S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7464
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 30, 2023
                                ___________
 
 Introduced  by  Sen. MAYER -- (at request of the State Education Depart-
   ment) -- read twice and  ordered  printed,  and  when  printed  to  be
   committed to the Committee on Education
 
 AN  ACT  to  amend  the education law, in relation to continuing the New
   York State Smart Scholars Early College High School  Program  and  the
   New  York  State  Pathways  in  Technology  Early  College High School
   Program in this state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The  legislature  hereby  finds and
 declares it necessary to preserve and continue the New York State  Smart
 Scholars  early college high school program and the New York state path-
 ways in technology early college high school  program  (P-TECH  program)
 which  provide various students, including those traditionally underrep-
 resented in post-secondary education, with  the  opportunity  to  access
 college-level   courses   and   college   degree   credits   and  career
 preparation/readiness opportunities at the high school  level  with  the
 combined support of high school and college staff and resources, and for
 P-TECH  programs, career training and employment in a highly skilled job
 upon completion of the program. The New York State Smart Scholars  early
 college high school program not only increases students' access to high-
 er  education, but also reduces potential costs for students in complet-
 ing college degrees by allowing them to either complete  a  degree  upon
 graduation  from  high  school  or to apply their earned college credits
 towards  an  associate's  or  baccalaureate's  degree.  This  innovative
 program  provides  incentives  to  high  school  students  to proceed to
 college and to earn a  college  degree  by  accelerating  their  overall
 completion  of  a degree. It also better prepares them for college-level
 coursework, which, will in turn, increase  their  academic  performance.
 Ultimately,  this  program  increases  graduation rates both at the high
 school and college levels, especially for academically at-risk students.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09043-01-3
              

 S. 7464                             2
 
   The New York State P-TECH program, through a  public-private  partner-
 ship, prepares thousands of New York students for high-skill jobs of the
 future  in  fields  including,  but not limited to, science, technology,
 engineering,  manufacturing,  healthcare,  except   for   the   licensed
 professions  under  Title  VIII  of  the  education law unless otherwise
 determined by the commissioner of education,  finance  and  math-related
 career areas. The New York State P-TECH program provides students with a
 rigorous, relevant and cost-free high school and college education and a
 workplace  learning  environment with ongoing mentoring by professionals
 in the chosen  career  sector  to  better  prepare  these  students  for
 successful  careers. Students also receive a commitment from the partic-
 ipating employer to be first in  line  for  an  opportunity  for  a  job
 following completion of the program.  Ultimately, this program increases
 graduation rates both at the high school and college levels and provides
 essential   career  training  for  academically  at-risk,  disadvantaged
 students, which at the completion  of  the  program  improves  students'
 readiness for employment in a 21st century workplace.
   The  legislature  hereby  finds  and  declares it necessary to provide
 funding for these programs to ensure that they continue in operation and
 continue to provide students with these valuable services. The  legisla-
 ture  also finds and declares it necessary to provide additional funding
 for the state education department  to  administer  and  evaluate  these
 critical  programs. These funds will support program staff to supplement
 the oversight already being provided to these programs, and  ensure  the
 timely  and  accurate  analysis  of data to further enhance and validate
 these programs.
   § 2. Title 7 of the education law is amended by adding a  new  article
 130-A to read as follows:
                               ARTICLE 130-A
                     COLLEGE CREDIT OPPORTUNITY PROGRAMS
 SECTION 6457. GRANT  AWARDS  FOR  NEW  YORK  STATE  SMART SCHOLARS EARLY
                 COLLEGE HIGH SCHOOL PROGRAMS.
         6458. GRANT AWARDS FOR NEW YORK  STATE  PATHWAYS  IN  TECHNOLOGY
                 EARLY COLLEGE HIGH SCHOOL PROGRAMS.
