S T A T E O F N E W Y O R K
________________________________________________________________________
8405
I N S E N A T E
January 26, 2024
___________
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 including underrepre-
sented ethnic groups in the admission criteria for the science and
technology entry program and collegiate science and technology entry
program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. Representation in the workforce is
critical, especially in New York's healthcare workforce. A 2017 study
published in the Journal of General Internal Medicine found that Black
and Hispanic patients were more likely to report feeling comfortable
discussing sensitive topics with a provider of the same race or ethnici-
ty. A 2019 study published in the Journal of Health Care Administration
found that culturally competent care was associated with improved
patient satisfaction, adherence to treatment, and health outcomes.
Further a 2020 report by the National Academies of Sciences, Engineer-
ing, and Medicine found that a diverse healthcare workforce can improve
access to care for underserved populations. These benefits are not
limited to healthcare. A 2017 study published in Nature and a 2019 study
in the Harvard Business Review found that diverse teams outperform
homogenous teams in terms of creativity and problem-solving. This means
that the health and economic future of our state is dependent on the
diversity of our workforce.
The Science and Technology Entry Program (STEP) and Collegiate Science
and Technology Entry Program (CSTEP) have a successful history of bring-
ing underrepresented students into science, technology, engineering, and
math (STEM), licensed professions and health professions fields. These
programs create academic opportunities for students who have faced
disadvantages and discrimination. To ensure that these programs can
continue to fulfill their mission of delivering opportunity and equity
to students, the programs' admissions criteria must be updated to be in
line with recent legal findings.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14240-01-4
S. 8405 2
The STEP and CSTEP admissions criteria must allow for admission of any
student from any group underrepresented in a STEM, licensed profession
field or health profession field. This will require that the New York
State Board of Regents identify underrepresentation in eligible career
fields prior to the periodic release of RFPs for STEP and CSTEP. Under-
representation shall be determined using available workforce statistics
and defined in rules. This determination will provide "focused and meas-
urable objectives" (as required by the U.S. Supreme Court) while also
having a definable endpoint: the correction of underrepresentation in a
specific professional field reviewed on a regular basis (the contractual
period defined by an individual RFP).
Every ethnic or racial group is underrepresented in various workforce
fields in New York. STEP and CSTEP will help rectify that issue and
ultimately root out the pernicious impact of underrepresentation in
various professions.
§ 2. Subdivisions 1 and 5 of section 6454 of the education law, as
added by chapter 31 of the laws of 1985, subparagraph 4 of paragraph a
of subdivision 5 as amended by chapter 439 of the laws of 1988, are
amended and a new subdivision 9 is added to read as follows:
1. As used in this section:
a. ["Council" means the council on professional career opportunity
created pursuant to article forty-four of the executive law;
b.] "Eligible students" shall mean secondary school students INTER-
ESTED IN PURSING A CAREER IN AN ELIGIBLE PROFESSION AS DEFINED IN PARA-
GRAPH C OF THIS SUBDIVISION, who are either economically disadvantaged
or [minorities historically] A MEMBER OF AN ETHNIC GROUP THAT IS under-
represented in the [scientific, technical, health, and health-related
professions as defined by the regents after consultation with the coun-
cil; and] ELIGIBLE PROFESSION THEY ARE INTERESTED IN PURSUING.
[c.] B. "Eligible applicant" shall mean an institution of postsecon-
dary education or a consortia of such institutions.
C. "ELIGIBLE PROFESSION" SHALL MEAN A SCIENTIFIC, TECHNICAL, HEALTH,
HEALTH-RELATED PROFESSION OR ANY PROFESSION LICENSED PURSUANT TO TITLE
EIGHT OF THIS CHAPTER.
5. a. Grants shall be awarded to eligible applicants based upon crite-
ria established by the commissioner after consultation with the council,
including, but not limited to, the following:
(1) an established record of conducting effective collaborative educa-
tional programs with neighboring secondary schools;
(2) the ability and willingness to cooperate with other postsecondary
institutions in operating a program funded pursuant to this section; AND
(3) the capacity to secure or provide additional support in amounts
equal to at least twenty-five percent of the grant sought under this
section through private and other governmental sources and through
in-kind services[;
(4) a location within a school district with an enrollment comprised
of at least twenty percent minority group students or a location near
such a district that is accessible by public transportation].
b. [The commissioner shall select the grant recipients after consulta-
tion with the council.] To the fullest extent practicable the commis-
sioner [and the council] shall ensure that grants are awarded to eligi-
ble applicants in a diversity of regions of the state.
9. THE DEPARTMENT SHALL PERIODICALLY REVIEW WORKFORCE DATA TO DETER-
MINE LEVELS OF ETHNIC REPRESENTATION IN ELIGIBLE PROFESSIONS.
§ 3. Subdivisions 1, 2 and 3 of section 6455 of the education law, as
added by chapter 285 of the laws of 1986, paragraph (a) of subdivision 2
S. 8405 3
and paragraph (a) of subdivision 3 as amended by chapter 26 of the laws
of 2019, and the opening paragraph of subparagraph (ii) of paragraph (a)
of subdivision 2 and the opening paragraph of subparagraph (ii) of para-
graph (a) of subdivision 3 as amended by chapter 669 of the laws of
2022, are amended to read as follows:
1. General requirements. The commissioner shall award grants to
degree-granting institutions in New York or to consortia of such insti-
tutions to be used for the purpose of increasing access by [minority]
UNDERREPRESENTED or disadvantaged students to academic programs that
have been registered by the commissioner and that prepare students
either for licensure in the professions or for employment in scientific
and technical fields.
