S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6087
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- 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  the  early
   college  high  school  program  and  the  pathways in technology early
   college high school program in this 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 the New York state  early
 college high school program and the New York state pathways in technolo-
 gy  early  college  high  school  program (P-TECH program) in this state
 which provide various students, including those traditionally  underrep-
 resented  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, and for P-TECH programs, career training and employment in  a
 highly skilled job upon completion of the program.
   The  early  college  high  school program not only increases students'
 access to  higher  education,  but  also  reduces  potential  costs  for
 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 an associate's or 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  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, especially for academically at-risk
 students.
   The P-TECH program, through  a  public-private  partnership,  prepares
 thousands  of  New  York  students  for high-skill jobs of the future in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11589-01-7

 S. 6087                             2
 
 technology, manufacturing, healthcare and finance.  The  P-TECH  program
 provides  students  with  a rigorous, relevant and cost-free high school
 and college education and a workplace learning environment with  ongoing
 mentoring by professionals in the chosen career sector to better prepare
 these  students  for successful careers. Students also receive a commit-
 ment from the participating employer to be first in line  for  consider-
 ation  for  a  job following completion of the program. Ultimately, this
 program increases graduation rates both at the high school  and  college
 levels  and provides essential career training for academically at-risk,
 disadvantaged students, which at the completion  of  the  program  leads
 these students to a skilled job.
   The  legislature  hereby  finds  and  declares it necessary to provide
 funding for these programs to ensure that they continue in operation and
 continue to provide students with these valuable services.
   The legislature also finds and declares it necessary to provide  addi-
 tional  funding  for  the  state  education department to administer and
 evaluate these critical programs. These funds will support program staff
 to supplement the oversight already being provided  to  these  programs,
 and  ensure  the timely and accurate analysis of data to further enhance
 and validate these programs.
   § 2. The education law is amended by adding a new section 6457 to read
 as follows:
   § 6457. GRANT AWARDS FOR NEW YORK  STATE  EARLY  COLLEGE  HIGH  SCHOOL
 PROGRAMS.  1.  SUBJECT TO AN APPROPRIATION, THE COMMISSIONER SHALL ALLO-
 CATE FUNDS AVAILABLE FOR EARLY COLLEGE  HIGH  SCHOOL  PROGRAMS  FOR  THE
 PURPOSES  OF  INCREASING  HIGH  SCHOOL GRADUATION RATES FOR ACADEMICALLY
 AT-RISK, DISADVANTAGED AND/OR ECONOMICALLY DISADVANTAGED STUDENTS AND TO
 INCREASE THEIR  PARTICIPATION  IN  POST-SECONDARY  EDUCATION  THROUGH  A
 NETWORK OF EARLY COLLEGE HIGH SCHOOL PARTNERSHIPS IN THE STATE.
   2. FOR THE PURPOSES OF THIS SECTION:
   A.  "APPROVED  EARLY COLLEGE HIGH SCHOOL PROGRAM" MEANS A FORMAL PART-
 NERSHIP BETWEEN A SCHOOL DISTRICT AND AT LEAST ONE INSTITUTION OF HIGHER
 EDUCATION, APPROVED BY THE COMMISSIONER IN  ACCORDANCE  WITH  THE  REGU-
 LATIONS OF THE COMMISSIONER AND THE REQUEST FOR PROPOSALS PROCESS, WHICH
 PROVIDES  ELIGIBLE  STUDENTS  ENROLLED  IN SUCH PROGRAM WITH HIGH SCHOOL
 COURSES LEADING TO THE GRANTING OF A HIGH SCHOOL  DIPLOMA  AND  COLLEGE-
 LEVEL  COURSES  LEADING  TO THE GRANTING OF AT LEAST TWENTY-FOUR COLLEGE
 CREDITS AND UP TO A POST-SECONDARY DEGREE  OR  DIPLOMA  FROM  A  PARTNER
 INSTITUTION  OF  HIGHER EDUCATION AT NO COST TO THE STUDENT OR STUDENT'S
 FAMILY.