   §  6457.  GRANT AWARDS FOR NEW YORK STATE SMART SCHOLARS EARLY COLLEGE
 HIGH SCHOOL PROGRAMS. 1. FOR THE PURPOSES OF THIS SECTION:
   A. "NYS SMART SCHOLARS EARLY COLLEGE  HIGH  SCHOOL  PROGRAM"  OR  "NYS
 SMART SCHOLARS ECHS PROGRAM" MEANS A FORMAL PARTNERSHIP BETWEEN A SCHOOL
 DISTRICT OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND AT LEAST ONE
 INSTITUTION  OF  HIGHER  EDUCATION,  WHICH  PROVIDES  ELIGIBLE  STUDENTS
 ENROLLED IN SUCH PROGRAM WITH HIGH SCHOOL COURSES LEADING TO THE  GRANT-
 ING  OF  A HIGH SCHOOL DIPLOMA, AND COLLEGE-LEVEL COURSES LEADING TO THE
 GRANTING OF AT LEAST TWELVE COLLEGE CREDITS AND UP TO  A  POST-SECONDARY
 DEGREE OR DIPLOMA FROM SUCH PARTNER INSTITUTION OR INSTITUTIONS OF HIGH-
 ER EDUCATION AT NO COST TO THE STUDENT OR THE STUDENT'S FAMILY. A FORMAL
 PARTNERSHIP  MAY  INCLUDE  A  FOR-PROFIT  DEGREE GRANTING INSTITUTION OF
 HIGHER EDUCATION REGISTERED WITH THE DEPARTMENT IF SUCH INSTITUTION  WAS
 INCLUDED  IN  A  PARTNERSHIP  OF  A PREVIOUSLY FUNDED NYS SMART SCHOLARS
 EARLY COLLEGE HIGH SCHOOL PROGRAM, AND SUCH PARTNERSHIP WAS APPROVED  BY
 THE  COMMISSIONER  PURSUANT  TO A REQUEST FOR PROPOSALS PROCESS PRIOR TO
 THE EFFECTIVE DATE OF THIS SECTION.
   B. "APPROVED NYS SMART SCHOLARS EARLY  COLLEGE  HIGH  SCHOOL  PROGRAM"
 MEANS  A  NYS SMART SCHOLARS EARLY COLLEGE HIGH SCHOOL PROGRAM, AND SUCH
 PROGRAM WAS APPROVED BY THE COMMISSIONER IN ACCORDANCE  WITH  THE  REGU-
 LATIONS  OF  THE COMMISSIONER AND ANY REQUEST FOR PROPOSALS ISSUED UNDER
 THIS SECTION.
 S. 7464                             3
 
   C. "ELIGIBLE APPLICANT" MEANS A NEW  YORK  STATE  SCHOOL  DISTRICT,  A
 BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  OR INSTITUTION OF HIGHER
 EDUCATION, IN A PARTNERSHIP FOR THE PURPOSE  OF  OFFERING  A  NYS  SMART
 SCHOLARS  EARLY COLLEGE HIGH SCHOOL PROGRAM TO ELIGIBLE STUDENTS, ANY OF
 WHICH  MAY  SERVE AS THE FISCAL AGENT. THE ELIGIBLE APPLICANT'S PARTNER-
 SHIP MAY INCLUDE ONE OR MORE SCHOOL DISTRICTS, A  BOARD  OF  COOPERATIVE
 EDUCATIONAL  SERVICES,  OR  ONE OR MORE INSTITUTIONS OF HIGHER EDUCATION
 BUT ALL PARTNERSHIPS MUST INCLUDE A SCHOOL DISTRICT OR A BOARD OF  COOP-
 ERATIVE EDUCATIONAL SERVICES, AND AN INSTITUTION OF HIGHER EDUCATION.
   D.  "ELIGIBLE STUDENT" MEANS A STUDENT WHO IS A RESIDENT OF A PARTNER-
 ING SCHOOL DISTRICT, OR A RESIDENT OF A COMPONENT DISTRICT OF A PARTNER-
 ING BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES,  AND  IS  ENROLLED,  AS
 DEFINED IN REGULATIONS OF THE COMMISSIONER, IN SUCH DISTRICT.
   E.  "PREVIOUSLY  FUNDED  NYS  SMART SCHOLARS EARLY COLLEGE HIGH SCHOOL
 PROGRAM" MEANS A NYS SMART SCHOLARS EARLY COLLEGE  HIGH  SCHOOL  PROGRAM
 THAT WAS APPROVED BY THE COMMISSIONER IN ANY REQUEST FOR PROPOSALS PROC-
 ESS BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   F.  "INSTITUTION OF HIGHER EDUCATION" MEANS A NEW YORK STATE PUBLIC OR
 NOT-FOR-PROFIT INSTITUTION OF HIGHER EDUCATION THAT HAS BEEN  AUTHORIZED
 BY THE NEW YORK STATE BOARD OF REGENTS TO AWARD POST-SECONDARY DEGREES.
