S T A T E O F N E W Y O R K
________________________________________________________________________
6937
2023-2024 Regular Sessions
I N S E N A T E
May 16, 2023
___________
Introduced by Sen. STAVISKY -- (at request of the State Education
Department) -- read twice and ordered printed, and when printed to be
committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to enhancing supports and
services for students with disabilities for postsecondary success
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. ENHANCING SUPPORTS AND SERVICES FOR STUDENTS WITH DISABILITIES
FOR POSTSECONDARY SUCCESS. 1. FOR THE PURPOSES OF THIS SECTION,
"STUDENTS WITH DISABILITIES" SHALL MEAN INDIVIDUALS WITH A DISABILITY
WHO HAVE A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE
OR MORE MAJOR LIFE ACTIVITY OR ACTIVITIES, A RECORD OF SUCH IMPAIRMENT,
OR BEING REGARDED AS HAVING SUCH IMPAIRMENT AND WHO ARE ENROLLED IN A
DEGREE-GRANTING INSTITUTION IN NEW YORK.
2. SUBJECT TO AN APPROPRIATION, THE COMMISSIONER SHALL ALLOCATE FUNDS
AVAILABLE FOR ENHANCING SUPPORTS AND SERVICES FOR STUDENTS WITH DISABIL-
ITIES IN NEW YORK STATE DEGREE GRANTING COLLEGES AND UNIVERSITIES SO
THEY CAN SUCCEED IN THEIR EDUCATION. SUCH FUNDS SHALL BE AWARDED THROUGH
GRANTS TO INSTITUTIONS OF THE STATE UNIVERSITY AND INSTITUTIONS OF THE
CITY UNIVERSITY OF NEW YORK, AND THE COMMISSIONER SHALL ENTER INTO
CONTRACTS WITH DEGREE-GRANTING INSTITUTIONS IN NEW YORK THAT ARE
CURRENTLY FUNDED UNDER THE TUITION ASSISTANCE PROGRAM UNDER ARTICLE
FOURTEEN OF THIS CHAPTER FOR THE PURPOSE OF PROVIDING ADDITIONAL
SERVICES AND SUPPORTS TO EXPAND OPPORTUNITIES FOR STUDENTS WITH DISABIL-
ITIES.
3. (A) FUNDS APPROPRIATED IN THE TWO THOUSAND TWENTY-THREE--TWO THOU-
SAND TWENTY-FOUR ACADEMIC YEAR AND THEREAFTER FOR THE PURPOSE OF THIS
INITIATIVE SHALL BE ALLOCATED PROPORTIONALLY FOR EACH STUDENT WITH A
DISABILITY ENROLLED IN AN INSTITUTION OF HIGHER EDUCATION THAT SUCCESS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03182-01-3
S. 6937 2
FULLY APPLIES FOR FUNDING PURSUANT TO SUBDIVISION SIX OF THIS SECTION
BASED UPON THE TOTAL NUMBER OF STUDENTS WITH DISABILITIES THAT ARE
ENROLLED IN ALL INSTITUTIONS OF HIGHER EDUCATION THAT SUCCESSFULLY APPLY
FOR FUNDING PURSUANT TO SUBDIVISION SIX OF THIS SECTION. THE NUMBER OF
STUDENTS WITH DISABILITIES USED FOR THIS CALCULATION SHALL BE BASED ON
DATA SUBMITTED ANNUALLY BY THE INSTITUTION TO THE COMMISSIONER THROUGH A
PROCESS REQUIRED FOR THIS PURPOSE BY THE COMMISSIONER.
(B) FUNDS SHALL BE AWARDED TO EACH INSTITUTION OF HIGHER EDUCATION
THAT SUCCESSFULLY APPLIES FOR FUNDING PURSUANT TO SUBDIVISION SIX OF
THIS SECTION DIRECTLY AND NOT THROUGH ENTITIES WHO DO NOT DIRECTLY
ENROLL STUDENTS.
4. FUNDS SHALL BE AWARDED THROUGH A FORMULA IN EQUAL AMOUNTS PER IDEN-
TIFIED STUDENT WITH A DISABILITY TO EACH INSTITUTION OF HIGHER EDUCATION
THAT SUCCESSFULLY APPLIES FOR FUNDING PURSUANT TO SUBDIVISION SIX OF
THIS SECTION. THE NUMBER OF STUDENTS WITH DISABILITIES AT EACH INSTITU-
TION SHALL BE DETERMINED BASED UPON THE DATA SUBMITTED ANNUALLY BY THE
INSTITUTION TO THE COMMISSIONER THROUGH A PROCESS REQUIRED FOR THIS
PURPOSE BY THE COMMISSIONER.
5. MONEYS MADE AVAILABLE TO INSTITUTIONS UNDER THIS SECTION SHALL BE
SPENT FOR THE FOLLOWING PURPOSES:
(A) TO SUPPLEMENT FUNDING FOR SUPPORTS AND ACCOMMODATIONS OF STUDENTS
WITH DISABILITIES TO EXPAND SUPPORTS AND SERVICES PROVIDED AT THE STATE
UNIVERSITY, THE CITY UNIVERSITY OF NEW YORK, AND OTHER DEGREE-GRANTING
HIGHER EDUCATION INSTITUTIONS;
(B) TO SUPPORT COLLEGE PREPARATION PROGRAMS TO ASSIST STUDENTS WITH
DISABILITIES IN TRANSITIONING TO COLLEGE, AND PREPARE THEM TO NAVIGATE
CAMPUS FACILITIES AND SYSTEMS;
(C) TO PROVIDE FULL AND PART-TIME FACULTY AND STAFF AT THE STATE
UNIVERSITY, THE CITY UNIVERSITY OF NEW YORK, AND OTHER DEGREE-GRANTING
HIGHER EDUCATION INSTITUTIONS WITH DISABILITY TRAINING; AND
(D) TO IMPROVE THE IDENTIFICATION PROCESS OF STUDENTS WITH DISABILI-
TIES AND ENHANCE DATA COLLECTION CAPABILITIES AT THE STATE UNIVERSITY,
THE CITY UNIVERSITY OF NEW YORK, AND OTHER DEGREE-GRANTING HIGHER EDUCA-
TION INSTITUTIONS.
6. ELIGIBLE INSTITUTIONS SHALL FILE AN APPLICATION FOR APPROVAL BY THE
COMMISSIONER NO LATER THAN THE FIRST OF MAY EACH YEAR DEMONSTRATING A
NEED FOR SUCH FUNDING, INCLUDING HOW THE FUNDING WOULD BE USED AND HOW
MANY STUDENTS WITH DISABILITIES WOULD BE ASSISTED WITH SUCH FUNDING. THE
COMMISSIONER SHALL REVIEW ALL APPLICATIONS FOR COMPLIANCE WITH ALL
ELIGIBILITY CRITERIA AND OTHER REQUIREMENTS SET FORTH IN REGULATIONS OF
THE COMMISSIONER. SUCCESSFUL APPLICANTS WILL BE FUNDED AS PROVIDED IN
SUBDIVISION FOUR OF THIS SECTION.
7. NO FUNDS PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO
SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY INSTITUTION PARTICIPATING
IN THIS PROGRAM.
§ 2. This act shall take effect immediately.