senate Bill S5647

2011-2012 Legislative Session

Continues early college high schools in the state

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2012 referred to higher education
delivered to assembly
passed senate
ordered to third reading cal.1150
committee discharged and committed to rules
Jan 04, 2012 referred to higher education
returned to senate
died in assembly
Jun 14, 2011 referred to higher education
delivered to assembly
passed senate
Jun 13, 2011 ordered to third reading cal.1178
Jun 11, 2011 committee discharged and committed to rules
Jun 08, 2011 referred to higher education

Votes

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Jun 12, 2012 - Rules committee Vote

S5647
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Jun 13, 2011 - Rules committee Vote

S5647
22
0
committee
22
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S5647 - Bill Details

See Assembly Version of this Bill:
A9312
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §667-d, Ed L

S5647 - Bill Texts

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Continues early college high schools in the state.

view sponsor memo
BILL NUMBER:S5647 REVISED 02/27/12

TITLE OF BILL:

An act
to amend the education law, in relation to continuing early
college high schools in
the state

PURPOSE OF THE BILL:

The purpose of this bill is to ensure the continuation of early
college high schools (ECHSs) in the State, which provide students
often under-represented in higher education "with the opportunity and
access to college-level courses in high school, by providing for the
funding of such programs through tuition assistance program (TAP) funds.

SUMMARY OF THE PROVISIONS OF THE BILL:

Section 1 of the bill would set forth the Legislature's intent in
enacting this bill. This section details the importance of Early
College High School (ECHS) programs in the State by recognizing that
an ECHS increases a student's access to higher education by
introducing the student to college-level coursework in high school
where he or she has the combined support of high school and
college-level staff and resources. This section further identifies
that ECHSs offer students the ability to accelerate their completion
of a college degree by offering college-level credits at the high
school level.

Section 2 of the bill would add a new §667 -d to the Education Law to
authorize the President of the Higher Education Services Corporation
(HESC) to grant TAP awards, on an annual basis, to ECHSs. More
specifically, Education Law §667-d, as added, would provide that
starting with the 2012-2013 academic year, an ECHS may apply to HESC
for a TAP award if the ECHS is an approved ECHS in the State. The
Commissioner of Education would be authorized to establish the
criteria for the approval of a public high school as an ECHS eligible
for TAP funds for purposes of such section.

The amount of TAP funds awarded to any ECHS would be based on the
total number of students enrolled in the ECHS program who meet
certain eligibility requirements, as further set forth below,
multiplied by the excess cost to provide college-level coursework to
each student at such ECHS. The Commissioner of Education would
determine the excess cost per student based on a methodology
prescribed by the Commissioner. Based on the cost per student
expenditures of the Smart Scholars ECHS Program during its first
implementation year (2010-11), the cost beyond traditional high
school expenses to provide an ECHS program is estimated to be
approximately $582 per student.

In determining the total student enrollment for purposes of
calculating the annual TAP award granted to an ECHS, a student would
need to meet the following conditions in order to be counted as part
of the ECHS's student enrollment. Foremost, a student may only be
counted for such enrollment purposes if he or she is actually
enrolled in an ECHS program. Therefore, a high school that separately
offers an ECHS program may only count the students actually enrolled
in the ECHS program within the school, and all other high school
students in the school would not be counted.

The student would also need to: (1) be a resident of the district in
which the school is located, (2) be registered to attend the 11th or
12th grade in the ECHS program at the ECHS, (3) have been eligible to
receive free or reduced price lunch in one of the two preceding
school years, and (4) be matriculated in an approved program leading
to the granting of a postsecondary degree or diploma or have
demonstrated the ability to complete college-level coursework. The
bases for these requirements are that students at these high grade
levels have had the opportunity to receive adequate preparation and
demonstrate their readiness for college level work. Moreover, it is
in the II th and 1 th grades that the majority of college level
courses are taken by students at the ECHS. Participation in the free
and reduced price lunch program is a standard method for determining
students' economic need at the secondary level. Since TAP aims to
serve students of low to moderate income, a requirement that a
student receive free or reduced price lunch helps ensure that a
similar target population is being served.

