S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8941
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  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 dual or concurrent enrollment coursework
 
   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  13-D
 to read as follows:
                               ARTICLE 13-D
           TUITION ASSISTANCE PROGRAM AWARDS FOR DUAL ENROLLMENT
                                COURSEWORK
 SECTION 645. TUITION  ASSISTANCE  PROGRAM  AWARDS FOR DUAL OR CONCURRENT
                ENROLLMENT COURSEWORK.
   § 645. TUITION  ASSISTANCE  PROGRAM  AWARDS  FOR  DUAL  OR  CONCURRENT
 ENROLLMENT  COURSEWORK.  1.  LEGISLATIVE  INTENT. THE LEGISLATURE HEREBY
 FINDS AND DECLARES IT NECESSARY TO PROMOTE ON TIME AND EARLY  GRADUATION
 THROUGH  SUPPORTING  ACCESS  TO COLLEGE-LEVEL COURSES AND COLLEGE DEGREE
 CREDITS AT  THE  SECONDARY  LEVEL  WITH  INNOVATIVE  PARTNERSHIPS  AMONG
 SECONDARY  AND POST-SECONDARY SCHOOLS, STAFF AND RESOURCES. THE LEGISLA-
 TURE ALSO VALUES EARLY COLLEGE HIGH SCHOOL  PROGRAMS,  P-TECH  PROGRAMS,
 AND OTHER DUAL OR CONCURRENT ENROLLMENT PROGRAMS WHICH NOT ONLY INCREASE
 STUDENTS'  ACCESS  TO  HIGHER EDUCATION, BUT ALSO REDUCE 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 TOWARD A BACCALAUREATE DEGREE.  THIS  LEGISLATION
 PROVIDES  INCENTIVES  FOR HIGH SCHOOL STUDENTS TO PROCEED TO COLLEGE AND
 TO EARN A COLLEGE DEGREE BY ACCELERATING  THEIR  OVERALL  COMPLETION  OF
 SUCH  A  DEGREE.  IT  ALSO  BETTER  PREPARES  HIGH  SCHOOL  STUDENTS FOR
 COLLEGE-LEVEL COURSEWORK, WHICH WILL IN TURN,  INCREASE  THEIR  ACADEMIC
 PERFORMANCE. ULTIMATELY, DUAL OR CONCURRENT ENROLLMENT PROGRAMS INCREASE
 GRADUATION RATES BOTH AT THE HIGH SCHOOL AND COLLEGE LEVELS.
   THE  LEGISLATURE  HEREBY  FINDS  AND  DECLARES IT NECESSARY TO PROVIDE
 FUNDING FOR DUAL OR CONCURRENT ENROLLMENT PROGRAMS TO ENSURE  ACCESS  TO
 HIGH  QUALITY  PROGRAMMING  THAT  CONTINUES TO INNOVATE AND CONTINUES TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10124-01-3
 A. 8941                             2
 
 GROW THROUGH PERFORMANCE BASED RESULTS.    STUDENTS  WILL  REQUIRE  LESS
 TUITION ASSISTANCE FUNDS (TAP) TO COMPLETE THEIR DEGREE AT THE POST-SEC-
 ONDARY LEVEL AND POTENTIALLY AVOID  NEW DEBT.
   2.  ESTABLISHMENT  OF DUAL OR CONCURRENT ENROLLMENT TUITION ASSISTANCE
 PROGRAM AWARDS.  NOTWITHSTANDING ANY RULE, REGULATION,  OR  LAW  TO  THE
 CONTRARY, THE PRESIDENT IS HEREBY AUTHORIZED TO AWARD DUAL OR CONCURRENT
 ENROLLMENT  PROGRAM  AWARDS FOR PAYMENT ANNUALLY, BEGINNING WITH THE TWO
 THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR  ACADEMIC  YEAR  AND  IN
 EACH  ACADEMIC  YEAR  THEREAFTER,  THROUGH  THE  DEPARTMENT,  TO  SCHOOL
 DISTRICTS IN WHICH DUAL OR CONCURRENT ENROLLMENT PROGRAMS  ARE  LOCATED,
 UPON  APPLICATION  BY  SUCH  SCHOOL  DISTRICTS,  IN  SUCH AMOUNTS AS ARE
 AUTHORIZED TO BE PAID BY SUBDIVISION FIVE  OF  THIS  SECTION,  AND  UPON
 CERTIFICATION  BY  THE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO
 SUBDIVISION ONE OF SECTION SIX HUNDRED SIXTY-NINE-E OF THIS TITLE.
