Assembly Bill A10493

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10493
 
                           I N  A S S E M B L Y
 
                               March 6, 2026
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT  to  amend the education law, in relation to enacting the "Percy
   Ellis Sutton search for education,  elevation  and  knowledge  program
   protection  and accountability act of 2026" which strengthens legisla-
   tive oversight, fiscal transparency, and equitable  administration  of
   the SEEK program at the city university of New York
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the  "Percy  Ellis  Sutton search for education, elevation and knowledge
 program protection and accountability act of 2026".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares:
   a. The Percy Ellis Sutton search for education,  elevation  and  know-
 ledge (SEEK) program was established by statute in 1966 to expand educa-
 tional  opportunities  for  economically  disadvantaged and academically
 underprepared students who would not otherwise be admitted to  the  city
 university of New York.
   b.  In  2026,  the SEEK program enters its sixtieth year of operation,
 having served as the national model for high-impact, wrap-around, holis-
 tic student support services that ensure academic success for disenfran-
 chised New Yorkers of all races and backgrounds.
   c. The SEEK program provides direct access  to  baccalaureate  degrees
 for  students who otherwise would not be admitted to the institution and
 helps mitigate the social and economic costs  to  the  state  associated
 with generational poverty and educational opportunity gaps.
   d.  The  SEEK  program  serves a critical population including out-of-
 school, out-of-work youth and individuals whose life patterns are  char-
 acterized by historical economic and educational disadvantages.
   e.  Despite sustained and increased legislative appropriations for the
 SEEK program, the legislature has observed concerning patterns of admin-
 istrative erosion, including: the omission of SEEK from university stra-
 tegic planning documents; outdated institutional guidelines dating  back
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14067-03-6
 A. 10493                            2
 
 thirty years; high turnover in central administrative leadership result-
 ing  in  loss  of  institutional  knowledge and programmatic continuity;
 persistent delays in  allocation  of  funds  to  programs;  inconsistent
 staffing  patterns; diminishment in stature and downgrading of SEEK from
 departments into programs; and the lack of  investment  in  professional
 development,  academic advancement, or scholarship incentives that would
 enhance staff expertise and program quality.
   f. These  conditions  are  inconsistent  with  legislative  intent  to
 provide equal educational opportunity to students who have faced system-
 ic  barriers  to  higher  education  and to address generational poverty
 through accessible pathways to degree completion.
   g. The legislature possesses constitutional and statutory authority to
 oversee and direct the use of state appropriations and  to  ensure  that
 legislative  appropriations  for  SEEK  are fully and equitably adminis-
 tered, that SEEK remains central to the city university's  mission,  and
 that  the  program's  outcomes  are  transparent  and accountable to the
 public.
   h. The purpose of this act is to preserve, strengthen, and protect the
 SEEK program; to ensure equitable allocation  of  legislative  appropri-
 ations;  to  prohibit  program elimination or merger without legislative
 approval; and to strengthen accountability  through  enhanced  oversight
 and reporting.
   §  2.  Paragraph  a  of subdivision 3 of section 6206 of the education
 law, as added by chapter 305 of the laws of 1979, is amended to read  as
 follows:
   a.  The  board  of  trustees shall, once every four years, formulate a
 long-range city university plan or general  revision  thereof  and  make
 recommendations  to the board of regents, for the organization, develop-
 ment and coordination of the city university. The plan  and  recommenda-
 tions shall include but not be limited to the following:
   (1) Plans for new curricula,
   (2) Plans for new facilities,
   (3) Plans for change in policies with respect to student admissions,
   (4) Potential student enrollments,
   (5) Comments upon its relationship to other colleges and universities,
 public and private, within the state, [and]
   (6)  For informational purposes only, projection standards and overall
 expenditure projections of capital and operating costs, AND
   (7) PLANS FOR THE PERCY ELLIS SUTTON SEARCH FOR  EDUCATION,  ELEVATION
 AND  KNOWLEDGE PROGRAM, INCLUDING MEASURABLE GOALS FOR SUCH PROGRAM, AND
 IDENTIFICATION OF THE SYSTEMWIDE SEEK PROGRAM GUIDELINES  IN  EFFECT  AT
 THE  TIME  OF  SUCH PLAN, INCLUDING THE DATE OF THE MOST RECENT REVISION
 THEREOF.
   The plan shall be in such form as to provide a basis for the  develop-
 ment  of  the  regents statewide plan for higher education as defined in
 section two hundred thirty-seven of this chapter. Prior to  transmitting
 their  long-range  plan  or  general  revisions  thereof to the board of
 regents, to the temporary president of the senate, and to the speaker of
 the assembly, the board of trustees  shall,  after  giving  due  notice,
 conduct one or more hearings on such plan.
