NY State Senate Bill 2017-S8700

Senate Bill S8700

2017-2018 Legislative Session

Continues NYS Smart Scholars early college high school program and the NYS pathways in technology early college high school program

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jun 05, 2018	advanced to third reading amended (t) 8706a
Jun 04, 2018	2nd report cal.
May 31, 2018	1st report cal.1467
May 18, 2018	committee discharged and committed to education
May 10, 2018	referred to higher education

Votes

- May 31, 2018 - Education Committee Vote
  S8700
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: May 31, 2018
      
      aye (17)
      
      Avella
      
      Breslin
      
      Brooks
      
      Gallivan
      
      Hamilton
      
      LaValle
      
      Lanza
      
      Little
      
      Marcellino
      
      Mayer
      
      Peralta
      
      Ranzenhofer
      
      Robach
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      absent (1)
      
      Montgomery
      
      excused (1)
      
      Croci

Bill Amendments

Original

A (Active)

2017-S8700 - Details

See Assembly Version of this Bill:: A10467
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Add §§6457 & 6458, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S2312

2017-S8700 - Summary

Continues NYS Smart Scholars early college high school program and the NYS pathways in technology early college high school program.

2017-S8700 - Sponsor Memo

                                
 
BILL NUMBER: S8700

SPONSOR: MARCELLINO
 
TITLE OF BILL:

An act to amend the education law, in relation to continuing the New
York State Smart Scholars early college high school program and the New
York State pathways in technology early college high school program in
this state

 
PURPOSE:

To preserve and continue the New York State Smart Scholars early college
high school (NYS Smart Scholars ECHS) program and the New York State
pathways in technology early college high school (NYS P-TECH) program in
this State, which provides various students, including those tradi-
tionally underrepresented in post-secondary education, with the opportu-
nity 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 the NYS P-TECH programs, career training
and employment in a highly skilled job upon completion of the program.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill establishes the legislative intent of the bill.

Section 2 of the bill adds a new Education Law § 6457 to establish grant
awards for NYS Smart Scholars ECHS programs. Subject to an appropri-
ation, the bill requires the Commissioner to allocate funds for NYS
Smart Scholars ECHS programs approved by the Commissioner in accordance
with the Commissioner's regulations and a request for proposals process.
The bill requires the Commissioner to 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 successfully completing high school or not enrolling in or succeed-
ing in college.

This section of the bill defines an eligible applicant as a New York
State school district with a NYS Smart Scholars ECHS program with a
partnership with a not-for-profit higher education institution(s) to
offer college-level courses leading to the granting of at least 24
college credits and up to a post-secondary degree or diploma, or a not-
for-profit higher education institution registered with the Department
which partners with a New York State school district to offer a NYS
Smart Scholars ECHS program. It further defines an eligible student as a
student who is (i) a resident of the school district, or a resident of a
component district of a consortium applicant, in which the NYS Smart
Scholars ECHS program is located and is enrolled in such district; and
(ii) is registered to attend such high school for the academic years for
which the grant award is being sought.

Previously approved NYS Smart Scholars ECHS programs that were funded
under a prior request for proposals process, whose contracts have been
continuously renewed by the Department in accordance with all applicable
laws since the effective date of the new section shall be eligible for
continued funding without having to reapply for funding through a
competitive process unless they are seeking to offer a new NYS Smart
Scholars ECHS program; provided, however, that such previously approved
program shall be required to meet certain benchmarks and program
requirements as prescribed by the Department in order to demonstrate
that it continues to be a successful NYS Smart Scholars ECHS program and
if the program fails to meet certain benchmarks and program require-
ments, it may be subject to certain corrective action as described in
regulations of the Commissioner which may include but not be limited to
establishing timelines to meet program standards, a limitation on
enrollment, termination of the contract and/or closure of the program
and/or requiring a teach-out agreement with an approved NYS Smart Schol-
ars ECHS program to describe how students will be transferred to such
program upon closure.

This section also requires that monies made available under this section
can only be spent for the following purposes: to provide additional
staffing for the NYS Smart Scholars ECHS program, including a program
director and college liaison; student recruitment activities; to provide
professional development to promote the NYS Smart Scholars ECHS program,
including cross-curriculum development between secondary and post-secon-
dary education partners to ensure curriculum alignment that prepares
students to succeed in college level courses while in high school; work-
shops and planning meetings between partners, including counselors,
parents, and college faculty, to support program sustainability and
build awareness in the regions on the benefits of having such programs;
academic and social support services to promote college readiness and a
college-going culture; transportation for students to take courses and
participate in activities at the NYS Smart Scholars ECHS site and at the
campus of the higher education partner; and tuition, books and fees;
provided however that tuition reimbursement shall only be allowable for
non-remedial, credit-bearing college courses.

It further provides that no funds awarded under this section shall be
made available to support the regular academic program of any school
district or institution participating in this program.

Section 3 of the bill adds a new Education Law § 6458 to establish grant
awards for NYS P-TECH programs. Subject to an appropriation, the bill
requires the Commissioner to allocate funds for new P-TECH programs
approved by the Commissioner in accordance with the Commissioner's regu-
lations. This section defines eligible applicant as a New York State
school district or board of cooperative educational services, which must
serve as the fiscal agent. An eligible district may work in cooperation
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 nonprofit higher education
institutions registered by the Department provided that at least one
institution offers an associate's degree linked to the goals of the
approved NYS P-TECH program, and which awards the degree at no cost to
the student/family; and (ii) a regional New York State employer and/or
industry/entity/association that requires highly skilled employees which
will utilize the knowledge and skills obtained from the secondary and
postsecondary programs proposed under the application and agrees to
place students who successfully complete the program with the opportu-
nity to be first in line for a job.

Previously approved NYS P-TECH programs that were funded under a prior
request for proposals process and whose contracts have been continuously
renewed by the Department in accordance with all applicable laws since
the effective date of the new section shall be eligible for continued
funding under this section without having to reapply for funding through
a competitive process unless they are seeking to offer a new NYS P-TECH
program; provided, however, that such previously approved program shall
be required to meet certain benchmarks and program requirements as
prescribed by the Department in order to demonstrate that it continues
to be a successful NYS P-TECH program and if the program fails to meet
certain benchmarks and program requirements, it may be subject to
certain corrective action as described in regulations of the Commission-
er which may include but not be limited to establishing timelines to
meet program standards, a limitation on enrollment, termination of the
contract and/or closure of the program and/or requiring a teach-out
agreement with an approved NYS P-TECH program to describe how students
will be transferred to such program upon closure.

Monies made available under this section can only be spent for the
following purposes: to provide additional staffing for the NYS P-TECH
program, including but not limited to a program director and a college
liaison; existing evidence-based and/or standards-based curriculum that
focuses on a career in science, technology, engineering or math- related
career area within a NYS P-TECH program; recruitment activities for
eligible students; 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;
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; provided that an eligible
applicant may seek permission from the Commissioner for a waiver of the
ten percent cap, and such request must include a justification for why
equipment in excess of the cap is necessary to accomplish the goals of
the NYS P-TECH program; workshops and planning meetings between part-
ners, including counselors, parents, and college faculty, and business
leaders to support program sustainability and build awareness in the
regions of the benefits of having such programs; postsecondary curric-
ulum 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; service
contracts between members of the partnership; transportation for eligi-
ble students to take courses and participate in activities at the NYS
P-TECH site, at partner employers' locations, and at the campus of the
higher education partner, and tuition, books and fees; provided that
tuition reimbursement will only be allowable for non-remedial, credit-
bearing college courses.

