S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4958
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Higher Education
 
 AN  ACT  to  amend  the education law, in relation to tuition assistance
   program awards for micro-credential and certificate programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 667-c of the education law, as amended by section 1
 of  part  E  of  chapter  56  of the laws of 2022, is amended to read as
 follows:
   § 667-c. Part-time tuition assistance program awards. 1. Notwithstand-
 ing any law, rule or regulation to the contrary, the  president  of  the
 higher  education  services  corporation  is  authorized to make tuition
 assistance program awards to:
   a. part-time students enrolled at the state  university,  a  community
 college,  the  city  university of New York, and a non-profit college or
 university incorporated by the regents or by the  legislature  who  meet
 all  requirements  for  tuition assistance program awards except for the
 students' part-time attendance; or
   b. part-time students enrolled at a community college in a  non-degree
 workforce  credential,  MICRO-CREDENTIAL OR CERTIFICATE program directly
 leading to the employment or advancement of a student in a  "significant
 industry"  as  identified  by  the department of labor in its three most
 recent statewide significant industries reports published preceding  the
 student's enrollment in such non-degree workforce credential, MICRO-CRE-
 DENTIAL OR CERTIFICATE program. The state university of New York and the
 city  university of New York shall publish and maintain a master list of
 all  eligible  non-degree  workforce  credential,  MICRO-CREDENTIAL   OR
 CERTIFICATE  program  courses  and  update  such  list every semester. A
 student who successfully completes a  non-degree  workforce  credential,
 MICRO-CREDENTIAL  OR  CERTIFICATE program and receives part-time tuition
 assistance program awards pursuant to this paragraph  shall  be  awarded
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08176-01-3
              

 A. 4958                             2
 
 academic  credit  by the state university of New York or city university
 of New York upon matriculation into a degree program  at  such  institu-
 tion,  provided  that  such  credit  shall be equal to the corresponding
 credit  hours  earned in the non-degree workforce credential, MICRO-CRE-
 DENTIAL OR CERTIFICATE program.
   2. For purposes of this section:
   a. for students defined in paragraph a  of  subdivision  one  of  this
 section,  a  part-time  student is one who: (i) enrolled as a first-time
 freshman during the two thousand six--two thousand seven  academic  year
 or  thereafter  at  a college or university within the state university,
 including a statutory or contract college, a  community  college  estab-
 lished  pursuant  to article one hundred twenty-six of this chapter, the
 city university of New York,  or  a  non-profit  college  or  university
 incorporated by the regents or by the legislature;
   (ii) is enrolled for at least six but less than twelve semester hours,
 or  the  equivalent,  per  semester  in an approved undergraduate degree
 program; and
   (iii) has a cumulative grade-point average of at least 2.00.
   b. for students defined in paragraph b  of  subdivision  one  of  this
 section,  a part-time student is one who: (i) meets all requirements for
 tuition assistance program awards except  for  the  student's  part-time
 attendance  and  any  other  requirements that are inconsistent with the
 student's enrollment in a non-degree workforce credential, MICRO-CREDEN-
 TIAL OR CERTIFICATE program; and
   (ii) is enrolled  in  an  approved  non-degree  workforce  credential,
 MICRO-CREDENTIAL  OR CERTIFICATE program at a community college pursuant
 to paragraph b of subdivision one of this section.
   C. MICRO-CREDENTIAL SHALL MEAN QUALIFICATIONS THAT DEMONSTRATE SKILLS,
 KNOWLEDGE, AND/OR EXPERIENCE IN A GIVEN SUBJECT AREA OR CAPABILITY.
   3. a. For part-time students defined in this section, the award  shall
 be  calculated  as  provided  in section six hundred sixty-seven of this
 article and shall be in an amount equal to the enrollment factor percent
 of the award the student would have been eligible  for  if  the  student
 were  enrolled  full-time. For part-time students defined in paragraph a
 of subdivision one of this section, the enrollment factor percent is the
 percentage obtained by dividing the number of  credits  the  student  is
 enrolled  in,  as  certified  by  the  school,  by the number of credits
 required for full-time study in the semester, quarter or term as defined
 by the commissioner. For part-time students defined in  paragraph  b  of
 subdivision  one  of this section, the enrollment factor shall be calcu-
 lated pursuant  to  regulations  established  by  the  higher  education
 services corporation.
   b.  (i)  For  part-time students defined in paragraph a of subdivision
 one of this section, any semester, quarter or term of attendance  during
 which  a  student  receives  an  award pursuant to this section shall be
 counted as the enrollment factor percent of a semester, quarter or  term
 toward  the  maximum  term  of eligibility for tuition assistance awards
 pursuant to section six hundred sixty-seven of this article.  The  total
 period  of  study  for  which  payment  may be made shall not exceed the
 equivalent of the maximum period authorized for that award.
   (ii) For part-time students defined in paragraph b of subdivision  one
 of this section, the total period of study for which payment may be made
 shall not exceed the equivalent of the maximum period authorized for the
 non-degree workforce credential, MICRO-CREDENTIAL OR CERTIFICATE program
 pursuant to paragraph b of subdivision one of this section.
 A. 4958                             3

