S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3417--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2025
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the education law, in relation to including  underrepre-
   sented  ethnic  groups  in  the admission criteria for the science and
   technology entry program and collegiate science and  technology  entry
   program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings.   Science,  Technology,  Engineering,
 and  Mathematics  (STEM)  professions  play  a  crucial role in New York
 state's economy, workforce development, and innovation. STEM fields  are
 a  cornerstone  of  economic  growth and workforce expansion in New York
 state.
   STEM and allied health professions are essential to New York's econom-
 ic growth, technological  advancement,  and  healthcare  infrastructure.
 While  STEM  fields  drive  innovation  and economic development, allied
 health professionals play a crucial  role  in  ensuring  accessible  and
 high-quality  healthcare  services.  Continued  investment in education,
 workforce development, and industry partnerships  will  be  critical  to
 sustaining both fields. Moving forward, access to STEM and allied health
 training  programs  will  be  essential in meeting workforce demands and
 supporting the well-being of all New Yorkers.
   The Science and Technology Entry Program (STEP) and Collegiate Science
 and Technology Entry Program (CSTEP) are important tools to ensure  that
 these  programs  are  available  to all aspiring members of the STEM and
 licensed professional workforces. These programs will continue to  build
 on  their  legacy  of  ensuring representation in the fields they serve,
 which will strengthen our state's workforce and economy.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07779-02-5
 S. 3417--A                          2
              

 
   Representation in the workforce is critical, especially in New  York's
 healthcare  workforce.  A 2017 study published in the Journal of General
 Internal Medicine found that Black and Hispanic patients were more like-
 ly to report feeling comfortable  discussing  sensitive  topics  with  a
 provider  of  the  same race or ethnicity. A 2019 study published in the
 Journal of Health Care Administration found  that  culturally  competent
 care  was  associated  with  improved patient satisfaction, adherence to
 treatment, and health outcomes. Further a 2020 report  by  the  National
 Academies  of  Sciences,  Engineering, and Medicine found that a diverse
 healthcare workforce can improve access to care  for  underserved  popu-
 lations.  These  benefits  are  not  limited to healthcare. A 2017 study
 published in Nature and a 2019 study  in  the  Harvard  Business  Review
 found that diverse teams outperform homogenous teams in terms of creati-
 vity and problem-solving. This means that the health and economic future
 of our state is dependent on the diversity of our workforce.
   STEP  and CSTEP have a successful history of bringing underrepresented
 students into STEM licensed professions and health  professions  fields.
 These programs create academic opportunities for students who have faced
 disadvantages  and  discrimination.  To  ensure  that these programs can
 continue to fulfill their mission of delivering opportunity  and  equity
 to  students, the programs' admissions criteria must be updated to be in
 line with recent legal findings.
   The STEP and CSTEP admissions criteria must allow for admission of any
 student from any group underrepresented in a STEM,  licensed  profession
 field  or  health  profession field. This will require that the New York
 State Board of Regents identify underrepresentation in  eligible  career
 fields prior to the periodic release of RFPs for STEP and CSTEP.  Under-
 representation  shall be determined using available workforce statistics
 and defined in rules. This determination will provide "focused and meas-
 urable objectives" (as required by the U.S. Supreme  Court)  while  also
 having  a definable endpoint: the correction of underrepresentation in a
 specific professional field reviewed on a regular basis (the contractual
 period defined by an individual RFP).
   Every ethnic or racial group is underrepresented in various  workforce
 fields  in  New  York.  STEP  and CSTEP will help rectify that issue and
 ultimately root out the  pernicious  impact  of  underrepresentation  in
 various professions.
   §  2.  Subdivisions  1  and 5 of section 6454 of the education law, as
 added by chapter 31 of the laws of 1985, subparagraph 4 of  paragraph  a
 of  subdivision  5  as  amended  by chapter 439 of the laws of 1988, are
 amended and a new subdivision 9 is added to read as follows:
   1. As used in this section:
   a. ["Council" means the council  on  professional  career  opportunity
 created pursuant to article forty-four of the executive law;
   b.]  "Eligible  students"  shall mean secondary school students INTER-
 ESTED IN PURSING A CAREER IN AN ELIGIBLE PROFESSION AS DEFINED IN  PARA-
 GRAPH  C  OF THIS SUBDIVISION, who are either economically disadvantaged
 or [minorities historically] A MEMBER OF AN ETHNIC GROUP THAT IS  under-
 represented  in  the  [scientific, technical, health, and health-related
 professions as defined by the regents after consultation with the  coun-
 cil; and]  ELIGIBLE PROFESSION THEY ARE INTERESTED IN PURSUING.
   [c.]  B.  "Eligible applicant" shall mean an institution of postsecon-
 dary education or a consortia of such institutions.
