Senate Bill S7892

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7892
 
                             I N  S E N A T E
 
                             February 28, 2020
                                ___________
 
 Introduced  by Sen. 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 the criteria for which
   a student can qualify for educational opportunity through  the  Arthur
   O. Eve opportunity for higher education program

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 3 and 4 of section 6451  of  the  education
 law, subdivisions 1 and 4 as amended by chapter 917 of the laws of 1970,
 subdivision  3  as  amended by chapter 494 of the laws of 2016 and para-
 graph d of subdivision 3 as amended by chapter 26 of the laws  of  2019,
 are amended to read as follows:
   1.  To  advance  the cause of educational opportunity in higher educa-
 tion, the commissioner may  contract  with  non-public  institutions  of
 higher  education for the support of special programs for the screening,
 testing, counseling, tutoring of, and, assistance to, residents  of  the
 state  who  are, (1) graduates of an approved high school or individuals
 who have attained a New York state high school  equivalency  diploma  or
 its  equivalent,  as  determined  by  the commissioner, (2) who have THE
 INTELLECTUAL potential for the successful completion of a post secondary
 program BUT NOT THE ACADEMIC PREPAREDNESS FOR THE INSTITUTION  IN  WHICH
 THEY ARE APPLYING, and (3) [are economically and educationally disadvan-
 taged]  DEMONSTRATE A FAMILY HISTORY OF HIGH ECONOMICAL NEED, as defined
 by the regents.
   3. Moneys made available to institutions through  contracts  shall  be
 spent only for the following purposes:
   a.  Special testing, counseling and guidance services in the course of
 screening potential enrollees;
   b. Remedial courses, developmental or compensatory courses and  summer
 classes for such students;
   c.  Special  tutoring,  counseling  and  guidance  services  for  such
 enrolled students;
   d. Any necessary supplemental financial assistance, which may  include
 the  cost of books and necessary maintenance for such enrolled students,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15349-02-0

 S. 7892                             2
 
 including students without lawful immigration status provided  that  the
 student  meets  the requirements set forth in subparagraph (ii) of para-
 graph a or subparagraph (ii) of  paragraph  b  of  subdivision  five  of
 section  six hundred sixty-one of this chapter, as applicable; provided,
 however, that such supplemental financial assistance shall be  furnished
 pursuant  to  criteria promulgated by the commissioner with the approval
 of the director of the budget;
   e. Partial reimbursement for  tuition  for  regular  academic  courses
 pursuant to criteria promulgated by the commissioner;
   f. Student travel for academic activities or conferences;
   g.  Expenses  related  to  helping  students apply for and prepare for
 graduate or professional school; and
   h. The hiring of enrolled students participating in an Arthur  O.  Eve
 opportunity for higher education work-study program.
   4.   The  commissioner  shall  promulgate  regulations  requiring  the
 submission [to him] by any institution intending to  contract  with  the
 state  for  assistance  pursuant to this section of reports in such form
 and containing such information as [he] THE COMMISSIONER shall  require,
 concerning,  but  not  limited  to, such matters as a description of the
 proposed program, estimated costs, objectives, the extent of the  insti-
 tution's  support  of such program and similar programs and the progress
 of students in such programs,  and  the  commissioner  shall  take  such
 factors  into  account  in  determining whether to enter into a contract
 with such institution and the terms and conditions thereof.
   § 2.  Subdivision 1 of section 6452 of the education law, as added  by
 chapter 917 of the laws of 1970, is amended to read as follows:
   1.  To provide additional educational opportunity at the state univer-
 sity of New York and the city university of New York, such  institutions
 shall  provide  special programs for the screening, testing, counseling,
 and tutoring of, and assistance to, residents of the state who are,  (1)
 graduates  of an approved high school or individuals who have attained a
 New York state high school equivalency diploma  or  its  equivalent,  as
 determined  by the commissioner, (2) who have THE INTELLECTUAL potential
 for the successful completion of a post secondary program  BUT  NOT  THE
 ACADEMIC  PREPAREDNESS  FOR  THE INSTITUTION IN WHICH THEY ARE APPLYING,
 and (3) [are economically and educationally disadvantaged] DEMONSTRATE A
 FAMILY HISTORY OF HIGH ECONOMICAL NEED.
   § 3. The education law is amended by adding a new section 6457 to read
 as follows:
   § 6457. UPDATING OUTDATED REFERENCES. THE  COMMISSIONER  SHALL  REVIEW
 AND  REVISE EXISTING RULES AND REGULATIONS RELATING TO THE ARTHUR O. EVE
 OPPORTUNITY  FOR  HIGHER  EDUCATION  PROGRAM  TO  REMOVE  REFERENCES  TO
 STUDENTS  AS  ECONOMICALLY  OR  EDUCATIONALLY  DISADVANTAGED. SUCH TERMS
 SHALL BE REPLACED WITH "DEMONSTRATES A FAMILY HISTORY OF HIGH ECONOMICAL
 NEED" AND "EDUCATIONALLY UNDERSERVED" AS APPROPRIATE. ALL CHANGES  SHALL
 BE MADE IN COMPLIANCE WITH EXISTING LAW CONTAINED IN THIS ARTICLE.
   § 4. This act shall take effect immediately.