   2.  A. FOR THE PURPOSES OF INCREASING HIGH SCHOOL GRADUATION RATES FOR
 ACADEMICALLY AT-RISK AND/OR  ECONOMICALLY  DISADVANTAGED  STUDENTS,  AND
 INCREASING  THEIR  PARTICIPATION  IN  POST-SECONDARY EDUCATION THROUGH A
 NETWORK OF EARLY COLLEGE HIGH SCHOOL  PARTNERSHIPS  IN  THE  STATE,  THE
 COMMISSIONER  SHALL,  SUBJECT  TO  AN  APPROPRIATION  AND THE PROCEDURES
 ESTABLISHED IN THIS SECTION, ALLOCATE  FUNDS  AVAILABLE  FOR  NYS  SMART
 SCHOLARS  ECHS  PROGRAMS. FUNDING SHALL FIRST BE AVAILABLE TO PREVIOUSLY
 FUNDED OR APPROVED NYS  SMART  SCHOLARS  ECHS  PROGRAMS  THAT  MEET  THE
 REQUIREMENTS  UNDER PARAGRAPH B OF THIS SUBDIVISION, AND REMAINING FUNDS
 SHALL BE AVAILABLE FOR NEW NYS SMART SCHOLARS ECHS PROGRAMS.
   B. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,  A
 PREVIOUSLY  FUNDED  NYS  SMART  SCHOLARS ECHS PROGRAM OR AN APPROVED NYS
 SMART SCHOLARS ECHS PROGRAM SHALL CONTINUE TO BE  ELIGIBLE  FOR  FUNDING
 UNDER  THIS SECTION AND SHALL NOT HAVE TO COMPETE FOR FUNDING UNDER THIS
 SECTION PROVIDED THAT:
   (I) THE PROGRAM HAS BEEN CONTINUOUSLY AWARDED FUNDING BY  THE  DEPART-
 MENT IN ACCORDANCE WITH ALL APPLICABLE LAWS; AND
   (II)  SUCH  PROGRAM  DEMONSTRATES THAT IT CONTINUES TO BE A SUCCESSFUL
 NYS SMART SCHOLARS EARLY COLLEGE HIGH SCHOOL PROGRAM BY MEETING  CERTAIN
 BENCHMARKS  AND  PROGRAM  REQUIREMENTS  AS  PRESCRIBED BY THE DEPARTMENT
 CONSISTENT WITH THE INTENT AND PURPOSE  OF  THE  REQUEST  FOR  PROPOSALS
 PROCESS  AND THE TERMS OF ANY PROGRAM AGREEMENT UNDER WHICH SUCH PROGRAM
 IS FUNDED. IF THE PROGRAM FAILS TO  MEET  SUCH  BENCHMARKS  AND  PROGRAM
 REQUIREMENTS,  IT  MAY  BE  SUBJECT  TO  CERTAIN  CORRECTIVE  ACTION  AS
 DESCRIBED IN REGULATIONS OF THE COMMISSIONER, WHICH MAY INCLUDE BUT  NOT
 BE  LIMITED  TO  ESTABLISHMENT OF TIMELINES TO MEET PROGRAM STANDARDS, A
 LIMITATION OF ENROLLMENT, TERMINATION  OF  THE  CONTRACT  AND/OR  GRANT,
 CLOSURE  OF  THE PROGRAM, AND/OR REQUIRING A TEACH-OUT AGREEMENT WITH AN
 APPROVED NYS  SMART  SCHOLARS  EARLY  COLLEGE  HIGH  SCHOOL  PROGRAM  TO
 DESCRIBE  HOW STUDENTS WILL BE TRANSFERRED TO SUCH PROGRAM UPON CLOSURE.
 MONIES MADE AVAILABLE UNDER THIS SECTION MAY BE  SPENT  TO  IMPLEMENT  A
 CORRECTIVE  ACTION  PLAN  ISSUED  UNDER THIS SECTION AND/OR FOR TUITION,
 BOOKS AND FEES FOR NON-REMEDIAL, CREDIT-BEARING COLLEGE  COURSES  AT  AN
 INSTITUTION  OF HIGHER EDUCATION FOR STUDENTS WHO WERE ENROLLED IN A NYS
 SMART SCHOLARS EARLY COLLEGE HIGH SCHOOL PROGRAM THAT SUBSEQUENTLY CLOS-
 ES BEFORE THE STUDENT COMPLETES THE PROGRAM; PROVIDED  SUCH  STUDENT  IS
 S. 7464                             4

 TAKING COMPARABLE COURSES TO WHAT WAS OFFERED IN THE SMART SCHOLARS ECHS
 PROGRAM AS DETERMINED BY THE COMMISSIONER.
   C.  ANY  ELIGIBLE  APPLICANT WHOSE NYS SMART SCHOLARS ECHS PROGRAM WAS
 PREVIOUSLY FUNDED OR APPROVED PURSUANT TO A REQUEST FOR PROPOSALS  PROC-
 ESS  SHALL  BE  REQUIRED TO COMPETE FOR FUNDS UNDER THIS SECTION IF SUCH
 APPLICANT IS PROPOSING TO OFFER A NEW NYS SMART SCHOLARS  ECHS  PROGRAM,
 AS DETERMINED BY THE COMMISSIONER.