    C. "ELIGIBLE PROFESSION" SHALL MEAN A SCIENTIFIC, TECHNICAL,  HEALTH,
 HEALTH-RELATED  PROFESSION  OR ANY PROFESSION LICENSED PURSUANT TO TITLE
 EIGHT OF THIS CHAPTER.
 S. 3417--A                          3

   5. a. Grants shall be awarded to eligible applicants based upon crite-
 ria established by the commissioner after consultation with the council,
 including, but not limited to, the following:
   (1) an established record of conducting effective collaborative educa-
 tional programs with neighboring secondary schools;
   (2)  the ability and willingness to cooperate with other postsecondary
 institutions in operating a program funded pursuant to this section; AND
   (3) the capacity to secure or provide additional  support  in  amounts
 equal  to  at  least  twenty-five percent of the grant sought under this
 section through private  and  other  governmental  sources  and  through
 in-kind services[;
   (4)  a  location within a school district with an enrollment comprised
 of at least twenty percent minority group students or  a  location  near
 such a district that is accessible by public transportation].
   b. [The commissioner shall select the grant recipients after consulta-
 tion  with  the  council.] To the fullest extent practicable the commis-
 sioner [and the council] shall ensure that grants are awarded to  eligi-
 ble applicants in a diversity of regions of the state.
   9.  THE  DEPARTMENT SHALL PERIODICALLY REVIEW WORKFORCE DATA TO DETER-
 MINE LEVELS OF ETHNIC REPRESENTATION IN ELIGIBLE PROFESSIONS.
   § 3. Subdivisions 1, 2 and 3 of section 6455 of the education law,  as
 added by chapter 285 of the laws of 1986, paragraph (a) of subdivision 2
 and  paragraph (a) of subdivision 3 as amended by chapter 26 of the laws
 of 2019, and the opening paragraph of subparagraph (ii) of paragraph (a)
 of subdivision 2 and the opening paragraph of subparagraph (ii) of para-
 graph (a) of subdivision 3 as amended by chapter  669  of  the  laws  of
 2022, are amended to read as follows:
   1.  General  requirements.  The  commissioner  shall  award  grants to
 degree-granting institutions in New York or to consortia of such  insti-
 tutions  to  be  used for the purpose of increasing access by [minority]
 UNDERREPRESENTED or disadvantaged students  to  academic  programs  that
 have  been  registered  by  the  commissioner  and that prepare students
 either for licensure in the professions or for employment in  scientific
 and technical fields.
   2. Undergraduate programs.  (a) (i) Undergraduate science and technol-
 ogy  entry program moneys may be used for tutoring, counseling, remedial
 and special summer courses, supplemental financial  assistance,  program
 administration,  and  other  activities  which the commissioner may deem
 appropriate. To be eligible for  undergraduate  collegiate  science  and
 technology  entry  program  support, a student must be a resident of New
 York, or meet the requirements of subparagraph (ii) of  this  paragraph,
 and  must  be  either  economically disadvantaged or [from a minority] A
 MEMBER OF AN ETHNIC group [historically under represented in the  scien-
 tific,  technical, health and health-related professions] THAT IS UNDER-
 REPRESENTED IN THE ELIGIBLE PROFESSION OR FIELD THEY  ARE  PURSUING,  AS
 DEFINED BY THE REGENTS PRIOR TO THE RELEASE OF PERIODIC APPLICATIONS FOR
 FUNDING,  and must demonstrate interest in and a potential for a profes-
 sional career if provided special services. Eligible students must be in
 good academic standing, enrolled full time in an approved, undergraduate
 level program of study, as defined by the regents.
   (ii) An applicant who is not a legal resident of New York  state,  but
 who is a United States citizen, a permanent lawful resident, an individ-
 ual  who  is granted U or T non-immigrant status pursuant to the Victims
 of Trafficking and Violence Protection Act of  2000,  a  person  granted
 temporary  protected  status  pursuant to the Federal Immigration Act of
 1990, an individual of a class  of  refugees  paroled  by  the  attorney
 S. 3417--A                          4
 
 general  of the United States under [his or her] SUCH ATTORNEY GENERAL'S
 parole authority pertaining to  the  admission  of  noncitizens  to  the
 United  States, or an applicant without lawful immigration status, shall
 be  eligible  for  an award at the undergraduate level of study provided
 that the student:
   (1) attended a registered New York state high school for two  or  more
 years,  graduated  from  a  registered  New  York  state high school and
 applied for attendance at the institution of higher  education  for  the
 undergraduate  study  for  which an award is sought within five years of
 receiving a New York state high school diploma; or
   (2) attended an approved New York  state  program  for  a  state  high
 school  equivalency  diploma,  received  a state high school equivalency
 diploma and applied for attendance at the institution of  higher  educa-
 tion  for  the  undergraduate  study for which an award is sought within
 five years of receiving a state high school equivalency diploma; or
   (3) is otherwise eligible for the payment of tuition  and  fees  at  a
 rate  no  greater  than  that imposed for resident students of the state
 university of New York, the city university of  New  York  or  community
 colleges  as prescribed in subparagraph eight of paragraph h of subdivi-
 sion two of section three hundred fifty-five or paragraph (a) of  subdi-
 vision seven of section sixty-two hundred six of this chapter.