It further provides that no funds awarded under this section shall be
made available to support the regular academic program of any school
district or institution participating in this program.

Section 4 of the bill is the effective date.

 
JUSTIFICATION:

This bill is necessary to preserve and continue the NYS Smart Scholars
ECHS program and the New York State P-TECH program in the State which
provide various students, including those traditionally underrepresented
in post-secondary education, with the opportunity to access college-lev-
el 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 NYS Smart Scholars ECHS program not only increases student's 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 cred-
its 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 increases their academic performance. Ultimately, this
Program increases graduation rates both at the high school and college
levels, especially for academically at-risk students.

The NYS P-TECH program, through a public-private partnership, prepares
thousands of New York students for high-skill jobs of the future in
technology, manufacturing, healthcare and finance The NYS 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 have the opportunity to be first
in line for consideration 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 accelerated completion of a student's college degree at the high
school level will result in a student requiring less financial assist-
ance (including tuition assistance or TAP funds) to complete their
degree at the post-secondary level. These programs will ultimately
result in significant cost-savings to both the State and to families and
therefore, are a great investment of State funds.

 
LEGISLATIVE HISTORY:

SED Proposal No. 14 for 2016 was introduced as S. 7496 (Marcelli-
no)/A.10024 (Nolan) and was referred to the Education Committees in the
Senate and Assembly. The bill moved to third reading in the Senate. No
further action was taken in the Assembly.

SED Proposal No. 1 of 2013 was introduced as S.4008-A (Flanagan) in 2013
and passed the Senate in 2013 and 2014.

SED Proposal No. 7 was introduced as S.5647 (Flanagan) in 2011 and
A.9312 (Nolan) in 2012 and was referred to the respective education
committees. The bill passed the Senate in 2011 and 2012. No further
action was taken in the Assembly.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8700 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8700
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 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  New
   York  State  Smart  Scholars early college high school program and the
   New York State  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 Smart
 Scholars early college high school program and the New York state  path-
 ways  in  technology  early college high school program (P-TECH program)
 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 New York State
 Smart Scholars 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 New York State P-TECH program, through a  public-private  partner-
 ship, prepares thousands of New York students for high-skill jobs of the
 future  in  technology,  manufacturing,  healthcare and finance. The New
 York State P-TECH program provides students with  a  rigorous,  relevant
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15301-03-8

 S. 8700                             2
 
 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 commitment from the participating employer to be first in
 line  for  an opportunity 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 improves students' readiness for employment in a 21st centu-
 ry workplace.
   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 legisla-
 ture also finds and declares it necessary to provide additional  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 SMART SCHOLARS EARLY COLLEGE
 HIGH SCHOOL PROGRAMS. 1. SUBJECT TO AN APPROPRIATION,  THE  COMMISSIONER
 SHALL  ALLOCATE FUNDS AVAILABLE FOR NYS SMART SCHOLARS ECHS PROGRAMS FOR
 THE PURPOSES OF INCREASING HIGH SCHOOL GRADUATION RATES FOR ACADEMICALLY
 AT-RISK, 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 NYS SMART SCHOLARS ECHS PROGRAM" MEANS A FORMAL  PARTNER-
 SHIP  BETWEEN  A  SCHOOL DISTRICT AND AT LEAST ONE INSTITUTION OF HIGHER
 EDUCATION THAT IS APPROVED BY THE COMMISSIONER IN  ACCORDANCE  WITH  THE
 REGULATIONS  OF  THE  COMMISSIONER AND ANY REQUEST FOR PROPOSALS PROCESS
 UNDER THIS SECTION OR A PRIOR REQUEST FOR PROPOSALS PROCESS PURSUANT  TO
 SUBDIVISION  FIVE  OF  THIS  SECTION  WHICH  PROVIDES  ELIGIBLE STUDENTS
 ENROLLED IN SUCH PROGRAM WITH HIGH SCHOOL COURSES LEADING TO THE  GRANT-
 ING  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-SECON-
 DARY DEGREE OR DIPLOMA FROM SUCH PARTNER INSTITUTION OR INSTITUTIONS  OF
 HIGHER EDUCATION AT NO COST TO THE STUDENT OR STUDENT'S FAMILY;
   B. "NYS SMART SCHOLARS ECHS" MEANS A PUBLIC HIGH SCHOOL THAT OFFERS AN
 APPROVED NYS SMART SCHOLARS ECHS PROGRAM TO ITS STUDENTS;
   C.  "ELIGIBLE APPLICANT" MEANS A NEW YORK STATE SCHOOL DISTRICT WITH A
 NYS SMART SCHOLARS ECHS PROGRAM WHICH  PARTNERS  WITH  A  NOT-FOR-PROFIT
 HIGHER  EDUCATION  INSTITUTION  OR  INSTITUTIONS  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
 EDUCATION INSTITUTION REGISTERED WITH THE DEPARTMENT WHICH PARTNERS WITH
 A  NEW  YORK  STATE  SCHOOL  DISTRICT TO OFFER A NYS SMART SCHOLARS ECHS
 PROGRAM; AND
   D. "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 NYS SMART SCHOLARS ECHS
 IS LOCATED AND IS ENROLLED IN SUCH SCHOOL DISTRICT; AND (II)  IS  REGIS-
 TERED  TO  ATTEND  SUCH HIGH SCHOOL FOR THE ACADEMIC YEARS FOR WHICH THE
 GRANT AWARD IS BEING SOUGHT.

