S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9498--A
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced  by  M. of A. FAHY -- 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 including underrepre-
   sented ethnic groups in the admission criteria  for  the  science  and
   technology  entry  program and collegiate science and technology entry
   program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings. Representation in the workforce is
 critical, especially in New York's healthcare workforce.  A  2017  study
 published  in  the Journal of General Internal Medicine found that Black
 and Hispanic patients were more likely  to  report  feeling  comfortable
 discussing sensitive topics with a provider of the same race or ethnici-
 ty.  A 2019 study published in the Journal of Health Care Administration
 found that  culturally  competent  care  was  associated  with  improved
 patient  satisfaction,  adherence  to  treatment,  and  health outcomes.
 Further a 2020 report by the National Academies of  Sciences,  Engineer-
 ing,  and Medicine found that a diverse healthcare workforce can improve
 access to care for  underserved  populations.  These  benefits  are  not
 limited to healthcare. A 2017 study published in Nature and a 2019 study
 in  the  Harvard  Business  Review  found  that diverse teams outperform
 homogenous teams in terms of creativity and problem-solving. This  means
 that  the  health  and  economic future of our state is dependent on the
 diversity of our workforce.
   The Science and Technology Entry Program (STEP) and Collegiate Science
 and Technology Entry Program (CSTEP) have a successful history of bring-
 ing underrepresented students into science, technology, engineering, and
 math (STEM), licensed professions and health professions fields.   These
 programs  create  academic  opportunities  for  students  who have faced
 disadvantages and discrimination. To  ensure  that  these  programs  can
 continue  to  fulfill their mission of delivering opportunity and equity
 to students, the programs' admissions criteria must be updated to be  in
 line with recent legal findings.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14325-02-4
 A. 9498--A                          2
 
   The STEP and CSTEP admissions criteria must allow for admission of any
 student  from  any group underrepresented in a STEM, licensed profession
 field or health profession field. This will require that  the  New  York
 State  Board  of Regents identify underrepresentation in eligible career
 fields prior to the periodic release of RFPs for STEP and CSTEP.  Under-
 representation  shall be determined using available workforce statistics
 and defined in rules. This determination will provide "focused and meas-
 urable objectives" (as required by the U.S. Supreme  Court)  while  also
 having  a definable endpoint: the correction of underrepresentation in a
 specific professional field reviewed on a regular basis (the contractual
 period defined by an individual RFP).
   Every ethnic or racial group is underrepresented in various  workforce
 fields  in  New  York.  STEP  and CSTEP will help rectify that issue and
 ultimately root out the  pernicious  impact  of  underrepresentation  in
 various professions.
   §  2.  Subdivisions  1  and 5 of section 6454 of the education law, as
 added by chapter 31 of the laws of 1985, subparagraph 4 of  paragraph  a
 of  subdivision  5  as  amended  by chapter 439 of the laws of 1988, are
 amended and a new subdivision 9 is added to read as follows:
   1. As used in this section:
   a. ["Council" means the council  on  professional  career  opportunity
 created pursuant to article forty-four of the executive law;
   b.]  "Eligible  students"  shall mean secondary school students INTER-
 ESTED IN PURSING A CAREER IN AN ELIGIBLE PROFESSION AS DEFINED IN  PARA-
 GRAPH  C  OF THIS SUBDIVISION, who are either economically disadvantaged
 or [minorities historically] A MEMBER OF AN ETHNIC GROUP THAT IS  under-
 represented  in  the  [scientific, technical, health, and health-related
 professions as defined by the regents after consultation with the  coun-
 cil; and]  ELIGIBLE PROFESSION THEY ARE INTERESTED IN PURSUING.
   [c.]  B.  "Eligible applicant" shall mean an institution of postsecon-
 dary education or a consortia of such institutions.
    C. "ELIGIBLE PROFESSION" SHALL MEAN A SCIENTIFIC, TECHNICAL,  HEALTH,
 HEALTH-RELATED  PROFESSION  OR ANY PROFESSION LICENSED PURSUANT TO TITLE
 EIGHT OF THIS CHAPTER.