   B. "EARLY COLLEGE HIGH SCHOOL" MEANS A PUBLIC HIGH SCHOOL THAT  OFFERS
 AN APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAM TO ITS STUDENTS;
   C. "ELIGIBLE APPLICANT" MEANS A NEW YORK STATE SCHOOL DISTRICT WITH AN
 APPROVED  EARLY  COLLEGE  HIGH SCHOOL PROGRAM WHICH PARTNERS WITH A NOT-
 FOR-PROFIT HIGHER EDUCATION INSTITUTION TO OFFER  COLLEGE-LEVEL  COURSES
 LEADING  TO  THE GRANTING OF AT LEAST TWENTY-FOUR COLLEGE CREDITS AND UP
 TO A POST-SECONDARY DEGREE OR DIPLOMA, OR A NOT-FOR-PROFIT HIGHER EDUCA-
 TION INSTITUTION REGISTERED WITH THE DEPARTMENT WHICH  PARTNERS  WITH  A
 NEW  YORK  STATE SCHOOL DISTRICT TO OFFER AN APPROVED EARLY COLLEGE HIGH
 SCHOOL PROGRAM;
   D. "ELIGIBLE STUDENT" MEANS A STUDENT WHO:
   (I) IS A RESIDENT OF THE SCHOOL DISTRICT IN WHICH  THE  EARLY  COLLEGE
 HIGH SCHOOL IS LOCATED AND IS ENROLLED IN SUCH SCHOOL DISTRICT; AND
   (II)  IS  REGISTERED TO ATTEND SUCH HIGH SCHOOL FOR THE ACADEMIC YEARS
 FOR WHICH THE GRANT AWARD IS BEING SOUGHT.

 S. 6087                             3
 
   3. MONIES MADE AVAILABLE UNDER THIS SECTION SHALL  BE  SPENT  FOR  THE
 FOLLOWING  PURPOSES  AS  FURTHER  PRESCRIBED  BY THE COMMISSIONER IN THE
 REQUEST FOR PROPOSALS PROCESS:
   A.  TO  PROVIDE  ADDITIONAL STAFFING FOR THE EARLY COLLEGE HIGH SCHOOL
 PROGRAM, INCLUDING A PROGRAM DIRECTOR AND COLLEGE LIAISON;
   B. STUDENT RECRUITMENT ACTIVITIES;
   C. TO PROVIDE PROFESSIONAL DEVELOPMENT TO PROMOTE  THE  EARLY  COLLEGE
 HIGH  SCHOOL  PROGRAM,  INCLUDING  CROSS-CURRICULUM  DEVELOPMENT BETWEEN
 SECONDARY AND POST-SECONDARY EDUCATION  PARTNERS  TO  ENSURE  CURRICULUM
 ALIGNMENT  THAT  PREPARES  STUDENTS  TO SUCCEED IN COLLEGE LEVEL COURSES
 WHILE IN HIGH SCHOOL;
   D. ACADEMIC AND SOCIAL SUPPORT SERVICES TO PROMOTE  COLLEGE  READINESS
 AND A COLLEGE-GOING CULTURE;
   E.  TRANSPORTATION  FOR  STUDENTS  TO  TAKE COURSES AND PARTICIPATE IN
 ACTIVITIES AT THE PARTNER CAMPUS OF THE HIGHER EDUCATION PARTNER; AND
   F. TUITION, BOOKS AND FEES; PROVIDED HOWEVER THAT  TUITION  REIMBURSE-
 MENT  SHALL  ONLY  BE ALLOWABLE FOR NON-REMEDIAL, CREDIT-BEARING COLLEGE
 COURSES.
   4. THE COMMISSIONER SHALL MAKE AWARDS TO ELIGIBLE  APPLICANTS  FOR  AN
 APPROVED EARLY COLLEGE HIGH SCHOOL PROGRAM THROUGH A COMPETITIVE REQUEST
 FOR  PROPOSALS  PROCESS. THE FUNDING CYCLE FOR THIS PROGRAM SHALL BE FOR
 FIVE YEARS COMMENCING WITH THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINE-
 TEEN ACADEMIC YEAR, WITH A NEW GRANT CYCLE COMMENCING EVERY FIVE  YEARS.
 THE  PROGRAM CYCLE SHALL BE SEPTEMBER FIRST TO AUGUST THIRTY-FIRST ANNU-
 ALLY.
   A. THE COMMISSIONER SHALL PRIORITIZE PARTNERSHIPS THAT DEMONSTRATE THE
 WILLINGNESS AND CAPACITY TO SERVE STUDENTS WHO HAVE BEEN  IDENTIFIED  AS
 ECONOMICALLY  DISADVANTAGED AND/OR ACADEMICALLY AT-RISK FOR NOT SUCCESS-
 FULLY COMPLETING HIGH SCHOOL  OR  NOT  ENROLLING  IN  OR  SUCCEEDING  IN
 COLLEGE.