 S. 8700                             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 NYS SMART SCHOLARS ECHS
 PROGRAM, INCLUDING A PROGRAM DIRECTOR AND COLLEGE LIAISON;
   B. STUDENT RECRUITMENT ACTIVITIES;
   C. TO PROVIDE PROFESSIONAL DEVELOPMENT TO PROMOTE THE NYS SMART SCHOL-
 ARS ECHS PROGRAM, INCLUDING CROSS-CURRICULUM DEVELOPMENT BETWEEN SECOND-
 ARY AND POST-SECONDARY EDUCATION PARTNERS TO ENSURE CURRICULUM ALIGNMENT
 THAT PREPARES STUDENTS TO SUCCEED IN COLLEGE-LEVEL COURSES WHILE IN HIGH
 SCHOOL;
   D. WORKSHOPS AND PLANNING MEETINGS BETWEEN PARTNERS, INCLUDING COUNSE-
 LORS, PARENTS, AND COLLEGE FACULTY, TO  SUPPORT  PROGRAM  SUSTAINABILITY
 AND  BUILD  AWARENESS  IN  THE  REGIONS  ON  THE BENEFITS OF HAVING SUCH
 PROGRAMS;
   E. ACADEMIC AND SOCIAL SUPPORT SERVICES TO PROMOTE  COLLEGE  READINESS
 AND A COLLEGE-GOING CULTURE;
   F.  TRANSPORTATION  FOR  STUDENTS  TO  TAKE COURSES AND PARTICIPATE IN
 ACTIVITIES AT THE NYS SMART SCHOLARS ECHS SITE AND AT THE PARTNER CAMPUS
 OF THE HIGHER EDUCATION PARTNER; AND
   G. TUITION, BOOKS AND FEES; PROVIDED HOWEVER THAT  TUITION  REIMBURSE-
 MENT  SHALL  ONLY  BE ALLOWABLE FOR NON-REMEDIAL, CREDIT-BEARING COLLEGE
 COURSES.
   4. A. SUBJECT TO AN APPROPRIATION THE COMMISSIONER SHALL  MAKE  AWARDS
 TO  ELIGIBLE  APPLICANTS FOR THE ESTABLISHMENT OF NEW NYS SMART SCHOLARS
 ECHS PROGRAMS THROUGH A COMPETITIVE REQUEST FOR PROPOSALS PROCESS.
   B. 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.
   C.  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 THE
 REQUEST FOR PROPOSALS PROCESS.
   5. A. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,
 PREVIOUSLY  APPROVED  NYS  EARLY  COLLEGE HIGH SCHOOL PROGRAMS THAT WERE
 FUNDED UNDER A PRIOR REQUEST FOR PROPOSALS PROCESS AND  WHOSE  CONTRACTS
 HAVE  BEEN CONTINUOUSLY RENEWED BY THE DEPARTMENT IN ACCORDANCE WITH ALL
 APPLICABLE LAWS SINCE THE EFFECTIVE DATE OF THIS SECTION SHALL BE ELIGI-
 BLE FOR FUNDING UNDER THIS SECTION AND SHALL NOT HAVE TO APPLY FOR FUND-
 ING UNDER THIS SECTION; PROVIDED, HOWEVER, THAT SUCH PROGRAMS SHALL MEET
 THE REQUIREMENTS OF THIS SUBDIVISION.
   B. IN ORDER FOR ANY NYS SMART SCHOLARS ECHS PROGRAM THAT WAS PREVIOUS-
 LY FUNDED PRIOR TO THE EFFECTIVE DATE OF THIS  SECTION  TO  CONTINUE  TO
 RECEIVE  FUNDING  UNDER  THIS  SECTION, THE PROGRAM SHALL BE REQUIRED TO
 MEET CERTAIN BENCHMARKS AND PROGRAM REQUIREMENTS AS  PRESCRIBED  BY  THE
 DEPARTMENT  IN ORDER TO DEMONSTRATE THAT IT CONTINUES TO BE A SUCCESSFUL
 NYS SMART SCHOLARS ECHS AND IF THE PROGRAM FAILS TO MEET SUCH BENCHMARKS
 AND PROGRAM REQUIREMENTS, IT MAY BE SUBJECT TO CERTAIN CORRECTIVE ACTION
 AS DESCRIBED IN REGULATIONS OF THE COMMISSIONER, WHICH MAY  INCLUDE  BUT
 NOT  BE  LIMITED  TO ESTABLISHING TIMELINES TO MEET PROGRAM STANDARDS, A
 LIMITATION ON ENROLLMENT, TERMINATION OF THE CONTRACT AND/OR CLOSURE  OF
 THE  PROGRAM AND/OR REQUIRING A TEACH-OUT AGREEMENT WITH AN APPROVED NYS

 S. 8700                             4
 
 SMART SCHOLARS ECHS PROGRAM TO DESCRIBE HOW STUDENTS WILL BE TRANSFERRED
 TO SUCH PROGRAM UPON CLOSURE.
   C.  ANY  NYS  SMART SCHOLARS ECHS PROGRAM APPROVED PURSUANT TO A PRIOR
 REQUEST FOR PROPOSALS PROCESS SHALL NOT  BE  REQUIRED  TO  RE-APPLY  FOR
 FUNDS UNDER THIS SECTION UNLESS THEY ARE OFFERING A NEW NYS SMART SCHOL-
 ARS ECHS PROGRAM, AS DETERMINED BY THE COMMISSIONER.
   6.  NO  FUNDS  PURSUANT  TO  THIS  SECTION  SHALL BE MADE AVAILABLE TO
 SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY SCHOOL DISTRICT OR INSTITU-
 TION OR INSTITUTIONS 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 NEW YORK STATE PATHWAYS IN  TECHNOLOGY  EARLY
 COLLEGE  HIGH  SCHOOL  PROGRAMS.  1.  SUBJECT  TO  AN APPROPRIATION, THE
 COMMISSIONER SHALL ALLOCATE THE FUNDS AVAILABLE FOR  NYSP-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:
    A.  "APPROVED  NYS  P-TECH  PROGRAMS"  MEANS  A  NYS  P-TECH PROGRAM,
 APPROVED BY THE COMMISSIONER IN ACCORDANCE WITH THE REGULATIONS  OF  THE
 COMMISSIONER,  ANY REQUEST FOR PROPOSALS PROCESS UNDER THIS SECTION OR A
 PRIOR REQUEST FOR PROPOSALS PROCESS PURSUANT TO SUBDIVISION FIVE OF THIS
 SECTION, WHICH PROVIDES ELIGIBLE STUDENTS ENROLLED IN SUCH PROGRAM  WITH
 HIGH  SCHOOL  COURSES  LEADING TO THE GRANTING OF A HIGH SCHOOL DIPLOMA,
 COLLEGE-LEVEL COURSES LEADING TO THE GRANTING OF A POST-SECONDARY DEGREE
 AT A PARTNERING INSTITUTION, AND CAREER TRAINING WITH AN ELIGIBLE  PART-
 NERING EMPLOYER;
   B.  "ELIGIBLE  APPLICANT"  MEANS A NEW YORK STATE SCHOOL DISTRICT OR A
 BOARD OF COOPERATIVE EDUCATIONAL  SERVICES,  WHICH  MUST  SERVE  AS  THE
 FISCAL AGENT.  THE ELIGIBLE APPLICANT MAY WORK IN COOPERATION WITH OTHER
 SCHOOL  DISTRICTS,  A  BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR ANY
 COMBINATION OF THESE. THE ELIGIBLE APPLICANT SHALL  FORM  A  PARTNERSHIP
 THAT INCLUDES:
   (I)  ONE OR MORE NEW YORK STATE NOT-FOR-PROFIT HIGHER EDUCATION INSTI-
 TUTION OR INSTITUTIONS REGISTERED WITH THE DEPARTMENT 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 NYS 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 WITH THE OPPORTUNITY TO BE 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 NYS 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.

