senate Bill S5981

2013-2014 Legislative Session

Enacts the "NY Cares Act"

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Archive: Last Bill Status - In Committee


  • 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
Mar 18, 2014 reported and committed to finance
Jan 08, 2014 referred to veterans, homeland security and military affairs
Nov 13, 2013 referred to rules

Votes

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Mar 18, 2014 - Veterans, Homeland Security and Military Affairs committee Vote

S5981
12
0
committee
12
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Veterans, Homeland Security and Military Affairs Committee Vote: Mar 18, 2014

aye wr (1)

Co-Sponsors

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S5981 - Bill Details

See Assembly Version of this Bill:
A8278
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §§669-e, 237-a, 237-b, 669-c, 115 & Art 15-D §730, Ed L

S5981 - Bill Texts

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Enacts the "NY Cares Act".

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BILL NUMBER:S5981

TITLE OF BILL: An act to amend the education law, in relation to
enacting the "NY Cares Act"

PURPOSE OR GENERAL IDEA OF BILL:

Maximize the ability of student service members and their family
members to transition to college. Create models for consistently,
transparently, and effectively awarding credit for military training
and experience that can be scaled regionally and nationally.
Establish strong partnerships with institutions and organizations for
the purpose of promoting shared interests. Generates a system for
documenting and tracking academic profession at the state level.

SUMMARY OF SPECIFIC PROVISIONS:

Instruct the Board of Regents to require all universities and colleges
in New York to accept military service for some college credit (e.g.,
a combat engineer should receive some engineering curriculum credit; a
medical specialist/corpsman receive organic chemistry credit, etc.)
based on the training and experience received as compared to the
college credit hours and course curriculum recurred. Similar to the
life skills credits many colleges such as Empire state college offer.

Instruct the Board of Regents to require SUNY and CUNY to create a
systemwide website so that veterans can easily see what credits they
can qualify for, based on their branch of service, occupation,
training dates and rank, and at which school they could do so.

Requires SUNY and CUNY to hire or use counselors who were trained in
the military and/or are veterans' affairs to administer and facilitate
this initiative.

Requires the Governor, with the aid of the State Education Department,
to negotiate a Multi-State Consortium (hopefully consisting of NY, NJ,
CT, and MA at a minimum) to share best practices for integrating the
returning service members back into colleges that provide them with
experience/skillbased credit.

The Multi-State Consortium on military credit may have representation
from any state, state higher education executive officers, agencies,
university systems, campuses, and other organizations from each state
such as the New York Department of Veterans Affairs.

The Consortium shall develop and deliver innovative solutions for
student service members arid veterans entering into higher education
as well as provide data on such groups.

JUSTIFICATION:

New York is home to tens of thousands of returning service members and
veterans who have received some of the best training while serving on
active duty. Yet, when these individuals return home from conflict,
the knowledge they have obtained does not translate to course credit.
This legislation seeks to prevent our service members and veterans
from being unjustly penalized for their military experience. In


addition, this bill would encourage service members and veterans to
attend academic institutions fully accredited by the New York State
Board of Regents.

PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This will create new revenue.

EFFECTIVE DATE:

This act shall take effect on the first of July next succeeding the
date or which it shall have become a law.

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

                                  5981

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            November 13, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to enacting the "NY Cares
  Act"

