S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5616--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2023
                                ___________
 
 Introduced by Sens. MAYER, ADDABBO, CHU, JACKSON, LIU, MANNION, STAVISKY
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee  on Higher Education -- recommitted to the Committee on
   Higher Education in accordance with Senate Rule 6, sec. 8 --  reported
   favorably  from  said  committee  and  committed  to  the Committee on
   Finance -- committee discharged, bill amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10124-02-4
              

 S. 5616--A                          2
 
 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
 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, AND IN SUCH AMOUNTS AS ARE
 AUTHORIZED TO BE PAID BY SUBDIVISION FIVE OF THIS SECTION.
   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:
 S. 5616--A                          3
 
   §  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
 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.