   § 3. The education law is amended by adding a new section 6235 to read
 as follows:
   §  6235.  PERCY ELLIS SUTTON SEARCH FOR EDUCATION, ELEVATION AND KNOW-
 LEDGE PROGRAM. THE PERCY ELLIS SUTTON SEARCH  FOR  EDUCATION,  ELEVATION
 AND  KNOWLEDGE  PROGRAM,  HEREINAFTER REFERRED TO AS "THE SEEK PROGRAM",
 PROVIDED BY THE CITY UNIVERSITY PURSUANT TO SECTION  SIXTY-FOUR  HUNDRED
 A. 10493                            3
 
 FIFTY-TWO  OF  THIS  CHAPTER, SHALL ALSO BE SUBJECT TO THE PROVISIONS OF
 THIS SECTION.
   1.  FUNDING ALLOCATION AND TRANSPARENCY. (A) FUNDS APPROPRIATED BY THE
 LEGISLATURE FOR THE SEEK PROGRAM SHALL BE  DISTRIBUTED  AMONG  THE  CITY
 UNIVERSITY  CAMPUSES  WHERE  SUCH  PROGRAM  IS  AVAILABLE ACCORDING TO A
 FORMULA WHICH SHALL BE PUBLICLY REPORTED.
   (B) NO FUNDS APPROPRIATED BY THE  LEGISLATURE  FOR  THE  SEEK  PROGRAM
 SHALL  BE  WITHHELD,  REALLOCATED  OR USED FOR ANY PURPOSE OTHER THAN TO
 FUND SUCH PROGRAM WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF THE  LEGIS-
 LATURE.
   (C)  ANY  SURPLUS FUNDS APPROPRIATED FOR THE SEEK PROGRAM SHALL REMAIN
 IN THE CUSTODY OF THE CITY UNIVERSITY AND SHALL NOT BE  REALLOCATED  FOR
 ANY USES OTHER THAN SUCH PROGRAM.
   2.  AUDIT  BY  THE  STATE COMPTROLLER. (A) THE STATE COMPTROLLER SHALL
 BIENNIALLY CONDUCT AN AUDIT OF ALL FUNDS RECEIVED AND  EXPENDED  BY  THE
 CITY UNIVERSITY FOR THE PURPOSE OF FUNDING THE SEEK PROGRAM.
   (B)  THE  SCOPE  OF  SUCH  AUDITS  SHALL  INCLUDE  COMPLIANCE WITH THE
 INTENDED PURPOSE OF SUCH FUNDS, ACCURACY OF FUND TRANSFERS, OUTCOMES  OF
 SUCH PROGRAM, AND ADMINISTRATIVE OVERHEAD COSTS RELATED TO SUCH PROGRAM.
   (C)  UPON COMPLETION OF EACH AUDIT CONDUCTED PURSUANT TO PARAGRAPH (A)
 OF THIS SUBDIVISION, THE COMPTROLLER SHALL SUBMIT  TO  THE  LEGISLATURE,
 AND SHALL PUBLISH IN A MANNER THAT IS ACCESSIBLE TO THE PUBLIC, A REPORT
 DETAILING THE RESULTS OF SUCH AUDIT.
   (D)  IN THE SCOPE OF SUCH AUDITS THE STATE COMPTROLLER SHALL ALSO HAVE
 THE POWER TO IDENTIFY NONCOMPLIANCE BY THE CITY UNIVERSITY WITH  ANY  OF
 THE  REQUIREMENTS  OF  THIS  SECTION,  AND  TO  MAKE RECOMMENDATIONS FOR
 CORRECTIVE ACTIONS BY THE CITY UNIVERSITY IN RESPONSE TO ANY SUCH  FIND-
 ING  OF NONCOMPLIANCE. IN RESPONSE TO ANY SUCH FINDING OF NONCOMPLIANCE,
 THE CITY UNIVERSITY SHALL SUBMIT TO  THE  LEGISLATURE  A  PLAN  FOR  THE
 IMPLEMENTATION OF SUCH RECOMMENDATIONS BY THE COMPTROLLER TO CORRECT ANY
 NONCOMPLIANCE.
   3.  REPORTING  REQUIREMENTS.  (A) THE CITY UNIVERSITY SHALL PUBLISH ON
 ITS WEBSITE AN ANNUAL REPORT ON THE  SEEK  PROGRAM.  SUCH  REPORT  SHALL
 INCLUDE INFORMATION ABOUT THE FOLLOWING:
   (I) THE AMOUNT OF FUNDING FOR SUCH PROGRAM ALLOCATED TO EACH CAMPUS OF
 THE CITY UNIVERSITY WHERE SUCH PROGRAM IS AVAILABLE;
   (II)  COSTS  AND  EXPENDITURES  INCURRED IN THE ADMINISTRATION OF SUCH
 PROGRAM BY EACH CAMPUS OF THE CITY  UNIVERSITY  WHERE  SUCH  PROGRAM  IS
 AVAILABLE;
   (III) STUDENT ENROLLMENT IN SUCH PROGRAM;
   (IV)  RETENTION  AND  GRADUATION  RATES  OF  STUDENTS ENROLLED IN SUCH
 PROGRAM; AND
   (V) INFORMATION ABOUT THE SERVICES PROVIDED TO  STUDENTS  ENROLLED  IN
 SUCH PROGRAM.