 S. 8700                             5
 
   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 AND/OR IN REGULATIONS OF THE COMMISSIONER:
   A.  TO PROVIDE ADDITIONAL STAFFING FOR THE NYS P-TECH PROGRAM, INCLUD-
 ING BUT NOT LIMITED TO A PROGRAM DIRECTOR AND COLLEGE LIAISON;
   B. EXISTING EVIDENCE-BASED  AND/OR  STANDARDS  BASED  CURRICULUM  THAT
 FOCUSES  ON A CAREER IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATH-RELATED
 CAREER AREA WITHIN A NYS P-TECH PROGRAM;
   C. RECRUITMENT ACTIVITIES FOR ELIGIBLE STUDENTS;
   D. TO PROVIDE PROFESSIONAL  DEVELOPMENT  TO  PROMOTE  THE  NYS  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;
   E.  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; PROVIDED THAT AN  ELIGIBLE
 APPLICANT  MAY SEEK PERMISSION FROM THE COMMISSIONER FOR A WAIVER OF THE
 TEN PERCENT CAP, AND SUCH REQUEST MUST INCLUDE A JUSTIFICATION  FOR  WHY
 EQUIPMENT  IN  EXCESS OF THE CAP IS NECESSARY TO ACCOMPLISH THE GOALS OF
 THE NYS P-TECH PROGRAM;
   F. 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;
   G. 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;
   H. SERVICE CONTRACTS BETWEEN MEMBERS OF THE PARTNERSHIP;
   I.  TRANSPORTATION  FOR  ELIGIBLE STUDENTS TO TAKE COURSES AND PARTIC-
 IPATE IN ACTIVITIES AT  THE  NYS  P-TECH  SITE,  AT  PARTNER  EMPLOYERS'
 LOCATIONS,  AND  AT  THE PARTNER CAMPUS OF THE HIGHER EDUCATION PARTNER;
 AND
   J. TUITION, BOOKS AND FEES; PROVIDED THAT TUITION REIMBURSEMENT  SHALL
 ONLY BE ALLOWABLE FOR NON-REMEDIAL, CREDIT-BEARING COLLEGE COURSES.
   4.  A.  SUBJECT TO AN APPROPRIATION THE COMMISSIONER SHALL MAKE AWARDS
 TO ELIGIBLE APPLICANTS FOR THE ESTABLISHMENT OF NEW NYS P-TECH  PROGRAMS
 THROUGH A COMPETITIVE REQUEST FOR PROPOSALS PROCESS.
   B. 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.
   C. 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  MAY  STUDENTS  WOULD  BE ASSISTED WITH SUCH FUNDING.
 SUCCESSFUL APPLICANTS WILL BE FUNDED IN ACCORDANCE WITH THE  REGULATIONS
 OF THE COMMISSIONER.
   5.  A.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY,
 PREVIOUSLY APPROVED NYS P-TECH PROGRAMS THAT WERE FUNDED UNDER  A  PRIOR
 REQUEST FOR PROPOSALS PROCESS AND WHOSE CONTRACTS HAVE BEEN CONTINUOUSLY
 RENEWED  BY  THE DEPARTMENT IN ACCORDANCE WITH ALL APPLICABLE LAWS SINCE
 THE EFFECTIVE DATE OF THIS SECTION SHALL BE ELIGIBLE FOR  FUNDING  UNDER
 THIS SECTION AND SHALL NOT HAVE TO APPLY FOR FUNDING UNDER THIS SECTION;

 S. 8700                             6
 
 PROVIDED,  HOWEVER,  THAT  SUCH  PROGRAM SHALL MEET REQUIREMENTS OF THIS
 SUBDIVISION.
   B.  IN  ORDER  FOR  ANY  NYS P-TECH PROGRAM THAT WAS PREVIOUSLY FUNDED
 PRIOR TO THE EFFECTIVE DATE OF THIS SECTION TO CONTINUE TO RECEIVE FUND-
 ING UNDER THIS SECTION, THE PROGRAM SHALL BE REQUIRED  TO  MEET  CERTAIN
 BENCHMARKS  AND  PROGRAM REQUIREMENTS AS PRESCRIBED BY THE DEPARTMENT IN
 ORDER TO DEMONSTRATE THAT IT CONTINUES TO BE  A  SUCCESSFUL  NYS  P-TECH
 PROGRAM  AND  IF  THE  PROGRAM FAILS TO MEET SUCH BENCHMARKS AND PROGRAM
 REQUIREMENTS,  IT  MAY  BE  SUBJECT  TO  CERTAIN  CORRECTIVE  ACTION  AS
 DESCRIBED  IN REGULATIONS OF THE COMMISSIONER, WHICH MAY INCLUDE BUT NOT
 BE LIMITED TO ESTABLISHING TIMELINES TO MEET PROGRAM STANDARDS, A  LIMI-
 TATION  ON ENROLLMENT, TERMINATION OF THE CONTRACT AND/OR CLOSURE OF THE
 PROGRAM AND/OR REQUIRING A TEACH-OUT  AGREEMENT  WITH  AN  APPROVED  NYS
 P-TECH  PROGRAM  TO  DESCRIBE  HOW  STUDENTS WILL BE TRANSFERRED TO SUCH
 PROGRAM UPON CLOSURE.
   C. ANY NYS P-TECH PROGRAM APPROVED PURSUANT TO  A  PRIOR  REQUEST  FOR
 PROPOSALS PROCESS SHALL NOT BE REQUIRED TO RE-APPLY FOR FUNDS UNDER THIS
 SECTION UNLESS THEY ARE OFFERING A NEW NYS P-TECH PROGRAM, AS DETERMINED
 BY THE COMMISSIONER.
   6.  NO  FUNDS  PURSUANT  TO  THIS  SECTION  SHALL BE MADE AVAILABLE TO
 SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY SCHOOL DISTRICT OR INSTITU-
 TION OR INSTITUTIONS PARTICIPATING IN THIS PROGRAM, NOR SHALL  FUNDS  BE
 PROVIDED  FOR PROGRAMS WHICH ARE INCOMPATIBLE WITH THE REGENTS PLANS FOR
 THE EXPANSION AND DEVELOPMENT OF HIGHER EDUCATION IN THIS STATE.
   § 4. This act shall take effect immediately.

2017-S8700A (ACTIVE) - Details

See Assembly Version of this Bill:: A10467
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Add §§6457 & 6458, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S2312

2017-S8700A (ACTIVE) - Summary

Continues NYS Smart Scholars early college high school program and the NYS pathways in technology early college high school program.

2017-S8700A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8700A

SPONSOR: MARCELLINO
 
TITLE OF BILL:

An act to amend the education law, in relation to continuing the New
York State Smart Scholars Early College High School Program and the New
York State Pathways in Technology Early College High School Program in
this state

 
PURPOSE:

To preserve and continue the New York State Smart Scholars early college
high school (NYS Smart Scholars ECHS) program and the New York State
pathways in technology early college high school (NYS P-TECH) program in
this State, which provides various students, including those tradi-
tionally underrepresented in post-secondary education, with the opportu-
nity 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 the NYS P-TECH programs, career training
and employment in a highly skilled job upon completion of the program.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill establishes the legislative intent of the bill.

Section 2 of the bill adds a new Education Law § 6457 to establish grant
awards for NYS Smart Scholars ECHS programs. Subject to an appropri-
ation, the bill requires the Commissioner to allocate funds for NYS
Smart Scholars ECHS programs approved by the Commissioner in accordance
with the Commissioner's regulations and a request for proposals process.
The bill requires the Commissioner to 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 successfully completing high school or not enrolling in or succeed-
ing in college.

This section of the bill defines an eligible applicant as a New York
State school district with a NYS Smart Scholars ECHS program with a
partnership with a not-for-profit higher education institution(s) to
offer college-level courses leading to the granting of at least 24
college credits and up to a post-secondary degree or diploma, or a not-
for-profit higher education institution registered with the Department
which partners with a New York State school district to offer a NYS
Smart Scholars ECHS program. It further defines an eligible student as a
student who is (i) a resident of the school district, or a resident of a
component district of a consortium applicant, in which the NYS Smart
Scholars ECHS program is located and is enrolled in such district; and
(ii) is registered to attend such high school for the academic years for
which the grant award is being sought.

