Assembly Bill A5872

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5872
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2021
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Education
 
 AN  ACT to amend the education law, in relation to enhancing support and
   services for students with disabilities for postsecondary success
 
   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 section 6457
 to read as follows:
   § 6457. ENHANCING SUPPORT AND SERVICES FOR STUDENTS WITH  DISABILITIES
 POSTSECONDARY  SUCCESS. 1. SUBJECT TO AN APPROPRIATION, THE COMMISSIONER
 SHALL ALLOCATE FUNDS AVAILABLE FOR ENHANCING SUPPORT  AND  SERVICES  FOR
 STUDENTS  WITH  DISABILITIES  IN NEW YORK STATE DEGREE-GRANTING COLLEGES
 AND UNIVERSITIES SO THEY CAN SUCCEED IN  THEIR  EDUCATION.  SUCH  GRANTS
 SHALL BE AWARDED TO INSTITUTIONS OF THE STATE UNIVERSITY OF NEW YORK AND
 INSTITUTIONS  OF  THE  CITY UNIVERSITY OF NEW YORK, AND THE COMMISSIONER
 SHALL ENTER INTO CONTRACTS WITH DEGREE-GRANTING COLLEGES  AND  UNIVERSI-
 TIES  IN  NEW  YORK  STATE  THAT  ARE CURRENTLY FUNDED UNDER THE TUITION
 ASSISTANCE PROGRAM UNDER  ARTICLE  FOURTEEN  OF  THIS  CHAPTER  FOR  THE
 PURPOSES  OF PROVIDING ADDITIONAL SERVICES AND EXPENSES TO EXPAND OPPOR-
 TUNITIES FOR STUDENTS WITH DISABILITIES.
   2. FOR THE PURPOSES OF THIS SECTION "STUDENTS WITH DISABILITIES" SHALL
 MEAN STUDENTS WHO HAVE A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIAL-
 LY LIMITS ONE OR MORE MAJOR LIFE ACTIVITY, A RECORD OF SUCH  IMPAIRMENT,
 OR  BEING  REGARDED  AS HAVING SUCH IMPAIRMENT AND WHO ARE ENROLLED IN A
 DEGREE-GRANTING INSTITUTION.
   3. (A) FUNDS APPROPRIATED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND
 TWENTY-TWO ACADEMIC YEAR AND THEREAFTER FOR THE PURPOSE OF  THIS  INITI-
 ATIVE  SHALL  BE ALLOCATED UPON SUCCESSFUL APPLICATION THROUGH A PROCESS
 DEVELOPED BY THE COMMISSIONER, PROPORTIONALLY  TO  EACH  DEGREE-GRANTING
 INSTITUTION  OF  HIGHER  EDUCATION IDENTIFIED IN SUBDIVISION ONE OF THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09092-01-1
              

 A. 5872                             2
 
 SECTION WHICH SHALL BE DETERMINED BASED UPON THE DATA SUBMITTED ANNUALLY
 BY THE INSTITUTION TO THE COMMISSIONER.
   (B)  FUNDS  SHALL BE AWARDED TO ELIGIBLE INSTITUTIONS DIRECTLY AND NOT
 THROUGH ENTITIES THAT DO NOT DIRECTLY ENROLL STUDENTS.
   4. FUNDS SHALL BE AWARDED THROUGH A FORMULA IN EQUAL AMOUNT PER  IDEN-
 TIFIED  STUDENT WITH A DISABILITY TO EACH INSTITUTION ELIGIBLE FOR FUND-
 ING. THE NUMBER OF STUDENTS WITH A DISABILITY AT EACH INSTITUTION  SHALL
 BE  DETERMINED BASED UPON THE DATA SUBMITTED ANNUALLY BY THE INSTITUTION
 TO THE COMMISSIONER.
   5. MONEYS MADE AVAILABLE TO INSTITUTIONS UNDER THIS SECTION  SHALL  BE
 SPENT FOR THE FOLLOWING PURPOSES:
   (A)  TO  SUPPLEMENT  FUNDING FOR SUPPORT AND ACCOMMODATION OF STUDENTS
 WITH DISABILITIES, TO EXPAND SUPPORT AND SERVICES PROVIDED AT THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE  CITY  UNIVERSITY OF NEW YORK, AND OTHER
 DEGREE-GRANTING HIGHER EDUCATION INSTITUTIONS;
   (B) TO SUPPORT SUMMER COLLEGE PREPARATION PROGRAMS TO ASSIST  INDIVID-
 UALS  WITH DISABILITIES IN TRANSITIONING TO COLLEGE, AND PREPARE THEM TO
 NAVIGATE CAMPUS FACILITIES AND SYSTEMS;
   (C) TO PROVIDE FULL AND PART-TIME  FACULTY  AND  STAFF  AT  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE  CITY  UNIVERSITY OF NEW YORK, AND OTHER
 DEGREE-GRANTING HIGHER EDUCATION INSTITUTIONS WITH DISABILITY  TRAINING;
 AND
   (D) TO IMPROVE THE IDENTIFICATION PROCESS OF INDIVIDUALS WITH DISABIL-
 ITIES  AND  ENHANCE DATA COLLECTION CAPABILITIES AT THE STATE UNIVERSITY
 OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK, AND OTHER  DEGREE-GRANTING
 HIGHER EDUCATION INSTITUTIONS.
   6. ELIGIBLE INSTITUTIONS SHALL FILE AN APPLICATION FOR APPROVAL BY THE
 COMMISSIONER  NO  LATER  THAN THE FIRST OF MAY EACH YEAR DEMONSTRATING A
 NEED FOR SUCH FUNDING, INCLUDING, BUT NOT LIMITED TO,  HOW  THE  FUNDING
 WOULD  BE USED AND HOW MANY STUDENTS WITH DISABILITIES WOULD BE ASSISTED
 WITH SUCH FUNDING. THE COMMISSIONER SHALL REVIEW  ALL  APPLICATIONS  FOR
 COMPLIANCE  WITH  ALL  ELIGIBILITY  CRITERIA  AND OTHER REQUIREMENTS SET
 FORTH IN REGULATIONS OF THE COMMISSIONER. SUCCESSFUL APPLICANTS SHALL BE
 FUNDED AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
   7. NO FUNDS PURSUANT TO  THIS  SECTION  SHALL  BE  MADE  AVAILABLE  TO
 SUPPORT  THE  REGULAR ACADEMIC PROGRAMS OF ANY INSTITUTION PARTICIPATING
 IN THIS PROGRAM.
   § 2. This act shall take effect immediately.