   (B)  THE CITY UNIVERSITY SHALL SUBMIT AN ANNUAL REPORT TO THE LEGISLA-
 TURE ON THE SEEK PROGRAM. SUCH REPORT SHALL INCLUDE THE FOLLOWING:
   (I) INFORMATION ABOUT THE ALLOCATION OF FUNDS FOR SUCH  PROGRAM  AMONG
 THE CAMPUSES OF THE CITY UNIVERSITY PARTICIPATING IN SUCH PROGRAM;
   (II) INFORMATION ABOUT STUDENT ENROLLMENT IN SUCH PROGRAM;
   (III)  INFORMATION  ABOUT PERFORMANCE OUTCOMES OF STUDENTS ENROLLED IN
 SUCH PROGRAM;
   (IV) A SUMMARY OF THE WAY ANY INCREASE IN  FUNDING  FOR  SUCH  PROGRAM
 FROM THE PREVIOUS FISCAL YEAR WAS APPLIED; AND
   (V)  A  CERTIFICATION  FROM THE CHANCELLOR OF THE CITY UNIVERSITY THAT
 THE FUNDS APPROPRIATED BY THE LEGISLATURE FOR SUCH PROGRAM WERE USED FOR
 THE PURPOSE OF FUNDING SUCH PROGRAM AND NOT FOR ANY OTHER PURPOSE.
 A. 10493                            4
 
   4. NONCOMPLIANCE WITH FUNDING ALLOCATION AND  REPORTING  REQUIREMENTS.
 FAILURE  OF THE CITY UNIVERSITY TO COMPLY WITH ANY FUNDING ALLOCATION OR
 REPORTING REQUIREMENTS ESTABLISHED PURSUANT TO THIS SECTION  MAY  RESULT
 IN  THE  WITHHOLDING OR REALLOCATION OF FUTURE STATE FUNDING TO THE CITY
 UNIVERSITY.
   5.  REPRESENTATION IN LEGISLATIVE OVERSIGHT HEARINGS. THE CITY UNIVER-
 SITY SHALL ENSURE THAT A REPRESENTATIVE FROM SUCH UNIVERSITY'S OFFICE OF
 SPECIAL PROGRAMS IS MADE AVAILABLE TO REPRESENT SUCH UNIVERSITY  AT  ANY
 LEGISLATIVE OVERSIGHT HEARINGS WHERE THE PRESENCE OF SUCH REPRESENTATIVE
 IS REQUIRED BY THE LEGISLATURE.
   6.  PROGRAM  MISSION  AND  ADMISSIONS  AUTHORITY.  (A) THE PERCY ELLIS
 SUTTON SEARCH FOR EDUCATION, ELEVATION AND KNOWLEDGE  PROGRAM  SHALL  BE
 MAINTAINED  AS A DISTINCT ACCESS PROGRAM SERVING STUDENTS WHO ARE DETER-
 MINED BY THE CITY UNIVERSITY TO BE INADMISSIBLE UNDER THE GENERAL ADMIS-
 SIONS STANDARDS OTHERWISE APPLICABLE TO UNDERGRADUATE DEGREE PROGRAMS.
   (B) THE CITY UNIVERSITY SHALL MAINTAIN ADMISSIONS CRITERIA, ADMISSIONS
 REVIEW PROCEDURES, AND ADMISSIONS AUTHORITY FOR THE  SEEK  PROGRAM  THAT
 ARE SEPARATE AND DISTINCT FROM THOSE APPLICABLE TO GENERAL UNDERGRADUATE
 ADMISSIONS  OR  TO  ANY  OTHER  ACADEMIC, STUDENT SUCCESS, RETENTION, OR
 COMPLETION PROGRAM.
   (C) SUCH ADMISSIONS CRITERIA AND AUTHORITY SHALL  NOT  BE  SUPPLANTED,
 SUBSTITUTED,  NARROWED, OR RESTRICTED BY GENERAL ADMISSIONS STANDARDS OR
 BY ELIGIBILITY CRITERIA APPLICABLE TO ANY OTHER PROGRAM.
   (D) NO STUDENT ADMITTED TO THE SEEK  PROGRAM  SHALL  BE  RECLASSIFIED,
 REASSIGNED,  OR  EXCLUDED  FROM SEEK PROGRAM SERVICES FOR THE PURPOSE OF
 MEETING COMPLIANCE WITH GENERAL ADMISSIONS STANDARDS OR THE  ELIGIBILITY
 REQUIREMENTS OF ANY OTHER PROGRAM.