   D.  SCHOOL  DISTRICTS SHALL PROVIDE ALL STUDENTS WITH DISABILITIES AND
 ENGLISH LANGUAGE LEARNERS ENROLLED IN A NYS SMART SCHOLARS ECHS  PROGRAM
 WITH  ANY  SUPPORT  SERVICES  AND PROGRAMS REQUIRED UNDER ALL APPLICABLE
 FEDERAL AND STATE LAWS AND REGULATIONS.
   3. A. SUBJECT TO AN APPROPRIATION, THE COMMISSIONER SHALL MAKE  AWARDS
 TO  ELIGIBLE  APPLICANTS FOR THE ESTABLISHMENT OF NEW NYS SMART SCHOLARS
 ECHS PROGRAMS THROUGH A COMPETITIVE REQUEST FOR PROPOSALS PROCESS.
   B. THE COMMISSIONER SHALL PRIORITIZE ELIGIBLE APPLICANTS  THAT  DEMON-
 STRATE  THE  WILLINGNESS  AND  CAPACITY  TO SERVE STUDENTS WHO HAVE BEEN
 IDENTIFIED AS ECONOMICALLY DISADVANTAGED AND/OR ACADEMICALLY AT-RISK FOR
 NOT SUCCESSFULLY COMPLETING HIGH SCHOOL OR NOT ENROLLING IN OR  SUCCEED-
 ING IN COLLEGE.
   C.  ELIGIBLE  APPLICANTS SHALL FILE AN APPLICATION FOR APPROVAL BY THE
 COMMISSIONER IN A TIMEFRAME AND MANNER PRESCRIBED BY  THE  COMMISSIONER,
 DEMONSTRATING  A  NEED FOR SUCH FUNDING, INCLUDING HOW THE FUNDING WOULD
 BE USED AND HOW MANY STUDENTS  WOULD  BE  ASSISTED  WITH  SUCH  FUNDING.
 SUCCESSFUL  APPLICANTS WILL BE FUNDED AS PROVIDED IN ACCORDANCE WITH THE
 REQUEST FOR PROPOSALS PROCESS.
   4. A. MONIES MADE AVAILABLE UNDER THIS SECTION SHALL BE SPENT FOR  THE
 FOLLOWING  PURPOSES  AS  FURTHER PRESCRIBED BY THE COMMISSIONER IN REGU-
 LATION:
   (I) TO PROVIDE ADDITIONAL STAFFING FOR THE  NYS  SMART  SCHOLARS  ECHS
 PROGRAM, INCLUDING A PROGRAM DIRECTOR AND COLLEGE LIAISON;
   (II) FOR STUDENT RECRUITMENT ACTIVITIES;
   (III)  TO  PROVIDE  PROFESSIONAL  DEVELOPMENT TO PROMOTE THE NYS SMART
 SCHOLARS ECHS PROGRAM, INCLUDING  CROSS-CURRICULUM  DEVELOPMENT  BETWEEN
 SECONDARY  AND  POST-SECONDARY  EDUCATION  PARTNERS TO ENSURE CURRICULUM
 ALIGNMENT THAT PREPARES STUDENTS TO  SUCCEED  IN  COLLEGE-LEVEL  COURSES
 WHILE IN HIGH SCHOOL;
   (IV)  FOR  WORKSHOPS AND PLANNING MEETINGS BETWEEN PARTNERS, INCLUDING
 COUNSELORS, PARENTS, AND COLLEGE FACULTY, TO SUPPORT  PROGRAM  SUSTAINA-
 BILITY  AND  BUILD  AWARENESS  IN THE DISTRICT ON THE BENEFITS OF HAVING
 SUCH PROGRAMS;
   (V) FOR ACADEMIC AND SOCIAL SUPPORT SERVICES TO PROMOTE COLLEGE  READ-
 INESS AND A COLLEGE-GOING CULTURE;
   (VI)  FOR  TRANSPORTATION FOR STUDENTS TO TAKE COURSES AND PARTICIPATE
 IN ACTIVITIES AT THE NYS SMART SCHOLARS ECHS SITE  AND  AT  THE  PARTNER
 CAMPUS OF THE HIGHER EDUCATION PARTNERS; AND
   (VII)  FOR  TUITION,  BOOKS  AND  FEES;  PROVIDED HOWEVER THAT TUITION
 REIMBURSEMENT SHALL ONLY BE ALLOWABLE FOR  NON-REMEDIAL,  CREDIT-BEARING
 COLLEGE COURSES.