Previously approved NYS Smart Scholars ECHS programs that were funded
under a prior request for proposals process, whose contracts have been
continuously renewed by the Department in accordance with all applicable
laws since the effective date of the new section shall be eligible for
continued funding without having to reapply for funding through a
competitive process unless they are seeking to offer a new NYS Smart
Scholars ECHS program; provided, however, that such previously approved
program shall be required to meet certain benchmarks and program
requirements as prescribed by the Department in order to demonstrate
that it continues to be a successful NYS Smart Scholars ECHS program and
if the program fails to meet certain benchmarks and program require-
ments, it may be subject to certain corrective action as described in
regulations of the Commissioner which may include but not be limited to
establishing timelines to meet program standards, a limitation on
enrollment, termination of the contract and/or closure of the program
and/or requiring a teach-out agreement with an approved NYS Smart Schol-
ars ECHS program to describe how students will be transferred to such
program upon closure.

This section also requires that monies made available under this section
can only be spent for the following purposes: to provide additional
staffing for the NYS Smart Scholars ECHS program, including a program
director and college liaison; student recruitment activities; to provide
professional development to promote the NYS Smart Scholars ECHS program,
including cross-curriculum development between secondary and post-secon-
dary education partners to ensure curriculum alignment that prepares
students to succeed in college level courses while in high school; work-
shops and planning meetings between partners, including counselors,
parents, and college faculty, to support program sustainability and
build awareness in the regions on the benefits of having such programs;
academic and social support services to promote college readiness and a
college-going culture; transportation for students to take courses and
participate in activities at the NYS Smart Scholars ECHS site and at the
campus of the higher education partner; and tuition, books and fees;
provided however that tuition reimbursement shall only be allowable for
non-remedial, credit-bearing college courses.

It further provides that no funds awarded under this section shall be
made available to support the regular academic program of any school
district or institution participating in this program.

Section 3 of the bill adds a new Education Law § 6458 to establish grant
awards for NYS P-TECH programs. Subject to an appropriation, the bill
requires the Commissioner to allocate funds for new P-TECH programs
approved by the Commissioner in accordance with the Commissioner's regu-
lations. This section defines eligible applicant as a New York State
school district or board of cooperative educational services, which must
serve as the fiscal agent. An eligible district may work in cooperation
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 nonprofit higher education
institutions registered by the Department provided that at least one
institution offers an associate's degree linked to the goals of the
approved NYS P-TECH program, and which awards the degree at no cost to
the student/family; and (ii) a regional New York State employer and/or
industry/entity/association that requires highly skilled employees which
will utilize the knowledge and skills obtained from the secondary and
postsecondary programs proposed under the application and agrees to
place students who successfully complete the program with the opportu-
nity to be first in line for a job.

Previously approved NYS P-TECH programs that were funded under a prior
request for proposals process and whose contracts have been continuously
renewed by the Department in accordance with all applicable laws since
the effective date of the new section shall be eligible for continued
funding under this section without having to reapply for funding through
a competitive process unless they are seeking to offer a new NYS P-TECH
program; provided, however, that such previously approved program shall
be required to meet certain benchmarks and program requirements as
prescribed by the Department in order to demonstrate that it continues
to be a successful NYS P-TECH program and if the program fails to meet
certain benchmarks and program requirements, it may be subject to
certain corrective action as described in regulations of the Commission-
er which may include but not be limited to establishing timelines to
meet program standards, a limitation on enrollment, termination of the
contract and/or closure of the program and/or requiring a teach-out
agreement with an approved NYS P-TECH program to describe how students
will be transferred to such program upon closure.

Monies made available under this section can only be spent for the
following purposes: to provide additional staffing for the NYS P-TECH
program, including but not limited to a program director and a college
liaison; existing evidence-based and/or standards-based curriculum that
focuses on a career in science, technology, engineering or math- related
career area within a NYS P-TECH program; recruitment activities for
eligible students; 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;
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; provided that an eligible
applicant may seek permission from the Commissioner for a waiver of the
ten percent cap, and such request must include a justification for why
equipment in excess of the cap is necessary to accomplish the goals of
the NYS P-TECH program; workshops and planning meetings between part-
ners, including counselors, parents, and college faculty, and business
leaders to support program sustainability and build awareness in the
regions of the benefits of having such programs; postsecondary curric-
ulum 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; service
contracts between members of the partnership; transportation for eligi-
ble students to take courses and participate in activities at the NYS
P-TECH site, at partner employers' locations, and at the campus of the
higher education partner, and tuition, books and fees; provided that
tuition reimbursement will only be allowable for non-remedial, credit-
bearing college courses.

It further provides that no funds awarded under this section shall be
made available to support the regular academic program of any school
district or institution participating in this program.

Section 4 of the bill is the effective date.

 
JUSTIFICATION:

This bill is necessary to preserve and continue the NYS Smart Scholars
ECHS program and the New York State P-TECH program in the State which
provide various students, including those traditionally underrepresented
in post-secondary education, with the opportunity to access college-lev-
el 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 NYS Smart Scholars ECHS program not only increases student's 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 cred-
its 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 increases their academic performance. Ultimately, this
Program increases graduation rates both at the high school and college
levels, especially for academically at-risk students.

The NYS P-TECH program, through a public-private partnership, prepares
thousands of New York students for high-skill jobs of the future in
technology, manufacturing, healthcare and finance The NYS 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 have the opportunity to be first
in line for consideration 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 accelerated completion of a student's college degree at the high
school level will result in a student requiring less financial assist-
ance (including tuition assistance or TAP funds) to complete their
degree at the post-secondary level. These programs will ultimately
result in significant cost-savings to both the State and to families and
therefore, are a great investment of State funds.

 
LEGISLATIVE HISTORY:

SED Proposal No. 14 for 2016 was introduced as S.  7496 (Marcelli-
no)/A.10024 (Nolan) and was referred to the Education Committees in the
Senate and Assembly. The bill moved to third reading in the Senate. No
further action was taken in the Assembly.

SED Proposal No. 1 of 2013 was introduced as S.4008-A (Flanagan) in 2013
and passed the Senate in 2013 and 2014.

SED Proposal No. 7 was introduced as S.5647 (Flanagan) in 2011 and
A.9312 (Nolan) in 2012 and was referred to the respective education
committees. The bill passed the Senate in 2011 and 2012. No further
action was taken in the Assembly.