   (E)  THE  SEEK  PROGRAM  SHALL PROVIDE PRIORITY TO THE RECRUITMENT AND
 ENROLLMENT OF  APPLICANTS  WHOSE  LIFE  PATTERNS  ARE  CHARACTERIZED  BY
 HISTORICAL  ECONOMIC  AND  EDUCATIONAL  DISADVANTAGE,  INCLUDING OUT-OF-
 SCHOOL, OUT-OF-WORK YOUTH.
   7. STRUCTURAL NON-CONSOLIDATION. (A) THE SEEK  PROGRAM  SHALL  NOT  BE
 CONSOLIDATED  WITH, ABSORBED INTO, ADMINISTERED THROUGH, OR FUNCTIONALLY
 REPLACED  BY  ANY  OTHER  ACADEMIC,  STUDENT  SUCCESS,   RETENTION,   OR
 COMPLETION PROGRAM OPERATED BY THE CITY UNIVERSITY.
   (B)  THE  CITY UNIVERSITY SHALL ENSURE THAT THE SEEK PROGRAM MAINTAINS
 DISTINCT STAFFING, BUDGETARY ALLOCATIONS, ADMINISTRATIVE STRUCTURES, AND
 REPORTING MECHANISMS SEPARATE FROM ANY OTHER SUCH PROGRAM.
   (C) THE CONTINUED EXISTENCE OF THE SEEK PROGRAM SHALL NOT BE SATISFIED
 BY THE PROVISION OF SERVICES THROUGH  ANOTHER  PROGRAM,  NOTWITHSTANDING
 ANY SIMILARITY OF SERVICES, OUTCOMES, OR ADMINISTRATIVE EFFICIENCIES.
   (D)  THE  CITY  UNIVERSITY  IS  PROHIBITED  FROM  CREATING,  RENAMING,
 RESTRUCTURING, OR ADMINISTRATIVELY MERGING THE  SEEK  PROGRAM  WITH  ANY
 OTHER  INITIATIVE,  PROGRAM,  OR  ADMINISTRATIVE  UNIT  WITHOUT EXPLICIT
 LEGISLATIVE AUTHORIZATION.
   (E) THE SEEK PROGRAM SHALL MAINTAIN VISIBLE AND DISTINCT  IDENTITY  IN
 ALL  INSTITUTIONAL  MATERIALS,  STRATEGIC PLANNING DOCUMENTS, AND PUBLIC
 COMMUNICATIONS.
   8. PROGRAM GUIDELINES AND PERIODIC REVIEW.  (A)  THE  CITY  UNIVERSITY
 SHALL  MAINTAIN  WRITTEN  SYSTEMWIDE  GUIDELINES  GOVERNING THE ADMINIS-
 TRATION OF THE SEEK PROGRAM, INCLUDING ADMISSIONS PRACTICES, COMPENSATO-
 RY EDUCATION REQUIREMENTS, STUDENT SUPPORT SERVICES, STAFFING STANDARDS,
 AND FISCAL ADMINISTRATION.
   (B) SUCH GUIDELINES SHALL BE REVIEWED AND, AS  NECESSARY,  UPDATED  NO
 LESS FREQUENTLY THAN ONCE EVERY THREE YEARS.
 A. 10493                            5
 
   (C)  AN  INTERIM REVIEW AND UPDATE SHALL BE REQUIRED UPON ANY MATERIAL
 CHANGE IN ADMISSIONS STANDARDS, STATE OR FEDERAL  FUNDING  REQUIREMENTS,
 OR APPLICABLE STATE OR FEDERAL HIGHER EDUCATION OR EQUITY MANDATES.
   (D)  CURRENT SEEK PROGRAM GUIDELINES AND THE DATE OF THEIR MOST RECENT
 REVISION SHALL BE MADE  PUBLICLY  AVAILABLE  ON  THE  CITY  UNIVERSITY'S
 WEBSITE.
   9.  STRATEGIC  PLANNING  INTEGRATION.  (A)  THE  CITY UNIVERSITY SHALL
 INCORPORATE THE SEEK PROGRAM  INTO  ITS  OFFICIAL  MULTI-YEAR  STRATEGIC
 PLANS, INCLUDING MEASURABLE STUDENT OUTCOMES AND GOALS, STAFFING LEVELS,
 AND ENROLLMENT TARGETS.
   (B)  THE  SEEK  PROGRAM  SHALL  BE REFLECTED AND MONITORED WITHIN EACH
 COLLEGE PRESIDENT'S ANNUAL PERFORMANCE MANAGEMENT PLAN.
   (C) THE OMISSION OF THE SEEK PROGRAM FROM UNIVERSITY  STRATEGIC  PLAN-
 NING DOCUMENTS SHALL CONSTITUTE NONCOMPLIANCE WITH THIS SECTION.
