S T A T E   O F   N E W   Y O R K
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                                 9254--A

                          I N  A S S E M B L Y

                            February 5, 2016
                               ___________

Introduced  by  M.  of  A. BICHOTTE, SEAWRIGHT, CERETTO, MOSLEY, WALKER,
  HOOPER -- Multi-Sponsored by -- M. of A. LENTOL, SIMON  --  read  once
  and  referred  to  the  Committee  on  Higher  Education  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation to the  establishment  of
  the  New  York  promise  program for community colleges; and making an
  appropriation therefor

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

  Section 1. Article 126 of the education law is amended by adding a new
section 6311 to read as follows:
  S  6311.  NEW YORK PROMISE PROGRAM.  1. ESTABLISHMENT. THERE IS HEREBY
ESTABLISHED THE NEW YORK PROMISE PROGRAM FOR COMMUNITY COLLEGES.
  2. ADMINISTRATION. THE DEPARTMENT SHALL ADMINISTER THE NEW YORK  PROM-
ISE  PROGRAM  AS  PROVIDED  FOR IN THIS SECTION. SUBJECT TO SUBDIVISIONS
FIVE AND SIX OF THIS SECTION, THE DEPARTMENT SHALL PROVIDE A  WAIVER  OF
TUITION FOR COMMUNITY COLLEGE COURSES TO A PERSON WHO MEETS THE CRITERIA
DESCRIBED  IN  SUBDIVISIONS  THREE AND FOUR OF THIS SECTION. SUCH WAIVER
SHALL BE A GRANT AND LIMITED AS PROVIDED IN SUBDIVISIONS FIVE AND SIX OF
THIS SECTION.
  3. ELIGIBILITY. A GRANT SHALL BE  AWARDED  UNDER  THIS  SECTION  TO  A
PERSON WHO:
  (A) IS ENROLLED IN COURSES THAT ARE:
  (I) OFFERED AT A COMMUNITY COLLEGE IN THIS STATE; AND
  (II) DETERMINED BY THE DEPARTMENT, TO BE REQUIRED FOR COMPLETION OF:
  (1) A ONE-YEAR CURRICULUM FOR STUDENTS WHO PLAN TO TRANSFER TO ANOTHER
POST-SECONDARY INSTITUTION OF EDUCATION;
  (2) AN ASSOCIATE'S DEGREE; OR
  (3) A PROGRAM IN CAREER AND TECHNICAL EDUCATION.
  (B) HAS BEEN A RESIDENT OF THIS STATE FOR AT LEAST TWELVE MONTHS PRIOR
TO  ENROLLING IN THE COURSES DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVI-
SION;
  (C) ATTAINED THEIR HIGHEST LEVEL OF EDUCATION IN THIS STATE PRIOR TO:

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

                                                           LBD13908-04-6

A. 9254--A                          2

  (I) RECEIVING A HIGH SCHOOL DIPLOMA; OR
  (II) RECEIVING A GENERAL EDUCATIONAL DEVELOPMENT CERTIFICATE.
  (D)  ATTAINED  THEIR  HIGHEST LEVEL OF EDUCATION AS DESCRIBED IN PARA-
GRAPH (C) OF THIS SUBDIVISION WITHIN SIX MONTHS FROM THE DATE THE PERSON
FIRST ENROLLS IN COURSES DESCRIBED IN PARAGRAPH (A) OF THIS  SUBDIVISION
FOR THE PURPOSE OF RECEIVING A GRANT UNDER THIS SECTION;
  (E)  EARNED  A CUMULATIVE GRADE POINT AVERAGE OF 2.5 OR BETTER IN HIGH
SCHOOL OR OTHERWISE DEMONSTRATED  AN  EQUIVALENT  ACADEMIC  ABILITY,  AS
DETERMINED BY THE DEPARTMENT;
  (F)  COMPLETED  AND SUBMITTED THE FREE APPLICATION FOR FEDERAL STUDENT
AID (FAFSA) FOR EACH ACADEMIC YEAR AND ACCEPTED ALL  STATE  AND  FEDERAL
AID GRANTS AVAILABLE, IF ELIGIBLE TO FILE THE APPLICATION; AND
  (G) HAS NOT COMPLETED EITHER OF THE FOLLOWING:
  (I)  MORE THAN A TOTAL OF NINETY CREDIT HOURS, OR THE EQUIVALENT, AT A
POST-SECONDARY INSTITUTION OF EDUCATION; OR
  (II) A CURRICULUM, DEGREE OR PROGRAM,  AS  DESCRIBED  IN  SUBPARAGRAPH
(II) OF PARAGRAPH (A) OF THIS SUBDIVISION.
  4. CONTINUED ELIGIBILITY. (A) A PERSON CONTINUES TO REMAIN ELIGIBLE TO
RECEIVE  A GRANT UNDER THIS SECTION IF THE PERSON, IN ADDITION TO SATIS-
FYING THE CRITERIA DESCRIBED IN SUBDIVISION THREE OF THIS SECTION:
  (I) MAINTAINS A CUMULATIVE GRADE POINT AVERAGE OF 2.5 OR BETTER DURING
EACH TERM FOR WHICH SUCH PERSON HAS RECEIVED A GRANT UNDER THIS SECTION;
  (II) MAKES SATISFACTORY PROGRESS TOWARDS A ONE-YEAR CURRICULUM, DEGREE
OR PROGRAM, AS DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDI-
VISION THREE OF THIS SECTION, AS DETERMINED BY THE DEPARTMENT; AND
  (III) ENROLLS IN COURSES DESCRIBED IN  PARAGRAPH  (A)  OF  SUBDIVISION
THREE  OF  THIS  SECTION  FOR  A SUFFICIENT NUMBER OF CREDIT HOURS TO BE
CONSIDERED AT LEAST A HALF-TIME STUDENT EACH TERM  FOR  AT  LEAST  THREE
TERMS IN EACH CONSECUTIVE YEAR.
  (B)  A PERSON WHO FAILS TO MAINTAIN THE CUMULATIVE GRADE POINT AVERAGE
SPECIFIED IN SUBPARAGRAPH (I)  OF  PARAGRAPH  (A)  OF  THIS  SUBDIVISION
BECOMES  INELIGIBLE  TO  RECEIVE A GRANT UNDER THIS SECTION FOR THE TERM
AFTER WHICH THE PERSON FAILS TO  MAINTAIN  THE  CUMULATIVE  GRADE  POINT
AVERAGE, UNLESS THE ELIGIBILITY REQUIREMENT OF SUBPARAGRAPH (I) OF PARA-
GRAPH (A) OF THIS SUBDIVISION IS WAIVED BY THE DEPARTMENT.
  5.  AWARDS. (A) THE TOTAL AMOUNT OF A GRANT AWARDED UNDER THIS SECTION
SHALL BE BASED ON EACH  TERM  THAT  A  PERSON  IS  ENROLLED  IN  COURSES
DESCRIBED  IN PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION.  AFTER
THE AMOUNT OF TUITION FOR THE PERSON FOR THE TERM IS  REDUCED  BY  FIFTY
DOLLARS,  TO  BE PAID BY THE PERSON, AND REDUCED BY ANY AMOUNTS RECEIVED
BY THE PERSON IN STATE AND FEDERAL  AID  GRANTS,  THE  PERSON  SHALL  BE
ELIGIBLE FOR A GRANT UNDER THIS SECTION IN AN AMOUNT THAT EQUALS:
  (I)  EXCEPT  AS  PROVIDED  IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, NOT
LESS THAN THE GREATER OF:
  (1) ONE THOUSAND DOLLARS; AND
  (2) THE PERSON'S ACTUAL COST OF TUITION.
  (II) NOT MORE THAN THE LESSER OF:
  (1) THE AVERAGE COST OF TUITION AT A COMMUNITY COLLEGE IN THIS  STATE,
AS DETERMINED BY THE DEPARTMENT; AND
  (2) THE PERSON'S ACTUAL COST FOR TUITION.
  (B)  THE  MINIMUM AMOUNT OF A GRANT, AS CALCULATED UNDER PARAGRAPH (A)
OF THIS SUBDIVISION, MAY BE PRORATED FOR A PERSON  WHO  IS  ENROLLED  IN
COURSES  DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION
FOR A SUFFICIENT NUMBER OF CREDIT HOURS TO  BE  CONSIDERED  AT  LEAST  A
HALF-TIME STUDENT BUT NOT A FULL-TIME STUDENT.

