S T A T E O F N E W Y O R K
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7248
2021-2022 Regular Sessions
I N S E N A T E
June 9, 2021
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law and the correction law, in relation to
establishing the New York quality undergraduate academic and learning
integration for incarcerated individuals (NY-QUALIFIIs) commission
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 210-d
to read as follows:
§ 210-D. NEW YORK QUALITY UNDERGRADUATE ACADEMIC AND LEARNING INTE-
GRATION FOR INCARCERATED INDIVIDUALS COMMISSION. 1. THE NEW YORK QUALITY
UNDERGRADUATE ACADEMIC AND LEARNING INTEGRATION FOR INCARCERATED INDI-
VIDUALS (NY-QUALIFIIS) COMMISSION IS HEREBY ESTABLISHED TO MAKE RECOM-
MENDATIONS TO ENSURE THAT INSTITUTIONS SEEKING TO PROVIDE POSTSECONDARY
DEGREE GRANTING AND/OR CERTIFICATION EDUCATION PROGRAMS TO INDIVIDUALS
INCARCERATED IN FACILITIES OPERATED AND CONTROLLED BY THE NEW YORK STATE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION (DOCCS) MEET QUALITY
STANDARDS ESTABLISHED BY SUCH COMMISSION PRIOR TO SUCH PROGRAMS'
APPROVAL BY SUCH DEPARTMENT.
2. (A) THE NY-QUALIFIIS COMMISSION SHALL BE COMPRISED OF THIRTEEN
VOTING AND FOUR EX-OFFICIO MEMBERS, ALL OF WHOM SHALL SERVE THREE YEAR
TERMS TO BE APPOINTED AS FOLLOWS:
(I) THREE MEMBERS TO BE APPOINTED BY THE GOVERNOR;
(II) TWO MEMBERS TO BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
(III) TWO MEMBERS TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
(IV) THE COMMISSIONER OR HIS OR HER DESIGNEE, WHO SHALL SERVE AS
CHAIR;
(V) THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION OR HIS OR HER DESIGNEE, WHO SHALL SERVE AS VICE CHAIR;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11284-04-1
S. 7248 2
(VI) THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK OR HIS OR HER
DESIGNEE;
(VII) THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK OR HIS OR HER
DESIGNEE;
(VIII) THE PRESIDENT OF THE COMMISSION ON INDEPENDENT COLLEGES AND
UNIVERSITIES OR HIS OR HER DESIGNEE;
(IX) THE PRESIDENT OF THE HIGHER EDUCATION SERVICES CORPORATION OR HIS
OR HER DESIGNEE;
(X) TWO MEMBERS WHO ARE MEMBERS OF A NOT-FOR-PROFIT ORGANIZATION OPER-
ATING IN THE FIELD OF POSTSECONDARY EDUCATION FOR INCARCERATED INDIVID-
UALS, ONE OF WHICH SHALL BE APPOINTED BY THE SENATE CHAIR OF THE COMMIT-
TEE ON HIGHER EDUCATION AND ONE OF WHICH SHALL BE APPOINTED BY THE
ASSEMBLY CHAIR OF THE COMMITTEE ON HIGHER EDUCATION, BOTH OF WHICH SHALL
SERVE AS EX-OFFICIO MEMBERS;
(XI) TWO MEMBERS WHO WERE FORMERLY INCARCERATED INDIVIDUALS WHO
PARTICIPATED IN AN EDUCATION PROGRAM WHILE INCARCERATED, ONE OF WHICH
SHALL BE APPOINTED BY THE SENATE CHAIR OF THE COMMITTEE ON HIGHER EDUCA-
TION AND ONE OF WHICH SHALL BE APPOINTED BY THE ASSEMBLY CHAIR OF THE
COMMITTEE ON HIGHER EDUCATION, BOTH OF WHICH SHALL SERVE AS EX-OFFICIO
MEMBERS.
(B) COMMISSION VACANCIES SHALL BE FILLED IN THE SAME MANNER AS
PROVIDED FOR IN THE ORIGINAL APPOINTMENTS.