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

  Section  1.  This act shall be known and may be cited as the "NY Cares
Act".
  S 2. The education law is amended by adding a  new  section  669-e  to
read as follows:
  S  669-E.  COURSE CREDIT FOR SERVICE MEMBERS.  1. FOR PURPOSES OF THIS
SECTION, THE TERM "SERVICE MEMBER" MEANS A PERSON, MALE OR  FEMALE,  WHO
IS  A  LEGAL RESIDENT OF THIS STATE, AS DEFINED BY 50 U.S.C. SECTION 595
WHO HAS SERVED IN THE ACTIVE MILITARY, NAVAL SERVICE, NATIONAL GUARD AND
RESERVE SERVICE OF THE UNITED STATES OR OF THE STATE DURING A WAR, EXPE-
DITION, OCCUPATION OF AN AREA  OR  TERRITORY,  BATTLE,  SKIRMISH,  RAID,
INVASION,  REBELLION,  INSURRECTION,  GUERILLA ACTION, RIOT IN WHICH THE
UNITED STATES WAS ENGAGED WITH A HOSTILE OR BELLIGERENT NATION, FACTION,
FORCE, OR TERRORISTS AND WHO HAS BEEN RELEASED FROM SUCH SERVICE BY  ANY
MEANS  OF  AN HONORABLE OR GENERAL DISCHARGE, OR WHO HAS BEEN FURLOUGHED
TO THE RESERVE.
  2. EVERY SERVICE MEMBER SHALL UPON APPLICATION  AND  APPROVAL  OF  THE
CHANCELLOR,  OR HIS OR HER DESIGNEE, BE GRANTED ACADEMIC CREDITS TOWARDS
HIS OR HER DEGREE FOR THE COMPLETION OF COURSES THAT WERE A PART OF SUCH
SERVICE MEMBER'S MILITARY TRAINING, SERVICE AND FOR MILITARY  EXPERIENCE
RECEIVED.  IN DETERMINING THE APPROVAL OF SUCH SERVICE MEMBER'S APPLICA-
TION, THE CHANCELLOR, OR HIS OR HER DESIGNEE, SHALL CONSIDER THE  STAND-
ARDS  OF  THE  AMERICAN  COUNCIL  ON EDUCATION. NO FEE, TUITION OR OTHER
CHARGE SHALL BE ASSESSED AGAINST A SERVICE MEMBER WHO QUALIFIES FOR SUCH
CREDIT PURSUANT TO THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13064-03-3

S. 5981                             2

  3. THE BOARDS OF TRUSTEES OF THE STATE UNIVERSITY AND THE CITY UNIVER-
SITY OF NEW YORK MAY PROMULGATE RULES AND REGULATIONS AS  ARE  NECESSARY
TO FULLY IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 3. The education law is amended by adding a new article 15-D to read
as follows:
                              ARTICLE 15-D
                    COURSE CREDIT FOR SERVICE MEMBERS
SECTION 730. COURSE CREDIT FOR SERVICE MEMBERS.
  S  730.  COURSE  CREDIT  FOR  SERVICE MEMBERS. 1. FOR PURPOSES OF THIS
SECTION, THE TERM "SERVICE MEMBER" MEANS A PERSON, MALE OR FEMALE, RESI-
DENT OF THIS STATE, AS DEFINED BY 50 U.S.C. SECTION 595, WHO HAS  SERVED
IN  THE  ACTIVE  MILITARY,  NAVAL  SERVICE,  NATIONAL  GUARD AND RESERVE
MEMBERS OF THE UNITED STATES OR OF THE STATE DURING A  WAR,  EXPEDITION,
OCCUPATION  OF  AN  AREA OR TERRITORY, BATTLE, SKIRMISH, RAID, INVASION,
REBELLION, INSURRECTION, GUERILLA  ACTION,  RIOT  IN  WHICH  THE  UNITED
STATES WAS ENGAGED WITH A HOSTILE OR BELLIGERENT NATION, FACTION, FORCE,
