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.