   B.  PRIORITY SHALL ALSO BE GIVEN TO EARLY COLLEGE HIGH SCHOOL PROGRAMS
 THAT WERE FUNDED BY THE DEPARTMENT UNDER A PRIOR REQUEST  FOR  PROPOSALS
 PROCESS,  BASED  UPON  DEMONSTRATION  OF  SUCCESSFUL STUDENT OUTCOMES AS
 DETERMINED BY THE COMMISSIONER IN REGULATIONS.
   5. ELIGIBLE INSTITUTIONS SHALL FILE AN APPLICATION FOR APPROVAL BY THE
 COMMISSIONER IN A TIMEFRAME AND MANNER PRESCRIBED BY  THE  COMMISSIONER,
 DEMONSTRATING  A  NEED FOR SUCH FUNDING, INCLUDING HOW THE FUNDING WOULD
 BE USED AND HOW MANY STUDENTS  WOULD  BE  ASSISTED  WITH  SUCH  FUNDING.
 SUCCESSFUL  APPLICANTS WILL BE FUNDED AS PROVIDED IN ACCORDANCE WITH THE
 REQUEST FOR PROPOSALS PROCESS.
   6. NO FUNDS PURSUANT TO  THIS  SECTION  SHALL  BE  MADE  AVAILABLE  TO
 SUPPORT  THE  REGULAR ACADEMIC PROGRAMS OF ANY INSTITUTION PARTICIPATING
 IN THIS PROGRAM, NOR SHALL FUNDS BE  PROVIDED  FOR  PROGRAMS  WHICH  ARE
 INCOMPATIBLE  WITH THE REGENTS PLAN FOR THE EXPANSION AND DEVELOPMENT OF
 HIGHER EDUCATION IN THIS STATE.
   § 3. The education law is amended by adding a new section 6458 to read
 as follows:
   § 6458. GRANT AWARDS FOR PATHWAYS IN  TECHNOLOGY  EARLY  COLLEGE  HIGH
 SCHOOL  (P-TECH)  PROGRAMS.  1. SUBJECT TO AN APPROPRIATION, THE COMMIS-
 SIONER SHALL ALLOCATE THE FUNDS AVAILABLE FOR P-TECH  PROGRAMS  FOR  THE
 PURPOSES  OF PREPARING ELIGIBLE ACADEMICALLY AT-RISK AND/OR ECONOMICALLY
 DISADVANTAGED STUDENTS FOR HIGH-SKILL JOBS INCLUDING, BUT NOT LIMITED TO
 THOSE IN SCIENCE, TECHNOLOGY, ENGINEERING, MANUFACTURING, HEALTHCARE AND
 FINANCE THROUGH A SIX-YEAR ACADEMIC PROGRAM THAT COMBINES  HIGH  SCHOOL,
 COLLEGE AND CAREER TRAINING.
   2. FOR THE PURPOSES OF THIS SECTION:

 S. 6087                             4
 
   A. "APPROVED PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH SCHOOL (P-TECH)
 PROGRAM"  MEANS A NEW YORK STATE P-TECH PROGRAM, APPROVED BY THE COMMIS-
 SIONER IN ACCORDANCE WITH THE REGULATIONS OF THE  COMMISSIONER  AND  THE
 REQUEST FOR PROPOSALS PROCESS, WHICH PROVIDES ELIGIBLE STUDENTS ENROLLED
 IN  SUCH  PROGRAM  WITH HIGH SCHOOL COURSES LEADING TO THE GRANTING 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 CAREER TRAINING WITH AN ELIGIBLE PARTNERING EMPLOYER;
   B.  "ELIGIBLE APPLICANT" MEANS A NEW YORK STATE SCHOOL DISTRICT, WHICH
 MUST SERVE AS THE FISCAL AGENT. THE ELIGIBLE APPLICANT MAY WORK IN COOP-
 ERATION WITH OTHER SCHOOL DISTRICTS, A BOARD OF COOPERATIVE  EDUCATIONAL
 SERVICES,  OR  ANY COMBINATION OF THESE ENTITIES WITH A PARTNERSHIP THAT
 INCLUDES:
   (I) ONE OR MORE NEW YORK STATE NOT-FOR-PROFIT HIGHER EDUCATION  INSTI-
 TUTIONS  PROVIDED  THAT  AT  LEAST ONE INSTITUTION OFFERS AN ASSOCIATE'S
 DEGREE (OR OTHER TWO-YEAR DEGREE THAT IS THE INDUSTRY STANDARD  FOR  THE
