S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3607
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2025
                                ___________
 
 Introduced  by M. of A. KELLES, SHIMSKY, GONZALEZ-ROJAS, BICHOTTE HERME-
   LYN, EACHUS -- read once and  referred  to  the  Committee  on  Higher
   Education
 
 AN  ACT  to  amend  the  education  law, in relation to establishing the
   mental health educational opportunity program and  the  mental  health
   higher educational opportunity program

   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.  MENTAL  HEALTH  EDUCATIONAL  OPPORTUNITY  PROGRAM AND MENTAL
 HEALTH HIGHER EDUCATIONAL OPPORTUNITY PROGRAM. 1. TO PROVIDE  ADDITIONAL
 EDUCATIONAL  OPPORTUNITIES  FOR  STUDENTS TO ENROLL IN ACADEMIC PROGRAMS
 THAT LEAD TO A DEGREE OR DEGREES REQUIRED FOR LICENSURE IN  ANY  OF  THE
 MENTAL  HEALTH PROFESSIONS PURSUANT TO ARTICLES ONE HUNDRED FIFTY-THREE,
 ONE HUNDRED FIFTY-FOUR AND ONE HUNDRED SIXTY-THREE OF  THIS  CHAPTER,  A
 PARTICIPATING  COLLEGE  OR UNIVERSITY SHALL PROVIDE SPECIAL PROGRAMS FOR
 THE SCREENING, TESTING, COUNSELING AND TUTORING OF, AND  ASSISTANCE  TO,
 RESIDENTS OF THE STATE, (I) WHO ARE GRADUATES OF AN APPROVED HIGH SCHOOL
 OR INDIVIDUALS WHO HAVE ATTAINED A NEW YORK STATE HIGH SCHOOL EQUIVALEN-
 CY  DIPLOMA  OR  ITS EQUIVALENT, AS DETERMINED BY THE COMMISSIONER, (II)
 WHO HAVE POTENTIAL FOR THE SUCCESSFUL  COMPLETION  OF  A  POST-SECONDARY
 PROGRAM  THAT LEADS TO A DEGREE OR DEGREES REQUIRED FOR LICENSURE IN ANY
 MENTAL HEALTH PROFESSION, AND (III)  WHO  ARE  ECONOMICALLY  AND  EDUCA-
 TIONALLY DISADVANTAGED.
   2. FOR THE PURPOSES OF THIS SECTION, FOR THE MENTAL HEALTH EDUCATIONAL
 OPPORTUNITY  PROGRAM,  A  PARTICIPATING  COLLEGE  OR UNIVERSITY SHALL BE
 DEFINED AS ANY COLLEGE OR UNIVERSITY OF THE STATE UNIVERSITY OF NEW YORK
 OR THE CITY UNIVERSITY OF NEW YORK.  FOR THE MENTAL HEALTH HIGHER EDUCA-
 TIONAL OPPORTUNITY PROGRAM, A PARTICIPATING COLLEGE OR UNIVERSITY  SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00070-01-5
 A. 3607                             2
              

