S T A T E O F N E W Y O R K
________________________________________________________________________
3607--A
2025-2026 Regular Sessions
I N A S S E M B L Y
January 29, 2025
___________
Introduced by M. of A. KELLES, SHIMSKY, GONZALEZ-ROJAS, BICHOTTE HERME-
LYN, EACHUS, MEEKS, SANTABARBARA -- read once and referred to the
Committee on Higher Education -- recommitted to the Committee on High-
er Education in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to establishing the
mental health educational opportunity program and the mental health
higher educational opportunity program
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 6457
to read as follows:
§ 6457. MENTAL HEALTH EDUCATIONAL OPPORTUNITY PROGRAM AND MENTAL
HEALTH HIGHER EDUCATIONAL OPPORTUNITY PROGRAM. 1. TO PROVIDE ADDITIONAL
EDUCATIONAL OPPORTUNITIES FOR STUDENTS TO ENROLL IN ACADEMIC PROGRAMS
THAT LEAD TO A DEGREE OR DEGREES REQUIRED FOR LICENSURE IN ANY OF THE
MENTAL HEALTH PROFESSIONS PURSUANT TO ARTICLES ONE HUNDRED FIFTY-THREE,
ONE HUNDRED FIFTY-FOUR, ONE HUNDRED SIXTY-THREE AND ONE HUNDRED SIXTY-
SEVEN OF THIS CHAPTER, A PARTICIPATING COLLEGE OR UNIVERSITY SHALL
PROVIDE SPECIAL PROGRAMS FOR THE SCREENING, TESTING, COUNSELING AND
TUTORING OF, AND ASSISTANCE TO, RESIDENTS OF THE STATE, (I) WHO ARE
GRADUATES OF AN APPROVED HIGH SCHOOL OR INDIVIDUALS WHO HAVE ATTAINED A
NEW YORK STATE HIGH SCHOOL EQUIVALENCY DIPLOMA OR ITS EQUIVALENT, AS
DETERMINED BY THE COMMISSIONER, (II) WHO HAVE POTENTIAL FOR THE SUCCESS-
FUL COMPLETION OF A POST-SECONDARY PROGRAM THAT LEADS TO A DEGREE OR
DEGREES REQUIRED FOR LICENSURE IN ANY MENTAL HEALTH PROFESSION, AND
(III) WHO ARE ECONOMICALLY AND EDUCATIONALLY DISADVANTAGED.
2. FOR THE PURPOSES OF THIS SECTION, FOR THE MENTAL HEALTH EDUCATIONAL
OPPORTUNITY PROGRAM, A PARTICIPATING COLLEGE OR UNIVERSITY SHALL BE
DEFINED AS ANY COLLEGE OR UNIVERSITY OF THE STATE UNIVERSITY OF NEW YORK
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00070-02-6
A. 3607--A 2
OR THE CITY UNIVERSITY OF NEW YORK. FOR THE MENTAL HEALTH HIGHER EDUCA-
TIONAL OPPORTUNITY PROGRAM, A PARTICIPATING COLLEGE OR UNIVERSITY SHALL
BE DEFINED AS A NON-PUBLIC COLLEGE OR UNIVERSITY INCORPORATED BY THE
REGENTS.
3. A NON-PUBLIC COLLEGE OR UNIVERSITY THAT PARTICIPATES IN THE MENTAL
HEALTH HIGHER EDUCATIONAL OPPORTUNITY PROGRAM SHALL CONTRACT WITH THE
COMMISSIONER TO PROVIDE THE SERVICES IN THIS SECTION PURSUANT TO A PROC-
ESS PROMULGATED BY THE COMMISSIONER FOR SUCH PURPOSE.
4. THE COMMISSIONER, IN CONSULTATION WITH THE STATE UNIVERSITY OF NEW
YORK, THE CITY UNIVERSITY OF NEW YORK, AND NON-PUBLIC COLLEGES AND
UNIVERSITIES CHOSEN BY THE COMMISSIONER, SHALL FORMULATE A GENERAL PLAN
FOR THE ORGANIZATION, DEVELOPMENT, COORDINATION AND OPERATION OF THE
MENTAL HEALTH EDUCATIONAL OPPORTUNITY PROGRAM AND THE MENTAL HEALTH
HIGHER EDUCATIONAL OPPORTUNITY PROGRAM WITHIN THE AMOUNTS MADE AVAILABLE
THEREFOR BY LAW. SUCH A PLAN SHALL INCLUDE:
A. DEFINITION OF ELIGIBILITY,
B. PROCEDURES FOR THE SELECTION OF STUDENTS FROM AMONG THE ELIGIBLES,
C. DESCRIPTION OF THE CONTENTS OF SUCH PROPOSED PROGRAM INCLUDING
COUNSELING, TUTORING AND SKILL DEVELOPMENT,
D. ESTIMATED COSTS,
E. OBJECTIVES,
F. EXTENT OF OTHER FUNDS AND RESOURCES TO BE UTILIZED IN SUPPORT OF
THE PROGRAM,
G. PROCEDURES FOR THE EVALUATION OF STUDENT PROGRESS, AND
H. PERIODIC REPORTS.
5. THE GENERAL PLAN SHALL BE TRANSMITTED TO THE BOARD OF REGENTS AT
SUCH TIME AS THE REGENTS SHALL BY RULE REQUIRE. SUCH PLAN SHALL BE
REVIEWED BY THE REGENTS AND SHALL GUIDE AND DETERMINE THE OPERATION OF
SUCH PROGRAM.
6. A. STATE APPROPRIATIONS MADE AVAILABLE FOR THIS PROGRAM SHALL BE
SPENT ONLY FOR THE FOLLOWING PURPOSES:
(I) SPECIAL TESTING, COUNSELING AND GUIDANCE SERVICES IN THE COURSE OF
SCREENING POTENTIAL STUDENTS,
(II) REMEDIAL COURSES, DEVELOPMENTAL AND COMPENSATORY COURSES AND
SUMMER CLASSES FOR SUCH STUDENTS,
(III) SPECIAL TUTORING, COUNSELING AND GUIDANCE SERVICES FOR ENROLLED
STUDENTS,
(IV) CENTRAL SERVICES INCLUDING EVALUATION AND ADMINISTRATIVE COSTS,
AND
(V) ANY NECESSARY SUPPLEMENTAL FINANCIAL ASSISTANCE, WHICH MAY INCLUDE
THE COST OF BOOKS AND NECESSARY MAINTENANCE FOR SUCH STUDENTS, INCLUDING
STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT
MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX
HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; PROVIDED, HOWEVER,
THAT SUCH SUPPLEMENTAL FINANCIAL ASSISTANCE SHALL BE FURNISHED PURSUANT
TO CRITERIA PROMULGATED BY THE COMMISSIONER AND APPROVED BY THE REGENTS
AND THE DIRECTOR OF THE BUDGET.
B. NO FUNDS PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO
SUPPORT THE REGULAR ACADEMIC PROGRAMS OF ANY COLLEGE OR UNIVERSITY
PARTICIPATING IN THIS PROGRAM, NOR SHALL FUNDS BE PROVIDED FOR PROGRAMS
WHICH ARE INCOMPATIBLE WITH THE REGENTS PLAN FOR THE EXPANSION AND
DEVELOPMENT OF HIGHER EDUCATION IN THE STATE.
7. A PARTICIPATING COLLEGE OR UNIVERSITY SHALL FURNISH TO THE COMMIS-
SIONER, THE REGENTS, THE DIRECTOR OF THE BUDGET, THE CHAIR OF THE SENATE
FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMIT-
A. 3607--A 3
TEE, AT LEAST ANNUALLY, A REPORT IN SUCH FORM, AT SUCH TIME AND CONTAIN-
ING SUCH INFORMATION AS THE REGENTS AND THE DIRECTOR OF THE BUDGET MAY
REQUIRE, OF THE OPERATIONS OF SUCH PROGRAM. THE REPORT SHALL INCLUDE:
A. A STATEMENT OF THE OBJECTIVES OF THE PROGRAM,
B. A DESCRIPTION OF THE PROGRAM,
C. THE BUDGETARY EXPENDITURES FOR SUCH PROGRAM, SEPARATELY STATING
ACADEMIC CREDIT INSTRUCTIONAL COSTS, OTHER INSTRUCTIONAL COSTS, TUTORING
COSTS, REMEDIATION, COUNSELING, SUPPLEMENTAL FINANCIAL ASSISTANCE AND
CENTRAL SERVICES, INCLUDING EVALUATION AND ADMINISTRATIVE COSTS,
D. THE EXTENT OF OTHER FUNDS AND RESOURCES USED IN SUPPORT OF SUCH
PROGRAM AND THEIR SOURCES,
E. THE PROGRESS OF STUDENTS, AND
F. THE EXTENT AND NATURE OF THE RESPONSIBILITY EXERCISED OVER SUCH
PROGRAM BY SUCH TRUSTEES.
8. CONTRACTS MADE PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET.
§ 2. This act shall take effect immediately.