(C) APPOINTMENTS TO THE NY-QUALIFIIS COMMISSION SHALL BE MADE WITHIN
NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION. THE NY-QUALIFIIS
COMMISSION MAY BEGIN ITS DUTIES WHEN A MAJORITY OF THE TOTAL NUMBER OF
POSITIONS HAVE BEEN APPOINTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
SION. THE MEMBERS OF THE NY-QUALIFIIS COMMISSION SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR EXPENSES
ACTUALLY AND NECESSARILY INCURRED BY THEM IN THE PERFORMANCE OF THEIR
DUTIES PURSUANT TO THIS SECTION.
3. (A) THE NY-QUALIFIIS COMMISSION SHALL RESEARCH AND FORMULATE RECOM-
MENDATIONS ON TOPICS INCLUDING BUT NOT LIMITED TO:
(I) THE CREATION OF UNIFORM RULES, REGULATIONS, STANDARDS, PROCESSES
AND BEST PRACTICES, THAT POSTSECONDARY EDUCATION PROGRAMS SHALL MEET TO
BE APPROVED FOR ADMITTANCE INTO CORRECTIONAL INSTITUTIONS;
(II) THE RESPONSIBILITIES OF THE DEPARTMENT AND DOCCS IN DELIVERING
POSTSECONDARY EDUCATION PROGRAMS;
(III) THE ROLE OF TECHNOLOGY IN POSTSECONDARY EDUCATION PROGRAMS IN
DOCCS FACILITIES;
(IV) THE EVALUATION OF PROCEDURES FOR DISCIPLINARY TICKETS AND PUNISH-
MENTS RELATED TO SUCH TIER LEVEL TICKETS AND ANY OTHER INSTITUTIONAL
BARRIERS THAT COULD POTENTIALLY HINDER AN INDIVIDUAL'S ACADEMIC SUCCESS;
(V) THE REVIEW OF PROGRAM APPLICATIONS TO ENSURE QUALITY POSTSECONDARY
EDUCATION PROGRAMMING AND STUDENT SUPPORT SERVICES WILL BE PROVIDED TO
INCARCERATED INDIVIDUALS;
(VI) THE VIABILITY OF EXPANDING THE USE OF TEMPORARY RELEASE OF INCAR-
CERATED INDIVIDUALS FOR POSTSECONDARY EDUCATION PROGRAMS;
(VII) THE TRANSFERABILITY OF CREDITS BETWEEN POSTSECONDARY EDUCATION
PROGRAMS IF AN INDIVIDUAL IS TRANSFERRED FROM ONE DOCCS FACILITY TO
ANOTHER;
(VIII) GUIDELINES FOR ARTICULATION AGREEMENTS AND ACCEPTANCE OF COURSE
CREDITS BETWEEN HIGHER EDUCATION INSTITUTIONS OPERATING WITHIN DOCCS
FACILITIES AND WITH OTHER NEW YORK STATE HIGHER EDUCATION INSTITUTIONS
UPON AN INDIVIDUAL'S RELEASE FROM CUSTODY;
(IX) THE CREATION OF REQUIREMENTS REGARDING THE REVIEW OF TRANSCRIPTS
BY NEW YORK STATE HIGHER EDUCATION INSTITUTIONS FOR INDIVIDUALS THAT
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HAVE RECEIVED CREDITS WHILE INCARCERATED, PROVIDED SUCH REQUIREMENTS
COMPLY WITH THE FAMILY EDUCATION RIGHTS AND PRIVACY ACT;
(X) ALIGNING AND UPDATING STANDARDS FOR EARLY RELEASE BASED ON AN
INCARCERATED INDIVIDUAL'S COMPLETION OF POSTSECONDARY EDUCATION
PROGRAMS; AND
(XI) STANDARDS FOR ASSESSING POSTSECONDARY PROGRAMS TO DETERMINE
WHETHER SUCH PROGRAMS RESULT IN CAREER READINESS AND EMPLOYABILITY OF
INCARCERATED INDIVIDUALS UPON THEIR RELEASE.
(B) THE NY-QUALIFIIS COMMISSION SHALL FOCUS ON EXPANDING ACCESS TO
QUALITY PROGRAMMING AND SHALL CONSIDER THE FUNDING AND RESOURCES NEEDED
TO ADEQUATELY PREPARE INCARCERATED INDIVIDUALS FOR SUCCESS UPON RELEASE
AND THE FUNDING AND RESOURCES NEEDED TO PROVIDE RE-ENTRY SERVICES.