   5. a. Grants shall be awarded to eligible applicants based upon crite-
 ria established by the commissioner after consultation with the council,
 including, but not limited to, the following:
   (1) an established record of conducting effective collaborative educa-
 tional programs with neighboring secondary schools;
   (2) the ability and willingness to cooperate with other  postsecondary
 institutions in operating a program funded pursuant to this section; AND
   (3)  the  capacity  to secure or provide additional support in amounts
 equal to at least twenty-five percent of the  grant  sought  under  this
 section  through  private  and  other  governmental  sources and through
 in-kind services[;
   (4) a location within a school district with an  enrollment  comprised
 of  at  least  twenty percent minority group students or a location near
 such a district that is accessible by public transportation].
   b. [The commissioner shall select the grant recipients after consulta-
 tion with the council.] To the fullest extent  practicable  the  commis-
 sioner  [and the council] shall ensure that grants are awarded to eligi-
 ble applicants in a diversity of regions of the state.
   9. THE DEPARTMENT SHALL PERIODICALLY REVIEW WORKFORCE DATA  TO  DETER-
 MINE LEVELS OF ETHNIC REPRESENTATION IN ELIGIBLE PROFESSIONS.
   §  3. Subdivisions 1, 2 and 3 of section 6455 of the education law, as
 added by chapter 285 of the laws of 1986, paragraph (a) of subdivision 2
 A. 9498--A                          3
 
 and paragraph (a) of subdivision 3 as amended by chapter 26 of the  laws
 of 2019, and the opening paragraph of subparagraph (ii) of paragraph (a)
 of subdivision 2 and the opening paragraph of subparagraph (ii) of para-
 graph  (a)  of  subdivision  3  as amended by chapter 669 of the laws of
 2022, are amended to read as follows:
   1. General  requirements.  The  commissioner  shall  award  grants  to
 degree-granting  institutions in New York or to consortia of such insti-
 tutions to be used for the purpose of increasing  access  by  [minority]
 UNDERREPRESENTED  or  disadvantaged  students  to academic programs that
 have been registered by  the  commissioner  and  that  prepare  students
 either  for licensure in the professions or for employment in scientific
 and technical fields.
   2. Undergraduate programs.  (a) (i) Undergraduate science and technol-
 ogy entry program moneys may be used for tutoring, counseling,  remedial
 and  special  summer courses, supplemental financial assistance, program
 administration, and other activities which  the  commissioner  may  deem
 appropriate.  To  be  eligible  for undergraduate collegiate science and
 technology entry program support, a student must be a  resident  of  New
 York,  or  meet the requirements of subparagraph (ii) of this paragraph,
 and must be either economically disadvantaged or  [from  a  minority]  A
 MEMBER  OF AN ETHNIC group [historically under represented in the scien-
 tific, technical, health and health-related professions] THAT IS  UNDER-
 REPRESENTED  IN  THE  ELIGIBLE PROFESSION OR FIELD THEY ARE PURSUING, AS
 DEFINED BY THE REGENTS PRIOR TO THE RELEASE OF PERIODIC APPLICATIONS FOR
 FUNDING, and must demonstrate interest in and a potential for a  profes-
 sional career if provided special services. Eligible students must be in
 good academic standing, enrolled full time in an approved, undergraduate
 level program of study, as defined by the regents.
   (ii)  An  applicant who is not a legal resident of New York state, but
 who is a United States citizen, a permanent lawful resident, an individ-
 ual who is granted U or T non-immigrant status pursuant to  the  Victims
 of  Trafficking  and  Violence  Protection Act of 2000, a person granted
 temporary protected status pursuant to the Federal  Immigration  Act  of
 1990,  an  individual  of  a  class  of refugees paroled by the attorney
 general of the United States under his or her parole authority  pertain-
 ing  to  the admission of noncitizens to the United States, or an appli-
 cant without lawful immigration status, shall be eligible for  an  award
 at the undergraduate level of study provided that the student:
   (1)  attended  a registered New York state high school for two or more
 years, graduated from a  registered  New  York  state  high  school  and
 applied  for  attendance  at the institution of higher education for the
 undergraduate study for which an award is sought within  five  years  of
 receiving a New York state high school diploma; or
   (2)  attended  an  approved  New  York  state program for a state high
 school equivalency diploma, received a  state  high  school  equivalency
 diploma  and  applied for attendance at the institution of higher educa-
 tion for the undergraduate study for which an  award  is  sought  within
 five years of receiving a state high school equivalency diploma; or
   (3)  is  otherwise  eligible  for the payment of tuition and fees at a
 rate no greater than that imposed for resident  students  of  the  state
 university  of  New  York,  the city university of New York or community
 colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
 sion  two of section three hundred fifty-five or paragraph (a) of subdi-
 vision seven of section sixty-two hundred six of this chapter.
