The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  552--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER,  STAVISKY,  GAUGHRAN, LIU, MANNION -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Higher Education -- recommitted to the Committee on High-
   er  Education  in  accordance  with Senate Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02620-02-2
 S. 552--A                           2
 
 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
 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-TWO--TWO THOUSAND TWENTY-THREE 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-ONE--TWO THOUSAND TWENTY-TWO ACADEMIC YEAR OR THERE-
 AFTER;
   (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.
 S. 552--A                           3
 
   §  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
 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 on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for implementation of this act on its effective date are  authorized  to
 be made on or before such date.