NY State Senate Bill 2023-S4959

Senate Bill S4959

2023-2024 Legislative Session

Establishes a direct service professional credit and career ladder tuition assistance grant program

download bill text pdf

Current Bill Status - In Senate Committee Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to disabilities
May 15, 2023	reported and committed to finance
Feb 17, 2023	referred to disabilities

Votes

- May 15, 2023 - Disabilities Committee Vote
  S4959
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Disabilities Committee Vote: May 15, 2023
      
      aye (7)
      
      Ashby
      
      Felder
      
      Gonzalez
      
      Mannion
      
      Persaud
      
      Scarcella-Spanton
      
      Weber

co-Sponsors

2023-S4959 (ACTIVE) - Details

See Assembly Version of this Bill:: A4337
Current Committee:: Senate Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §13.23, Ment Hyg L; add §6303-b, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6106, A8388
2021-2022: S2620, A5260

2023-S4959 (ACTIVE) - Summary

Establishes a direct service professional credit and career ladder tuition assistance grant program to develop training programs and improve existing workforce development programs for the purpose of training direct support professionals and establishing a career ladder for individuals working with individuals with developmental disabilities.

2023-S4959 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4959

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the mental hygiene law and the education law, in
relation to establishing a direct service professional credit and career
ladder tuition assistance grant program

 
PURPOSE:

This legislation would help to address the continuing difficulty the
state and providers of supports and services for people with develop-
mental disabilities have had recruiting and retaining direct support
professionals and creating a career ladder for these employees. This
difficulty is particularly true for young people who are hard pressed to
pursue their careers and their education while employed in these crit-
ically important services.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 13.23 of the Mental Hygiene Law in order to

authorize the Office for People With Developmental Disabilities
("OPWDD") commissioner to establish a Direct Service Professional Credit
and Career Ladder tuition assistance grant program.

Section 2 adds a new Section 6303-B to the Education Law, to allow the
state university and the city university boards of trustees to permit
community colleges to create a Direct Service Professional Credit
Program and a Career Ladder program and to establish a local tuition
grants program for DSPs and DSP supervisors seeking a career ladder at
these institutions. The grant can be for up to fifty percent of tuition
required at the community colleges and is paid by OPWDD. This legis-
lation also provides that the OPWDD provider who employs the individual
enrolled in either the Direct Service Professional Credit Program or the
Career Ladder Program would reimburse the community college remainder of
the actual tuition grant after offsetting the OPWDD grant for each
eligible employee.

Section 3 establishes the effective date.

 
JUSTIFICATION:

During the last several years it has become increasingly difficult for
OPWDD and local not for profit providers who contract with OPWDD to
recruit and retain new DSPs and related middle management personnel.
The demands on people to meet various responsibilities in their family
and personal lives continue to grow. Family life, career development,
and other demands limit people's ability to take these demanding jobs.
This is particularly true for DSPs, who need special training in light
of the life-threatening situations they are exposed to and confronted
with at any given time. This legislation attempts to provide some direct
help by focusing on education. This should help OPWDD and OPWDD provid-
ers to recruit people who want to attend college but are unable to while
working low paying DSP jobs.  It will also permit the development of
career ladders as they expand their education and skill set.

 
LEGISLATIVE HISTORY:

2021-2022: S.2620 - Passed the Senate/A.5260 - Referred to Higher Educa-
tion

2019-2020: S.6106 - Reported and Committed to Finance/A.8388 - Referred
to Higher Education

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to academic
semesters, quarters and classroom hours beginning on or after January 1,
2025.