A. 9254--A                          3

  (C)  THE  DEPARTMENT  MAY  PRESCRIBE  BY RULE OR REGULATION WHETHER TO
INCLUDE FEES, AND ANY LIMITATIONS RELATED TO THE INCLUSION OF FEES, WHEN
DETERMINING THE ACTUAL COST OF TUITION OR THE AVERAGE  COST  OF  TUITION
UNDER THIS SUBDIVISION.
  6.  TOTAL  GRANT AMOUNT. THE TOTAL AMOUNT IN GRANTS AWARDED UNDER THIS
SECTION BY THE DEPARTMENT MAY NOT EXCEED TEN MILLION DOLLARS PER  FISCAL
YEAR,  OR  ANY LESSER AMOUNT AVAILABLE TO THE DEPARTMENT FOR THE PURPOSE
OF THIS SECTION. THE DEPARTMENT MAY ADOPT  BY  RULE  OR  REGULATION  THE
PRIORITY  BY WHICH GRANTS ARE AWARDED, WHICH MAY ALLOW FOR PREFERENCE TO
BE GIVEN TO PERSONS ENROLLED IN SCHOOL DISTRICTS OR  HIGH  SCHOOLS  THAT
MEET SPECIFIED CRITERIA.
  7.  RULES  AND  REGULATIONS.  THE DEPARTMENT SHALL ADOPT ANY RULES AND
REGULATIONS NECESSARY FOR THE ADMINISTRATION OF THIS  SECTION  INCLUDING
ANY REQUIREMENTS RELATED TO:
  (A)  SPECIFYING  THE  FORM AND TIMELINES FOR SUBMITTING AN APPLICATION
FOR A GRANT UNDER THIS SECTION;
  (B) DETERMINING WHETHER A PERSON IS ELIGIBLE FOR A  GRANT  UNDER  THIS
SECTION, INCLUDING WHETHER THE PERSON SHALL BE GIVEN PRIORITY AS ALLOWED
UNDER SUBDIVISION SIX OF THIS SECTION;
  (C)  IMPLEMENTING  PROGRAMS  OR  POLICIES  THAT  IMPROVE  THE ACADEMIC
SUCCESS OR COMPLETION RATES FOR PERSONS WHO RECEIVE A GRANT  UNDER  THIS
SECTION;
  (D)  PRESCRIBING  ELIGIBILITY  REQUIREMENTS AND GRANT CALCULATIONS FOR
PERSONS DUALLY ENROLLED IN A COMMUNITY COLLEGE AND A PUBLIC  UNIVERSITY;
AND
  (E)  EVALUATING  THE  IMPACT  OF  THE  PROGRAM  ESTABLISHED UNDER THIS
SECTION, INCLUDING ANY REQUIREMENTS FOR REPORTING DATA NEEDED FOR EVALU-
ATION.
  8. NO LATER THAN DECEMBER THIRTY-FIRST OF EACH EVEN-NUMBERED YEAR, THE
DEPARTMENT SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE
SENATE  AND  THE  SPEAKER  OF  THE ASSEMBLY A REPORT THAT SUMMARIZES THE
DEPARTMENT'S FINDINGS ON THE IMPACT OF  THE  PROGRAM  ESTABLISHED  UNDER
THIS SECTION.  SUCH REPORT SHALL INCLUDE:
  (A)  STUDENT  COMPLETION  RATES  OF  CURRICULA,  DEGREES  AND PROGRAMS
DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION THREE  OF
THIS SECTION;
  (B)  THE AMOUNT OF FEDERAL AID GRANTS RECEIVED BY PERSONS WHO RECEIVED
A GRANT UNDER THIS SECTION;
  (C) THE FINANCIAL IMPACT OF THE PROGRAM ON SCHOOL DISTRICTS  THAT  HAD
STUDENTS RECEIVE A GRANT UNDER THIS SECTION;
  (D)  THE  FINANCIAL  AND ENROLLMENT IMPACT OF THE PROGRAM ON COMMUNITY
COLLEGES AND PUBLIC UNIVERSITIES IN THIS STATE; AND
  (E) THE OVERALL SUCCESS RATE OF THIS PROGRAM AND FINANCIAL  IMPACT  OF
THE PROGRAM.
  S  2.  The  sum  of  ten million dollars ($ 10,000,000.00), or so much
thereof as may be necessary, is hereby appropriated to the department of
education from any moneys in the state treasury in the general  fund  to
the credit of the department of education not otherwise appropriated for
services  and  expenses  of  the  New York State Promise Program for the
purposes of carrying out the provisions of this act. Such sum  shall  be
payable  on  the  audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner  of  education,  or  his  duly
designated  representative in the manner provided by law. No expenditure
shall be made from this appropriation until a certificate of approval of
availability shall have been issued by the director of  the  budget  and
filed  with  the state comptroller and a copy filed with the chairman of

A. 9254--A                          4

the senate finance committee and the chairman of the assembly  ways  and
means  committee.  Such  certificate may be amended from time to time by
the director of the budget and a copy of each such  amendment  shall  be
filed  with  the  state  comptroller, the chairman of the senate finance
committee and the chairman of the assembly ways and means committee.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law and apply to courses enrolled in beginning in
the 2016-2017 academic year.