   10.  FUNDING ALLOCATION, DISTRIBUTION, AND TRANSPARENCY. (A) ALL FUNDS
 APPROPRIATED BY THE LEGISLATURE FOR THE SEEK  PROGRAM  SHALL  BE  TRANS-
 FERRED  TO  THE OFFICE OF SPECIAL PROGRAMS AND DISTRIBUTED TO INDIVIDUAL
 CAMPUSES NO LATER THAN JULY FIRST OF EACH FISCAL  YEAR  ACCORDING  TO  A
 TRANSPARENT DISTRIBUTION FORMULA.
   (B) THE DISTRIBUTION FORMULA SHALL BE BASED ON:
   (I) NUMBER OF SEEK-ENROLLED STUDENTS AND SEEK-FUNDED STAFF, BOTH FULL-
 TIME AND PART-TIME;
   (II) RETENTION, GRADUATION, AND PROJECTED ADMISSION RATES; AND
   (III) DOCUMENTED PROGRAMMATIC NEEDS.
   (C)  FOR  EACH  MONTH OR PARTIAL MONTH OF DELAY BEYOND JULY FIRST, THE
 CITY UNIVERSITY SHALL REPORT TO THE LEGISLATURE THE REASON FOR DELAY AND
 ANY IMPACT SUCH DELAY HAS HAD ON PROGRAM OPERATIONS.
   (D) SEEK FUNDS SHALL BE USED EXCLUSIVELY FOR:
   (I) DIRECT SUPPORT SERVICES FOR SEEK STUDENTS WHO ARE FORMALLY  ADMIT-
 TED AND ENROLLED THROUGH THE SPECIFIC SEEK ADMISSIONS PROCESS; AND
   (II) SEEK PROGRAM NON-ADMINISTRATIVE SUPPORT STAFF, BOTH FULL-TIME AND
 PART-TIME.
   (E)  PROGRAM  ADMINISTRATIVE  STAFF,  INCLUDING  DIRECTORS,  ASSISTANT
 DIRECTORS, ASSOCIATE DIRECTORS, AND ADMINISTRATIVE PERSONNEL,  SHALL  BE
 HIRED  AND  FUNDED  BY  EACH  CAMPUS.  FINANCIAL AID COUNSELORS FOR SEEK
 STUDENTS SHALL BE FUNDED BY THE INSTITUTION AT A RATIO OF ONE  FULL-TIME
 FINANCIAL  AID  COUNSELOR  PER  ONE  HUNDRED  FIFTY  TO TWO HUNDRED SEEK
 STUDENTS.
   (F) NO SEEK FUNDS MAY BE DIVERTED, REALLOCATED, OR  WITHHELD  FOR  ANY
 OTHER  PURPOSE  WITHOUT  EXPLICIT  LEGISLATIVE AUTHORIZATION. SEEK FUNDS
 SHALL NOT BE COMMINGLED WITH FUNDS FOR ANY OTHER PROGRAM, INITIATIVE, OR
 STUDENT POPULATION, REGARDLESS OF WHETHER SUCH STUDENTS  SHARE  ECONOMIC
 OR ACADEMIC CHARACTERISTICS WITH SEEK STUDENTS.
   (G)  COLLEGES  SHALL PROVIDE SEEK STUDENTS WITH ALL SERVICES AVAILABLE
 TO REGULARLY ADMITTED STUDENTS AT NO ADDITIONAL COST TO SEEK FUNDS. SEEK
 APPROPRIATIONS ARE DESIGNATED SOLELY FOR SUPPLEMENTAL SERVICES, ENHANCED
 ACADEMIC SUPPORT, AND WRAP-AROUND SERVICES SPECIFIC  TO  SEEK  STUDENTS'
 NEEDS AS ECONOMICALLY AND ACADEMICALLY UNDERPREPARED STUDENTS.
   (H) (I) ANY CAMPUS-HELD UNSPENT SEEK FUNDS AT FISCAL YEAR-END SHALL:
   (1)  BE  CARRIED  FORWARD FOR USE BY THAT CAMPUS'S SEEK PROGRAM IN THE
 SUBSEQUENT FISCAL YEAR;
   (2) NOT REVERT TO CITY UNIVERSITY CENTRAL ADMINISTRATION; AND
   (3) BE REPORTED TO THE LEGISLATURE WITH EXPLANATION  FOR  NON-EXPENDI-
 TURE.
   (II)  CAMPUSES MAY NOT BE PENALIZED IN FUTURE ALLOCATIONS FOR CARRYING
 FORWARD UNSPENT FUNDS.