(C) THE NY-QUALIFIIS COMMISSION SHALL MAKE RECOMMENDATIONS REGARDING
THE PROVISIONS OF THIS SUBDIVISION TO GUIDE THE DEPARTMENT AND THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION IN THE PROMULGATION
OF RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THIS SECTION.
4. THE NY-QUALIFIIS COMMISSION SHALL PUBLISH A REPORT OF ITS RECOMMEN-
DATIONS AND FINDINGS WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
SECTION AND EVERY FIFTH YEAR THEREAFTER, AND SHALL SUBMIT SUCH REPORT TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, AND THE CHAIRS OF THE COMMITTEE ON HIGHER EDUCATION IN EACH
HOUSE.
5. UPON THE ISSUANCE OF THE FIRST REPORT REQUIRED PURSUANT TO SUBDIVI-
SION FOUR OF THIS SECTION, THE COMMISSIONER SHALL PROMULGATE RULES AND
REGULATIONS TO GOVERN THE APPLICATION PROCESS FOR POSTSECONDARY EDUCA-
TION PROGRAMS' APPROVAL TO OPERATE IN DOCCS FACILITIES.
6. IN REVIEWING APPLICATIONS FOR APPROVAL, THE COMMISSIONER SHALL
PRIORITIZE APPLICANTS WHO MEET THE FOLLOWING CRITERIA:
(A) THE APPLICANT IS IN GOOD STANDING WITH THEIR ACCREDITING BODY;
(B) THE APPLICANT'S PROGRAM PROVIDES AN OPPORTUNITY FOR MEANINGFUL
INTERACTION BETWEEN FACULTY AND INCARCERATED STUDENTS AND BETWEEN THE
STUDENTS THEMSELVES;
(C) THE APPLICANT EMPLOYS INSTRUCTORS THAT MEET THE SAME ACADEMIC
QUALIFICATIONS AS THE INSTITUTIONS' FACULTY SERVING NON-INCARCERATED
STUDENTS AND IN ADDITION, SUCH INSTRUCTORS HAVE COMPLETED ADDITIONAL
TRAINING APPROVED BY THE DEPARTMENT RELATING TO THE UNIQUE CHALLENGES OF
PROVIDING INSTRUCTION IN CORRECTIONAL FACILITIES;
(D) THE APPLICANT PROVIDES PROGRAM OUTREACH AND ADMISSION STANDARDS
THAT ARE OPEN TO ALL INCARCERATED INDIVIDUALS REGARDLESS OF THEIR FEDER-
AL OR STATE FINANCIAL AID ELIGIBILITY; AND
(E) THE APPLICANT OFFERS COLLEGE READINESS, REMEDIATION, COUNSELING,
INCLUDING FINANCIAL AID COUNSELING AND RE-ENTRY SERVICES, INCLUDING
MENTORING AND AIDING INDIVIDUALS SEEKING TO CONTINUE THEIR EDUCATION AND
TRANSFER THEIR EARNED CREDITS.
§ 2. The correction law is amended by adding a new section 6 to read
as follows:
§ 6. REPORTING ON APPROVED POSTSECONDARY EDUCATION PROGRAMS OPERATING
WITHIN A DEPARTMENT FACILITY. 1. BEGINNING JULY FIRST, TWO THOUSAND
TWENTY-FOUR, THE COMMISSIONER SHALL REPORT TO THE COMMISSIONER OF EDUCA-
TION THE FOLLOWING INFORMATION RELATED TO APPROVED POSTSECONDARY EDUCA-
TION PROGRAMS OPERATING WITHIN A DEPARTMENT FACILITY, PROVIDED THAT THE
COMMISSIONER SHALL COMPLY WITH THE FAMILY RIGHTS AND PRIVACY ACT WHILE
COLLECTING AND DISSEMINATING SUCH INFORMATION:
(A) THE CURRENT RATE OF ENROLLMENT AND THE PROJECT ENROLLMENT RATE FOR
THE FOLLOWING YEAR;
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(B) THE DROPOUT RATE OR RATE OF DISCONTINUATION IN AN EDUCATIONAL
PROGRAM;
(C) THE COURSE COMPLETION RATE, INCLUDING THE NUMBER OF STUDENTS PASS-
ING AND FAILING;
(D) THE NUMBER OF CERTIFICATES OR DEGREES GRANTED;
(E) THE NUMBER OF STUDENTS WHO RECEIVED STATE OR FEDERAL FINANCIAL
AID;
(F) THE TYPES OF RE-ENTRY SERVICES PROVIDED AND THE NUMBER OF STUDENTS
WHO USE SUCH SERVICES;
(G) FACULTY AND STUDENT FEEDBACK REGARDING PARTICIPATION IN A PROGRAM
WHICH MAY BE OBTAINED THROUGH SURVEYS OR OTHER MEANS; AND
(H) ANY OTHER INFORMATION THE DEPARTMENT DEEMS APPROPRIATE.
