S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7791
 
                             I N  S E N A T E
 
                             February 20, 2020
                                ___________
 
 Introduced  by  Sens. MAYER, STAVISKY -- 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  tuition  assistance
   program awards for dual or concurrent enrollment coursework
 
   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 a new  article  13-C
 to read as follows:
                               ARTICLE 13-C
           TUITION ASSISTANCE PROGRAM AWARDS FOR DUAL ENROLLMENT
                                COURSEWORK
 SECTION 640. TUITION  ASSISTANCE  PROGRAM  AWARDS FOR DUAL OR CONCURRENT
                ENROLLMENT COURSEWORK.
   § 640. TUITION  ASSISTANCE  PROGRAM  AWARDS  FOR  DUAL  OR  CONCURRENT
 ENROLLMENT  COURSEWORK.  1.  LEGISLATIVE  INTENT. THE LEGISLATURE HEREBY
 FINDS AND DECLARES IT NECESSARY TO PROMOTE ON TIME AND EARLY  GRADUATION
 THROUGH  SUPPORTING  ACCESS  TO COLLEGE-LEVEL COURSES AND COLLEGE DEGREE
 CREDITS AT  THE  SECONDARY  LEVEL  WITH  INNOVATIVE  PARTNERSHIPS  AMONG
 SECONDARY  AND POST-SECONDARY SCHOOLS, STAFF AND RESOURCES. THE LEGISLA-
 TURE ALSO VALUES EARLY COLLEGE HIGH SCHOOL  PROGRAMS,  P-TECH  PROGRAMS,
 AND OTHER DUAL OR CONCURRENT ENROLLMENT PROGRAMS WHICH NOT ONLY INCREASE
 STUDENTS'  ACCESS  TO  HIGHER EDUCATION, BUT ALSO REDUCE 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 TOWARD A BACCALAUREATE DEGREE.  THIS  LEGISLATION
 PROVIDES  INCENTIVES  FOR HIGH SCHOOL STUDENTS TO PROCEED TO COLLEGE AND
 TO EARN A COLLEGE DEGREE BY ACCELERATING  THEIR  OVERALL  COMPLETION  OF
 SUCH  A  DEGREE.  IT  ALSO  BETTER  PREPARES  HIGH  SCHOOL  STUDENTS FOR
 COLLEGE-LEVEL COURSEWORK, WHICH WILL IN TURN,  INCREASE  THEIR  ACADEMIC
 PERFORMANCE. ULTIMATELY, DUAL OR CONCURRENT ENROLLMENT PROGRAMS INCREASE
 GRADUATION RATES BOTH AT THE HIGH SCHOOL AND COLLEGE LEVELS.
   THE  LEGISLATURE  HEREBY  FINDS  AND  DECLARES IT NECESSARY TO PROVIDE
 FUNDING FOR DUAL OR CONCURRENT ENROLLMENT PROGRAMS TO ENSURE  ACCESS  TO
 HIGH  QUALITY  PROGRAMMING  THAT  CONTINUES TO INNOVATE AND CONTINUES TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13756-06-0