OR TERRORISTS AND HAS BEEN RELEASED FROM SUCH SERVICE BY ANY MEANS OF AN
HONORABLE OR GENERAL DISCHARGE, OR HAS BEEN FURLOUGHED TO THE RESERVE.
  2.  EVERY  SERVICE MEMBER AT AN INSTITUTION OF HIGHER EDUCATION RECOG-
NIZED AND APPROVED BY THE REGENTS, SHALL UPON APPLICATION  AND  APPROVAL
OF  THE  GOVERNING  BOARD,  OR  HIS OR HER DESIGNEE, BE GRANTED ACADEMIC
CREDITS TOWARDS HIS OR HER DEGREE FOR THE  COMPLETION  OF  COURSES  THAT
WERE  PART  OF  SUCH SERVICE MEMBER'S MILITARY TRAINING, SERVICE AND FOR
MILITARY EXPERIENCE  RECEIVED.  IN  DETERMINING  THE  APPROVAL  OF  SUCH
SERVICE  MEMBER'S APPLICATION, THE GOVERNING BOARD, OR HIS OR HER DESIG-
NEE, SHALL CONSIDER THE STANDARDS OF THE AMERICAN COUNCIL ON  EDUCATION.
NO  FEE,  TUITION  OR  OTHER  CHARGE SHALL BE ASSESSED AGAINST A SERVICE
MEMBER WHO QUALIFIES FOR SUCH CREDIT PURSUANT TO THIS SECTION.
  3. THE GOVERNING BOARD OF THE INSTITUTION OF HIGHER  EDUCATION  RECOG-
NIZED  AND  APPROVED BY THE REGENTS MAY PROMULGATE RULES AND REGULATIONS
AS ARE NECESSARY TO FULLY IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 4. The education law is amended by adding a  new  section  237-a  to
read as follows:
  S  237-A.  COORDINATION BETWEEN MILITARY AND HIGHER EDUCATION. 1.  THE
REGENTS SHALL DEVELOP, JOINTLY WITH  THE  STATE  DIRECTOR  OF  VETERANS'
AFFAIRS,  A  PROGRAM TO FACILITATE COORDINATION BETWEEN PARTICIPATION IN
THE MILITARY, NAVAL, NATIONAL GUARD AND RESERVE SERVICE  OF  THE  UNITED
STATES OR OF THE STATE AND ADMISSION TO ANY INSTITUTION OF HIGHER EDUCA-
TION, RECOGNIZED AND APPROVED BY THE REGENTS. THE REGENTS AND THE DIREC-
TOR  SHALL  IDENTIFY, REVIEW AND EVALUATE PROFESSIONAL TRAINING PROGRAMS
OFFERED AND MILITARY,  NAVAL,  NATIONAL  GUARD  AND  RESERVE  EXPERIENCE
OBTAINED  THROUGH SUCH SERVICE, WHICH MAY, WHERE APPLICABLE, BE ACCEPTED
BY THE DEPARTMENT FOR COURSE CREDIT.
  2. THE REGENTS SHALL CREATE A SYSTEM-WIDE WEBSITE WHICH CAN BE USED TO
DETERMINE WHAT PROGRAMS AND UNIVERSITIES SERVICE MEMBERS  ARE  QUALIFIED
FOR BASED ON THEIR BRANCH OF SERVICE, TRAINING EXPERIENCE AND RANK.
  S  5.  The  education  law is amended by adding a new section 237-b to
read as follows:
  S 237-B. NY CARES BRIDGE COURSES. 1. THE REGENTS  SHALL  REQUIRE  THAT
ALL  INSTITUTIONS  OF  HIGHER  EDUCATION  RECOGNIZED AND APPROVED BY THE
REGENTS DEVELOP, JOINTLY WITH THE STATE DIRECTOR OF VETERANS' AFFAIRS, A
PROGRAM OF COURSES TO FACILITATE  THE  TRANSITION  OF  MILITARY,  NAVAL,
NATIONAL  GUARD  AND  RESERVE SERVICE MEMBERS OF THE UNITED STATES OR OF
THE STATE INTO ALL  INSTITUTIONS  OF  HIGHER  EDUCATION  RECOGNIZED  AND
APPROVED  BY  THE  REGENTS.  THESE COURSES SHALL PROVIDE SERVICE MEMBERS
WITH:

S. 5981                             3

  (A) AN ACCELERATED AND FOCUSED LEARNING OPPORTUNITY;
  (B) AN ALTERNATIVE TO TRADITIONAL DEVELOPMENTAL EDUCATION;
  (C) FAMILIARITY WITH A COLLEGE ENVIRONMENT AND FACILITIES; AND
  (D) ACCESS TO TUTORING AND MENTORING.
  2.  THE GOVERNING BOARD OF EACH INSTITUTION OF HIGHER EDUCATION RECOG-
NIZED AND APPROVED BY THE REGENTS SHALL MAKE THESE COURSES AVAILABLE  AT
THEIR  RESPECTIVE INSTITUTIONS AND SHALL EMPLOY MILITARY TRAINED COUNSE-
LORS TO ADMINISTER AND FACILITATE THIS PROGRAM.
  S 6. The education law is amended by adding a  new  section  669-c  to
read as follows:
  S  669-C.  TUITION AWARDS FOR SPOUSES AND CHILDREN OF DECEASED SERVICE
MEMBERS.  THE PRESIDENT OF THE  HIGHER  EDUCATION  SERVICES  CORPORATION
SHALL  MAKE  AVAILABLE  TO THE SPOUSES OR CHILDREN OF A DECEASED SERVICE
MEMBER AS DEFINED IN SUBDIVISION ONE OF THIS SECTION,  A  TUITION  AWARD
THAT  MAY  BE  APPLIED  TO ANY COLLEGE OR COMMUNITY COLLEGE IN THE STATE
UNIVERSITY OF NEW YORK SYSTEM, ANY UNIVERSITY OF THE STATE OF NEW  YORK,
OR THE UNIVERSITY OF THE CITY OF NEW YORK.
  1.  FOR  PURPOSES  OF  THIS SECTION, THE TERM "SERVICE MEMBER" MEANS A
PERSON, MALE OR FEMALE, RESIDENT OF THIS STATE, WHO HAS  SERVED  IN  THE
ACTIVE  MILITARY,  NAVAL  SERVICE, NATIONAL GUARD AND RESERVE MEMBERS OF
THE UNITED STATES DURING A WAR, EXPEDITION, OCCUPATION  OF  AN  AREA  OR
TERRITORY,  BATTLE,  SKIRMISH,  RAID, INVASION, REBELLION, INSURRECTION,
GUERILLA ACTION, RIOT IN WHICH THE UNITED  STATES  WAS  ENGAGED  WITH  A
HOSTILE OR BELLIGERENT NATION, FACTION, FORCE, OR TERRORISTS AND WHO WAS
A  LEGAL RESIDENT OF NEW YORK STATE AT THE TIME OF HIS OR HER DEMISE AND
WHO DIED OR DIES WHILE SO SERVING.
  2. A TUITION AWARD GRANTED UNDER THIS SECTION SHALL BE  NO  MORE  THAN
THE COST OF UNDERGRADUATE TUITION, OFFSET BY ANY OTHER FINANCIAL ASSIST-
ANCE  OR AWARD RECEIVED.  IF A TUITION ASSISTANCE PROGRAM (TAP) AWARD OR
A REGENTS AWARD IS ALSO RECEIVED, THE COMBINED ACADEMIC YEAR AWARD SHALL
NOT EXCEED TUITION.
  3. NO RECIPIENT OF A TUITION AWARD UNDER THIS SECTION SHALL RECEIVE  A
TUITION  AWARD  FOR MORE THAN EIGHT SEMESTERS OF FULL TIME UNDERGRADUATE
STUDY, OR THE EQUIVALENT OF FOUR ACADEMIC YEARS, OR, IF AN UNDERGRADUATE
PROGRAM NORMALLY REQUIRES FIVE ACADEMIC YEARS OF FULL  TIME  STUDY,  FOR
MORE  THAN  TEN  SEMESTERS OF FULL TIME STUDY, OR THE EQUIVALENT OF FIVE
ACADEMIC YEARS. "FULL TIME STUDY" SHALL MEAN ENROLLMENT  FOR  MORE  THAN
TWELVE  SEMESTER  HOURS  PER SEMESTER, OR THE EQUIVALENT, IN AN APPROVED
UNDERGRADUATE PROGRAM.
  4. NO RECIPIENT OF A TUITION AWARD UNDER THIS SECTION SHALL RECEIVE  A
TUITION AWARD FOR MORE THAN SIXTEEN SEMESTERS OF PART TIME UNDERGRADUATE
STUDY, OR THE EQUIVALENT OF EIGHT ACADEMIC YEARS OF PART TIME STUDY, OR,
IF  AN  UNDERGRADUATE  PROGRAM  NORMALLY REQUIRES FIVE ACADEMIC YEARS OF
FULL TIME STUDY, FOR MORE THAN TWENTY SEMESTERS OF PART TIME  STUDY,  OR
THE  EQUIVALENT  OF  TEN  ACADEMIC  YEARS.  "PART TIME STUDY" SHALL MEAN
ENROLLMENT FOR AT LEAST THREE BUT LESS THAN TWELVE  SEMESTER  HOURS  PER
SEMESTER, OR THE EQUIVALENT, IN AN APPROVED UNDERGRADUATE PROGRAM.
  S  7. The education law is amended by adding a new section 115 to read
as follows:
  S 115. MULTI-STATE COLLABORATIVE ON MILITARY CREDIT. THE COLLABORATIVE
FOR HIGHER EDUCATION FOR SERVICE MEMBERS  IS  HEREBY  ENTERED  INTO  AND
ENACTED  INTO LAW WITH ALL JURISDICTIONS LEGALLY JOINING THEREIN, IN THE
FORM SUBSTANTIALLY AS FOLLOWS:
               MULTI-STATE COLLABORATIVE ON MILITARY CREDIT