New bill, extends Chapter 35 of 2015.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2017-S8700A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8700--A
     Cal. No. 1467
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Higher  Education  --
   committee  discharged  and  said  bill  committed  to the Committee on
   Education -- reported favorably from said committee, ordered to  first
   and  second report, amended on second report, ordered to a third read-
   ing, and to be reprinted as amended, retaining its place in the  order
   of third reading
 
 AN  ACT  to  amend  the education law, in relation to continuing the New
   York State Smart Scholars Early College High School  Program  and  the
   New  York  State  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.    The education law is amended by adding two new sections
 6457 and 6458 to read as follows:
   § 6457. GRANT AWARDS FOR NEW YORK STATE SMART SCHOLARS  EARLY  COLLEGE
 HIGH SCHOOL PROGRAMS. 1. FOR THE PURPOSES OF THIS SECTION:
   A.  "NYS  SMART  SCHOLARS  EARLY  COLLEGE HIGH SCHOOL PROGRAM" MEANS A
 FORMAL PARTNERSHIP BETWEEN A SCHOOL DISTRICT AND AT LEAST  ONE  INSTITU-
 TION  OF  HIGHER  EDUCATION 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  SUCH PARTNER INSTITUTION OR INSTITUTIONS OF HIGHER EDUCA-
 TION AT NO COST TO THE STUDENT OR STUDENT'S FAMILY.
   B. "APPROVED NYS SMART SCHOLARS EARLY  COLLEGE  HIGH  SCHOOL  PROGRAM"
 MEANS  A  NYS SMART SCHOLARS EARLY COLLEGE HIGH SCHOOL PROGRAM, AND SUCH
 PROGRAM WAS APPROVED BY THE COMMISSIONER IN ACCORDANCE  WITH  THE  REGU-
 LATIONS  OF  THE  COMMISSIONER  AND  ANY REQUEST FOR PROPOSALS PROCESSED
 UNDER THIS SECTION.
   C. "NYS SMART SCHOLARS EARLY COLLEGE HIGH SCHOOL" OR "NYS SMART SCHOL-
 ARS ECHS" MEANS A PUBLIC HIGH SCHOOL THAT OFFERS AN APPROVED  NYS  SMART
 SCHOLARS EARLY COLLEGE HIGH SCHOOL PROGRAM TO ITS STUDENTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15301-06-8

 S. 8700--A                          2
 
   D.  "ELIGIBLE  APPLICANT"  MEANS  A  STATE SCHOOL DISTRICT, A BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES, OR A NOT-FOR-PROFIT  HIGHER  EDUCATION
 INSTITUTION  REGISTERED  WITH  THE  DEPARTMENT, IN A PARTNERSHIP FOR THE
 PURPOSE OF OFFERING A NYS  SMART  SCHOLARS  EARLY  COLLEGE  HIGH  SCHOOL
 PROGRAM  TO  THE  ELIGIBLE STUDENTS OF THE SCHOOL DISTRICT. THE ELIGIBLE
 APPLICANT MAY WORK IN COOPERATION WITH OTHER SCHOOL DISTRICTS,  A  BOARD
 OF  COOPERATIVE  EDUCATIONAL  SERVICES, OR ANY COMBINATION OF THESE AS A
 CONSORTIUM APPLICANT.
   E. "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  NYS  SMART  SCHOLARS
 EARLY  COLLEGE  HIGH  SCHOOL  IS  LOCATED AND IS ENROLLED IN SUCH SCHOOL
 DISTRICT; AND
   (II) IS REGISTERED TO ATTEND SUCH HIGH SCHOOL.
   F. "PREVIOUSLY FUNDED NYS SMART SCHOLARS  EARLY  COLLEGE  HIGH  SCHOOL
 PROGRAM"  MEANS  A  NYS SMART SCHOLARS EARLY COLLEGE HIGH SCHOOL PROGRAM
 THAT WAS APPROVED BY THE COMMISSIONER IN ANY PRIOR REQUEST FOR PROPOSALS
 PROCESS BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   2. A. SUBJECT TO AN APPROPRIATION AND THE  PROCEDURES  ESTABLISHED  IN
 THIS  SECTION,  THE  COMMISSIONER SHALL ALLOCATE FUNDS AVAILABLE FOR NYS
 SMART SCHOLARS ECHS PROGRAMS FOR THE PURPOSES OF INCREASING HIGH  SCHOOL
 GRADUATION RATES FOR ACADEMICALLY AT-RISK, AND/OR ECONOMICALLY DISADVAN-
 TAGED  STUDENTS,  AND  INCREASING  THEIR PARTICIPATION IN POST-SECONDARY
 EDUCATION THROUGH A NETWORK OF EARLY COLLEGE HIGH SCHOOL PARTNERSHIPS IN
 THE STATE.  FUNDING SHALL BE AVAILABLE TO  PREVIOUSLY  FUNDED,  APPROVED
 PROGRAMS,  AND  NEW PROGRAMS, WITH PRIORITY GIVEN TO THOSE PROGRAMS THAT
 HAVE ALREADY RECEIVED FUNDING.
   B. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,  A
 PROGRAM  SHALL  BE ELIGIBLE FOR FUNDING UNDER THIS SECTION AND SHALL NOT
 HAVE TO APPLY FOR FUNDING UNDER THIS SECTION  IF  IT  WAS  A  PREVIOUSLY
 FUNDED PROGRAM OR AN APPROVED NYS EARLY COLLEGE HIGH SCHOOL PROGRAM THAT
 WAS  FUNDED  UNDER  A  PRIOR  REQUEST  FOR  PROPOSALS  PROCESS,  AND ITS
 CONTRACTS HAVE BEEN CONTINUOUSLY RENEWED BY THE DEPARTMENT IN ACCORDANCE
 WITH ALL APPLICABLE LAWS SINCE  THE  EFFECTIVE  DATE  OF  THIS  SECTION;
 PROVIDED,  HOWEVER, THAT SUCH PROGRAMS SHALL MEET CERTAIN BENCHMARKS AND
 PROGRAM REQUIREMENTS AS PRESCRIBED BY THE DEPARTMENT IN ORDER TO  DEMON-
 STRATE  THAT  IT  CONTINUES  TO  BE A SUCCESSFUL NYS SMART SCHOLARS ECHS
 PROGRAM. IF THE PROGRAM  FAILS  TO  MEET  SUCH  BENCHMARKS  AND  PROGRAM
 REQUIREMENTS,  IT  MAY  BE  SUBJECT  TO  CERTAIN  CORRECTIVE  ACTION  AS
 DESCRIBED IN REGULATIONS OF THE COMMISSIONER, WHICH MAY INCLUDE BUT  NOT
 BE  LIMITED TO ESTABLISHING TIMELINES TO MEET PROGRAM STANDARDS, A LIMI-
 TATION ON ENROLLMENT, TERMINATION OF THE CONTRACT AND/OR CLOSURE OF  THE
 PROGRAM  AND/OR  REQUIRING  A  TEACH-OUT  AGREEMENT WITH AN APPROVED NYS
 SMART SCHOLARS ECHS PROGRAM TO DESCRIBE HOW STUDENTS WILL BE TRANSFERRED
 TO SUCH PROGRAM UPON CLOSURE.
   C. ANY NYS SMART SCHOLARS ECHS PROGRAM APPROVED PURSUANT  TO  A  PRIOR
 REQUEST  FOR  PROPOSALS  PROCESS  SHALL  NOT BE REQUIRED TO RE-APPLY FOR
 FUNDS UNDER THIS SECTION UNLESS SUCH PROGRAM IS OFFERING A NEW NYS SMART
 SCHOLARS ECHS PROGRAM, AS DETERMINED BY THE COMMISSIONER.
   3. A. SUBJECT TO AN APPROPRIATION, THE COMMISSIONER SHALL MAKE  AWARDS
 TO  ELIGIBLE  APPLICANTS FOR THE ESTABLISHMENT OF NEW NYS SMART SCHOLARS
 ECHS PROGRAMS THROUGH A COMPETITIVE REQUEST FOR PROPOSALS PROCESS.
   B. THE COMMISSIONER SHALL PRIORITIZE ELIGIBLE APPLICANTS  THAT  DEMON-
 STRATE  THE  WILLINGNESS  AND  CAPACITY  TO SERVE STUDENTS WHO HAVE BEEN
 IDENTIFIED AS ECONOMICALLY DISADVANTAGED AND/OR ACADEMICALLY AT-RISK FOR