2023-S4959 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4959
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced  by Sens. JACKSON, MANNION -- read twice and ordered printed,
   and when printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the  mental  hygiene  law  and  the  education  law,  in
   relation  to  establishing  a  direct  service professional credit and
   career ladder tuition assistance grant program

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  13.23  of  the  mental hygiene law is amended by
 adding a new subdivision (d) to read as follows:
   (D) THE COMMISSIONER SHALL WORK COOPERATIVELY WITH THE STATE UNIVERSI-
 TY BOARDS OF TRUSTEES AND THE CITY  UNIVERSITY  BOARDS  OF  TRUSTEES  TO
 ESTABLISH  A  GRANT  PROGRAM  PURSUANT  TO  SECTION  SIXTY-THREE HUNDRED
 THREE-B OF THE EDUCATION LAW IN ORDER TO DEVELOP TRAINING  PROGRAMS  AND
 IMPROVE  EXISTING  WORKFORCE  DEVELOPMENT  PROGRAMS  FOR  THE PURPOSE OF
 TRAINING DIRECT SUPPORT PROFESSIONALS AND ESTABLISHING A  CAREER  LADDER
 FOR  INDIVIDUALS  WORKING  WITH INDIVIDUALS WITH DEVELOPMENTAL DISABILI-
 TIES. WITHIN FUNDS APPROPRIATED FOR SUCH PURPOSE, THE  COMMISSIONER  MAY
 ESTABLISH A DIRECT SERVICE PROFESSIONAL CREDIT AND CAREER LADDER TUITION
 ASSISTANCE GRANT PROGRAM.
   §  2.  The  education law is amended by adding a new section 6303-b to
 read as follows:
   § 6303-B. DIRECT SERVICE PROFESSIONAL CREDIT AND CAREER LADDER TUITION
 ASSISTANCE GRANT PROGRAM. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DIRECT SERVICE PROFESSIONAL CREDIT PROGRAM" SHALL MEAN THE COMMU-
 NITY COLLEGE PROGRAMS ESTABLISHED PURSUANT TO  A  MEMORANDUM  OF  UNDER-
 STANDING BETWEEN THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL  DISABILITIES  AND  THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY
 AND THE CITY UNIVERSITY TO  DEVELOP  TRAINING  PROGRAMS  AND  A  COLLEGE
 CERTIFICATE  PROGRAM  THAT LINKS THEORY WITH PRACTICE FOR THE PURPOSE OF
 TRAINING DIRECT SUPPORT PROFESSIONALS EMPLOYED BY AGENCIES WHO ARE FUND-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07355-01-3