 A. 10493                            6
 
   (I) FUNDING  ALLOCATED  TO  THE  CITY  UNIVERSITY  OFFICE  OF  SPECIAL
 PROGRAMS SHALL BE USED FOR:
   (I)  SALARIES  OF  UNIVERSITY ADMINISTRATIVE STAFF, INCLUDING THE DEAN
 AND UNIVERSITY DIRECTORS OR SPECIALISTS, WHICH SHALL BE PAID BY THE CITY
 UNIVERSITY;
   (II) NON-ADMINISTRATIVE STAFF, INCLUDING ADMINISTRATIVE ASSISTANTS AND
 MANAGERS, WHICH SHALL BE FUNDED BY THE OFFICE OF SPECIAL PROGRAMS BUDGET
 ALLOCATED BY THE STATE;
   (III) OFFICE OPERATIONS, REPORTING AND DATA SYSTEMS, AND DIRECT  OVER-
 SIGHT  ACTIVITIES,  WHICH  SHALL  BE  DISBURSED  IN A TIMELY MANNER. ALL
 ADMINISTRATIVE EXPENDITURES  MUST  BE  ITEMIZED  IN  THE  ANNUAL  REPORT
 REQUIRED BY SUBDIVISION TWELVE OF THIS SECTION.
   (J)  THE  CITY  UNIVERSITY  SHALL  PUBLISH  CAMPUS-LEVEL FUNDING ALLO-
 CATIONS, ADMINISTRATIVE COSTS, AND  SERVICE  LEVELS  IN  A  STANDARDIZED
 FORMAT ANNUALLY.
   11. STAFFING STANDARDS AND SERVICE REQUIREMENTS. (A) EACH CAMPUS SHALL
 MAINTAIN  STAFFING  RATIOS  ADEQUATE  TO  PROVIDE  SERVICES  OUTLINED IN
 SECTION SIXTY-FOUR HUNDRED FIFTY-TWO OF THIS TITLE,  INCLUDING  BUT  NOT
 LIMITED TO:
   (I)  ONE FULL-TIME ACADEMIC COUNSELOR PER EIGHTY-FIVE STUDENTS, WITH A
 MAXIMUM CASELOAD OF ONE HUNDRED STUDENTS;
   (II) ONE FULL-TIME FINANCIAL AID COUNSELOR PER ONE  HUNDRED  FIFTY  TO
 TWO HUNDRED SEEK STUDENTS, FUNDED BY THE INSTITUTION; AND
   (III)  DEDICATED  PART-TIME  ACADEMIC SUPPORT SERVICES PROPORTIONAL TO
 STUDENT NEEDS AND ENROLLMENT.
   (B) ANY STAFFING REDUCTIONS SHALL REQUIRE LEGISLATIVE NOTIFICATION AND
 WRITTEN JUSTIFICATION SUBMITTED TO THE CHAIRS OF THE SENATE AND ASSEMBLY
 HIGHER EDUCATION COMMITTEES WITHIN THIRTY DAYS OF SUCH REDUCTION.
   (C) SEEK PROGRAMS SHALL MAINTAIN THE CORE WRAP-AROUND COMPONENTS  THAT
 HAVE ESTABLISHED THE PROGRAM AS A NATIONAL MODEL, INCLUDING:
   (I) COMPREHENSIVE GRADUATE-LEVEL TRAINED ACADEMIC ADVISORS WITH MENTAL
 HEALTH COUNSELING SPECIALIZATIONS;
   (II) ACADEMIC SUPPORT SERVICES;
   (III) FINANCIAL AID ADVISING;
   (IV) CAREER DEVELOPMENT SERVICES;
   (V) PEER MENTORING;
   (VI) MENTAL HEALTH AND WELLBEING PROGRAMMING;
   (VII) FINANCIAL LITERACY PROGRAMMING; AND
   (VIII) DEDICATED CAMPUS PROGRAM SPACE AND STAFF.
   (D)  INDIVIDUAL  PROGRAMS  ARE  ENCOURAGED TO EXPAND, WITHIN ALLOCATED
 BUDGETS, THE CREATION OF DIRECT SERVICES THAT  FILL  UNIVERSITY  SERVICE
 GAPS TO MEET THE NEEDS OF SEEK STUDENTS.
   12.  ANNUAL  REPORTING  AND PUBLIC DISCLOSURE. (A) THE CITY UNIVERSITY
 AND THE OFFICE OF SPECIAL PROGRAMS  SHALL  PREPARE  AND  SUBMIT  TO  THE
 LEGISLATURE,  AND  POST  PUBLICLY  ON  THE CITY UNIVERSITY'S WEBSITE, AN
 ANNUAL SEEK REPORT NO LATER THAN JANUARY THIRTY-FIRST OF EACH YEAR.
