OF THE SENATE
 FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND  MEANS  COMMIT-
 TEE, AT LEAST ANNUALLY, A REPORT IN SUCH FORM, AT SUCH TIME AND CONTAIN-
 ING  SUCH  INFORMATION AS THE REGENTS AND THE DIRECTOR OF THE BUDGET MAY
 REQUIRE, OF THE OPERATIONS OF SUCH PROGRAM. THE REPORT SHALL INCLUDE:
   A. A STATEMENT OF THE OBJECTIVES OF THE PROGRAM,
   B. A DESCRIPTION OF THE PROGRAM,
   C. THE BUDGETARY EXPENDITURES FOR  SUCH  PROGRAM,  SEPARATELY  STATING
 ACADEMIC CREDIT INSTRUCTIONAL COSTS, OTHER INSTRUCTIONAL COSTS, TUTORING
 COSTS,  REMEDIATION,  COUNSELING,  SUPPLEMENTAL FINANCIAL ASSISTANCE AND
 CENTRAL SERVICES, INCLUDING EVALUATION AND ADMINISTRATIVE COSTS,
 A. 7591--A                          3
 
   D. THE EXTENT OF OTHER FUNDS AND RESOURCES USED  IN  SUPPORT  OF  SUCH
 PROGRAM AND THEIR SOURCES,
   E. THE PROGRESS OF STUDENTS, AND
   F.  THE  EXTENT  AND  NATURE OF THE RESPONSIBILITY EXERCISED OVER SUCH
 PROGRAM BY SUCH TRUSTEES.
   8. CONTRACTS MADE PURSUANT TO THIS SECTION SHALL  BE  SUBJECT  TO  THE
 APPROVAL OF THE DIRECTOR OF THE BUDGET.
   § 2. This act shall take effect immediately.