S. 5981                             4

  WHEREAS, STATES, ESPECIALLY STATE HIGHER EDUCATION AGENCIES,  NEED  TO
WORK  TOGETHER  IN  ORDER  TO  BETTER MEET THE HIGHER EDUCATION NEEDS OF
RETURNING SERVICE MEMBERS AND THEIR FAMILIES; AND
  WHEREAS,  THE  FEDERAL  GOVERNMENT  NEEDS TO WORK IN CLOSE PARTNERSHIP
WITH STATES TO BETTER MEET  THE  HIGHER  EDUCATION  NEEDS  OF  RETURNING
SERVICE MEMBERS AND THEIR FAMILIES; AND
  WHEREAS, STATES NEED TO SUPPORT THE RECOMMENDATIONS ON MILITARY CREDIT
THAT  HAVE  BEEN  DEVELOPED  BY  THE AMERICAN COUNCIL ON EDUCATION (ACE)
UNDER CONTRACT WITH THE DEPARTMENT OF DEFENSE,
  THE STATES AFFIRM THE NEED FOR CLOSE AND CONTINUING CONSULTATION AMONG
OUR SEVERAL STATES ON MATTERS OF HIGHER EDUCATION  RELATING  TO  SERVICE
MEMBERS, AND DO HEREBY ESTABLISH THIS COLLABORATIVE FOR HIGHER EDUCATION
FOR SERVICE MEMBERS.

                     ARTICLE I. PURPOSE AND POLICY.

  A. IT IS THE PURPOSE OF THIS COLLABORATIVE TO:
  1. MAXIMIZE WAYS FOR SERVICE MEMBERS TO TRANSITION TO COLLEGE.
  2.  CREATE  MODELS  FOR  CONSISTENTLY,  TRANSPARENTLY, AND EFFECTIVELY
AWARDING CREDIT FOR MILITARY TRAINING AND EXPERIENCE THAT CAN BE  SCALED
REGIONALLY AND NATIONALLY.
  3.  ESTABLISH  STRONG PARTNERSHIPS WITH INSTITUTIONS AND ORGANIZATIONS
FOR THE PURPOSE OF PROMOTING SHARED INTERESTS.
  4. ESTABLISH AND MAINTAIN CLOSE COOPERATION  AND  UNDERSTANDING  AMONG
EXECUTIVE, LEGISLATIVE, PROFESSIONAL, EDUCATIONAL, VETERANS AFFAIRS, AND
LAY LEADERSHIP ON A NATIONWIDE BASIS AT THE STATE AND LOCAL LEVELS.
  5. PROVIDE A CLEARINGHOUSE OF INFORMATION ON MATTERS RELATING TO PROB-
LEMS  WITH THE TRANSITION OF SERVICE MEMBERS INTO INSTITUTIONS OF HIGHER
EDUCATION AND HOW THEY ARE BEING MET IN DIFFERENT PLACES THROUGHOUT  THE
NATION,  SO THAT THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE GOVERN-
MENT AND OF LOCAL COMMUNITIES MAY HAVE READY ACCESS  TO  THE  EXPERIENCE
AND RECORD OF THE ENTIRE COUNTRY.
  B. IT IS THE POLICY OF THIS COLLABORATIVE TO DEVELOP AND DELIVER INNO-
VATIVE  SOLUTIONS  FOR SERVICE MEMBERS ENTERING INTO HIGHER EDUCATION AS
WELL AS PROVIDE DATA ON SUCH GROUPS.

                       ARTICLE II. STATE DEFINED.

  AS USED IN THIS COLLABORATIVE, "STATE" MEANS A  STATE,  TERRITORY,  OR
POSSESSION  OF  THE  UNITED  STATES,  THE  DISTRICT  OF COLUMBIA, OR THE
COMMONWEALTH OF PUERTO RICO.

                     ARTICLE III. THE COLLABORATIVE.