   B.  NO FUNDS SPENT PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO
 SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY SCHOOL DISTRICT,  BOARD  OF
 COOPERATIVE EDUCATIONAL SERVICES OR INSTITUTION OR INSTITUTIONS OF HIGH-
 ER  EDUCATION PARTICIPATING IN THIS PROGRAM, NOR SHALL FUNDS BE PROVIDED
 FOR PROGRAMS WHICH ARE INCOMPATIBLE WITH THE REGENTS PLAN FOR THE EXPAN-
 SION AND DEVELOPMENT OF HIGHER EDUCATION IN THIS STATE.
   § 6458. GRANT AWARDS FOR NEW YORK STATE PATHWAYS IN  TECHNOLOGY  EARLY
 COLLEGE HIGH SCHOOL PROGRAMS. 1. FOR THE PURPOSES OF THIS SECTION:
 S. 7464                             5

   A.  "NYS  PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH SCHOOL PROGRAM" OR
 "NYS P-TECH PROGRAM" MEANS A PROGRAM WHICH  PROVIDES  ELIGIBLE  STUDENTS
 ENROLLED  IN SUCH PROGRAM WITH HIGH SCHOOL COURSES LEADING TO THE GRANT-
 ING OF A HIGH SCHOOL  DIPLOMA,  COLLEGE-LEVEL  COURSES  LEADING  TO  THE
 GRANTING  OF AN ASSOCIATE DEGREE, OR A RECOGNIZED INDUSTRY CERTIFICATION
 ALIGNED TO CAREER READINESS STANDARDS APPROVED BY THE DEPARTMENT,  AT  A
 PARTNERING  INSTITUTION OF HIGHER EDUCATION, AND CAREER TRAINING WITH AN
 ELIGIBLE PARTNERING EMPLOYER. SUCH PROGRAM IS OPERATED  BY  A  NEW  YORK
 STATE  SCHOOL  DISTRICT  OR  A BOARD OF COOPERATIVE EDUCATIONAL SERVICES
 THAT FORMS A PARTNERSHIP WITH:
   (I) ONE OR MORE  NEW  YORK  STATE  INSTITUTIONS  OF  HIGHER  EDUCATION
 PROVIDED  THAT  AT  LEAST  ONE  INSTITUTION OF HIGHER EDUCATION OFFERS A
 REGISTERED ASSOCIATE LEVEL DEGREE PROGRAM THAT IS THE INDUSTRY  STANDARD
 FOR THE TARGETED JOBS, LINKED TO THE GOALS OF THE NYS P-TECH PROGRAM, OR
 OFFERS  A PROGRAM LEADING TO A RECOGNIZED INDUSTRY CERTIFICATION ALIGNED
 TO CAREER READINESS STANDARDS APPROVED  BY  THE  DEPARTMENT,  AND  WHICH
 AWARDS  THE  DEGREE  OR  CERTIFICATION  AT NO COST TO THE STUDENT OR THE
 STUDENT'S FAMILY; AND
   (II) A REGIONAL NEW YORK STATE EMPLOYER  OR  CONSORTIUM  OF  EMPLOYERS
 FROM  RELATED  SECTORS  AND/OR INDUSTRY/ENTITY/ASSOCIATION THAT REQUIRES
 SKILLED EMPLOYEES WHICH WILL UTILIZE THE KNOWLEDGE AND  SKILLS  OBTAINED
 FROM  THE  SECONDARY  AND  POST-SECONDARY  PROGRAMS, AND AGREES TO GRANT
 STUDENTS WHO SUCCESSFULLY COMPLETE THE PROGRAM WITH THE  OPPORTUNITY  TO
 BE FIRST IN LINE FOR A JOB.
   B.  "APPROVED  NYS P-TECH PROGRAM" MEANS A NYS P-TECH PROGRAM AND SUCH
 PROGRAM WAS APPROVED BY THE COMMISSIONER IN ACCORDANCE  WITH  THE  REGU-
 LATIONS  OF THE COMMISSIONER AND ANY REQUEST FOR PROPOSALS PROCESS UNDER
 THIS SECTION.
   C. "ELIGIBLE APPLICANT"  MEANS  A  NEW  YORK  STATE  SCHOOL  DISTRICT,
 INCLUDING  THOSE  DISTRICTS WITH CAREER AND TECHNICAL HIGH SCHOOLS, OR A
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES, EITHER OF WHICH MAY SERVE  AS
 THE  FISCAL  AGENT.  THE ELIGIBLE APPLICANT MAY WORK IN COOPERATION WITH
 OTHER SCHOOL DISTRICTS, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES,  OR
 ANY COMBINATION OF THESE AS A CONSORTIUM APPLICANT.
   D.  "ELIGIBLE STUDENT" MEANS A STUDENT WHO IS A RESIDENT OF A PARTNER-
 ING DISTRICT, OR A RESIDENT OF A  COMPONENT  DISTRICT  OF  A  PARTNERING
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND IS ENROLLED, AS DEFINED IN
 REGULATIONS OF THE COMMISSIONER, IN SUCH DISTRICT.