 S. 8700--A                          3
 
 NOT SUCCESSFULLY COMPLETING HIGH SCHOOL OR NOT ENROLLING IN OR  SUCCEED-
 ING IN COLLEGE.
   C.  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 THE
 REQUEST FOR PROPOSALS PROCESS.
   4. A. MONIES MADE AVAILABLE UNDER THIS SECTION SHALL BE SPENT FOR  THE
 FOLLOWING  PURPOSES  AS  FURTHER PRESCRIBED BY THE COMMISSIONER IN REGU-
 LATION:
   (I) TO PROVIDE ADDITIONAL STAFFING FOR THE  NYS  SMART  SCHOLARS  ECHS
 PROGRAM, INCLUDING A PROGRAM DIRECTOR AND COLLEGE LIAISON;
   (II) FOR STUDENT RECRUITMENT ACTIVITIES;
   (III)  TO  PROVIDE  PROFESSIONAL  DEVELOPMENT TO PROMOTE THE NYS SMART
 SCHOLARS ECHS 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;
   (IV)  FOR  WORKSHOPS AND PLANNING MEETINGS BETWEEN PARTNERS, INCLUDING
 COUNSELORS, PARENTS, AND COLLEGE FACULTY, TO SUPPORT  PROGRAM  SUSTAINA-
 BILITY  AND  BUILD  AWARENESS  IN THE DISTRICT ON THE BENEFITS OF HAVING
 SUCH PROGRAMS;
   (V) FOR ACADEMIC AND SOCIAL SUPPORT SERVICES TO PROMOTE COLLEGE  READ-
 INESS AND A COLLEGE-GOING CULTURE;
   (VI)  FOR  TRANSPORTATION FOR STUDENTS TO TAKE COURSES AND PARTICIPATE
 IN ACTIVITIES AT THE NYS SMART SCHOLARS ECHS SITE  AND  AT  THE  PARTNER
 CAMPUS OF THE HIGHER EDUCATION PARTNERS; AND
   (VII)  FOR  TUITION,  BOOKS  AND  FEES;  PROVIDED HOWEVER THAT TUITION
 REIMBURSEMENT SHALL ONLY BE ALLOWABLE FOR  NON-REMEDIAL,  CREDIT-BEARING
 COLLEGE COURSES.
   B.  NO FUNDS SPENT PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO
 SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY SCHOOL DISTRICT OR INSTITU-
 TION OR INSTITUTIONS 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.
   § 6458. GRANT AWARDS FOR NEW YORK STATE PATHWAYS IN  TECHNOLOGY  EARLY
 COLLEGE HIGH SCHOOL PROGRAMS. 1. FOR THE PURPOSES OF THIS SECTION:
   A.  "NYS  PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH SCHOOL PROGRAM" OR
 "NYS P-TECH PROGRAM" MEANS A PROGRAM WHICH  PROVIDES  ELIGIBLE  STUDENTS
 ENROLLED  IN SUCH PROGRAM WITH HIGH SCHOOL COURSES LEADING TO THE GRANT-
 ING OF A HIGH SCHOOL  DIPLOMA,  COLLEGE-LEVEL  COURSES  LEADING  TO  THE
 GRANTING  OF  A  POST-SECONDARY  DEGREE AT A PARTNERING INSTITUTION, AND
 CAREER TRAINING WITH AN ELIGIBLE PARTNERING EMPLOYER OPERATED BY  A  NEW
 YORK  STATE  SCHOOL  DISTRICT  OR  A  BOARD  OF  COOPERATIVE EDUCATIONAL
 SERVICES THAT FORMS A PARTNERSHIP WITH:
   (I) ONE OR MORE NEW YORK STATE NOT-FOR-PROFIT HIGHER EDUCATION  INSTI-
 TUTION  OR  INSTITUTIONS REGISTERED WITH THE DEPARTMENT 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 NYS 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  AND  AGREES  TO