2. WITHIN THREE MONTHS OF THE RECEIPT OF THE INFORMATION PROVIDED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER OF EDUCA-
TION SHALL COMPILE A REPORT TO BE SUBMITTED TO THE GOVERNOR, TEMPORARY
PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, AND CHAIRS OF THE
COMMITTEE ON HIGHER EDUCATION IN EACH HOUSE IN RELATION TO THE EFFEC-
TIVENESS AND SUCCESS OF POSTSECONDARY EDUCATION PROGRAMS IN DEPARTMENT
FACILITIES.
§ 3. Section 5 of the correction law is amended by adding a new subdi-
vision 7 to read as follows:
7. (A) THE COMMISSIONER SHALL NOT ENTER INTO ANY CONTRACTS OR AGREE-
MENTS FOR THE PROVISION OF HIGHER EDUCATION SERVICES FOR INCARCERATED
INDIVIDUALS AT CORRECTIONAL FACILITIES UNLESS SUCH EDUCATIONAL PROGRAM
HAS BEEN APPROVED BY THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION TWO
HUNDRED TEN-D OF THE EDUCATION LAW.
(B) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE
PROHIBITION CONTAINED IN THIS SUBDIVISION SHALL APPLY TO ALL CURRENT
AGREEMENTS OR CONTRACTS AND ANY AGREEMENT OR CONTRACT CURRENTLY IN
EFFECT THAT CONFLICTS WITH THIS SUBDIVISION SHALL BE NULL AND VOID.
§ 4. Section 15-b of the correction law, as amended by section 1 of
subpart B of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
§ 15-b. Education. 1. The present director of vocational education
shall be the director of education with the powers and duties of the
director of education and hereafter shall be appointed by the commis-
sioner. The director of education, at any time appointed, shall be a
person whose education, training and experience shall cover fields of
penology and of professional education. The educational qualifications
shall include the satisfactory completion of three years of graduate
work in education, penology, and allied fields. The head of the division
of education shall have the direct supervision of all educational work
in the department of corrections and community supervision and shall
have full authority to visit and inspect all institutions of the depart-
ment to observe, study, organize, and develop the educational activities
of such institutions in harmony with the general educational program of
the department. He or she shall be responsible to the commissioner and
deputy commissioner designated by the commissioner.
2. (A) THE DESIGNATED EDUCATION COORDINATOR OF EACH DEPARTMENT OPER-
ATED PRISON FACILITY SHALL COLLABORATE WITH THE NY-QUALIFIIS COMMISSION
AND DEPARTMENT OF EDUCATION PURSUANT TO SECTION TWO HUNDRED TEN-D OF THE
EDUCATION LAW TO ENSURE THAT INSTITUTIONS SEEKING TO PROVIDE POSTSECON-
DARY DEGREE GRANTING AND/OR CERTIFICATION EDUCATION PROGRAMS TO INCAR-
CERATED INDIVIDUALS MEET QUALITY STANDARDS ESTABLISHED PURSUANT TO SUCH
SECTION AND COMPLY WITH SUBDIVISION SEVEN OF SECTION FIVE OF THIS ARTI-
CLE.
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(B) THE DEPARTMENT SHALL CONTINUE TO BE RESPONSIBLE FOR THE LOGISTICAL
PLANNING AND IMPLEMENTATION OF POSTSECONDARY EDUCATION PROGRAMS IN PRIS-
ON FACILITIES TO CARRY OUT THE PROGRAM'S EFFECTIVENESS AND SUCCESS.
§ 5. This act shall take effect on the first of January next succeed-
ing the date on 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 and completed on or before such effective date.