   E.  "PREVIOUSLY FUNDED NYS P-TECH PROGRAM" MEANS AN NYS P-TECH PROGRAM
 THAT WAS APPROVED BY THE COMMISSIONER IN ANY PRIOR REQUEST FOR PROPOSALS
 PROCESS BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   F. "INSTITUTION OF HIGHER EDUCATION" MEANS A NEW YORK STATE PUBLIC  OR
 NOT-FOR-PROFIT  INSTITUTION OF HIGHER EDUCATION THAT HAS BEEN AUTHORIZED
 BY THE NEW YORK STATE BOARD OF REGENTS TO AWARD POST-SECONDARY DEGREES.
   2. A. SUBJECT TO AN APPROPRIATION AND THE  PROCEDURES  ESTABLISHED  IN
 THIS  SECTION,  THE  COMMISSIONER SHALL ALLOCATE THE FUNDS AVAILABLE FOR
 NYS P-TECH PROGRAMS FOR THE PURPOSES OF PREPARING ELIGIBLE  ACADEMICALLY
 AT-RISK  AND/OR  ECONOMICALLY DISADVANTAGED STUDENTS FOR HIGH-SKILL JOBS
 INCLUDING, BUT NOT LIMITED TO THOSE IN SCIENCE, TECHNOLOGY, ENGINEERING,
 MANUFACTURING, HEALTHCARE, EXCEPT FOR  THE  LICENSED  PROFESSIONS  UNDER
 TITLE  EIGHT  OF THIS CHAPTER UNLESS OTHERWISE DETERMINED BY THE COMMIS-
 SIONER, FINANCE, TEACHING, THE ARTS, COMPUTER SCIENCE, AND  MATH-RELATED
 CAREERS  THROUGH AN ACADEMIC PROGRAM THAT COMBINES HIGH SCHOOL, COLLEGE,
 AND CAREER TRAINING THAT MAY EXTEND UP TO TWO YEARS BEYOND  A  STUDENT'S
 COMPLETION OF GRADUATION REQUIREMENTS.  FUNDING SHALL FIRST BE AVAILABLE
 TO  PREVIOUSLY  FUNDED  OR  APPROVED  NYS  P-TECH PROGRAMS THAT MEET THE
 S. 7464                             6
 
 REQUIREMENTS UNDER PARAGRAPH B OF THIS SUBDIVISION, AND REMAINING  FUNDS
 SHALL BE AVAILABLE FOR NEW PROGRAMS.
   B.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, A
 PREVIOUSLY FUNDED NYS P-TECH PROGRAM OR AN APPROVED NYS  P-TECH  PROGRAM
 SHALL  CONTINUE  TO BE ELIGIBLE FOR FUNDING UNDER THIS SECTION AND SHALL
 NOT HAVE TO COMPETE FOR FUNDING UNDER THIS SECTION PROVIDED THAT:
   (I) THE PROGRAM HAS BEEN CONTINUOUSLY AWARDED FUNDING BY  THE  DEPART-
 MENT IN ACCORDANCE WITH ALL APPLICABLE LAWS; AND
   (II)  SUCH  PROGRAM  DEMONSTRATES THAT IT CONTINUES TO BE A SUCCESSFUL
 NYS P-TECH PROGRAM BY MEETING CERTAIN BENCHMARKS  AND  PROGRAM  REQUIRE-
 MENTS  AS  PRESCRIBED  BY  THE DEPARTMENT CONSISTENT WITH THE INTENT AND
 PURPOSE OF THE REQUEST FOR  PROPOSALS  PROCESS  AND  THE  TERMS  OF  ANY
 PROGRAM  AGREEMENT  UNDER  WHICH SUCH PROGRAM IS FUNDED.  IF THE PROGRAM
 FAILS TO MEET SUCH  BENCHMARKS  AND  PROGRAM  REQUIREMENTS,  IT  MAY  BE
 SUBJECT  TO CERTAIN CORRECTIVE ACTION AS DESCRIBED IN REGULATIONS OF THE
 COMMISSIONER, WHICH MAY INCLUDE BUT NOT BE LIMITED TO  ESTABLISHMENT  OF
 TIMELINES  TO MEET PROGRAM STANDARDS, A LIMITATION OF ENROLLMENT, TERMI-
 NATION OF THE GRANT, CLOSURE OF THE PROGRAM, AND/OR REQUIRING  A  TEACH-
 OUT  AGREEMENT  WITH  AN  APPROVED  NYS  P-TECH  PROGRAM TO DESCRIBE HOW
 STUDENTS WILL BE TRANSFERRED TO SUCH PROGRAM UPON CLOSURE.  MONIES  MADE
 AVAILABLE UNDER THIS SECTION MAY ALSO BE SPENT TO IMPLEMENT A CORRECTIVE
 ACTION PLAN ISSUED UNDER THIS SECTION AND/OR FOR TUITION, BOOKS AND FEES
 FOR  NON-REMEDIAL  CREDIT-BEARING  COLLEGE  COURSES AT AN INSTITUTION OF
 HIGHER EDUCATION FOR STUDENTS WHO WERE ENROLLED IN  NYS  P-TECH  PROGRAM
 THAT  SUBSEQUENTLY  CLOSES  BEFORE  THE  STUDENT  COMPLETES THE PROGRAM;
 PROVIDED SUCH STUDENT IS TAKING COMPARABLE COURSES TO WHAT  WAS  OFFERED
 IN THE NYS P-TECH PROGRAM AS DETERMINED BY THE COMMISSIONER.
