senate Bill S6452

2013-2014 Legislative Session

Establishes the pathways for academic career and employment program and the gap tuition assistance program

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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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Senate Actions - UPPERCASE
Jan 24, 2014 referred to higher education

S6452 - Bill Details

See Assembly Version of this Bill:
A8217
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 130-A Title 7 §§6460 & 6461, add §669-e, Ed L

S6452 - Bill Texts

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Establishes the pathways for academic career and employment program and the gap tuition assistance program.

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BILL NUMBER:S6452

TITLE OF BILL: An act to amend the education law, in relation to
establishing the pathways for academic career and employment program
and the gap tuition assistance program

PURPOSE: This bill seeks to establish a pathway for an academic career
employment program (PACE). The bill aspires to assist "dislocated
workers" who have been laid off or terminated, and who are now
unlikely to return to the industry or trade that previously employed
them. The program will provide funding for the development of projects
that will help transition displaced workers into new fields of work
that need human capital.

SUMMARY OF PROVISIONS: Section 6460, article 1 defines what is
determined to be a "dislocated worker," article 2 defines "federal
poverty level," article 3 defines "low skilled," article 4 defines
"underemployed," and article 5 defines "unemployed." Section 646.1
describes the Pathway for Academic Career Employment Program otherwise
referred to as PACE in articles 1 through 6. Section 669 outlines the
gall assistance tuition program including why it was established in
article 1, eligibility in article 2, capacity in article 3, conditions
for approval in article 4 and 5, costs in article 6, assessments in
article 7, coordinator in article 8, conditions for maintaining
tuition in article 9, and statewide oversight, evaluation and
reporting in article 10.

JUSTIFICATION: This will seek to help displaced worker transition into
new industries.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the first day of January
next succeeding the date upon which it shall have become a law and
shall; apply to all school years commencing on and after July first of
the year in which it becomes effective.

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

                                  6452

                            I N  S E N A T E

                            January 24, 2014
                               ___________

Introduced  by  Sen.  SMITH  -- 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 establishing the path-
  ways for academic career and employment program and  the  gap  tuition
  assistance program

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

  Section 1. Title 7 of the education law is amended  by  adding  a  new
article 130-A to read as follows:
                               ARTICLE 130-A
           PATHWAYS FOR ACADEMIC CAREER AND EMPLOYMENT PROGRAM
SECTION 6460. DEFINITIONS.
        6461. PATHWAYS FOR ACADEMIC CAREER AND EMPLOYMENT PROGRAM.
  S  6460.  DEFINITIONS. AS USED IN THIS ARTICLE: 1. "DISLOCATED WORKER"
MEANS AN INDIVIDUAL ELIGIBLE FOR SERVICES AND BENEFITS UNDER THE FEDERAL
TRADE ADJUSTMENT ACT OF 2002, P.L. 107-210, WHO:
  A. IS A CITIZEN OR NATIONAL OF THE UNITED STATES, A LAWFULLY  ADMITTED
PERMANENT  RESIDENT  ALIEN, A LAWFULLY ADMITTED REFUGEE OR PAROLEE OR AN
INDIVIDUAL AUTHORIZED BY THE ATTORNEY GENERAL  TO  WORK  IN  THE  UNITED
STATES,  AND WHO IS REGISTERED FOR THE SELECTIVE SERVICE, IF APPLICABLE;
AND
  B. (1) HAS BEEN LAID  OFF  OR  TERMINATED,  IS  ELIGIBLE  FOR  OR  HAS
EXHAUSTED  ENTITLEMENT  TO UNEMPLOYMENT COMPENSATION, AND IS UNLIKELY TO
RETURN TO THE INDIVIDUAL'S PREVIOUS INDUSTRY OR OCCUPATION; OR
  (2) IS IN RECEIPT OF A NOTICE OF LAYOFF OR  TERMINATION  FROM  EMPLOY-
MENT,  WILL  BE  ENTITLED  TO  UNEMPLOYMENT  COMPENSATION AT THE TIME OF
LAYOFF OR TERMINATION, AND IS UNLIKELY TO  RETURN  TO  THE  INDIVIDUAL'S
PREVIOUS INDUSTRY OR OCCUPATION; OR
  (3)  HAS  BEEN  LAID  OFF OR TERMINATED, OR HAS RECEIVED A TERMINATION
NOTICE, HAS BEEN EMPLOYED FOR A DURATION OF TIME TO SUFFICIENTLY  DEMON-
STRATE ATTACHMENT TO THE WORKFORCE, AND IS NOT ELIGIBLE FOR UNEMPLOYMENT
COMPENSATION DUE TO INSUFFICIENT EARNINGS, OR HAS PERFORMED SERVICES FOR
AN  EMPLOYER NOT COVERED UNDER THE UNEMPLOYMENT COMPENSATION LAW, AND IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11627-01-3