  A. THE  MULTI-STATE  COLLABORATIVE  ON  MILITARY  CREDIT,  HEREINAFTER
CALLED  "THE  COLLABORATIVE",  IS  HEREBY ESTABLISHED. THE COLLABORATIVE
SHALL CONSIST OF TWO MEMBERS REPRESENTING EACH PARTY STATE. ONE OF  SUCH
MEMBERS  SHALL  BE  THE  GOVERNOR;  AND ONE SHALL BE THE HEAD OF A STATE
AGENCY OR INSTITUTION, DESIGNATED BY THE GOVERNOR, HAVING RESPONSIBILITY
FOR ONE OR MORE PROGRAMS OF VETERANS' AFFAIRS, UNLESS THE  LAWS  OF  THE
STATE  OTHERWISE  PROVIDE.    IN  ADDITION  TO  ANY  OTHER PRINCIPLES OR
REQUIREMENTS WHICH A STATE MAY ESTABLISH FOR THE APPOINTMENT AND SERVICE
OF ITS MEMBERS OF THE  COLLABORATIVE,  THE  GUIDING  PRINCIPLE  FOR  THE
COMPOSITION OF THE MEMBERSHIP ON THE COLLABORATIVE FROM EACH PARTY STATE
SHALL  BE  THAT  THE MEMBERS REPRESENTING SUCH STATE SHALL, BY VIRTUE OF
THEIR TRAINING, EXPERIENCE, KNOWLEDGE OR AFFILIATIONS BE IN  A  POSITION

S. 5981                             5

COLLECTIVELY  TO  REFLECT BROADLY THE INTERESTS OF THE STATE GOVERNMENT,
HIGHER EDUCATION, VETERANS' AFFAIRS, THE STATE EDUCATION SYSTEM, LAY AND
PROFESSIONAL,  PUBLIC  AND  NON-PUBLIC  EDUCATIONAL  LEADERSHIP.     ONE
APPOINTEE SHALL BE THE HEAD OF A STATE AGENCY OR INSTITUTION, DESIGNATED
BY  THE  GOVERNOR,  HAVING  RESPONSIBILITY  FOR  ONE OR MORE PROGRAMS OF
VETERANS' AFFAIRS. IN ADDITION  TO  THE  MEMBERS  OF  THE  COLLABORATIVE
REPRESENTING THE PARTY STATES, THERE MAY BE NOT TO EXCEED TEN NON-VOTING
MEMBERS  SELECTED  BY THE STEERING COMMITTEE FOR TERMS OF ONE YEAR. SUCH
MEMBERS SHALL REPRESENT LEADING NATIONAL ORGANIZATIONS  OF  PROFESSIONAL
EDUCATORS,   PERSONS  CONCERNED  WITH  EDUCATIONAL  ADMINISTRATION,  AND
PERSONS CONCERNED WITH VETERANS' AFFAIRS.
  B. THE MEMBERS OF THE COLLABORATIVE SHALL  BE  ENTITLED  TO  ONE  VOTE
EACH.  NO ACTION OF THE COLLABORATIVE SHALL BE BINDING UNLESS TAKEN AT A
MEETING AT WHICH A MAJORITY OF THE TOTAL NUMBER OF VOTES ON THE COLLABO-
RATIVE ARE CAST IN FAVOR THEREOF.  ACTION OF THE COLLABORATIVE SHALL  BE
ONLY  AT A MEETING AT WHICH A MAJORITY OF THE STATE MEMBERS ARE PRESENT.
THE COLLABORATIVE SHALL MEET AT LEAST ONCE A YEAR.  FOR THE PURPOSES  OF
THIS SECTION, MEETING BY VIDEO CONFERENCING SHALL BE PERMITTED TO OBTAIN
A MAJORITY.
  C.  THE  DIRECTION  AND  IMPLEMENTATION OF THE COLLABORATIVE SHOULD BE
CARRIED OUT BY A LEADERSHIP TEAM CONSISTING OF THE REPRESENTATIVES  FROM
THE  INITIAL  FOUNDING  STATES  AND ORGANIZATIONS.   HOWEVER, ADDITIONAL
MEMBERS MAY BE ADDED TO THE TEAM AS NEEDED.

            ARTICLE IV. COOPERATION WITH FEDERAL GOVERNMENT.