   §  2.  Paragraphs  b-1 and b-2 of subdivision 1 of section 6304 of the
 education law, as added by section 1 of part D of chapter 57 of the laws
 of 2013, are amended to read as follows:
   b-1. (i) Notwithstanding any provision of law to the contrary, for the
 community  college fiscal year two thousand thirteen--two thousand four-
 teen and thereafter, each program that confers a credit-bearing  certif-
 icate,  an  associate of occupational studies degree, or an associate of
 applied science degree, shall demonstrate that it is preparing  students
 for current and future job opportunities by partnering with employers as
 follows:
   (A) The program is a partnership between the community college and one
 or more employers to train and employ students in a specific occupation;
   (B)  The  program has an advisory committee made up of members of whom
 the majority are employers in the occupation or  sector,  or  a  related
 sector,  or is otherwise advised by one or more employers in the occupa-
 tion or sector, that employ or will employ workers in the  region  where
 the  community  college  is located, and such committee serves to advise
 the community college on the program's curriculum,  recruitment,  place-
 ment  and  evaluation so that it remains up-to-date with employer needs;
 [or]
   (C) The program is in a high-tech sector and is in demand for  current
 or  projected  job  growth,  including  those  sectors identified by the
 regional economic development council, and  is  advised  by  current  or
 potential future employers in the occupation or sector[.]; OR
   (D)  THE PROGRAM OFFERS MICRO-CREDENTIALING, AS DEFINED IN SECTION SIX
 HUNDRED SIXTY-SEVEN-C OF THIS CHAPTER, OR CERTIFICATE PROGRAMS.
   (ii) On or before January first, two thousand fourteen for the  commu-
 nity  college  fiscal year two thousand thirteen--two thousand fourteen,
 November first, two thousand fourteen for the community  college  fiscal
 year  two  thousand fourteen--two thousand fifteen and November first of
 each community college fiscal  year  thereafter,  the  state  university
 trustees  and the city university trustees shall each submit a job link-
 age report to the director of the budget, the chairs of the  senate  and
 assembly higher education committees and the chair of the senate finance
 committee  and  the  chair  of  the  assembly  ways and means committee,
 including an accounting of full time equivalent enrollment  in  programs
 that  confer  credit-bearing  certificates,  associate  of  occupational
 studies degrees, or associate of applied science degrees, OR  ENROLLMENT
 IN MICRO-CREDENTIALING PROGRAMS, in such a form and manner as the direc-
 tor of the budget may require to verify compliance with subparagraph (i)
 of this paragraph.
   b-2.  (i) Notwithstanding any provision of law to the contrary, within
 amounts appropriated for incentive funding, the state university of  New
 York  and  city  university  of  New York shall make awards to community
 colleges from the next generation NY job linkage program incentive  fund
 based  on  measures  of  student  success  for  all students enrolled in
 programs that confer a credit-bearing certificate, an associate of occu-
 pational studies degree, [or] an associate of applied science degree, OR
 OFFERS MICRO-CREDENTIALING, including, but not limited to:
   (A) The number of students who are  employed  following  degree  [or],
 certificate  completion  OR MICRO-CREDENTIALING and their wage gains, if
 any, as determined by the department of labor, which shall be given  the
 greatest weighting among all measures of student success;
   (B)  The number of degree completions, certificate completions, MICRO-
 CREDENTIALS and student transfers to other institutions of higher educa-
 tion;
 A. 4958                             4
 
   (C) The number of degree [and], certificate completions AND MICRO-CRE-
 DENTIALS under clause (B)  of  this  paragraph  by  students  considered
 academically  at-risk  due  to  economic disadvantage or other factor of
 under-representation within the field of study; veterans; and the  disa-
 bled;
   (D)  The  number  of  students  who  make  adequate  progress  towards
 completion of a degree or certificate OR A MICRO-CREDENTIAL,  which  may
 include accelerated completion of a developmental education program;
   (E) The number of degree OR MICRO-CREDENTIAL completions in innovative
 programs  designed  to enable students to balance school, work and other
 personal responsibilities; and
   (F) The number of students engaged in career and  employment  opportu-
 nities  including  apprenticeships,  cooperative  education  programs or
 other paid work experience that is an integral part  of  their  academic
 program.
   (ii)  Awards  shall  be  made on a pro-rata basis in accordance with a
 methodology and in a form and manner developed by the  director  of  the
 budget, in consultation with the state university and city university.
   (iii) On or before December first of each year, or an alternative date
 as  determined  by  the  director of the budget in consultation with the
 state university and city university, the state university trustees  and
 the  city  university  trustees shall each submit a plan for approval by
 the director of the budget to allocate amounts available  for  the  next
 generation NY job linkage program incentive fund in accordance with this
 paragraph.
   § 3. This act shall take effect immediately.