S. 6452                             2

UNLIKELY TO RETURN TO THE INDIVIDUAL'S PREVIOUS INDUSTRY OR  OCCUPATION;
OR
  (4)  HAS BEEN LAID OFF OR TERMINATED, OR HAS RECEIVED NOTICE OF LAYOFF
OR TERMINATION, AS A RESULT OF A PERMANENT CLOSURE OF OR ANY SUBSTANTIAL
LAYOFF AT A PLANT, FACILITY OR ENTERPRISE; OR
  (5) WAS FORMERLY SELF-EMPLOYED AND IS UNEMPLOYED FROM THE INDIVIDUAL'S
BUSINESS; OR
  (6) IS A DISPLACED HOMEMAKER WHO HAS BEEN PROVIDING UNPAID SERVICES TO
FAMILY MEMBERS IN THE HOME, HAS BEEN DEPENDENT ON THE INCOME OF  ANOTHER
FAMILY  MEMBER  AND IS NO LONGER SUPPORTED BY THAT INCOME, IS UNEMPLOYED
OR UNDEREMPLOYED, AND IS EXPERIENCING DIFFICULTY IN OBTAINING OR UPGRAD-
ING EMPLOYMENT.
  2. "FEDERAL POVERTY LEVEL" MEANS THE  MOST  RECENTLY  REVISED  POVERTY
INCOME  GUIDELINES  PUBLISHED  BY  THE  FEDERAL DEPARTMENT OF HEALTH AND
HUMAN SERVICES.
  3. "LOW SKILLED" MEANS AN ADULT INDIVIDUAL WHO IS BASIC  SKILLS  DEFI-
CIENT, HAS LOWER LEVEL DIGITAL LITERACY SKILLS, HAS AN EDUCATION BELOW A
HIGH  SCHOOL  DIPLOMA, OR HAS A LOW LEVEL OF EDUCATIONAL ATTAINMENT THAT
INHIBITS THE INDIVIDUAL'S ABILITY TO  COMPETE  FOR  SKILLED  OCCUPATIONS
THAT PROVIDE OPPORTUNITY FOR A SELF-SUFFICIENT WAGE.
  4.  "UNDEREMPLOYED" MEANS AN ADULT INDIVIDUAL WHO IS WORKING LESS THAN
THIRTY HOURS PER WEEK, OR WHO IS EMPLOYED ANY NUMBER OF HOURS  PER  WEEK
IN  A  JOB  THAT IS SUBSTANTIALLY BELOW THE INDIVIDUAL'S SKILL LEVEL AND
THAT DOES NOT LEAD TO SELF-SUFFICIENCY.
  5. "UNEMPLOYED" MEANS AN ADULT INDIVIDUAL WHO IS  INVOLUNTARILY  UNEM-
PLOYED AND IS ACTIVELY ENGAGED IN SEEKING EMPLOYMENT.
  S  6461.  PATHWAYS FOR ACADEMIC CAREER AND EMPLOYMENT PROGRAM. 1.  THE
PATHWAYS FOR ACADEMIC CAREER AND EMPLOYMENT  PROGRAM  (PACE)  IS  HEREBY
ESTABLISHED TO PROVIDE FUNDING TO COMMUNITY COLLEGES FOR THE DEVELOPMENT
OF  PROJECTS THAT WILL LEAD TO GAINFUL, QUALITY, IN-STATE EMPLOYMENT FOR
MEMBERS OF TARGET POPULATIONS BY  PROVIDING  THEM  WITH  BOTH  EFFECTIVE
ACADEMIC  AND  EMPLOYMENT  TRAINING  TO  ENSURE  GAINFUL  EMPLOYMENT AND
CUSTOMIZED SUPPORT SERVICES.
  2. INDIVIDUALS INCLUDED IN TARGET POPULATIONS  ARE  THOSE  INDIVIDUALS
WHO MEET ONE OR MORE OF THE FOLLOWING CRITERIA:
  A.  ARE  DEEMED  TO  BE LOW SKILLED AS DEFINED IN SUBDIVISION THREE OF
SECTION SIXTY-FOUR HUNDRED SIXTY OF THIS ARTICLE.
  B. EARN INCOMES AT OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY
LEVEL.
  C. ARE UNEMPLOYED.
  D. ARE UNDEREMPLOYED.
  E. ARE DISLOCATED WORKERS.
  3. PROJECTS ELIGIBLE FOR FUNDING FOR PACE SHALL BE PROJECTS THAT:
  A. FURTHER THE ABILITY OF MEMBERS  OF  TARGET  POPULATIONS  TO  SECURE
GAINFUL, QUALITY EMPLOYMENT;
  B.  FURTHER  PARTNERSHIPS  LINKING  COMMUNITY COLLEGES TO INDUSTRY AND
NONPROFIT ORGANIZATIONS; AND
  C. FURTHER THE FOLLOWING PROGRAM OUTCOMES:
  (1) ENABLING MEMBERS OF THE TARGET POPULATIONS TO:
  (A) ACQUIRE AND DEMONSTRATE COMPETENCY IN BASIC SKILLS;
  (B) ACQUIRE AND DEMONSTRATE COMPETENCY IN A SPECIFIED TECHNICAL FIELD;
  (C) COMPLETE A SPECIFIED LEVEL OF POSTSECONDARY EDUCATION;
  (D) EARN A NATIONAL CAREER READINESS CERTIFICATE;
  (E) OBTAIN EMPLOYER-VALIDATED CREDENTIALS; AND/OR
  (F) SECURE GAINFUL EMPLOYMENT IN HIGH-QUALITY, LOCAL JOBS; AND
  (2) MEET ECONOMIC AND EMPLOYMENT GOALS INCLUDING BUT NOT LIMITED TO:

S. 6452                             3

  (A) ECONOMIC AND WORKFORCE DEVELOPMENT  REQUIREMENTS  IN  EACH  REGION
SERVED BY THE COMMUNITY COLLEGES; AND
  (B)  NEEDS  OF INDUSTRY PARTNERS IN AREAS INCLUDING BUT NOT LIMITED TO
THE FIELDS OF INFORMATION TECHNOLOGY, HEALTH CARE, ADVANCED  MANUFACTUR-
ING,  TRANSPORTATION AND LOGISTICS, AND ANY OTHER INDUSTRY DESIGNATED AS
IN-DEMAND BY THE COMMISSIONER.
  4. PROGRAM COMPONENTS FOR A PACE PROJECT IMPLEMENTED  AT  A  COMMUNITY
COLLEGE SHALL:
  A.  INCLUDE  MEASURABLE  AND  EFFECTIVE  RECRUITMENT,  ASSESSMENT, AND
REFERRAL ACTIVITIES DESIGNED FOR THE TARGET POPULATIONS;
  B. INTEGRATE BASIC SKILLS AND  WORK-READINESS  TRAINING  WITH  OCCUPA-
TIONAL SKILLS TRAINING;
  C.  COMBINE  CUSTOMIZED  SUPPORTIVE  AND CASE MANAGEMENT SERVICES WITH
TRAINING SERVICES TO HELP PARTICIPANTS OVERCOME BARRIERS TO  EMPLOYMENT;
AND
  D.  PROVIDE  TRAINING SERVICES AT TIMES, LOCATIONS, AND THROUGH MULTI-
PLE, FLEXIBLE MODALITIES THAT ARE EASILY UNDERSTOOD AND READILY ACCESSI-
BLE TO THE TARGET POPULATIONS.    SUCH  MODALITIES  SHALL  SUPPORT  OPEN
ENTRY, INDIVIDUALIZED LEARNING, AND FLEXIBLE SCHEDULING, AND MAY INCLUDE
ONLINE REMEDIATION, LEARNING LAB AND COHORT LEARNING COMMUNITIES, TUTOR-
ING, AND MODULARIZATION.
  5.  EACH  COMMUNITY COLLEGE RECEIVING FUNDING FOR PACE SHALL DEVELOP A
PIPELINE PROGRAM IN ORDER TO BETTER SERVE THE  ACADEMIC,  TRAINING,  AND
EMPLOYMENT  NEEDS  OF  THE  TARGET POPULATIONS. A PIPELINE PROGRAM SHALL
HAVE THE FOLLOWING GOALS:
  A. TO STRENGTHEN PARTNERSHIPS WITH COMMUNITY-BASED  ORGANIZATIONS  AND
INDUSTRY REPRESENTATIVES;
  B.  TO  IMPROVE  AND  SIMPLIFY  THE  IDENTIFICATION,  RECRUITMENT, AND