   C.  ANY  ELIGIBLE  APPLICANT  WHOSE  NYS P-TECH PROGRAM WAS PREVIOUSLY
 FUNDED OR APPROVED PURSUANT TO A REQUEST FOR PROPOSALS PROCESS SHALL  BE
 REQUIRED  TO  COMPETE  FOR FUNDS UNDER THIS SECTION IF SUCH APPLICANT IS
 PROPOSING TO OFFER A NEW  NYS  P-TECH  PROGRAM,  AS  DETERMINED  BY  THE
 COMMISSIONER.
   D.  SCHOOL  DISTRICTS SHALL PROVIDE ALL STUDENTS WITH DISABILITIES AND
 ENGLISH LANGUAGE LEARNERS ENROLLED IN A  NYS  P-TECH  PROGRAM  WITH  ANY
 SUPPORT  SERVICES AND PROGRAMS REQUIRED UNDER ALL APPLICABLE FEDERAL AND
 STATE LAWS AND REGULATIONS.
   E. THE HIGHER EDUCATION INSTITUTION SHALL NOT INDEPENDENTLY CHANGE  OR
 ELIMINATE  COURSES  THAT  THE STUDENT NEEDS TO COMPLETE THEIR PROGRAM TO
 RECEIVE AN ASSOCIATE DEGREE IN THE ACADEMIC AREA OR A RECOGNIZED  INDUS-
 TRY  CERTIFICATION  ALIGNED  TO  CAREER  READINESS  STANDARDS  THAT THEY
 ORIGINALLY ENROLLED IN UNLESS OTHERWISE APPROVED BY THE STUDENT AND EACH
 NYS P-TECH PARTNER.
   3. A. SUBJECT TO AN APPROPRIATION THE COMMISSIONER SHALL  MAKE  AWARDS
 TO  ELIGIBLE APPLICANTS FOR THE ESTABLISHMENT OF NEW NYS P-TECH PROGRAMS
 THROUGH A COMPETITIVE REQUEST FOR PROPOSALS PROCESS.
   B. THE COMMISSIONER SHALL PRIORITIZE ELIGIBLE APPLICANTS  THAT  DEMON-
 STRATE  THE  WILLINGNESS  AND  CAPACITY  TO SERVE STUDENTS WHO HAVE BEEN
 IDENTIFIED AS ECONOMICALLY DISADVANTAGED AND/OR ACADEMICALLY AT-RISK FOR
 NOT SUCCESSFULLY COMPLETING HIGH SCHOOL OR NOT ENROLLING IN OR  SUCCEED-
 ING IN COLLEGE.
   C.  ELIGIBLE  APPLICANTS SHALL FILE AN APPLICATION FOR APPROVAL BY THE
 COMMISSIONER IN A TIMEFRAME AND MANNER PRESCRIBED BY  THE  COMMISSIONER,
 DEMONSTRATING  A  NEED FOR SUCH FUNDING, INCLUDING HOW THE FUNDING WOULD
 BE USED AND HOW MANY STUDENTS  WOULD  BE  ASSISTED  WITH  SUCH  FUNDING.
 SUCCESSFUL  APPLICANTS WILL BE FUNDED IN ACCORDANCE WITH THE REGULATIONS
 OF THE COMMISSIONER.