 TARGETED  JOBS)  LINKED TO THE GOALS OF THE APPROVED P-TECH PROGRAM, AND
 WHICH AWARDS THE DEGREE AT NO COST TO THE STUDENT/FAMILY; AND
   (II) A REGIONAL NEW YORK STATE EMPLOYER (OR  CONSORTIUM  OF  EMPLOYERS
 FROM  RELATED  SECTORS) AND/OR INDUSTRY/ENTITY/ASSOCIATION THAT REQUIRES
 HIGHLY SKILLED EMPLOYEES WHICH WILL UTILIZE  THE  KNOWLEDGE  AND  SKILLS
 OBTAINED  FROM  THE SECONDARY AND POST-SECONDARY PROGRAMS PROPOSED UNDER
 THE APPLICATION AND AGREES TO PLACE STUDENTS WHO  SUCCESSFULLY  COMPLETE
 THE PROGRAM FIRST IN LINE FOR A JOB; AND
   C. "ELIGIBLE STUDENT" MEANS A STUDENT WHO:
   (I) IS A RESIDENT OF THE SCHOOL DISTRICT, OR A RESIDENT OF A COMPONENT
 DISTRICT  OF  A  CONSORTIUM  APPLICANT,  IN  WHICH THE P-TECH PROGRAM IS
 LOCATED AND IS ENROLLED IN SUCH SCHOOL DISTRICT; AND
   (II) IS REGISTERED TO ATTEND SUCH HIGH SCHOOL FOR THE  ACADEMIC  YEARS
 FOR WHICH THE GRANT AWARD IS BEING SOUGHT.
   3.  MONIES  MADE  AVAILABLE  UNDER THIS SECTION SHALL BE SPENT FOR THE
 FOLLOWING PURPOSES, AS FURTHER PRESCRIBED BY  THE  COMMISSIONER  IN  THE
 REQUEST FOR PROPOSALS PROCESS:
   A.  EXISTING  EVIDENCE-BASED  AND/OR  STANDARDS  BASED CURRICULUM THAT
 FOCUSES ON A CAREER IN SCIENCE, TECHNOLOGY, ENGINEERING OR  MATH-RELATED
 CAREER AREA WITHIN A P-TECH PROGRAM;
   B. RECRUITMENT ACTIVITIES FOR ELIGIBLE STUDENTS;
   C.  TO PROVIDE PROFESSIONAL DEVELOPMENT TO PROMOTE THE P-TECH PROGRAM,
 INCLUDING CROSS-CURRICULUM DEVELOPMENT BETWEEN PARTNERS  AND  TO  ENSURE
 CURRICULUM  ALIGNMENT THAT PREPARES STUDENTS TO SUCCEED IN COLLEGE LEVEL
 COURSES WHILE IN HIGH SCHOOL AND DURING CAREER TRAINING;
   D. UP TO TEN PERCENT OF FUNDS AWARDED UNDER THIS SECTION MAY  BE  USED
 FOR ELIGIBLE APPLICANTS TO PURCHASE EQUIPMENT NEEDED TO UPGRADE EXISTING
 PROGRAMS OR NEW EQUIPMENT TO START A PROGRAM;
   E. WORKSHOPS AND PLANNING MEETINGS BETWEEN PARTNERS, INCLUDING COUNSE-
 LORS,  PARENTS,  AND  COLLEGE  FACULTY,  AND BUSINESS LEADERS TO SUPPORT
 PROGRAM SUSTAINABILITY AND BUILD AWARENESS IN THE REGIONS ON  THE  BENE-
 FITS OF HAVING SUCH PROGRAMS;
   F.  POST-SECONDARY  CURRICULUM  DEVELOPMENT THAT FACILITATES ALIGNMENT
 AND ARTICULATION WITH SECONDARY  PROGRAMS  LEADING  TO  COLLEGE  DEGREES
 AND/OR  OTHER  INDUSTRY  RECOGNIZED  CREDENTIALS  THAT MEET THE NEEDS OF
 EMPLOYERS;
   G. SERVICE CONTRACTS BETWEEN MEMBERS OF THE PARTNERSHIP;
   H. TRANSPORTATION FOR ELIGIBLE STUDENTS TO TAKE  COURSES  AND  PARTIC-
 IPATE  IN ACTIVITIES AT THE PARTNER CAMPUS OF THE HIGHER EDUCATION PART-
 NER; AND

 S. 6087                             5
 
   I. TUITION, BOOKS AND FEES; PROVIDED THAT TUITION REIMBURSEMENT  SHALL
 ONLY BE ALLOWABLE FOR NON-REMEDIAL, CREDIT-BEARING COLLEGE COURSES.