ASSESSMENT OF QUALIFIED PARTICIPANTS;
  C. TO CONDUCT AND MANAGE AN OUTREACH, RECRUITMENT, AND INTAKE PROCESS,
ALONG WITH ACCOMPANYING SUPPORT SERVICES, REFLECTING SENSITIVITY TO  THE
TIME AND FINANCIAL CONSTRAINTS AND REMEDIATION NEEDS OF THE TARGET POPU-
LATIONS;
  D.  TO  CONDUCT  ORIENTATIONS  FOR  QUALIFIED PARTICIPANTS TO DESCRIBE
REGIONAL LABOR MARKET  OPPORTUNITIES,  EMPLOYER  PARTNERS,  AND  PROGRAM
REQUIREMENTS AND EXPECTATIONS;
  E. TO DESCRIBE THE CONCEPTS OF THE PROJECT IMPLEMENTED WITH FUNDS FROM
PACE  AND  THE  EMBEDDED  EDUCATIONAL  AND  SUPPORT  RESOURCES AVAILABLE
THROUGH SUCH PROJECT;
  F. TO OUTLINE THE BASIC SKILLS PARTICIPANTS WILL  LEARN  AND  DESCRIBE
THE CREDENTIALS PARTICIPANTS WILL EARN;
  G.  TO  DESCRIBE  SUCCESS  MILESTONES  AND  WAYS IN WHICH TEMPORAL AND
INSTRUCTIONAL BARRIERS HAVE BEEN MINIMIZED OR ELIMINATED; AND
  H. TO REVIEW HOW INDIVIDUALIZED AND CUSTOMIZED SERVICE STRATEGIES  FOR
PARTICIPANTS WILL BE DEVELOPED AND PROVIDED.
  6.  EACH  COMMUNITY COLLEGE RECEIVING FUNDING FOR PACE SHALL DEVELOP A
CAREER PATHWAY AND BRIDGE CURRICULUM DEVELOPMENT  PROGRAM  IN  ORDER  TO
BETTER  SERVE THE ACADEMIC, TRAINING, AND EMPLOYMENT NEEDS OF THE TARGET
POPULATIONS. A CAREER PATHWAYS AND BRIDGE CURRICULUM DEVELOPMENT PROGRAM
SHALL HAVE THE FOLLOWING GOALS:
  A. THE ARTICULATION OF COURSES AND MODULES, THE  MAPPING  OF  PROGRAMS
WITHIN  CAREER PATHWAYS, AND THE ESTABLISHMENT OF BRIDGES BETWEEN CREDIT
AND NONCREDIT PROGRAMS;
  B. THE INTEGRATION AND CONTEXTUALIZATION OF BASIC SKILLS EDUCATION AND
SKILLS TRAINING.  THIS PROCESS SHALL PROVIDE FOR  SEAMLESS  PROGRESSIONS
BETWEEN ADULT BASIC EDUCATION AND GENERAL EDUCATION DEVELOPMENT PROGRAMS

