S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4069
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred 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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08075-01-7

 A. 4069                             2
 
 COMPENSATION DUE TO INSUFFICIENT EARNINGS, OR HAS PERFORMED SERVICES FOR
 AN  EMPLOYER NOT COVERED UNDER THE UNEMPLOYMENT COMPENSATION LAW, AND IS
 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.
   §  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

 A. 4069                             3
 
   (F) SECURE GAINFUL EMPLOYMENT IN HIGH-QUALITY, LOCAL JOBS; AND
   (2) MEET ECONOMIC AND EMPLOYMENT GOALS INCLUDING BUT NOT LIMITED TO:
   (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;

 A. 4069                             4
 
   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
 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.
   §  2.  The  education  law is amended by adding a new section 669-h to
 read as follows:
   § 669-H. 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.

 A. 4069                             5
 
   C.  AN  APPLICANT  SHALL  NOT BE APPROVED FOR TUITION ASSISTANCE UNDER
 THIS SECTION FOR MORE THAN ONE ELIGIBLE CERTIFICATE PROGRAM.
   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.

 A. 4069                             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.
   § 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.
   § 4. This act shall take effect on the first of January next  succeed-
 ing  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.