   3. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
   A. "DUAL OR CONCURRENT ENROLLMENT PROGRAM" MEANS A  PROGRAM  OF  STUDY
 THAT  PROVIDES  POST-SECONDARY  COURSEWORK  OUTSIDE  OF A POST-SECONDARY
 SETTING FOR ELIGIBLE STUDENTS ENROLLED  IN  PROGRAMS  WITH  HIGH  SCHOOL
 COURSES  LEADING  TO  THE GRANTING OF A HIGH SCHOOL DIPLOMA AND COLLEGE-
 LEVEL CREDIT LEADING TO THE GRANTING OF A POST-SECONDARY DEGREE, DIPLOMA
 OR CERTIFICATE AT A POST-SECONDARY INSTITUTION. SUCH DUAL OR  CONCURRENT
 ENROLLMENT  PROGRAM  SHALL  HAVE A WRITTEN AGREEMENT BETWEEN THE PARTIC-
 IPATING HIGH SCHOOL AND AN INSTITUTION OF HIGHER EDUCATION LOCATED WITH-
 IN NEW YORK STATE OUTLINING POLICIES FOR THE ACADEMIC PROGRAM INCLUDING,
 BUT NOT LIMITED TO, THE TYPE OF DEGREE AND CREDITS AWARDED.
   B. "ELIGIBLE STUDENT" MEANS A STUDENT WHO:
   (I) HAS GRADUATED FROM A DUAL OR CONCURRENT ENROLLMENT PROGRAM IN  THE
 TWO  THOUSAND  TWENTY-TWO--TWO  THOUSAND  TWENTY-THREE  ACADEMIC YEAR OR
 THEREAFTER;
   (II) IS MATRICULATED IN AN APPROVED PROGRAM LEADING TO THE GRANTING OF
 A POST-SECONDARY DEGREE AT  A  POST-SECONDARY  INSTITUTION  ELIGIBLE  TO
 PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM;
   (III)  MEETS  THE ELIGIBILITY CRITERIA FOR A GENERAL AWARD PURSUANT TO
 SECTION SIX HUNDRED SIXTY-ONE OF THIS TITLE;
   (IV) IS ELIGIBLE FOR A TUITION ASSISTANCE PROGRAM  AWARD  PURSUANT  TO
 SECTION SIX HUNDRED SIXTY-SEVEN OF THIS TITLE; AND
   (V) HAS RECEIVED DEGREE GRANTING CREDIT FROM A POST-SECONDARY INSTITU-
 TION  ELIGIBLE  TO PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM FOR THE
 COURSEWORK UNDERTAKEN IN THE  APPROVED  DUAL  OR  CONCURRENT  ENROLLMENT
 PROGRAM.
   4.  PART-TIME STUDY. A STUDENT WHO OTHERWISE SATISFIES THE ELIGIBILITY
 REQUIREMENTS SET FORTH IN PARAGRAPH  B  OF  SUBDIVISION  THREE  OF  THIS
 SECTION  AND IS ENROLLED AT LEAST HALF-TIME AT A POST-SECONDARY INSTITU-
 TION ELIGIBLE TO PARTICIPATE IN THE TUITION  ASSISTANCE  PROGRAM,  SHALL
 ALSO BE DEEMED AN ELIGIBLE STUDENT.
   5. AMOUNT. THE COMMISSIONER SHALL MAKE AN AWARD TO THE SCHOOL DISTRICT
 IN  WHICH  THE DUAL OR CONCURRENT ENROLLMENT PROGRAM IS LOCATED FOR EACH
 ELIGIBLE STUDENT IN AN AMOUNT CERTIFIED BY THE PRESIDENT.