S. 6452                             4

AND  CONTINUING  EDUCATION  AND  CREDIT CERTIFICATE, DIPLOMA, AND DEGREE
PROGRAMS; AND
  C.  THE  DEVELOPMENT OF CAREER PATHWAYS THAT SUPPORT THE ATTAINMENT OF
INDUSTRY-RECOGNIZED CREDENTIALS, DIPLOMAS, AND DEGREES  THROUGH  STACKA-
BLE, MODULARIZED PROGRAM DELIVERY.
  S  2.  The  education  law is amended by adding a new section 669-e to
read as follows:
  S 669-E. GAP TUITION ASSISTANCE PROGRAM. 1. THE GAP TUITION ASSISTANCE
PROGRAM IS HEREBY ESTABLISHED TO PROVIDE FUNDING TO  COMMUNITY  COLLEGES
FOR  NEED-BASED  TUITION  ASSISTANCE  TO  ENABLE  APPLICANTS TO COMPLETE
CONTINUING EDUCATION CERTIFICATE TRAINING PROGRAMS FOR IN-DEMAND OCCUPA-
TIONS.
  2. A. ELIGIBILITY FOR TUITION ASSISTANCE SHALL BE BASED  ON  FINANCIAL
NEED.  APPLICANTS  MAY  BE  FOUND  ELIGIBLE FOR PARTIAL OR TOTAL TUITION
ASSISTANCE. TUITION ASSISTANCE SHALL NOT BE APPROVED WHEN THE  COMMUNITY
COLLEGE  RECEIVING THE APPLICATION DETERMINES THAT FUNDING FOR AN APPLI-
CANT'S PARTICIPATION IN AN ELIGIBLE  CERTIFICATE  PROGRAM  IS  AVAILABLE
FROM  ANY  OTHER PUBLIC OR PRIVATE FUNDING SOURCE. CRITERIA TO DETERMINE
FINANCIAL NEED SHALL INCLUDE BUT NOT BE LIMITED TO:
  (1) THE APPLICANT'S FAMILY INCOME FOR THE TWELVE MONTHS PRIOR  TO  THE
DATE OF APPLICATION;
  (2) THE APPLICANT'S FAMILY SIZE; AND
  (3) THE APPLICANT'S COUNTY OF RESIDENCE.
  B.  AN  APPLICANT  FOR  TUITION  ASSISTANCE  UNDER  THIS SECTION SHALL
PROVIDE TO THE GAP  TUITION  ASSISTANCE  COORDINATOR  AT  THE  COMMUNITY
COLLEGE  RECEIVING  THE  APPLICATION  DOCUMENTATION  OF  ALL  SOURCES OF
INCOME.
  C. ELIGIBILITY FOR TUITION ASSISTANCE  UNDER  THIS  CHAPTER  SHALL  BE
LIMITED  TO  INDIVIDUALS EARNING INCOMES AT OR BELOW TWO HUNDRED PERCENT
OF THE FEDERAL POVERTY LEVEL AS DEFINED BY  THE  MOST  RECENTLY  REVISED
POVERTY  INCOME  GUIDELINES PUBLISHED BY THE UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES.
  3. AN APPLICANT FOR TUITION ASSISTANCE UNDER THIS CHAPTER MUST HAVE  A
DEMONSTRATED CAPACITY TO ACHIEVE THE FOLLOWING OUTCOMES:
  A. THE ABILITY TO COMPLETE AN ELIGIBLE CERTIFICATE PROGRAM;
  B.  THE  ABILITY  TO  ENTER  A  POSTSECONDARY CERTIFICATE, DIPLOMA, OR
DEGREE PROGRAM FOR CREDIT;
  C. THE ABILITY TO GAIN FULL-TIME EMPLOYMENT; AND
  D. THE ABILITY TO MAINTAIN FULL-TIME EMPLOYMENT OVER A PERIOD OF TIME.
  4. THE COMMUNITY COLLEGE RECEIVING THE APPLICATION SHALL ONLY  APPROVE
AN  APPLICANT FOR TUITION ASSISTANCE UNDER THIS SECTION IF THE COMMUNITY
COLLEGE DETERMINES THE APPLICANT IS LIKELY TO SUCCEED IN  ACHIEVING  THE
OUTCOMES  DESCRIBED IN SUBDIVISION THREE OF THIS SECTION AFTER CONSIDER-
ING FACTORS INCLUDING BUT NOT LIMITED TO:
  A. BARRIERS THAT MAY PREVENT AN APPLICANT FROM COMPLETING THE  CERTIF-
ICATE PROGRAM; AND
  B.  BARRIERS  THAT MAY PREVENT AN APPLICANT FROM GAINING EMPLOYMENT IN
AN IN-DEMAND OCCUPATION.
  5. A. ONLY AN APPLICANT ELIGIBLE TO WORK IN THE UNITED STATES SHALL BE
APPROVED FOR TUITION ASSISTANCE UNDER THIS CHAPTER.
  B. AN APPLICATION SHALL BE VALID FOR  SIX  MONTHS  FROM  THE  DATE  OF
SIGNATURE ON THE APPLICATION.
  C.  AN  APPLICANT  SHALL  NOT BE APPROVED FOR TUITION ASSISTANCE UNDER
THIS SECTION FOR MORE THAN ONE ELIGIBLE CERTIFICATE PROGRAM.

