Bill Text: NY A11047 | 2017-2018 | General Assembly | Amended
Bill Title: Continues NYS Smart Scholars early college high school program and the NYS pathways in technology early college high school program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-15 - print number 11047a [A11047 Detail]
Download: New_York-2017-A11047-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 11047--A IN ASSEMBLY May 31, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Nolan) -- read once and referred to the Committee on Education -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to continuing the New York State Smart Scholars Early College High School Program and the New York State Pathways in Technology Early College High School Program in this state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding two new sections 2 6457 and 6458 to read as follows: 3 § 6457. Grant awards for New York State Smart Scholars Early College 4 High School Programs. 1. For the purposes of this section: 5 a. "NYS Smart Scholars Early College High School Program" or "NYS 6 Smart Scholars ECHS Program" means a formal partnership between a school 7 district or a board of cooperative educational services and at least one 8 institution of higher education, which provides eligible students 9 enrolled in such program with high school courses leading to the grant- 10 ing of a high school diploma, and college-level courses leading to the 11 granting of at least twenty-four college credits and up to a post-secon- 12 dary degree or diploma from such partner institution or institutions of 13 higher education at no cost to the student or the student's family. A 14 formal partnership may include a for-profit degree granting institution 15 of higher education registered with the department if such institution 16 was included in a partnership of a previously funded NYS Smart Scholars 17 Early College High School Program, and such partnership was approved by 18 the commissioner pursuant to a request for proposals process prior to 19 the effective date of this section. 20 b. "Approved NYS Smart Scholars Early College High School program" 21 means a NYS Smart Scholars Early College High School Program, and such 22 program was approved by the commissioner in accordance with the regu- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15301-12-8A. 11047--A 2 1 lations of the commissioner and any request for proposals issued under 2 this section. 3 c. "Eligible applicant" means a New York state school district, a 4 board of cooperative educational services, or institution of higher 5 education, in a partnership for the purpose of offering a NYS Smart 6 Scholars Early College High School Program to eligible students, any of 7 which may serve as the fiscal agent. The eligible applicant's partner- 8 ship may include one or more school districts, a board of cooperative 9 educational services, or one or more institutions of higher education 10 but all partnerships must include a school district or a board of coop- 11 erative educational services, and an institution of higher education. 12 d. "Eligible student" means a student who is a resident of a partner- 13 ing school district, or a resident of a component district of a partner- 14 ing board of cooperative educational services, and is enrolled, as 15 defined in regulations of the commissioner, in such district. 16 e. "Previously funded NYS Smart Scholars Early College High School 17 Program" means a NYS Smart Scholars Early College High School Program 18 that was approved by the commissioner in any request for proposals proc- 19 ess before the effective date of this section. 20 f. "Institution of higher education" means a New York state public or 21 not-for-profit institution of higher education that has been authorized 22 by the New York state board of regents to award post-secondary degrees. 23 2. a. For the purposes of increasing high school graduation rates for 24 academically at-risk and/or economically disadvantaged students, and 25 increasing their participation in post-secondary education through a 26 network of early college high school partnerships in the state, the 27 commissioner shall, subject to an appropriation and the procedures 28 established in this section, allocate funds available for NYS Smart 29 Scholars ECHS Programs. Funding shall first be available to previously 30 funded or approved NYS Smart Scholars ECHS Programs that meet the 31 requirements under paragraph b of this subdivision, and remaining funds 32 shall be available for new NYS Smart Scholars ECHS Programs. 