2. Undergraduate programs. (a) (i) Undergraduate science and technol-
ogy entry program moneys may be used for tutoring, counseling, remedial
and special summer courses, supplemental financial assistance, program
administration, and other activities which the commissioner may deem
appropriate. To be eligible for undergraduate collegiate science and
technology entry program support, a student must be a resident of New
York, or meet the requirements of subparagraph (ii) of this paragraph,
and must be either economically disadvantaged or [from a minority] A
MEMBER OF AN ETHNIC group [historically under represented in the scien-
tific, technical, health and health-related professions] THAT IS UNDER-
REPRESENTED IN THE ELIGIBLE PROFESSION OR FIELD THEY ARE PURSUING, AS
DEFINED BY THE REGENTS PRIOR TO THE RELEASE OF PERIODIC APPLICATIONS FOR
FUNDING, and must demonstrate interest in and a potential for a profes-
sional career if provided special services. Eligible students must be in
good academic standing, enrolled full time in an approved, undergraduate
level program of study, as defined by the regents.
(ii) An applicant who is not a legal resident of New York state, but
who is a United States citizen, a permanent lawful resident, an individ-
ual who is granted U or T non-immigrant status pursuant to the Victims
of Trafficking and Violence Protection Act of 2000, a person granted
temporary protected status pursuant to the Federal Immigration Act of
1990, an individual of a class of refugees paroled by the attorney
general of the United States under his or her parole authority pertain-
ing to the admission of noncitizens to the United States, or an appli-
cant without lawful immigration status, shall be eligible for an award
at the undergraduate level of study provided that the student:
(1) attended a registered New York state high school for two or more
years, graduated from a registered New York state high school and
applied for attendance at the institution of higher education for the
undergraduate study for which an award is sought within five years of
receiving a New York state high school diploma; or
(2) attended an approved New York state program for a state high
school equivalency diploma, received a state high school equivalency
diploma and applied for attendance at the institution of higher educa-
tion for the undergraduate study for which an award is sought within
five years of receiving a state high school equivalency diploma; or
(3) is otherwise eligible for the payment of tuition and fees at a
rate no greater than that imposed for resident students of the state
university of New York, the city university of New York or community
colleges as prescribed in subparagraph eight of paragraph h of subdivi-
sion two of section three hundred fifty-five or paragraph (a) of subdi-
vision seven of section sixty-two hundred six of this chapter.
Provided, further, that a student without lawful immigration status
shall also be required to file an affidavit with such institution of
S. 8405 4
higher education stating that the student has filed an application to
legalize his or her immigration status, or will file such an application
as soon as he or she is eligible to do so.
(b) Applications for funding shall be submitted by eligible insti-
tutions to the department in accordance with requirements established by
the commissioner. Priority consideration shall be given to institutions
which coordinate their efforts to increase [minority access] REPRESEN-
TATION OF UNDERREPRESENTED ETHNIC GROUPS with similar activities for
programs at the secondary level in accordance with this section. Grants
shall be awarded based on criteria established by the commissioner.
3. Graduate programs. (a) (i) Graduate science and technology entry
program moneys may be used for recruitment, academic enrichment, career
planning, supplemental financial assistance, review for licensing exam-
inations, program administration, and other activities which the commis-
sioner may deem appropriate. To be eligible for graduate collegiate
science and technology entry program support, a student must be a resi-
dent of New York, or meet the requirements of subparagraph (ii) of this
paragraph, and must be either economically disadvantaged or [from] a
[minority] MEMBER OF AN ETHNIC group [historically] THAT IS underrepre-
sented in the [scientific, technical and health-related professions]
ELIGIBLE PROFESSION OR FIELD THEY ARE PURSUING AS DEFINED BY THE REGENTS
PRIOR TO THE RELEASE OF PERIODIC APPLICATIONS FOR FUNDING. Eligible
students must be in good academic standing, enrolled full time in an
approved graduate level program, as defined by the regents.
(ii) An applicant who is not a legal resident of New York state, but
either is a United States citizen, a permanent lawful resident, an indi-
vidual who is granted U or T non-immigrant status pursuant to the
Victims of Trafficking and Violence Protection Act of 2000, a person
granted temporary protected status pursuant to the Federal Immigration
Act of 1990, an individual of a class of refugees paroled by the attor-
ney general of the United States under his or her parole authority
pertaining to the admission of noncitizens to the United States, or an
applicant without lawful immigration status shall be eligible for an
award at the graduate level of study provided that the student:
(1) attended a registered approved New York state high school for two
or more years, graduated from a registered New York state high school
and applied for attendance at the institution of higher education for
the graduate study for which an award is sought within ten years of
receiving a New York state high school diploma; or
(2) attended an approved New York state program for a state high
school equivalency diploma, received a state high school equivalency
diploma and applied for attendance at the institution of higher educa-
tion for the graduate study for which an award is sought within ten
years of receiving a state high school equivalency diploma; or
(3) is otherwise eligible for the payment of tuition and fees at a
rate no greater than that imposed for resident students of the state
university of New York, the city university of New York or community
colleges as prescribed in subparagraph eight of paragraph h of subdivi-
sion two of section three hundred fifty-five or paragraph (a) of subdi-
vision seven of section sixty-two hundred six of this chapter.
Provided, further, that a student without lawful immigration status
shall also be required to file an affidavit with such institution of
higher education stating that the student has filed an application to
legalize his or her immigration status, or will file such an application
as soon as he or she is eligible to do so.
S. 8405 5
(b) Applications for funding shall be made by eligible institutions in
accordance with requirements established by the commissioner. Grants
shall be awarded based on criteria established by the commissioner.
Priority consideration shall be given to institutions which coordinate
their efforts to increase [minority access] REPRESENTATION OF UNDERREP-
RESENTED ETHNIC GROUPS with similar activities at the undergraduate
level.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