S. 6452                             5

  D. ELIGIBILITY FOR TUITION ASSISTANCE UNDER THIS CHAPTER SHALL NOT  BE
CONSTRUED  TO  GUARANTEE ENROLLMENT IN ANY COMMUNITY COLLEGE CERTIFICATE
PROGRAM.
  6.  A.  COSTS  OF  A  CERTIFICATE PROGRAM ELIGIBLE FOR COVERAGE BY GAP
TUITION ASSISTANCE SHALL INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
  (1) TUITION;
  (2) DIRECT TRAINING COSTS;
  (3) REQUIRED BOOKS AND EQUIPMENT; AND
  (4) FEES, INCLUDING BUT NOT  LIMITED  TO  FEES  FOR  INDUSTRY  TESTING
SERVICES AND BACKGROUND CHECK TESTING SERVICES.
  B.  FOR  THE  PURPOSES OF THIS CHAPTER, "ELIGIBLE CERTIFICATE PROGRAM"
MEANS A PROGRAM MEETING ALL OF THE FOLLOWING CRITERIA:
  (1) THE PROGRAM IS NOT OFFERED FOR  CREDIT,  BUT  IS  ALIGNED  WITH  A
CERTIFICATE, DIPLOMA, OR DEGREE FOR CREDIT, AND DOES AT LEAST ONE OF THE
FOLLOWING:
  (A) OFFERS A NATIONALLY, LOCALLY, OR STATE-RECOGNIZED CERTIFICATE;
  (B) OFFERS PREPARATION FOR A PROFESSIONAL EXAMINATION OR LICENSURE;
  (C) PROVIDES ENDORSEMENT FOR AN EXISTING CREDENTIAL OR LICENSE;
  (D)  REPRESENTS  RECOGNIZED  SKILL  STANDARDS DEFINED BY AN INDUSTRIAL
SECTOR; OR
  (E) OFFERS A SIMILAR CREDENTIAL OR TRAINING  IN  CONNECTION  WITH  THE
PATHWAYS FOR ACADEMIC CAREER AND EMPLOYMENT PROGRAM ESTABLISHED PURSUANT
TO SECTION SIXTY-FOUR HUNDRED SIXTY-ONE OF THIS CHAPTER; AND
  (2)  THE PROGRAM OFFERS TRAINING OR A CREDENTIAL IN AN IN-DEMAND OCCU-
PATION.  FOR  THE  PURPOSES  OF  THIS  CHAPTER,  "IN-DEMAND  OCCUPATION"
INCLUDES  OCCUPATIONS  IN  INFORMATION TECHNOLOGY, HEALTH CARE, ADVANCED
MANUFACTURING, TRANSPORTATION AND  LOGISTICS,  AND  ANY  OTHER  INDUSTRY
DESIGNATED AS IN-DEMAND BY THE COMMISSIONER.
  7.  AN  ELIGIBLE  APPLICANT  FOR TUITION ASSISTANCE UNDER THIS SECTION
