S T A T E   O F   N E W   Y O R K
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                                  3093

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by M. of A. BENJAMIN, COOK, DelMONTE, CLARK, BRODSKY, ORTIZ,
  GREENE, BOYLAND, ALFANO, ROBINSON, JAFFEE, HEASTIE,  FINCH  --  Multi-
  Sponsored  by -- M. of A.  ABBATE, BACALLES, BARRA, CHRISTENSEN, DIAZ,
  DINOWITZ, ERRIGO, FARRELL,  LAVINE,  MAGEE,  MAISEL,  MILLMAN,  NOLAN,
  PHEFFER, REILLY, J. RIVERA, TOWNSEND, WRIGHT -- read once and referred
  to the Committee on Higher Education

AN  ACT  to amend the education law, in relation to the state university
  of New York educational opportunity centers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of  section  352 of the education law, as
amended by chapter 552 of the laws  of  1985,  is  amended  to  read  as
follows:
  3.  The  state university shall consist of the four university centers
at Albany, Binghamton, Buffalo and Stony Brook, the designated  colleges
of arts and sciences at Brockport, Buffalo, Cortland, Fredonia, Geneseo,
New  Paltz,  Old  Westbury,  Oneonta,  Oswego,  Plattsburgh, Potsdam and
Purchase, empire state college, the agricultural and technical  colleges
at Alfred, Canton, Cobleskill, Delhi, Farmingdale and Morrisville, down-
state  medical center, upstate medical center, the college of optometry,
the college of environmental science and forestry, maritime college, the
college of technology at Utica/Rome, the statutory or contract  colleges
at Cornell university and Alfred university, and such additional univer-
sities, colleges and other institutions, facilities and research centers
as  have  been  or  hereafter  may be acquired, established, operated or
contracted to  be  operated  for  the  state  by  the  state  university
trustees,  INCLUDING, BUT NOT LIMITED TO EDUCATIONAL OPPORTUNITY CENTERS
AS DEFINED IN THIS ARTICLE.
  S 2. The education law is amended by adding a  new  section  355-d  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05621-01-9

              

A. 3093                             2

  S  355-D.  EDUCATIONAL  OPPORTUNITY CENTERS. 1. THERE SHALL BE CREATED
WITHIN THE STATE UNIVERSITY  OF  NEW  YORK  A  COMPREHENSIVE  SYSTEM  OF
TUITION  FREE  HIGHER  EDUCATION  INSTITUTIONS  PROVIDING  PROGRAMS  AND
SERVICES THAT PROMOTE THE GROWTH AND STABILITY  OF  THE  STATE'S  EDUCA-
TIONALLY  AND ECONOMICALLY CHALLENGED COMMUNITIES AS REFERRED TO IN THIS
SECTION AS EDUCATIONAL OPPORTUNITY CENTERS.
  2.  SUCH EDUCATIONAL OPPORTUNITY CENTERS SHALL BE MANAGED  AND  SUPER-
VISED  BY  THE  STATE UNIVERSITY AND SHALL PROVIDE PROGRAMS AND SERVICES
THAT INCLUDE, BUT ARE NOT LIMITED TO:
  (A) ACADEMIC PROGRAMS LEADING TO AND INCREASING PERSISTENCE IN  HIGHER
EDUCATION;
  (B) VOCATIONAL PROGRAMS LEADING TO CAREER PATHWAYS, GAINFUL EMPLOYMENT
AND SELF-SUFFICIENCY;
  (C) COUNSELING AND GUIDANCE SERVICES TO ENHANCE STUDENT RETENTION;
  (D)  TARGETED  SERVICES FOR BUSINESS AND INDUSTRY TO UPGRADE THE SKILL
LEVELS  OF  EMERGING  AND  INCUMBENT  WORKERS  SUCH  THAT  THEY  SUPPORT
INCREASED  PRODUCTIVITY  AND  THE CREATION AND RETENTION OF JOB OPPORTU-
NITIES;
  (E) COLLABORATION WITH SECONDARY SCHOOLS TO  ASSIST  IN  THE  ACADEMIC
PREPARATION OF AT-RISK YOUTH;
  (F)  COLLABORATIVE PROGRAMS WITH COLLEGES AND UNIVERSITIES TO INCREASE
OPPORTUNITIES FOR CENTER GRADUATES FOR ADVANCED PLACEMENT AND RECEIPT OF
ACADEMIC CREDITS FOR ACADEMIC WORK COMPLETED AT SUCH CENTER;
  (G) COLLABORATION WITH  OTHER  STATE  AND  LOCAL  AGENCIES,  WORKFORCE
DEVELOPMENT  BOARDS AND CHARITABLE ORGANIZATIONS TO MEET EMERGING STATE-
WIDE PRIORITIES FOR SERVING THE DISADVANTAGED; AND
  (H) ENTREPRENEURIAL TRAINING OPPORTUNITIES THAT MAY LEAD TO  COMMUNITY
ECONOMIC DEVELOPMENT.
  3.  THE STATE UNIVERSITY SHALL FORMULATE A PLAN AND GUIDELINES FOR THE
ORGANIZATION, DEVELOPMENT, COORDINATION  AND  OPERATION  OF  EDUCATIONAL
OPPORTUNITY CENTERS AND MAY PROMULGATE SUCH RULES AND REGULATIONS NECES-
SARY  TO  CARRY  OUT  THE  PROVISIONS  OF  THIS SECTION. SUCH PLAN SHALL
INCLUDE:
  (A) DEFINITION OF ACADEMIC AND ECONOMIC ELIGIBILITY PROVIDED, HOWEVER,
THAT STATE RESIDENCY BE A MINIMUM ELIGIBILITY REQUIREMENT;
  (B) PROCEDURES FOR THE SELECTION OF SUCH STUDENTS FOR ADMISSION  TO  A
CENTER;
  (C)  PROGRAM  OBJECTIVES  INCLUDING COORDINATION WITH THE UNIVERSITY'S
LONG RANGE MISSION AND GOALS; AND
  (D) PROGRAM EVALUATION AND REPORTING.
  4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE  EMPLOYEES
OF  THE EDUCATIONAL OPPORTUNITY CENTERS OPERATED IN COOPERATION WITH THE
CITY UNIVERSITY OF NEW YORK AND/OR A COLLEGE WITHIN THE CITY  UNIVERSITY
OF  NEW  YORK  SHALL BE EMPLOYEES OF THE CITY UNIVERSITY OF NEW YORK AND
SHALL RETAIN THEIR RESPECTIVE BARGAINING UNIT REPRESENTATION.    NOTHING
IN  THIS  SECTION SHALL BE DEEMED TO WAIVE OR IMPAIR ANY RIGHTS OR BENE-
FITS OF EMPLOYEES OF THE CITY UNIVERSITY  OF  NEW  YORK  THAT  OTHERWISE
WOULD  BE  AVAILABLE TO THEM PURSUANT TO THE TERMS OF AGREEMENTS BETWEEN
THE CERTIFIED REPRESENTATIVES OF SUCH EMPLOYEES AND THE CITY  UNIVERSITY
OF NEW YORK PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.