Under Education Law §667-d, the Commissioner of Education would be
authorized to determine the standards a student must meet to
demonstrate that he or she is college ready.
These criteria would include, but need not be limited to: (1) the
student has successfully completed a specific number of hours of
college-level instruction at an approved partnering college, (2) the
student has obtained test scores in the 80th percentile or higher on
all Regents examinations administered to such student in the 9th and
10th grades, and (3) the student has demonstrated the ability to
complete college-level coursework though his or her performance in
high school level math, English and science classes. The Commissioner
of Education would be authorized to establish the specific number of
hours of college-level instruction the student would have needed to
complete at a partnering college in order to demonstrate college
readiness.
These requirements would be prescribed in the Commissioner's
regulations.

Education Law §667-d, as added, would also ensure that a student would
not be penalized for being counted towards an ECHS's student
enrollment for TAP purposes by expressly providing that the amount
and duration of a student's TAP award during higher education would
not be limited by such student being counted for such enrollment
purposes. Additionally, the bill would clarify that an ECHS would not

otherwise be subject to the requirements for payment of TAP pursuant
to Article 14 of the Education Law.

Section 3 is the effective date.

STATEMENT IN SUPPORT OF THE BILL:

The United States Department of Education and the New York State Board
of Regents are seeking innovative programs to increase student
attainment of postsecondary degrees, especially among
under-represented students. One innovative strategy that is proving
effective is early college high schools. An early college high school
(ECHS) is a public school that provides disadvantaged students with
the opportunity and structured preparation to accelerate the
completion of their high school studies while earning up to 60
transferable college credits, tuition-free. This is particularly
important given that many of these ECHSs serve a school district with
a high-needs school.

The mission of ECHSs is consistent with that of the New York State
Tuition Assistance Program (TAP): to increase under-represented
students' access to post secondary education and to reduce these
students' costs for obtaining such education. The academic and social
support that
ECHSs provide their students helps to ensure these students
successfully complete college course work after high school, thereby
making the investment of TAP funds in ECHS programs a sound strategy.
According to the national Early College High School Initiative
(ECHSI), these schools are "based on the principle that academic
rigor, combined with the opportunity to save time and money, is a
powerful motivator for students to work hard and meet serious
intellectual challenges." ECHSI website at
http://www.earlycollege.org/.

To provide college-level instruction at the high school level, ECHSs
require additional funding, beyond traditional State aid, to support
the additional costs associated with these services (e.g. college
tuition and college textbooks, college level laboratory equipment,
and additional academic and social support structures). To date,
ECHSs have had to primarily rely on temporary funding sources such as
grants to support these additional costs. (e.g Bill & Melinda Gates
Foundation). The unreliability of these funding sources and possible
depletion of funds, subjects these schools to possible closure and
jeopardizes the student's education at both the high school and
college level. By making ECHSs statutorily eligible to receive TAP
funds to pay these extra costs would help' ensure the long-term
sustainability of this valuable strategy for increasing high school
graduation and postsecondary degree completion rates among
under-represented students.

There are currently 23 ECHSs in New York State, with the earliest of
such high schools opening in 2002 through the Early College

Initiative at CUNY. The CUNY program has grown to include 12 ECHSs
and will open a new ECHS in September 2011. In 2009, the New York
State Board of Regents established the Smart Scholars Early College
High School Program, which has an initial cohort of 11 ECHSs across
New York State. All of these ECHS programs received significant
initial funding from the Bill & Melinda Gates Foundation. Within the
next two months, NYSED plans to award start-up grants to 16 new Smart
Scholars ECHS programs with State funding that will satisfy a
required match to the initial $6 million that the Smart Scholars
program was awarded by the Gates Foundation. All of the Smart
Scholars grants are four-year awards, and the funded schools will
need new funding sources to continue to meet the excess costs of
their ECHS programs once their grant programs end. Other New York
ECHS are already facing similar challenges with finding long-term
funding to sustain their programs.
Therefore, a structured funding mechanism is needed to sustain these
valuable programs throughout the State.