   § 2. The education law is amended by adding a  new  section  669-i  to
 read as follows:
   §  669-I.  DUAL  OR  CONCURRENT ENROLLMENT AWARD PROGRAM. 1.   CERTIF-
 ICATION. FOR EACH STUDENT IDENTIFIED BY THE POST-SECONDARY  INSTITUTION,
 WHICH  SHALL  BE  ELIGIBLE  TO  PARTICIPATE  IN  THE  TUITION ASSISTANCE
 PROGRAM, SHALL CERTIFY TO THE PRESIDENT: (I)  WHETHER  SUCH  STUDENT  IS
 ELIGIBLE  FOR A TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION SIX
 HUNDRED SIXTY-SEVEN OF THIS SUBPART; (II) WHETHER SUCH STUDENT MEETS THE
 A. 8941                             3
 
 ELIGIBILITY CRITERIA FOR A GENERAL AWARD PURSUANT TO SECTION SIX HUNDRED
 SIXTY-ONE OF  THIS  PART;  (III)  WHETHER  SUCH  STUDENT  SATISFIES  THE
 REQUIREMENT  SET FORTH IN SUBDIVISION FOUR OF SECTION SIX HUNDRED FORTY-
 FIVE  OF  THIS  TITLE;  (IV)  THE NUMBER OF DEGREE GRANTING CREDITS SUCH
 STUDENT RECEIVED FROM THE POST-SECONDARY INSTITUTION FOR THE  COURSEWORK
 UNDERTAKEN  IN  THE  DUAL OR CONCURRENT ENROLLMENT PROGRAM; AND (V) SUCH
 OTHER INFORMATION AS THE COMMISSIONER AND/OR THE PRESIDENT  DEEM  NECES-
 SARY  TO ADMINISTER THE PROGRAM. THE PRESIDENT SHALL CERTIFY THIS INFOR-
 MATION AND THE AMOUNT OF THE AWARD CALCULATED IN ACCORDANCE WITH  SUBDI-
 VISION TWO OF THIS SECTION TO THE COMMISSIONER.
   2.  CALCULATION  OF  AWARD AMOUNTS. THE PRESIDENT SHALL BE RESPONSIBLE
 FOR CALCULATING THE DOLLAR AMOUNT OF EACH AWARD IN AN  AMOUNT  EQUAL  TO
 THE  PRODUCT OF:   THE NUMBER OF DEGREE GRANTING CREDITS ACCEPTED BY THE
 ELIGIBLE STUDENT'S POST-SECONDARY INSTITUTION FOR COURSEWORK  UNDERTAKEN
 IN  THE  DUAL OR CONCURRENT ENROLLMENT PROGRAM FOR SUCH ELIGIBLE STUDENT
 AND THE DOLLAR AMOUNT ESTABLISHED  FOR  ONE  CREDIT  FOR  SUCH  ELIGIBLE
 STUDENT.  FOR AN ELIGIBLE STUDENT ENROLLED FULL-TIME AT A POST-SECONDARY
 INSTITUTION  ELIGIBLE  TO PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM,
 THE DOLLAR AMOUNT FOR ONE CREDIT SHALL BE ESTABLISHED  AS  THE  QUOTIENT
 OF:  THE ELIGIBLE STUDENT'S TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO
 SECTION SIX HUNDRED SIXTY-SEVEN OF THIS SUBPART; AND THE MINIMUM  NUMBER
 OF  CREDITS REQUIRED FOR FULL-TIME STUDY AS DEFINED BY THE COMMISSIONER.
 FOR AN ELIGIBLE STUDENT ENROLLED PART-TIME AT A POST-SECONDARY  INSTITU-
 TION  ELIGIBLE  TO  PARTICIPATE  IN  THE TUITION ASSISTANCE PROGRAM, THE
 DOLLAR AMOUNT FOR ONE CREDIT SHALL BE ESTABLISHED AS  THE  QUOTIENT  OF:
 THE  AVERAGE  TUITION  ASSISTANCE  PROGRAM  AWARD  PAID TO ALL PART-TIME
 TUITION ASSISTANCE PROGRAM RECIPIENTS, PURSUANT TO SECTION  SIX  HUNDRED
 SIXTY-SIX OF THIS SUBPART, FROM THE ACADEMIC YEAR TWO YEARS PRIOR TO THE
 ACADEMIC  YEAR  IN WHICH THE AWARD IS TO BE MADE; AND THE AVERAGE NUMBER
 OF CREDITS TAKEN BY SUCH RECIPIENTS.
   3. AWARD DISBURSEMENT. ANNUAL AWARD DISBURSEMENTS SHALL BE THE RESPON-
 SIBILITY OF THE COMMISSIONER THROUGH A JOINT AGREEMENT WITH  THE  PRESI-
 DENT AND SHALL BE MADE DIRECTLY TO THE SCHOOL DISTRICT IN WHICH THE DUAL
 OR  CONCURRENT ENROLLMENT PROGRAM IS LOCATED USING FUNDS APPROPRIATED TO
 THE TUITION ASSISTANCE PROGRAM.
   § 3. This act shall take effect on the first of July  next  succeeding
 the  date on which it shall have become a law. Effective immediately the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  implementation  of this act on its effective date are authorized to
 be made and completed on or before such date.