 
 BE  DEFINED  AS  A  NON-PUBLIC COLLEGE OR UNIVERSITY INCORPORATED BY THE
 REGENTS.
   3.  A NON-PUBLIC COLLEGE OR UNIVERSITY THAT PARTICIPATES IN THE MENTAL
 HEALTH HIGHER EDUCATIONAL OPPORTUNITY PROGRAM SHALL  CONTRACT  WITH  THE
 COMMISSIONER TO PROVIDE THE SERVICES IN THIS SECTION PURSUANT TO A PROC-
 ESS PROMULGATED BY THE COMMISSIONER FOR SUCH PURPOSE.
   4.  THE COMMISSIONER, IN CONSULTATION WITH THE STATE UNIVERSITY OF NEW
 YORK, THE CITY UNIVERSITY OF  NEW  YORK,  AND  NON-PUBLIC  COLLEGES  AND
 UNIVERSITIES  CHOSEN BY THE COMMISSIONER, SHALL FORMULATE A GENERAL PLAN
 FOR THE ORGANIZATION, DEVELOPMENT, COORDINATION  AND  OPERATION  OF  THE
 MENTAL  HEALTH  EDUCATIONAL  OPPORTUNITY  PROGRAM  AND THE MENTAL HEALTH
 HIGHER EDUCATIONAL OPPORTUNITY PROGRAM WITHIN THE AMOUNTS MADE AVAILABLE
 THEREFOR BY LAW. SUCH A PLAN SHALL INCLUDE:
   A. DEFINITION OF ELIGIBILITY,
   B. PROCEDURES FOR THE SELECTION OF STUDENTS FROM AMONG THE ELIGIBLES,
   C. DESCRIPTION OF THE CONTENTS  OF  SUCH  PROPOSED  PROGRAM  INCLUDING
 COUNSELING, TUTORING AND SKILL DEVELOPMENT,
   D. ESTIMATED COSTS,
   E. OBJECTIVES,
   F.  EXTENT  OF  OTHER FUNDS AND RESOURCES TO BE UTILIZED IN SUPPORT OF
 THE PROGRAM,
   G. PROCEDURES FOR THE EVALUATION OF STUDENT PROGRESS, AND
   H. PERIODIC REPORTS.
   5. THE GENERAL PLAN SHALL BE TRANSMITTED TO THE BOARD  OF  REGENTS  AT
 SUCH  TIME  AS  THE  REGENTS  SHALL  BY RULE REQUIRE. SUCH PLAN SHALL BE
 REVIEWED BY THE REGENTS AND SHALL GUIDE AND DETERMINE THE  OPERATION  OF
 SUCH PROGRAM.
   6.  A.  STATE  APPROPRIATIONS MADE AVAILABLE FOR THIS PROGRAM SHALL BE
 SPENT ONLY FOR THE FOLLOWING PURPOSES:
   (I) SPECIAL TESTING, COUNSELING AND GUIDANCE SERVICES IN THE COURSE OF
 SCREENING POTENTIAL STUDENTS,
   (II) REMEDIAL COURSES,  DEVELOPMENTAL  AND  COMPENSATORY  COURSES  AND
 SUMMER CLASSES FOR SUCH STUDENTS,
   (III)  SPECIAL TUTORING, COUNSELING AND GUIDANCE SERVICES FOR ENROLLED
 STUDENTS,
   (IV) CENTRAL SERVICES INCLUDING EVALUATION AND  ADMINISTRATIVE  COSTS,
 AND
   (V) ANY NECESSARY SUPPLEMENTAL FINANCIAL ASSISTANCE, WHICH MAY INCLUDE
 THE COST OF BOOKS AND NECESSARY MAINTENANCE FOR SUCH STUDENTS, INCLUDING
 STUDENTS  WITHOUT  LAWFUL  IMMIGRATION  STATUS PROVIDED THAT THE STUDENT
 MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR
 SUBPARAGRAPH  (II)  OF  PARAGRAPH  B  OF SUBDIVISION FIVE OF SECTION SIX
 HUNDRED SIXTY-ONE OF THIS CHAPTER,  AS  APPLICABLE;  PROVIDED,  HOWEVER,
 THAT  SUCH SUPPLEMENTAL FINANCIAL ASSISTANCE SHALL BE FURNISHED PURSUANT
 TO CRITERIA PROMULGATED BY THE COMMISSIONER AND APPROVED BY THE  REGENTS
 AND THE DIRECTOR OF THE BUDGET.
   B.  NO  FUNDS  PURSUANT  TO  THIS  SECTION  SHALL BE MADE AVAILABLE TO
 SUPPORT THE REGULAR ACADEMIC  PROGRAMS  OF  ANY  COLLEGE  OR  UNIVERSITY
 PARTICIPATING  IN THIS PROGRAM, NOR SHALL FUNDS BE PROVIDED FOR PROGRAMS
 WHICH ARE INCOMPATIBLE WITH THE  REGENTS  PLAN  FOR  THE  EXPANSION  AND
 DEVELOPMENT OF HIGHER EDUCATION IN THE STATE.
   7.  A PARTICIPATING COLLEGE OR UNIVERSITY SHALL FURNISH TO THE COMMIS-
 SIONER, THE REGENTS, THE DIRECTOR OF THE BUDGET, THE CHAIR OF THE SENATE
 FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND  MEANS  COMMIT-
 TEE, AT LEAST ANNUALLY, A REPORT IN SUCH FORM, AT SUCH TIME AND CONTAIN-
 A. 3607                             3
 
 ING  SUCH  INFORMATION AS THE REGENTS AND THE DIRECTOR OF THE BUDGET MAY
 REQUIRE, OF THE OPERATIONS OF SUCH PROGRAM. THE REPORT SHALL INCLUDE:
   A. A STATEMENT OF THE OBJECTIVES OF THE PROGRAM,
   B. A DESCRIPTION OF THE PROGRAM,
   C.  THE  BUDGETARY  EXPENDITURES  FOR SUCH PROGRAM, SEPARATELY STATING
 ACADEMIC CREDIT INSTRUCTIONAL COSTS, OTHER INSTRUCTIONAL COSTS, TUTORING
 COSTS, REMEDIATION, COUNSELING, SUPPLEMENTAL  FINANCIAL  ASSISTANCE  AND
 CENTRAL SERVICES, INCLUDING EVALUATION AND ADMINISTRATIVE COSTS,
   D.  THE  EXTENT  OF  OTHER FUNDS AND RESOURCES USED IN SUPPORT OF SUCH
 PROGRAM AND THEIR SOURCES,
   E. THE PROGRESS OF STUDENTS, AND
   F. THE EXTENT AND NATURE OF THE  RESPONSIBILITY  EXERCISED  OVER  SUCH
 PROGRAM BY SUCH TRUSTEES.
   8.  CONTRACTS  MADE  PURSUANT  TO THIS SECTION SHALL BE SUBJECT TO THE
 APPROVAL OF THE DIRECTOR OF THE BUDGET.
   § 2. This act shall take effect immediately.