 S. 7464                             7
 
   4. A. MONIES MADE AVAILABLE UNDER THIS SECTION SHALL BE SPENT FOR  THE
 FOLLOWING  PURPOSES,  AS FURTHER PRESCRIBED BY THE COMMISSIONER IN REGU-
 LATIONS OF THE COMMISSIONER:
   (I) TO PROVIDE ADDITIONAL STAFFING FOR THE NYS P-TECH PROGRAM, INCLUD-
 ING BUT NOT LIMITED TO A PROGRAM DIRECTOR AND COLLEGE LIAISON;
   (II)  FOR AN EXISTING EVIDENCE-BASED AND/OR STANDARDS BASED CURRICULUM
 INCLUDING BUT NOT LIMITED TO A FOCUS ON A CAREER IN SCIENCE, TECHNOLOGY,
 ENGINEERING,  MANUFACTURING,  HEALTHCARE,  EXCEPT   FOR   THE   LICENSED
 PROFESSIONS  UNDER  TITLE  EIGHT OF THIS CHAPTER UNLESS OTHERWISE DETER-
 MINED BY THE COMMISSIONER, FINANCE OR MATH-RELATED CAREER AREA WITHIN  A
 NYS P-TECH PROGRAM;
   (III) FOR RECRUITMENT ACTIVITIES FOR ELIGIBLE STUDENTS;
   (IV)  TO  PROVIDE  PROFESSIONAL  DEVELOPMENT TO PROMOTE THE NYS P-TECH
 PROGRAM, INCLUDING CROSS-CURRICULUM DEVELOPMENT BETWEEN PARTNERS AND  TO
 ENSURE  CURRICULUM  ALIGNMENT  THAT  PREPARES  STUDENTS  TO  SUCCEED  IN
 COLLEGE-LEVEL COURSES WHILE IN HIGH SCHOOL AND DURING CAREER TRAINING;
   (V) UP TO TEN PERCENT OF FUNDS AWARDED UNDER THIS SECTION MAY BE  USED
 TO  PURCHASE EQUIPMENT NEEDED TO UPGRADE EXISTING PROGRAMS OR NEW EQUIP-
 MENT TO START A PROGRAM; PROVIDED THAT A  PROGRAM  MAY  SEEK  PERMISSION
 FROM  THE  COMMISSIONER  FOR  A  WAIVER OF THE TEN PERCENT CAP, AND SUCH
 REQUEST MUST INCLUDE A JUSTIFICATION FOR WHY EQUIPMENT IN EXCESS OF  THE
 CAP IS NECESSARY TO ACCOMPLISH THE GOALS OF THE NYS P-TECH PROGRAM;
   (VI)  FOR  WORKSHOPS AND PLANNING MEETINGS BETWEEN PARTNERS, INCLUDING
 COUNSELORS, PARENTS,  AND  COLLEGE  FACULTY,  AND  BUSINESS  LEADERS  TO
 SUPPORT  PROGRAM  SUSTAINABILITY  AND BUILD AWARENESS IN THE DISTRICT ON
 THE BENEFITS OF HAVING SUCH PROGRAMS;
   (VII)  FOR  POST-SECONDARY  CURRICULUM  DEVELOPMENT  THAT  FACILITATES
 ALIGNMENT  AND  ARTICULATION  WITH SECONDARY PROGRAMS LEADING TO COLLEGE
 DEGREES AND/OR OTHER INDUSTRY RECOGNIZED CREDENTIALS  OR  CERTIFICATIONS
 THAT MEET THE NEEDS OF EMPLOYERS;
   (VIII) FOR SERVICE CONTRACTS BETWEEN MEMBERS OF THE PARTNERSHIP;
   (IX)  FOR  TRANSPORTATION  FOR  ELIGIBLE  STUDENTS TO TAKE COURSES AND
 PARTICIPATE IN ACTIVITIES AT THE NYS P-TECH SITE, AT PARTNER  EMPLOYERS'
 LOCATIONS,  AND  AT  THE PARTNER CAMPUS OF THE HIGHER EDUCATION PARTNER;
 AND
   (X) FOR TUITION, BOOKS AND FEES; PROVIDED THAT  TUITION  REIMBURSEMENT
 SHALL  ONLY BE ALLOWABLE FOR NON-REMEDIAL, CREDIT-BEARING COLLEGE COURS-
 ES.
   B. NO FUNDS PURSUANT TO  THIS  SECTION  SHALL  BE  MADE  AVAILABLE  TO
 SUPPORT  THE  REGULAR ACADEMIC PROGRAMS OF ANY SCHOOL DISTRICT, BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES OR INSTITUTION OR INSTITUTIONS OF HIGH-
 ER EDUCATION PARTICIPATING IN THIS PROGRAM, NOR SHALL FUNDS BE  PROVIDED
 FOR  PROGRAMS  WHICH  ARE  INCOMPATIBLE  WITH  THE REGENTS PLANS FOR THE
 EXPANSION AND DEVELOPMENT OF HIGHER EDUCATION IN THIS STATE.
   § 3. 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 on or before
 such date.