Furthermore, tracked student performance demonstrates the value of
ECHSs to students and reinforces the need and appropriate use of TAP
funds to sustain these programs. The national ECHSI has developed a
Student Information System (SIS) to track student progress in
approximately 200 of its ECHSs currently operating in 24 states and
the District of Columbia.
Outcomes for students in the ECHSI support the effectiveness of early
college high schools as a strategy for closing the achievement gap.
Nationwide, 70% of ECHSI students are students of color and 59% are
eligible for the free or reduced lunch program.

These figures are higher for ECHS students in New York State. For
example, over 90% of the students in CUNY's Early College Initiative
are students of color, and 64% participate in the free and reduced
price lunch program. In 2009, 3,000 students graduated from the 64
early college schools in the national ECHSI network that were in
operation for four plus years. These students earned an average of 20
plus college credits. Thirty-nine percent earned at least a year of
transferable credit, while 25 % earned two full years of college
credit or an Associate's
degree. Among the six CUNY ECHSs that had graduating classes in 2009,
45% of the graduates entered CUNY colleges with an average number of
college credits ranging up to 15 credits, with many students earning
at least a full semester of college. Thus, ECHSs not only prepare
students for college but they provide the incentive and motivation
for students to complete their college degrees at an accelerated level.

BUDGETARY IMPLICATIONS OF THE BILL:

This bill is anticipated to result in overall cost-savings to TAP as
well as to the State given that an ECHS program accelerates a
student's completion of his or her college degree at the high school
level so that the student should not require as much TAP funding
while in college. Furthermore, while a student may likely receive a

maximum TAP award of $5,000 at the college level, an ECHS may only
require $582 per student to provide college instruction at the high
school level. Any savings in providing college instruction at the
high school level rather than the college level would further result
in costs savings on the State.

It is estimated that based on an expected excess cost of $582 per
student, the bill will cost approximately $1,834,464.00 in TAP funds
during the first year of the bill's implementation.

The following table outlines these costs:

School Year Projected Projected Percent Projected
Number ECHS (rounded) and ECHS-TAP
11th and 12th Number ECHS Award
Graders Students Eligible
for TAP

2012-2013 4,057 74% = 3,152 $1,834,464

For further clarification, this cost was determined by multiplying the
number of ECHS students projected to be eligible to be counted for ECHS
TAP purposes in the 2012-2013 school year, by the estimated average
excess cost per student ($582). The estimate for the number of eligible
students is based on projections of the percentage of juniors and
seniors in New York ECHS that would be eligible for the free and reduced
price lunch program in such year.

These figures also include the students anticipated from the 16 new ECHS
programs that will open in September 2011 with the second round of Smart
Scholars funding. Although these schools may be eligible to apply for
such funding in the 2012-2013 school year, no one school is required to
apply. Rather, application for TAP funding should be made on an as need-
ed basis since these funds should be used to help replace the grant
funding when such funding expires. Therefore, the projections for this
year could be considerably lower.

PRIOR LEGISLATIVE HISTORY:

This is a new legislative proposal.

EFFECTIVE DATE:
This act would take effect July 1, 2012.