   (B) THE ANNUAL SEEK REPORT SHALL INCLUDE:
   (I) ENROLLMENT BY CAMPUS AND DEMOGRAPHICS, INCLUDING RACE AND ETHNICI-
 TY, GENDER, AGE, BOROUGH OR  COUNTY  OF  RESIDENCE,  AND  OUT-OF-SCHOOL,
 OUT-OF-WORK YOUTH ENROLLMENT;
   (II) FIRST-TO-SECOND YEAR RETENTION RATES;
   (III) FOUR-YEAR AND SIX-YEAR GRADUATION RATES;
   (IV) CREDIT ACCUMULATION RATES;
   (V) STUDENT UTILIZATION RATES OF SUPPORT SERVICES;
   (VI) EMPLOYMENT OR GRADUATE SCHOOL PLACEMENT RATES;
 A. 10493                            7
 
   (VII)  NEW  EVIDENCE-BASED INITIATIVES OR ADOPTED INTERVENTIONS IMPLE-
 MENTED DURING THE REPORTING PERIOD;
   (VIII) CAMPUS-LEVEL FUNDING ALLOCATIONS AND ADMINISTRATIVE COSTS;
   (IX)  SUMMARY  OF  HOW  EACH  YEAR'S  LEGISLATIVE FUNDING INCREASE WAS
 APPLIED;
   (X) CURRENT STAFFING LEVELS BY CAMPUS, INCLUDING VACANCIES  AND  TIME-
 TO-FILL DATA;
   (XI)  ITEMIZED  ADMINISTRATIVE  EXPENDITURES  OF THE OFFICE OF SPECIAL
 PROGRAMS;
   (XII) ANY DELAYS IN FUND DISTRIBUTION AND  THEIR  OPERATIONAL  IMPACT;
 AND
   (XIII) STATUS OF SYSTEMWIDE SEEK PROGRAM GUIDELINES, INCLUDING DATE OF
 MOST RECENT REVISION.
   (C)  THE CHANCELLOR OF THE CITY UNIVERSITY SHALL CERTIFY TO THE LEGIS-
 LATURE IN WRITING THAT ALL APPROPRIATED SEEK FUNDS HAVE  BEEN  USED  FOR
 THEIR INTENDED PURPOSE AS SPECIFIED IN SUBDIVISION TEN OF THIS SECTION.
   (D) THE ANNUAL REPORT SHALL BE TRANSMITTED TO THE GOVERNOR, THE TEMPO-
 RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF
 THE  SENATE  AND ASSEMBLY HIGHER EDUCATION COMMITTEES, AND THE CHAIRS OF
 THE SENATE FINANCE AND ASSEMBLY WAYS AND MEANS COMMITTEES.
   13. COMPTROLLER OVERSIGHT AND AUDITING. (A) THE STATE  COMPTROLLER  IS
 DIRECTED TO CONDUCT PERIODICAL AUDITS OF SEEK PROGRAM FUNDING AND ADMIN-
 ISTRATION AT THE CITY UNIVERSITY.
   (B) SUCH AUDITS SHALL EXAMINE:
   (I) COMPLIANCE WITH LEGISLATIVE INTENT AS EXPRESSED IN THIS SECTION;
   (II) ACCURACY AND TIMELINESS OF FUND TRANSFERS FROM THE CITY UNIVERSI-
 TY CENTRAL ADMINISTRATION TO THE OFFICE OF SPECIAL PROGRAMS AND FROM THE
 OFFICE OF SPECIAL PROGRAMS TO INDIVIDUAL CAMPUSES;
   (III) PROGRAM OUTCOMES AND EFFECTIVENESS;
   (IV) ADMINISTRATIVE OVERHEAD AND EXPENDITURES;
   (V) ADHERENCE TO STAFFING STANDARDS AND SERVICE REQUIREMENTS;
   (VI)  PROPER USE OF SEEK FUNDS AS SPECIFIED IN SUBDIVISION TEN OF THIS
 SECTION; AND
   (VII) COMPLIANCE WITH REPORTING REQUIREMENTS UNDER SUBDIVISION  TWELVE
 OF THIS SECTION.
   (C) THE COMPTROLLER'S AUDIT REPORTS SHALL BE TRANSMITTED TO THE LEGIS-
 LATURE AND MADE PUBLICLY AVAILABLE WITHIN THIRTY DAYS OF COMPLETION.
   (D)  THE COMPTROLLER SHALL IDENTIFY ANY INSTANCES OF NONCOMPLIANCE AND
 RECOMMEND SPECIFIC CORRECTIVE ACTIONS TO BE TAKEN BY THE CITY  UNIVERSI-
 TY.
   14.  LEGISLATIVE  OVERSIGHT  HEARINGS.  (A)  THE CITY UNIVERSITY SHALL
 ENSURE THAT A REPRESENTATIVE FROM THE OFFICE OF SPECIAL PROGRAMS APPEARS
 BEFORE THE LEGISLATURE DURING ANNUAL BUDGET HEARINGS TO ANSWER QUESTIONS
 REGARDING SEEK PROGRAM FINANCES, OPERATIONS, AND OUTCOMES.
   (B) THE LEGISLATURE'S HIGHER EDUCATION COMMITTEES MAY  HOLD  OVERSIGHT
 HEARINGS AT ANY TIME TO REVIEW SEEK PROGRAM ADMINISTRATION, FUNDING, AND
 COMPLIANCE WITH THIS SECTION.