 S. 8700--A                          4
 
 PLACE  STUDENTS  WHO SUCCESSFULLY COMPLETE THE PROGRAM WITH THE OPPORTU-
 NITY TO BE FIRST IN LINE FOR A JOB.
   B.  "APPROVED  NYS P-TECH PROGRAM" MEANS A NYS P-TECH PROGRAM AND SUCH
 PROGRAM WAS APPROVED BY THE COMMISSIONER IN ACCORDANCE  WITH  THE  REGU-
 LATIONS  OF THE COMMISSIONER AND ANY REQUEST FOR PROPOSALS PROCESS UNDER
 THIS SECTION.
   C. "ELIGIBLE APPLICANT"  MEANS  A  NEW  YORK  STATE  SCHOOL  DISTRICT,
 INCLUDING  THOSE  DISTRICTS WITH CAREER AND TECHNICAL HIGH SCHOOLS, OR A
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES, EITHER OF WHICH MUST SERVE AS
 THE FISCAL AGENT. THE ELIGIBLE APPLICANT MAY WORK  IN  COOPERATION  WITH
 OTHER  SCHOOL DISTRICTS, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR
 ANY COMBINATION OF THESE AS A CONSORTIUM APPLICANT.
   D. "ELIGIBLE STUDENT" MEANS A STUDENT WHO:
   (I) IS A RESIDENT OF THE SCHOOL DISTRICT, OR A RESIDENT OF A COMPONENT
 DISTRICT OF A CONSORTIUM, IN WHICH THE NYS P-TECH PROGRAM IS LOCATED AND
 IS ENROLLED IN SUCH SCHOOL DISTRICT; AND
   (II) IS REGISTERED TO ATTEND SUCH HIGH SCHOOL.
   E. "PREVIOUSLY FUNDED NYS P-TECH PROGRAM" MEANS A NYS  P-TECH  PROGRAM
 THAT WAS APPROVED BY THE COMMISSIONER IN ANY PRIOR REQUEST FOR PROPOSALS
 PROCESS BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   2.  A.  SUBJECT  TO AN APPROPRIATION AND THE PROCEDURES ESTABLISHED IN
 THIS SECTION, THE COMMISSIONER SHALL ALLOCATE THE  FUNDS  AVAILABLE  FOR
 NYS  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. FUNDING
 SHALL BE AVAILABLE TO PREVIOUSLY  FUNDED,  APPROVED  PROGRAMS,  AND  NEW
 PROGRAMS,  WITH  PRIORITY  GIVEN  TO  THOSE  PROGRAMS  THAT HAVE ALREADY
 RECEIVED FUNDING.
   B. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,  A
 PROGRAM  SHALL  BE ELIGIBLE FOR FUNDING UNDER THIS SECTION AND SHALL NOT
 HAVE TO APPLY FOR FUNDING UNDER THIS SECTION  IF  IT  WAS  A  PREVIOUSLY
 FUNDED PROGRAM OR AN APPROVED NYS P-TECH PROGRAM THAT WAS FUNDED UNDER A
 PRIOR REQUEST FOR PROPOSALS PROCESS; AND ITS CONTRACTS HAVE BEEN CONTIN-
 UOUSLY  RENEWED BY THE DEPARTMENT IN ACCORDANCE WITH ALL APPLICABLE LAWS
 SINCE THE EFFECTIVE DATE OF THIS SECTION;  PROVIDED  THAT  SUCH  PROGRAM
 SHALL  MEET CERTAIN BENCHMARKS AND PROGRAM REQUIREMENTS AS PRESCRIBED BY
 THE DEPARTMENT IN ORDER  TO  DEMONSTRATE  THAT  IT  CONTINUES  TO  BE  A
 SUCCESSFUL  NYS P-TECH PROGRAM. IF THE PROGRAM FAILS TO MEET SUCH BENCH-
 MARKS AND PROGRAM REQUIREMENTS, IT MAY BE SUBJECT TO CERTAIN  CORRECTIVE
 ACTION  AS  DESCRIBED  IN  REGULATIONS  OF  THE  COMMISSIONER, WHICH MAY
 INCLUDE BUT NOT BE LIMITED TO ESTABLISHING  TIMELINES  TO  MEET  PROGRAM
 STANDARDS,  A  LIMITATION  ON  ENROLLMENT,  TERMINATION  OF THE CONTRACT
 AND/OR CLOSURE OF THE PROGRAM AND/OR  REQUIRING  A  TEACH-OUT  AGREEMENT
 WITH  AN  APPROVED  NYS  P-TECH PROGRAM TO DESCRIBE HOW STUDENTS WILL BE
 TRANSFERRED TO SUCH PROGRAM UPON CLOSURE.
   C. ANY NYS P-TECH PROGRAM APPROVED PURSUANT TO  A  PRIOR  REQUEST  FOR
 PROPOSALS PROCESS SHALL NOT BE REQUIRED TO RE-APPLY FOR FUNDS UNDER THIS
 SECTION UNLESS THEY ARE OFFERING A NEW NYS P-TECH PROGRAM, AS DETERMINED
 BY THE COMMISSIONER.
   3.  A.  SUBJECT TO AN APPROPRIATION THE COMMISSIONER SHALL MAKE AWARDS
 TO ELIGIBLE APPLICANTS FOR THE ESTABLISHMENT OF NEW NYS P-TECH  PROGRAMS
 THROUGH A COMPETITIVE REQUEST FOR PROPOSALS PROCESS.
   B.  THE  COMMISSIONER SHALL PRIORITIZE ELIGIBLE APPLICANTS THAT DEMON-
 STRATE THE WILLINGNESS AND CAPACITY TO  SERVE  STUDENTS  WHO  HAVE  BEEN

 S. 8700--A                          5
 
 IDENTIFIED AS ECONOMICALLY DISADVANTAGED AND/OR ACADEMICALLY AT-RISK FOR
 NOT  SUCCESSFULLY COMPLETING HIGH SCHOOL OR NOT ENROLLING IN OR SUCCEED-
 ING IN COLLEGE.
   C.  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 IN ACCORDANCE WITH THE REGULATIONS
 OF THE COMMISSIONER.
   4. A. MONIES MADE AVAILABLE UNDER THIS SECTION SHALL BE SPENT FOR  THE
 FOLLOWING  PURPOSES,  AS FURTHER PRESCRIBED BY THE COMMISSIONER IN REGU-
 LATIONS OF THE COMMISSIONER:
   (I) TO PROVIDE ADDITIONAL STAFFING FOR THE NYS P-TECH PROGRAM, INCLUD-
 ING BUT NOT LIMITED TO A PROGRAM DIRECTOR AND COLLEGE LIAISON;
   (II) FOR AN EXISTING EVIDENCE-BASED AND/OR STANDARDS BASED  CURRICULUM
 INCLUDING BUT NOT LIMITED TO A FOCUS ON A CAREER IN SCIENCE, TECHNOLOGY,
 ENGINEERING, OR MATH-RELATED CAREER AREA WITHIN A NYS P-TECH PROGRAM;
   (III) FOR RECRUITMENT ACTIVITIES FOR ELIGIBLE STUDENTS;
   (IV)  TO  PROVIDE  PROFESSIONAL  DEVELOPMENT TO PROMOTE THE NYS 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;
   (V) UP TO TEN PERCENT OF FUNDS AWARDED UNDER THIS SECTION MAY BE  USED
 TO  PURCHASE EQUIPMENT NEEDED TO UPGRADE EXISTING PROGRAMS OR NEW EQUIP-
 MENT TO START A PROGRAM; PROVIDED THAT A  PROGRAM  MAY  SEEK  PERMISSION
 FROM  THE  COMMISSIONER  FOR  A  WAIVER OF THE TEN PERCENT CAP, AND SUCH
 REQUEST MUST INCLUDE A JUSTIFICATION FOR WHY EQUIPMENT IN EXCESS OF  THE
 CAP IS NECESSARY TO ACCOMPLISH THE GOALS OF THE NYS P-TECH PROGRAM;
   (VI)  FOR  WORKSHOPS AND PLANNING MEETINGS BETWEEN PARTNERS, INCLUDING
 COUNSELORS, PARENTS,  AND  COLLEGE  FACULTY,  AND  BUSINESS  LEADERS  TO
 SUPPORT  PROGRAM  SUSTAINABILITY  AND BUILD AWARENESS IN THE DISTRICT ON
 THE BENEFITS OF HAVING SUCH PROGRAMS;
   (VII)  FOR  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;
   (VIII) FOR SERVICE CONTRACTS BETWEEN MEMBERS OF THE PARTNERSHIP;
   (IX) FOR TRANSPORTATION FOR ELIGIBLE  STUDENTS  TO  TAKE  COURSES  AND
 PARTICIPATE  IN ACTIVITIES AT THE NYS P-TECH SITE, AT PARTNER EMPLOYERS'
 LOCATIONS, AND AT THE PARTNER CAMPUS OF THE  HIGHER  EDUCATION  PARTNER;
 AND
   (X)  FOR  TUITION, BOOKS AND FEES; PROVIDED THAT TUITION REIMBURSEMENT
 SHALL ONLY BE ALLOWABLE FOR NON-REMEDIAL, CREDIT-BEARING COLLEGE  COURS-
 ES.
   B.  NO  FUNDS  PURSUANT  TO  THIS  SECTION  SHALL BE MADE AVAILABLE TO
 SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY SCHOOL DISTRICT OR INSTITU-
 TION OR INSTITUTIONS PARTICIPATING IN THIS PROGRAM, NOR SHALL  FUNDS  BE
 PROVIDED  FOR PROGRAMS WHICH ARE INCOMPATIBLE WITH THE REGENTS PLANS FOR
 THE EXPANSION AND DEVELOPMENT OF HIGHER EDUCATION IN THIS STATE.
   § 2. This act shall take effect on the first of April next  succeeding
 the  date  upon  which it shall have become a law. Effective immediately
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made on or before such date.

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