NY State Senate Bill 2019-S2312

Senate Bill S2312

2019-2020 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 Higher Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to higher education
Jan 24, 2019	referred to higher education

co-Sponsors

2019-S2312 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §§6457 & 6458, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S8700

2019-S2312 (ACTIVE) - Summary

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

2019-S2312 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2312

SPONSOR: MONTGOMERY
 
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 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 2 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 3 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 5.4008-A (Flanagan) in 2813
and passed the Senate in 2013 and 2014.

SED Proposal No. 7 was introduced as 5.5647 (Flanagan) in 2011 and
A.9312 (Nolan) in 2012 and was referred to the respective education
committees. The bill passed the Senate in 2811 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 in 30 days.

2019-S2312 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2312
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- 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.  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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06035-01-9

 S. 2312                             2
 
 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
 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,

 S. 2312                             3

 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
 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-

 S. 2312                             4
 
 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
 IDENTIFIED AS ECONOMICALLY DISADVANTAGED AND/OR ACADEMICALLY AT-RISK FOR
 NOT SUCCESSFULLY COMPLETING HIGH SCHOOL OR NOT ENROLLING IN OR  SUCCEED-
 ING IN COLLEGE.

 S. 2312                             5
 
   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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Senate Bill S2312

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