   4. THE COMMISSIONER SHALL MAKE GRANT AWARDS TO ELIGIBLE APPLICANTS FOR
 AN APPROVED P-TECH PROGRAM.
   A.  FUNDS  MUST  FIRST BE SET ASIDE FOR THOSE APPROVED P-TECH PROGRAMS
 THAT WERE FUNDED UNDER THE PREVIOUS REQUEST FOR  PROPOSALS  PROCESS  FOR
 ANY  COHORT  OF  STUDENTS IN SUCH PROGRAM SO THEY CAN OBTAIN A COST-FREE
 ASSOCIATE'S DEGREE.
   B. THE COMMISSIONER MAY ALSO MAKE AWARDS TO ELIGIBLE APPLICANTS FOR AN
 APPROVED P-TECH PROGRAM THROUGH  A  COMPETITIVE  REQUEST  FOR  PROPOSALS
 PROCESS.  THE  FUNDING  CYCLE  FOR THIS PROGRAM SHALL BE FOR SEVEN YEARS
 COMMENCING WITH THE TWO  THOUSAND  TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO
 ACADEMIC  YEAR,  SUBJECT  TO  AN  APPROPRIATION,  WITH A NEW GRANT CYCLE
 COMMENCING EVERY SEVEN YEARS.
   C. THE COMMISSIONER SHALL PRIORITIZE PARTNERSHIPS THAT DEMONSTRATE THE
 WILLINGNESS AND CAPACITY TO SERVE STUDENTS WHO HAVE BEEN  IDENTIFIED  AS
 ECONOMICALLY DISADVANTAGED OR ACADEMICALLY DISADVANTAGED AND AT-RISK FOR
 NOT  SUCCESSFULLY COMPLETING HIGH SCHOOL OR NOT ENROLLING IN OR SUCCEED-
 ING IN COLLEGE.
   D. FOR AWARDS MADE UNDER A NEW REQUEST FOR PROPOSALS PROCESS, PRIORITY
 SHALL ALSO BE GIVEN TO P-TECH PROGRAMS THAT WERE FUNDED BY  THE  DEPART-
 MENT  UNDER  A  PRIOR  REQUEST  FOR PROPOSALS PROCESS, BASED UPON DEMON-
 STRATION OF SUCCESSFUL STUDENT OUTCOMES AS DETERMINED BY THE COMMISSION-
 ER IN REGULATIONS.
   5. ELIGIBLE APPLICANTS SHALL FILE AN APPLICATION FOR APPROVAL  BY  THE
 COMMISSIONER  IN  A TIMEFRAME AND MANNER PRESCRIBED BY THE COMMISSIONER,
 DEMONSTRATING A NEED FOR SUCH FUNDING, INCLUDING HOW THE  FUNDING  WOULD
 BE  USED  AND  HOW  MANY  STUDENTS  WOULD BE ASSISTED WITH SUCH FUNDING.
 SUCCESSFUL APPLICANTS WILL BE FUNDED  AS  PROVIDED  IN  ACCORDANCE  WITH
 REGULATIONS OF THE COMMISSIONER AND THE REQUEST FOR PROPOSALS PROCESS.
   6.  NO  FUNDS  PURSUANT  TO  THIS  SECTION  SHALL BE MADE AVAILABLE TO
 SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY  INSTITUTION  PARTICIPATING
 IN  THIS  PROGRAM,  NOR  SHALL  FUNDS BE PROVIDED FOR PROGRAMS WHICH ARE
 INCOMPATIBLE WITH THE REGENTS PLAN FOR THE EXPANSION AND DEVELOPMENT  OF
 HIGHER EDUCATION IN THIS STATE.
   § 4. This act shall take effect immediately.