 S. 7791                             2
 
 GROW THROUGH PERFORMANCE BASED RESULTS.    STUDENTS  WILL  REQUIRE  LESS
 TUITION ASSISTANCE FUNDS (TAP) TO COMPLETE THEIR DEGREE AT THE POST-SEC-
 ONDARY LEVEL AND POTENTIALLY AVOID  NEW DEBT.
   2.  ESTABLISHMENT  OF DUAL OR CONCURRENT ENROLLMENT TUITION ASSISTANCE
 PROGRAM AWARDS.  NOTWITHSTANDING ANY RULE, REGULATION,  OR  LAW  TO  THE
 CONTRARY, THE PRESIDENT IS HEREBY AUTHORIZED TO AWARD DUAL OR CONCURRENT
 ENROLLMENT  PROGRAM  AWARDS FOR PAYMENT ANNUALLY, BEGINNING WITH THE TWO
 THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO ACADEMIC YEAR AND  IN  EACH
 ACADEMIC YEAR THEREAFTER, THROUGH THE DEPARTMENT, TO SCHOOL DISTRICTS IN
 WHICH  DUAL OR CONCURRENT ENROLLMENT PROGRAMS ARE LOCATED, UPON APPLICA-
 TION BY SUCH SCHOOL DISTRICTS, IN SUCH AMOUNTS AS ARE AUTHORIZED  TO  BE
 PAID  BY SUBDIVISION FIVE OF THIS SECTION, AND UPON CERTIFICATION BY THE
 HIGHER EDUCATION SERVICES CORPORATION PURSUANT  TO  SUBDIVISION  ONE  OF
 SECTION SIX HUNDRED SIXTY-NINE-E OF THIS TITLE.
   3. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
   A.  "DUAL  OR  CONCURRENT ENROLLMENT PROGRAM" MEANS A PROGRAM OF STUDY
 THAT PROVIDES POST-SECONDARY  COURSEWORK  OUTSIDE  OF  A  POST-SECONDARY
 SETTING  FOR  ELIGIBLE  STUDENTS  ENROLLED  IN PROGRAMS WITH HIGH SCHOOL
 COURSES LEADING TO THE GRANTING OF A HIGH SCHOOL  DIPLOMA  AND  COLLEGE-
 LEVEL CREDIT LEADING TO THE GRANTING OF A POST-SECONDARY DEGREE, DIPLOMA
 OR  CERTIFICATE AT A POST-SECONDARY INSTITUTION. SUCH DUAL OR CONCURRENT
 ENROLLMENT PROGRAM SHALL HAVE A WRITTEN AGREEMENT  BETWEEN  THE  PARTIC-
 IPATING HIGH SCHOOL AND AN INSTITUTION OF HIGHER EDUCATION LOCATED WITH-
 IN NEW YORK STATE OUTLINING POLICIES FOR THE ACADEMIC PROGRAM INCLUDING,
 BUT NOT LIMITED TO, THE TYPE OF DEGREE AND CREDITS AWARDED.
   B. "ELIGIBLE STUDENT" MEANS A STUDENT WHO:
   (I)  HAS GRADUATED FROM A DUAL OR CONCURRENT ENROLLMENT PROGRAM IN THE
 TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE ACADEMIC YEAR OR  THEREAFT-
 ER;
   (II) IS MATRICULATED IN AN APPROVED PROGRAM LEADING TO THE GRANTING OF
 A  POST-SECONDARY  DEGREE  AT  A  POST-SECONDARY INSTITUTION ELIGIBLE TO
 PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM;
   (III) MEETS THE ELIGIBILITY CRITERIA FOR A GENERAL AWARD  PURSUANT  TO
 SECTION SIX HUNDRED SIXTY-ONE OF THIS TITLE;
   (IV)  IS  ELIGIBLE  FOR A TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO
 SECTION SIX HUNDRED SIXTY-SEVEN OF THIS TITLE; AND
   (V) HAS RECEIVED DEGREE GRANTING CREDIT FROM A POST-SECONDARY INSTITU-
 TION ELIGIBLE TO PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM  FOR  THE
 COURSEWORK  UNDERTAKEN  IN  THE  APPROVED  DUAL OR CONCURRENT ENROLLMENT
 PROGRAM.
   4. PART-TIME STUDY. A STUDENT WHO OTHERWISE SATISFIES THE  ELIGIBILITY
 REQUIREMENTS  SET  FORTH  IN  PARAGRAPH  B  OF SUBDIVISION THREE OF THIS
 SECTION AND IS ENROLLED AT LEAST HALF-TIME AT A POST-SECONDARY  INSTITU-
 TION  ELIGIBLE  TO  PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM, SHALL
 ALSO BE DEEMED AN ELIGIBLE STUDENT.
   5. AMOUNT. THE COMMISSIONER SHALL MAKE AN AWARD TO THE SCHOOL DISTRICT
 IN WHICH THE DUAL OR CONCURRENT ENROLLMENT PROGRAM IS LOCATED  FOR  EACH
 ELIGIBLE STUDENT IN AN AMOUNT CERTIFIED BY THE PRESIDENT.
   §  2.  The  education  law is amended by adding a new section 669-i to
 read as follows:
   § 669-I. DUAL OR CONCURRENT ENROLLMENT  AWARD  PROGRAM.  1.    CERTIF-
 ICATION.  FOR EACH STUDENT IDENTIFIED BY THE POST-SECONDARY INSTITUTION,
 WHICH SHALL  BE  ELIGIBLE  TO  PARTICIPATE  IN  THE  TUITION  ASSISTANCE
 PROGRAM,  SHALL  CERTIFY  TO  THE PRESIDENT: (I) WHETHER SUCH STUDENT IS
 ELIGIBLE FOR A TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION  SIX
 HUNDRED SIXTY-SEVEN OF THIS SUBPART; (II) WHETHER SUCH STUDENT MEETS THE