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

                                  5647

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 8, 2011
                               ___________

Introduced  by  Sen.  FLANAGAN  --  (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 continuing early
  college high schools in the 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  early  college  high
schools  in  the  State  that  provide various students, including those
traditionally underrepresented in  post-secondary  education,  with  the
opportunity  to  access college-level courses and college degree credits
at the high school level with the combined support of  high  school  and
college  staff  and resources. The early college high school program not
only increases these students' access  to  higher  education,  but  also
reduces potential costs for these students in completing college degrees
by  allowing  them to either complete a degree upon graduation from high
school  or  to  apply   their   earned   college   credits   towards   a
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  such 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.
  The Legislature hereby finds and  declares  it  necessary  to  provide
funding  for these schools to ensure that they continue in operation and
continue to provide students  with  these  valuable  services.  Although
early  college high schools are public high schools, the cost of provid-
ing college-level courses, including the costs of instruction at a part-
nering college and college-level books and materials, exceeds the  costs
of  a  traditional  public  school.    At the same time, the Legislature

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11297-02-1

S. 5647                             2

recognizes that accelerating  the  completion  of  a  student's  college
degree  at the high school level will result in a student requiring less
tuition assistance funds (TAP) to complete their degree at the post-sec-
ondary  level. Therefore, these schools ultimately result in significant
cost-savings to TAP funds. Furthermore, given these students'  increased
preparedness for post-secondary education, which should, in turn, equate
to  enhanced academic performance in school, they are a great investment
of TAP funds.
  S 2. The education law is amended by adding a  new  section  667-d  to
read as follows:
  S 667-D. SUPPLEMENTAL TUITION ASSISTANCE AWARDS FOR EARLY COLLEGE HIGH
SCHOOL PROGRAMS.
  1.  NOTWITHSTANDING  ANY RULE, REGULATION, OR LAW TO THE CONTRARY, THE
PRESIDENT SHALL BE AUTHORIZED TO MAKE ANNUAL TUITION ASSISTANCE  PROGRAM
AWARDS  TO APPROVED EARLY COLLEGE HIGH SCHOOLS IN THE STATE THAT OPERATE
APPROVED EARLY COLLEGE  HIGH  SCHOOL  PROGRAMS  ON  BEHALF  OF  ELIGIBLE
STUDENTS ENROLLED IN SUCH PROGRAMS.
  2. FOR PURPOSES OF THIS SECTION:
  A. "APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAM" MEANS AN EARLY COLLEGE
HIGH SCHOOL PROGRAM, APPROVED BY THE COMMISSIONER IN ACCORDANCE WITH THE
REGULATIONS  OF  THE  COMMISSIONER,  WHICH  PROVIDES  ELIGIBLE  STUDENTS
ENROLLED AT 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 A POST-SECONDARY DEGREE OR DIPLOMA AT A  PARTNERING  COLLEGE
APPROVED BY THE DEPARTMENT; AND
  B.  "APPROVED  EARLY  COLLEGE  HIGH SCHOOL" MEANS A PUBLIC HIGH SCHOOL
THAT OPERATES AN APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAM;
  C. "ELIGIBLE STUDENT" MEANS A STUDENT WHO:
  (I) IS A RESIDENT OF THE  SCHOOL  DISTRICT  IN  WHICH  THE  SCHOOL  IS
LOCATED AND IS ENROLLED IN SUCH SCHOOL DISTRICT;
  (II)  IS  REGISTERED  TO  ATTEND THE ELEVENTH OR TWELFTH GRADE AT SUCH
HIGH SCHOOL FOR THE ACADEMIC YEAR IN WHICH THE TUITION ASSISTANCE  AWARD
IS BEING SOUGHT BY SUCH SCHOOL;
  (III)  WAS  ELIGIBLE  TO RECEIVE FREE OR REDUCED PRICE LUNCH IN ONE OF
THE TWO PRECEDING SCHOOL YEARS; AND
  (IV) IS EITHER MATRICULATED IN AN  APPROVED  PROGRAM  LEADING  TO  THE
GRANTING  OF A POST-SECONDARY DEGREE OR DIPLOMA, OR WHO HAS DEMONSTRATED
TO  THE  SATISFACTION  OF  THE  COMMISSIONER  THE  ABILITY  TO  COMPLETE
COLLEGE-LEVEL  COURSE  WORK IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION.
  D. "EXCESS COST PER STUDENT" MEANS THE ADDITIONAL COST OF PROVIDING AN
ELIGIBLE STUDENT WITH COLLEGE-LEVEL COURSE WORK, AS  DETERMINED  BY  THE
COMMISSIONER  IN ACCORDANCE WITH A METHODOLOGY PRESCRIBED BY THE COMMIS-
SIONER.
  3. THE PRESIDENT SHALL  MAKE  TUITION  ASSISTANCE  PROGRAM  AWARDS  TO
APPROVED EARLY COLLEGE HIGH SCHOOLS IN THE FOLLOWING MANNER:
  A.  COMMENCING  WITH  THE  TWO  THOUSAND TWELVE--TWO THOUSAND THIRTEEN
ACADEMIC YEAR, AN APPROVED EARLY COLLEGE HIGH SCHOOL MAY  APPLY  TO  THE
CORPORATION  FOR AN ANNUAL TUITION ASSISTANCE PROGRAM AWARD IN AN AMOUNT
NOT TO EXCEED THE PRODUCT OF: (I) THE TOTAL NUMBER OF ELIGIBLE  STUDENTS
ENROLLED IN AN APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAM IN SUCH SCHOOL
AND  (II)  EITHER  FIVE THOUSAND DOLLARS OR THE EXCESS COST PER STUDENT,
WHICHEVER IS LESS.
  4. A STUDENT SHALL  BE  CONSIDERED  A  STUDENT  WITH  THE  ABILITY  TO
COMPLETE  COLLEGE-LEVEL  COURSE  WORK  IF  HE  OR SHE MEETS AT LEAST TWO
REQUIREMENTS PRESCRIBED BY THE COMMISSIONER IN THE  REGULATIONS  OF  THE