   Provided, further, that a student without  lawful  immigration  status
 shall  also  be  required  to file an affidavit with such institution of
 A. 9498--A                          4
 
 higher education stating that the student has filed  an  application  to
 legalize his or her immigration status, or will file such an application
 as soon as he or she is eligible to do so.
   (b)  Applications  for  funding  shall be submitted by eligible insti-
 tutions to the department in accordance with requirements established by
 the commissioner. Priority consideration shall be given to  institutions
 which  coordinate  their efforts to increase [minority access] REPRESEN-
 TATION OF UNDERREPRESENTED ETHNIC GROUPS  with  similar  activities  for
 programs  at the secondary level in accordance with this section. Grants
 shall be awarded based on criteria established by the commissioner.
   3. Graduate programs.  (a) (i) Graduate science and  technology  entry
 program  moneys may be used for recruitment, academic enrichment, career
 planning, supplemental financial assistance, review for licensing  exam-
 inations, program administration, and other activities which the commis-
 sioner  may  deem  appropriate.  To  be eligible for graduate collegiate
 science and technology entry program support, a student must be a  resi-
 dent  of New York, or meet the requirements of subparagraph (ii) of this
 paragraph, and must be either economically  disadvantaged  or  [from]  a
 [minority]  MEMBER OF AN ETHNIC group [historically] THAT IS underrepre-
 sented in the [scientific,  technical  and  health-related  professions]
 ELIGIBLE PROFESSION OR FIELD THEY ARE PURSUING AS DEFINED BY THE REGENTS
 PRIOR  TO  THE  RELEASE  OF PERIODIC APPLICATIONS FOR FUNDING.  Eligible
 students must be in good academic standing, enrolled  full  time  in  an
 approved graduate level program, as defined by the regents.
   (ii)  An  applicant who is not a legal resident of New York state, but
 either is a United States citizen, a permanent lawful resident, an indi-
 vidual who is granted U  or  T  non-immigrant  status  pursuant  to  the
 Victims  of  Trafficking  and  Violence Protection Act of 2000, a person
 granted temporary protected status pursuant to the  Federal  Immigration
 Act  of 1990, an individual of a class of refugees paroled by the attor-
 ney general of the United States  under  his  or  her  parole  authority
 pertaining  to  the admission of noncitizens to the United States, or an
 applicant without lawful immigration status shall  be  eligible  for  an
 award at the graduate level of study provided that the student:
   (1)  attended a registered approved New York state high school for two
 or more years, graduated from a registered New York  state  high  school
 and  applied  for  attendance at the institution of higher education for
 the graduate study for which an award is  sought  within  ten  years  of
 receiving a New York state high school diploma; or
   (2)  attended  an  approved  New  York  state program for a state high
 school equivalency diploma, received a  state  high  school  equivalency
 diploma  and  applied for attendance at the institution of higher educa-
 tion for the graduate study for which an  award  is  sought  within  ten
 years of receiving a state high school equivalency diploma; or
   (3)  is  otherwise  eligible  for the payment of tuition and fees at a
 rate no greater than that imposed for resident  students  of  the  state
 university  of  New  York,  the city university of New York or community
 colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
 sion  two of section three hundred fifty-five or paragraph (a) of subdi-
 vision seven of section sixty-two hundred six of this chapter.
   Provided, further, that a student without  lawful  immigration  status
 shall  also  be  required  to file an affidavit with such institution of
 higher education stating that the student has filed  an  application  to
 legalize his or her immigration status, or will file such an application
 as soon as he or she is eligible to do so.
 A. 9498--A                          5

   (b) Applications for funding shall be made by eligible institutions in
 accordance  with  requirements  established  by the commissioner. Grants
 shall be awarded based on  criteria  established  by  the  commissioner.
 Priority  consideration  shall be given to institutions which coordinate
 their  efforts to increase [minority access] REPRESENTATION OF UNDERREP-
 RESENTED ETHNIC GROUPS with  similar  activities  at  the  undergraduate
 level.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.