 S. 7791                             3
 
 ELIGIBILITY CRITERIA FOR A GENERAL AWARD PURSUANT TO SECTION SIX HUNDRED
 SIXTY-ONE  OF  THIS  PART;  (III)  WHETHER  SUCH  STUDENT  SATISFIES THE
 REQUIREMENT SET FORTH IN SUBDIVISION FOUR OF SECTION SIX  HUNDRED  FORTY
 OF  THIS  TITLE; (IV) THE NUMBER OF DEGREE GRANTING CREDITS SUCH STUDENT
 RECEIVED FROM THE POST-SECONDARY INSTITUTION FOR THE  COURSEWORK  UNDER-
 TAKEN  IN  THE DUAL OR CONCURRENT ENROLLMENT PROGRAM; AND (V) SUCH OTHER
 INFORMATION AS THE COMMISSIONER AND/OR THE PRESIDENT DEEM  NECESSARY  TO
 ADMINISTER THE PROGRAM. THE PRESIDENT SHALL CERTIFY THIS INFORMATION AND
 THE AMOUNT OF THE AWARD CALCULATED IN ACCORDANCE WITH SUBDIVISION TWO OF
 THIS SECTION TO THE COMMISSIONER.
   2.  CALCULATION  OF  AWARD AMOUNTS. THE PRESIDENT SHALL BE RESPONSIBLE
 FOR CALCULATING THE DOLLAR AMOUNT OF EACH AWARD IN AN  AMOUNT  EQUAL  TO
 THE  PRODUCT OF:   THE NUMBER OF DEGREE GRANTING CREDITS ACCEPTED BY THE
 ELIGIBLE STUDENT'S POST-SECONDARY INSTITUTION FOR COURSEWORK  UNDERTAKEN
 IN  THE  DUAL OR CONCURRENT ENROLLMENT PROGRAM FOR SUCH ELIGIBLE STUDENT
 AND THE DOLLAR AMOUNT ESTABLISHED  FOR  ONE  CREDIT  FOR  SUCH  ELIGIBLE
 STUDENT.  FOR AN ELIGIBLE STUDENT ENROLLED FULL-TIME AT A POST-SECONDARY
 INSTITUTION  ELIGIBLE  TO PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM,
 THE DOLLAR AMOUNT FOR ONE CREDIT SHALL BE ESTABLISHED  AS  THE  QUOTIENT
 OF:  THE ELIGIBLE STUDENT'S TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO
 SECTION SIX HUNDRED SIXTY-SEVEN OF THIS SUBPART; AND THE MINIMUM  NUMBER
 OF  CREDITS REQUIRED FOR FULL-TIME STUDY AS DEFINED BY THE COMMISSIONER.
 FOR AN ELIGIBLE STUDENT ENROLLED PART-TIME AT A POST-SECONDARY  INSTITU-
 TION  ELIGIBLE  TO  PARTICIPATE  IN  THE TUITION ASSISTANCE PROGRAM, THE
 DOLLAR AMOUNT FOR ONE CREDIT SHALL BE ESTABLISHED AS  THE  QUOTIENT  OF:
 THE  AVERAGE  TUITION  ASSISTANCE  PROGRAM  AWARD  PAID TO ALL PART-TIME
 TUITION ASSISTANCE PROGRAM RECIPIENTS, PURSUANT TO SECTION  SIX  HUNDRED
 SIXTY-SIX OF THIS SUBPART, FROM THE ACADEMIC YEAR TWO YEARS PRIOR TO THE
 ACADEMIC  YEAR  IN WHICH THE AWARD IS TO BE MADE; AND THE AVERAGE NUMBER
 OF CREDITS TAKEN BY SUCH RECIPIENTS.
   3. AWARD DISBURSEMENT. ANNUAL AWARD DISBURSEMENTS SHALL BE THE RESPON-
 SIBILITY OF THE COMMISSIONER THROUGH A JOINT AGREEMENT WITH  THE  PRESI-
 DENT AND SHALL BE MADE DIRECTLY TO THE SCHOOL DISTRICT IN WHICH THE DUAL
 OR  CONCURRENT ENROLLMENT PROGRAM IS LOCATED USING FUNDS APPROPRIATED TO
 THE TUITION ASSISTANCE PROGRAM.
   § 3. This act shall take effect immediately, provided that if this act
 shall have become a law on or after July 1, 2020, it shall be deemed  to
 have been in full force and effect on and after July 1, 2020.