   Provided,  further,  that  a student without lawful immigration status
 shall also be required to file an affidavit  with  such  institution  of
 higher  education  stating  that the student has filed an application to
 legalize [his or her] SUCH STUDENT'S immigration status,  or  will  file
 such  an  application as soon as [he or she] SUCH STUDENT is eligible to
 do so.
   (b) Applications for funding shall be  submitted  by  eligible  insti-
 tutions to the department in accordance with requirements established by
 the  commissioner. Priority consideration shall be given to institutions
 which coordinate their efforts to increase [minority  access]  REPRESEN-
 TATION  OF  UNDERREPRESENTED  ETHNIC  GROUPS with similar activities for
 programs at the secondary level in accordance with this section.  Grants
 shall be awarded based on criteria established by the commissioner.
   3.  Graduate programs.   (a) (i) Graduate science and technology entry
 program moneys may be used for recruitment, academic enrichment,  career
 planning,  supplemental financial assistance, review for licensing exam-
 inations, program administration, and other activities which the commis-
 sioner may deem appropriate. To  be  eligible  for  graduate  collegiate
 science  and technology entry program support, a student must be a resi-
 dent of New York, or meet the requirements of subparagraph (ii) of  this
 paragraph,  and  must  be  either economically disadvantaged or [from] a
 [minority] MEMBER OF AN ETHNIC group [historically] THAT IS  underrepre-
 sented  in  the  [scientific,  technical and health-related professions]
 ELIGIBLE PROFESSION OR FIELD THEY ARE PURSUING AS DEFINED BY THE REGENTS
 PRIOR TO THE RELEASE OF PERIODIC APPLICATIONS  FOR  FUNDING.    Eligible
 students  must  be  in  good academic standing, enrolled full time in an
 approved graduate level program, as defined by the regents.
   (ii) An applicant who is not a legal resident of New York  state,  but
 either is a United States citizen, a permanent lawful resident, an indi-
 vidual  who  is  granted  U  or  T  non-immigrant status pursuant to the
 Victims of Trafficking and Violence Protection Act  of  2000,  a  person
 granted  temporary  protected status pursuant to the Federal Immigration
 Act of 1990, an individual of a class of refugees paroled by the  attor-
 ney general of the United States under [his or her] SUCH ATTORNEY GENER-
 AL'S  parole authority pertaining to the admission of noncitizens to the
 S. 3417--A                          5
 
 United States, or an applicant without lawful immigration  status  shall
 be  eligible  for  an award at the graduate level of study provided that
 the student:
   (1)  attended a registered approved New York state high school for two
 or more years, graduated from a registered New York  state  high  school
 and  applied  for  attendance at the institution of higher education for
 the graduate study for which an award is  sought  within  ten  years  of
 receiving a New York state high school diploma; or
   (2)  attended  an  approved  New  York  state program for a state high
 school equivalency diploma, received a  state  high  school  equivalency
 diploma  and  applied for attendance at the institution of higher educa-
 tion for the graduate study for which an  award  is  sought  within  ten
 years of receiving a state high school equivalency diploma; or
   (3)  is  otherwise  eligible  for the payment of tuition and fees at a
 rate no greater than that imposed for resident  students  of  the  state
 university  of  New  York,  the city university of New York or community
 colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
 sion  two of section three hundred fifty-five or paragraph (a) of subdi-
 vision seven of section sixty-two hundred six of this chapter.
   Provided, further, that a student without  lawful  immigration  status
 shall  also  be  required  to file an affidavit with such institution of
 higher education stating that the student has filed  an  application  to
 legalize  [his  or  her] SUCH STUDENT'S immigration status, or will file
 such an application as soon as [he or she] SUCH STUDENT is  eligible  to
 do so.
   (b) Applications for funding shall be made by eligible institutions in
 accordance  with  requirements  established  by the commissioner. Grants
 shall be awarded based on  criteria  established  by  the  commissioner.
 Priority  consideration  shall be given to institutions which coordinate
 their efforts to increase [minority access] REPRESENTATION OF  UNDERREP-
 RESENTED  ETHNIC  GROUPS  with  similar  activities at the undergraduate
 level.
   § 4. 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  and  completed
 on or before such effective date.