33 b. Notwithstanding any other provision of law to the contrary, a 34 previously funded NYS Smart Scholars ECHS Program or an approved NYS 35 Smart Scholars ECHS Program shall continue to be eligible for funding 36 under this section and shall not have to compete for funding under this 37 section provided that: 38 (i) the program has been continuously awarded funding by the depart- 39 ment in accordance with all applicable laws; and 40 (ii) such program demonstrates that it continues to be a successful 41 NYS Smart Scholars Early College High School Program by meeting certain 42 benchmarks and program requirements as prescribed by the department 43 consistent with the intent and purpose of the request for proposals 44 process and the terms of any program agreement under which such program 45 is funded. If the program fails to meet such benchmarks and program 46 requirements, it may be subject to certain corrective action as 47 described in regulations of the commissioner, which may include but not 48 be limited to establishment of timelines to meet program standards, a 49 limitation of enrollment, termination of the contract, closure of the 50 program, and/or requiring a teach-out agreement with an approved NYS 51 Smart Scholars Early College High School Program to describe how 52 students will be transferred to such program upon closure. 53 c. Any eligible applicant whose NYS Smart Scholars ECHS Program was 54 previously funded or approved pursuant to a request for proposals proc- 55 ess shall be required to compete for funds under this section if suchA. 11047--A 3 1 applicant is proposing to offer a new NYS Smart Scholars ECHS Program, 2 as determined by the commissioner. 3 3. a. Subject to an appropriation, the commissioner shall make awards 4 to eligible applicants for the establishment of new NYS Smart Scholars 5 ECHS Programs through a competitive request for proposals process. 6 b. The commissioner shall prioritize eligible applicants that demon- 7 strate the willingness and capacity to serve students who have been 8 identified as economically disadvantaged and/or academically at-risk for 9 not successfully completing high school or not enrolling in or succeed- 10 ing in college. 11 c. Eligible applicants shall file an application for approval by the 12 commissioner in a timeframe and manner prescribed by the commissioner, 13 demonstrating a need for such funding, including how the funding would 14 be used and how many students would be assisted with such funding. 15 Successful applicants will be funded as provided in accordance with the 16 request for proposals process. 17 4. a. Monies made available under this section shall be spent for the 18 following purposes as further prescribed by the commissioner in regu- 19 lation: 20 (i) to provide additional staffing for the NYS Smart Scholars ECHS 21 Program, including a program director and college liaison; 22 (ii) for student recruitment activities; 23 (iii) to provide professional development to promote the NYS Smart 24 Scholars ECHS Program, including cross-curriculum development between 25 secondary and post-secondary education partners to ensure curriculum 26 alignment that prepares students to succeed in college-level courses 27 while in high school; 28 (iv) for workshops and planning meetings between partners, including 29 counselors, parents, and college faculty, to support program sustaina- 30 bility and build awareness in the district on the benefits of having 31 such programs; 32 (v) for academic and social support services to promote college read- 33 iness and a college-going culture; 34 (vi) for transportation for students to take courses and participate 35 in activities at the NYS Smart Scholars ECHS site and at the partner 36 campus of the higher education partners; and 37 (vii) for tuition, books and fees; provided however that tuition 38 reimbursement shall only be allowable for non-remedial, credit-bearing 39 college courses. 40 b. No funds spent pursuant to this section shall be made available to 41 support the regular academic programs of any school district, board of 42 cooperative educational services or institution or institutions of high- 43 er education participating in this program, nor shall funds be provided 44 for programs which are incompatible with the regents plan for the expan- 45 sion and development of higher education in this state. 46 § 6458. Grant awards for New York State pathways in technology early 47 college high school programs. 1. For the purposes of this section: 48 a. "NYS Pathways in Technology Early College High School Program" or 49 "NYS P-TECH Program" means a program which provides eligible students 50 enrolled in such program with high school courses leading to the grant- 51 ing of a high school diploma, college-level courses leading to the 52 granting of a post-secondary degree at a partnering institution of high- 53 er education, and career training with an eligible partnering employer. 54 Such program is operated by a New York state school district or a board 55 of cooperative educational services that forms a partnership with:A. 11047--A 4 1 (i) one or more New York state institutions of higher education 2 provided that at least one institution of higher education offers a 3 registered associate level degree program that is the industry standard 4 for the targeted jobs, linked to the goals of the NYS P-TECH Program, 5 and which awards the degree at no cost to the student or the student's 6 family; and 7 (ii) a regional New York state employer or consortium of employers 8 from related sectors and/or industry/entity/association that requires 9 skilled employees which will utilize the knowledge and skills obtained 10 from the secondary and post-secondary programs, and agrees to collab- 11 orate in preparing students for employment opportunities in such 12 sector/industry. 