S. 5647                             3

COMMISSIONER,  WHICH  SHALL  INCLUDE,  BUT  NEED  NOT BE LIMITED TO, THE
FOLLOWING:
  A.  THE STUDENT HAS SUCCESSFULLY COMPLETED A SPECIFIED NUMBER OF HOURS
OF COLLEGE-LEVEL INSTRUCTION  AT  AN  APPROVED  PARTNERING  COLLEGE,  AS
DETERMINED BY THE COMMISSIONER;
  B.  THE  STUDENT  HAS  OBTAINED A TEST SCORE OF AT LEAST THE EIGHTIETH
PERCENTILE ON ALL REGENTS EXAMINATIONS ADMINISTERED TO SUCH  STUDENT  IN
THE NINTH AND TENTH GRADES; AND
  C.  THE STUDENT HAS DEMONSTRATED THE ABILITY TO COMPLETE COLLEGE-LEVEL
COURSE WORK THROUGH  HIGH  SCHOOL  LEVEL  COURSE  WORK  IN  MATHEMATICS,
ENGLISH AND SCIENCE, INCLUDING TESTS, HOMEWORK, AND LAB WORK.
  5.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE PAYMENT OF A TUITION ASSISTANCE AWARD PURSUANT TO THIS
SECTION ON BEHALF OF AN ELIGIBLE STUDENT SHALL NOT BE CONSTRUED TO LIMIT
THE AMOUNT OR DURATION OF A TUITION ASSISTANCE PROGRAM  AWARD  AVAILABLE
TO ANY SUCH STUDENT.
  6.  AN EARLY COLLEGE HIGH SCHOOL SHALL NOT OTHERWISE BE SUBJECT TO THE
REQUIREMENTS FOR RECEIVING PAYMENT ON A TUITION ASSISTANCE PROGRAM AWARD
PURSUANT TO THIS ARTICLE.
  S 3. This act shall take effect immediately, provided that if this act
shall have become a law on or after July 1, 2012, it shall be deemed  to
have been in full force and effect on and after July 1, 2012.

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