SHALL COMPLETE AN  INITIAL  ASSESSMENT  ADMINISTERED  BY  THE  COMMUNITY
COLLEGE RECEIVING THE APPLICATION TO DETERMINE THE APPLICANT'S READINESS
TO  COMPLETE  AN  ELIGIBLE  CERTIFICATE  PROGRAM.  THE  ASSESSMENT SHALL
INCLUDE ASSESSMENTS  FOR  COMPLETION  OF  A  NATIONAL  CAREER  READINESS
CERTIFICATE,  INCLUDING  THE  AREAS  OF READING FOR INFORMATION, APPLIED
MATHEMATICS, AND LOCATING INFORMATION.  AN  APPLICANT  MUST  ACHIEVE  AT
LEAST  A  NATIONAL  BRONZE-LEVEL CERTIFICATE, DEFINED AS A MINIMUM LEVEL
THREE FOR READING, MATH,  AND  LOCATING  INFORMATION,  IN  ORDER  TO  BE
APPROVED  FOR  TUITION ASSISTANCE. AN APPLICANT SHALL COMPLETE ANY ADDI-
TIONAL ASSESSMENTS AND OCCUPATIONAL RESEARCH REQUIRED  BY  THE  PATHWAYS
FOR  ACADEMIC  CAREER  AND  EMPLOYMENT  PROGRAM  ESTABLISHED PURSUANT TO
SECTION SIXTY-FOUR HUNDRED SIXTY-ONE OF  THIS  CHAPTER  OR  AN  ELIGIBLE
CERTIFICATE PROGRAM, OR BOTH.
  8.  AN  ELIGIBLE  APPLICANT  FOR TUITION ASSISTANCE UNDER THIS SECTION
SHALL MEET WITH THE GAP TUITION ASSISTANCE COORDINATOR FOR  AN  ELIGIBLE
CERTIFICATE  PROGRAM  OFFERED  BY  THE  COMMUNITY  COLLEGE RECEIVING THE
APPLICATION. THE GAP TUITION ASSISTANCE COORDINATOR  SHALL  DISCUSS  THE
RELEVANT  INDUSTRY, ANY APPLICABLE OCCUPATIONAL RESEARCH, AND ANY APPLI-
CABLE  TRAINING  RELATING  TO  THE  ELIGIBLE  CERTIFICATE  PROGRAM.  THE
DISCUSSION  SHALL INCLUDE AN EVALUATION OF THE APPLICANT'S CAPABILITIES,
NEEDS, FAMILY SITUATION, WORK HISTORY, EDUCATIONAL BACKGROUND,  ATTITUDE
AND  MOTIVATION, EMPLOYMENT SKILLS, VOCATIONAL POTENTIAL, AND EMPLOYMENT
BARRIERS. THE DISCUSSION  SHALL  ALSO  INCLUDE  POTENTIAL  START  DATES,
SUPPORT  NEEDS,  AND  OTHER  REQUIREMENTS  FOR  AN  ELIGIBLE CERTIFICATE
PROGRAM.