  A. IF THE LAWS OF THE UNITED STATES SPECIFICALLY  SO  PROVIDE,  OR  IF
ADMINISTRATIVE PROVISION IS MADE THEREFOR WITHIN THE FEDERAL GOVERNMENT,
THE  UNITED  STATES  MAY  BE  REPRESENTED IN THE COLLABORATIVE BY NOT TO
EXCEED TEN REPRESENTATIVES. ANY SUCH REPRESENTATIVE  OR  REPRESENTATIVES
OF  THE UNITED STATES SHALL BE APPOINTED AND SERVE IN SUCH MANNER AS MAY
BE PROVIDED BY OR PURSUANT TO FEDERAL LAW, AND MAY BE DRAWN FROM ANY ONE
OR MORE BRANCHES OF THE FEDERAL GOVERNMENT, BUT NO SUCH  REPRESENTATIVES
SHALL HAVE A VOTE IN THE COLLABORATIVE.
  B.  THE COLLABORATIVE MAY PROVIDE INFORMATION AND MAKE RECOMMENDATIONS
TO ANY EXECUTIVE OR LEGISLATIVE AGENCY OR OFFICER OF THE FEDERAL GOVERN-
MENT CONCERNING THE COMMON EDUCATIONAL POLICIES OF THE STATES,  AND  MAY
ADVISE WITH ANY SUCH AGENCIES OR OFFICERS CONCERNING ANY MATTER OF MUTU-
AL INTEREST.

         ARTICLE V. ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL.

  A.  THIS  COLLABORATIVE  SHALL  HAVE  AS  ELIGIBLE PARTIES ALL STATES,
TERRITORIES, AND POSSESSIONS OF  THE  UNITED  STATES,  THE  DISTRICT  OF
COLUMBIA,  AND  THE  COMMONWEALTH OF PUERTO RICO. IN RESPECT OF ANY SUCH
JURISDICTION NOT HAVING A GOVERNOR, THE TERM "GOVERNOR", AS USED IN THIS
COLLABORATIVE, SHALL MEAN THE CLOSEST EQUIVALENT OFFICIAL OF SUCH JURIS-
DICTION.
  B. ANY STATE OR OTHER ELIGIBLE JURISDICTION MAY ENTER INTO THIS COLLA-
BORATIVE AND IT SHALL BECOME BINDING THEREON WHEN  IT  HAS  ADOPTED  THE
SAME;  PROVIDED  THAT IN ORDER TO ENTER INTO INITIAL EFFECT, ADOPTION BY
AT  LEAST  THREE  NEIGHBORING  JURISDICTIONS  OF  THIS  STATE  SHALL  BE
REQUIRED.
  C.  ADOPTION  OF  THE COMPACT MAY BE EITHER BY ENACTMENT THEREOF OR BY
MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNOR AND THE  OTHER  STATES.
SUCH  COLLABORATIVE SHALL BE DEEMED RATIFIED BY THE LEGISLATURE UPON THE

S. 5981                             6

GOVERNOR'S CERTIFICATION TO THE TEMPORARY PRESIDENT OF THE  SENATE,  THE
SPEAKER OF THE ASSEMBLY, AND THE SECRETARY OF STATE.

               ARTICLE VI. CONSTRUCTION AND SEVERABILITY.

  THIS  COLLABORATIVE  SHALL  BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE
THE PURPOSES THEREOF.
  A. THE PROVISIONS OF THIS COLLABORATIVE SHALL BE SEVERABLE AND IF  ANY
PHRASE,  CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED TO BE
CONTRARY TO THE CONSTITUTION OF ANY STATE OR OF THE  UNITED  STATES,  OR
THE  APPLICABILITY  THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR CIRCUM-
STANCES IS HELD INVALID, THE VALIDITY OF THE REMAINDER OF THIS  COLLABO-
RATIVE  AND  THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON
OR CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.  IF  THIS  COLLABORATIVE
SHALL  BE  HELD  CONTRARY TO THE CONSTITUTION OF ANY STATE PARTICIPATING
THEREIN, THE COLLABORATIVE SHALL REMAIN IN FULL FORCE AND EFFECT  AS  TO
THE STATE AFFECTED AS TO ALL SEVERABLE MATTERS.
  B.  THE  MEMBERS  OF  THE  COLLABORATIVE REPRESENTING THIS STATE SHALL
RECEIVE  NO  COMPENSATION  FOR  THEIR  SERVICES  BUT  SHALL  BE  ALLOWED
REIMBURSEMENT  FOR THEIR ACTUAL AND NECESSARY EXPENSES IN PERFORMANCE OF
THEIR DUTIES HEREUNDER.
  S 8. The trustees of the state university and city university  of  New
York  are hereby authorized and directed to immediately take all actions
to create and establish within their respective university  system,  and
subject  to  the jurisdiction of their board of trustees, internet-based
coursework for  active  military,  naval  service,  National  Guard  and
reserve service members of the United States or of the state.
  S  9.  This act shall take effect on the first of July next succeeding
the date on which 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
and directed to be made and completed on or before such effective date.

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