 S. 4959                             2
 
 ED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AND  PROVID-
 ING  SUPPORTS  AND  SERVICES TO INDIVIDUALS WITH DEVELOPMENTAL DISABILI-
 TIES.
   (B)  "CAREER LADDER PROGRAM" SHALL MEAN THE COMMUNITY COLLEGE PROGRAMS
 ESTABLISHED PURSUANT  TO  A  MEMORANDUM  OF  UNDERSTANDING  BETWEEN  THE
 COMMISSIONER  OF  THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 AND THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY AND THE CITY UNIVERSI-
 TY TO DEVELOP A CAREER LADDER SUPERVISOR/MANAGER PROGRAM LEADING  TO  AN
 ASSOCIATE'S DEGREE IN HEALTH/HUMAN SERVICES OR A RELATED MAJOR AND ASSO-
 CIATED   CREDIT-BEARING  CERTIFICATE  PROGRAMS  IN  COMMUNITY  RESIDENCE
 MANAGEMENT OR DEVELOPMENTAL DISABILITIES FOR  PARTICIPANTS  WHO  DO  NOT
 ELECT TO OBTAIN AN ASSOCIATE'S DEGREE.
   (C)  "AT  LEAST  A PART-TIME BASIS" SHALL MEAN ENROLLMENT FOR AT LEAST
 SIX HOURS PER SEMESTER OR FOUR HOURS PER QUARTER.
   (D) "TUITION" SHALL MEAN THE TOTAL SEMESTER, QUARTER OR CLASSROOM HOUR
 COST OF INSTRUCTION AT A  STATE-OPERATED  COMMUNITY  COLLEGE,  EXCLUDING
 MANDATORY FEES, BOOK CHARGES AND ROOM AND BOARD.
   (E) "GRANT PROGRAMS" SHALL MEAN THE DIRECT SERVICE PROFESSIONAL CREDIT
 PROGRAM AND THE CAREER LADDER PROGRAM.
   2.  THE  STATE  UNIVERSITY  BOARDS OF TRUSTEES AND THE CITY UNIVERSITY
 BOARD OF TRUSTEES MAY ESTABLISH GRANT PROGRAMS FOR COMMUNITY COLLEGES TO
 DEVELOP TRAINING PROGRAMS AND  IMPROVE  EXISTING  WORKFORCE  DEVELOPMENT
 PROGRAMS  FOR  THE  PURPOSE OF TRAINING DIRECT SUPPORT PROFESSIONALS AND
 ESTABLISHING A CAREER LADDER FOR INDIVIDUALS  WORKING  WITH  INDIVIDUALS
 WITH  DEVELOPMENTAL DISABILITIES PURSUANT TO A MEMORANDUM OF UNDERSTAND-
 ING WITH THE COMMISSIONER OF THE OFFICE FOR  PEOPLE  WITH  DEVELOPMENTAL
 DISABILITIES.
   3.  PURSUANT  TO  A  MEMORANDUM  OF  UNDERSTANDING  WITH THE COMMUNITY
 COLLEGE AND THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES AND WITHIN FUNDS APPROPRIATED FOR SUCH PURPOSE, THE  OFFICE
 FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES SHALL ESTABLISH A TUITION
 ASSISTANCE GRANT PROGRAM TO PROVIDE TUITION ASSISTANCE TO DIRECT SUPPORT
 PROFESSIONALS EMPLOYED BY AGENCIES WHO ARE FUNDED  BY  SUCH  OFFICE  AND
 PROVIDING  SUPPORTS AND SERVICES TO INDIVIDUALS WITH DEVELOPMENTAL DISA-
 BILITIES OR FOR INDIVIDUALS WORKING WITH INDIVIDUALS WITH  DEVELOPMENTAL
 DISABILITIES  ENROLLED  ON  AT  LEAST  A  PART-TIME BASIS AT A COMMUNITY
 COLLEGE AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS CHAPTER.
   ANY PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL PROVIDE TUITION
 ASSISTANCE GRANTS TO SUCH DIRECT SUPPORT PROFESSIONALS EMPLOYED BY AGEN-
 CIES WHO ARE FUNDED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABIL-
 ITIES AND PROVIDING SUPPORTS AND SERVICES TO INDIVIDUALS  WITH  DEVELOP-
 MENTAL  DISABILITIES  OR  FOR  INDIVIDUALS WORKING WITH INDIVIDUALS WITH
 DEVELOPMENTAL DISABILITIES IN AN AMOUNT  UP  TO  FIFTY  PERCENT  OF  THE
 TUITION  REQUIRED TO BE PAID TO SUCH STATE-OPERATED COMMUNITY COLLEGE BY
 SUCH DIRECT SUPPORT PROFESSIONALS EMPLOYED BY AGENCIES WHO ARE FUNDED BY
 SUCH OFFICE AND PROVIDING SUPPORTS  AND  SERVICES  TO  INDIVIDUALS  WITH
 DEVELOPMENTAL  DISABILITIES  OR FOR INDIVIDUALS WORKING WITH INDIVIDUALS
 WITH DEVELOPMENTAL DISABILITIES.
   4. UPON SUCCESSFUL COMPLETION OF EITHER  THE  DIRECT  SERVICE  PROFES-
 SIONAL CREDIT PROGRAM OR THE CAREER LADDER PROGRAM THE OFFICE FOR PEOPLE
 WITH  DEVELOPMENTAL DISABILITIES CERTIFIED PROVIDER EMPLOYING THE DIRECT
 SUPPORT PROFESSIONAL OR INDIVIDUALS WORKING WITH INDIVIDUALS WITH DEVEL-
 OPMENTAL DISABILITIES SHALL REIMBURSE THE COMMUNITY COLLEGE FOR ONE-HALF
 OF THE COST OF SUCH EMPLOYEE TRAINING OR TUITION.
 S. 4959                             3
 
   § 3. This act shall take effect immediately and shall apply to academ-
 ic semesters, quarters and classroom hours beginning on or after January
 1, 2025.

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Senate Bill S4959

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Sponsored By

Robert Jackson