S. 6452                             6

  9. A. A PARTICIPANT IN AN ELIGIBLE CERTIFICATE  PROGRAM  WHO  RECEIVES
TUITION  ASSISTANCE PURSUANT TO THIS CHAPTER SHALL DO ALL OF THE FOLLOW-
ING:
  (1)  MAINTAIN  REGULAR  CONTACT WITH STAFF MEMBERS FOR THE CERTIFICATE
PROGRAM TO DOCUMENT THE APPLICANT'S PROGRESS IN THE PROGRAM;
  (2) SIGN A RELEASE FORM TO PROVIDE RELEVANT INFORMATION  TO  COMMUNITY
COLLEGE FACULTY OR CASE MANAGERS;
  (3)  DISCUSS WITH STAFF MEMBERS FOR THE CERTIFICATE PROGRAM ANY ISSUES
THAT MAY IMPACT THE PARTICIPANT'S ABILITY TO  COMPLETE  THE  CERTIFICATE
PROGRAM,  OBTAIN  EMPLOYMENT,  AND  MAINTAIN EMPLOYMENT OVER A PERIOD OF
TIME;
  (4) ATTEND ALL REQUIRED COURSES REGULARLY; AND
  (5) MEET WITH STAFF MEMBERS FOR THE CERTIFICATE PROGRAM TO  DEVELOP  A
JOB SEARCH PLAN.
  B.  A COMMUNITY COLLEGE MAY TERMINATE TUITION ASSISTANCE FOR A PARTIC-
IPANT WHO FAILS TO MEET THE REQUIREMENTS OF THIS RULE.  THE  PROCESS  TO
APPEAL  A  TERMINATION WILL BE PROVIDED TO A PARTICIPANT THROUGH THE GAP
TUITION ASSISTANCE COORDINATOR.
  10. A. STATEWIDE OVERSIGHT, EVALUATION, AND REPORTING EFFORTS FOR  THE
GAP TUITION ASSISTANCE PROGRAM SHALL BE COORDINATED BY THE DEPARTMENT.
  B.  A STEERING COMMITTEE, CONSISTING OF THE COMMISSIONER, THE REGENTS,
AND COMMUNITY COLLEGE  CONTINUING  EDUCATION  DEANS  AND  DIRECTORS,  IS
ESTABLISHED  TO DETERMINE IF THE PERFORMANCE MEASURES OF THE GAP TUITION
ASSISTANCE PROGRAM ARE BEING MET AND TO CORRECT  ANY  DEFICIENCIES.  THE
STEERING COMMITTEE SHALL MEET AT LEAST QUARTERLY TO EVALUATE AND MONITOR
THE PERFORMANCE OF THE GAP TUITION ASSISTANCE PROGRAM.
  C.  A  COMMON INTAKE TRACKING SYSTEM SHALL BE ESTABLISHED TO BE IMPLE-
MENTED CONSISTENTLY BY EACH PARTICIPATING COMMUNITY COLLEGE. THE  COMMU-
NITY COLLEGES WILL WORK COOPERATIVELY IN ESTABLISHING THE SYSTEM AND THE
DEPARTMENT  WILL  ASSIST  IN  GATHERING REQUIRED REPORTING DATA ELEMENTS
THROUGH THE COMMUNITY COLLEGE MANAGEMENT INFORMATION SYSTEM (MIS).
  D. THE STEERING COMMITTEE WILL DEVELOP THE REQUIRED  PROGRAM  CRITERIA
FOR  PATHWAYS FOR ACADEMIC CAREER AND EMPLOYMENT PROGRAM AND GAP TUITION
ASSISTANCE-CERTIFIED PROGRAMS TO BE ELIGIBLE FOR TUITION ASSISTANCE  AND
PROGRAM  FUNDING.   THESE CRITERIA WILL BE DEVELOPED BASED ON BEST PRAC-
TICES IN THE DEVELOPMENT AND DELIVERY OF CAREER  PATHWAY  PROGRAMS  THAT
PROVIDE A CLEAR SEQUENCE OF EDUCATION COURSEWORK AND CREDENTIALS ALIGNED
WITH  REGIONAL  WORKFORCE SKILL NEEDS; CLEARLY ARTICULATE FROM ONE LEVEL
OF INSTRUCTION TO THE NEXT; COMBINE  OCCUPATIONAL  SKILLS  AND  REMEDIAL
ADULT  EDUCATION;  LEAD  TO  THE  ATTAINMENT  OF A CREDENTIAL OR DEGREE;
ASSIST WITH JOB PLACEMENT; AND PROVIDE WRAP-AROUND SOCIAL AND  SOCIOECO-
NOMIC  SUPPORT  SERVICES  WITH  THE  GOAL OF INCREASING THE INDIVIDUAL'S
SKILLS ATTAINMENT AND EMPLOYMENT POTENTIAL.
  S 3. The commissioner of education  shall  promulgate  all  rules  and
regulations  he  or  she  deems necessary to implement the provisions of
this act on or before its effective date.
  S 4. This act shall take effect on  the  first  day  of  January  next
succeeding  the  date  upon  which  it shall have become a law and shall
apply to all school years commencing on and after July first of the year
in which it becomes effective.

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