   (C)  AUDIT-BASED  HEARINGS  MAY  BE HELD UPON RECEIPT OF A COMPTROLLER
 AUDIT REPORT PURSUANT TO SUBDIVISION THIRTEEN OF THIS  SECTION,  BY  THE
 CHAIRS OF THE SENATE AND ASSEMBLY HIGHER EDUCATION COMMITTEES.
   15.  NONCOMPLIANCE  AND ENFORCEMENT. (A) FOR PURPOSES OF THIS SECTION,
 NONCOMPLIANCE SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) THE USE OF SEEK PROGRAM FUNDS IN A MANNER THAT RESTRICTS OR ALTERS
 PROGRAM ELIGIBILITY;
   (II) THE SUBSTITUTION OF SEEK PROGRAM SERVICES WITH SERVICES  PROVIDED
 THROUGH ANOTHER PROGRAM;
 A. 10493                            8
 
   (III)  THE  FAILURE  TO  MAINTAIN SEPARATE ADMISSIONS, ADMINISTRATIVE,
 STAFFING, OR BUDGETARY STRUCTURES FOR THE SEEK PROGRAM;
   (IV)  THE  FAILURE  TO  REVIEW  OR  UPDATE  SEEK PROGRAM GUIDELINES IN
 ACCORDANCE WITH SUBDIVISION EIGHT OF THIS SECTION;
   (V) THE FAILURE TO DISTRIBUTE SEEK FUNDS TO CAMPUSES BY JULY FIRST  OF
 EACH FISCAL YEAR;
   (VI)  THE  FAILURE TO MAINTAIN REQUIRED STAFFING RATIOS UNDER SUBDIVI-
 SION ELEVEN OF THIS SECTION;
   (VII) THE DIVERSION, REALLOCATION, OR COMMINGLING  OF  SEEK  FUNDS  IN
 VIOLATION OF SUBDIVISION TEN OF THIS SECTION;
   (VIII) THE FAILURE TO SUBMIT REQUIRED ANNUAL REPORTS UNDER SUBDIVISION
 TWELVE OF THIS SECTION;
   (IX)  THE  OMISSION  OF  SEEK  FROM  STRATEGIC  PLANNING  DOCUMENTS IN
 VIOLATION OF SUBDIVISION NINE OF THIS SECTION; OR
   (X) ANY RESTRUCTURING, MERGER, OR CONSOLIDATION OF  THE  SEEK  PROGRAM
 WITHOUT EXPLICIT LEGISLATIVE AUTHORIZATION.
   (B)  UPON  IDENTIFICATION  OF NONCOMPLIANCE, THE STATE COMPTROLLER MAY
 RECOMMEND CORRECTIVE ACTIONS AND TIMELINES FOR COMPLIANCE.
   (C) UPON FINDING OF NONCOMPLIANCE BY THE COMPTROLLER OR  THE  LEGISLA-
 TURE, THE CITY UNIVERSITY SHALL SUBMIT A DETAILED CORRECTIVE ACTION PLAN
 TO  THE  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
 AND THE CHAIRS OF THE SENATE AND ASSEMBLY  HIGHER  EDUCATION  COMMITTEES
 WITHIN NINETY DAYS.
   (D) THE CORRECTIVE ACTION PLAN SHALL INCLUDE:
   (I) SPECIFIC STEPS TO BE TAKEN TO ACHIEVE COMPLIANCE;
   (II) TIMELINE FOR IMPLEMENTATION OF EACH CORRECTIVE MEASURE;
   (III) IDENTIFICATION OF RESPONSIBLE PERSONNEL;
   (IV) INTERIM REPORTING MILESTONES; AND
   (V) MEASURES TO PREVENT FUTURE NONCOMPLIANCE.
   (E) IF THE CITY UNIVERSITY FAILS TO COMPLY WITH STATUTORY REPORTING OR
 ALLOCATION  REQUIREMENTS UNDER THIS SECTION OR FAILS TO SUBMIT OR IMPLE-
 MENT AN ADEQUATE CORRECTIVE ACTION PLAN, THE DIRECTOR OF THE BUDGET  MAY
 WITHHOLD  OR  REALLOCATE  FUTURE DISCRETIONARY STATE FUNDING TO THE CITY
 UNIVERSITY UNTIL COMPLIANCE IS ACHIEVED.
   (F) ANY PROPOSED ELIMINATION, MERGER,  CONSOLIDATION,  OR  SUBSTANTIAL
 RESTRUCTURING  OF  THE SEEK PROGRAM SHALL REQUIRE EXPLICIT AUTHORIZATION
 BY ACT OF THE LEGISLATURE. NO SUCH ACTION MAY BE TAKEN THROUGH  ADMINIS-
 TRATIVE DIRECTIVE, POLICY CHANGE, OR BUDGET ALLOCATION.
   §  4. Severability. If any provision of this act or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   §  5.  This act shall take effect immediately and shall apply to funds
 appropriated for the Percy Ellis Sutton search for education,  elevation
 and knowledge program beginning with the fiscal year next succeeding the
 date on which it shall have become a law.