13 b. "Approved NYS P-TECH Program" means a NYS P-TECH Program and such 14 program was approved by the commissioner in accordance with the regu- 15 lations of the commissioner and any request for proposals process under 16 this section. 17 c. "Eligible applicant" means a New York state school district, 18 including those districts with career and technical high schools, or a 19 board of cooperative educational services, either of which may serve as 20 the fiscal agent. The eligible applicant may work in cooperation with 21 other school districts, a board of cooperative educational services, or 22 any combination of these as a consortium applicant. 23 d. "Eligible student" means a student who is a resident of a partner- 24 ing district, or a resident of a component district of a partnering 25 board of cooperative educational services and is enrolled, as defined in 26 regulations of the commissioner, in such district. 27 e. "Previously funded NYS P-TECH Program" means an NYS P-TECH Program 28 that was approved by the commissioner in any prior request for proposals 29 process before the effective date of this section. 30 f. "Institution of higher education" means a New York state public or 31 not-for-profit institution of higher education that has been authorized 32 by the New York state board of regents to award post-secondary degrees. 33 2. a. Subject to an appropriation and the procedures established in 34 this section, the commissioner shall allocate the funds available for 35 NYS P-TECH Programs for the purposes of preparing eligible academically 36 at-risk and/or economically disadvantaged students for high-skill jobs 37 including, but not limited to those in science, technology, engineering, 38 manufacturing, healthcare, and finance through a six-year academic 39 program that combines high school, college, and career training. Fund- 40 ing shall first be available to previously funded or approved NYS P-TECH 41 Programs that meet the requirements under paragraph b of this subdivi- 42 sion, and remaining funds shall be available for new programs. 43 b. Notwithstanding any other provision of law to the contrary, a 44 previously funded NYS P-TECH Program or an approved NYS P-TECH Program 45 shall continue to be eligible for funding under this section and shall 46 not have to compete for funding under this section provided that: 47 (i) the program has been continuously awarded funding by the depart- 48 ment in accordance with all applicable laws; and 49 (ii) such program demonstrates that it continues to be a successful 50 NYS P-TECH Program by meeting certain benchmarks and program require- 51 ments as prescribed by the department consistent with the intent and 52 purpose of the request for proposals process and the terms of any 53 program agreement under which such program is funded. If the program 54 fails to meet such benchmarks and program requirements, it may be 55 subject to certain corrective action as described in regulations of the 56 commissioner, which may include but not be limited to establishment ofA. 11047--A 5 1 timelines to meet program standards, a limitation of enrollment, termi- 2 nation of the contract, closure of the program, and/or requiring a 3 teach-out agreement with an approved NYS P-TECH Program to describe how 4 students will be transferred to such program upon closure. 5 c. Any eligible applicant whose NYS P-TECH Program was previously 6 funded or approved pursuant to a request for proposals process shall be 7 required to compete for funds under this section if such applicant is 8 proposing to offer a new NYS P-TECH Program, as determined by the 9 commissioner. 10 3. a. Subject to an appropriation the commissioner shall make awards 11 to eligible applicants for the establishment of new NYS P-TECH Programs 12 through a competitive request for proposals process. 13 b. The commissioner shall prioritize eligible applicants that demon- 14 strate the willingness and capacity to serve students who have been 15 identified as economically disadvantaged and/or academically at-risk for 16 not successfully completing high school or not enrolling in or succeed- 17 ing in college. 18 c. Eligible applicants shall file an application for approval by the 19 commissioner in a timeframe and manner prescribed by the commissioner, 20 demonstrating a need for such funding, including how the funding would 21 be used and how many students would be assisted with such funding. 22 Successful applicants will be funded in accordance with the regulations 23 of the commissioner. 24 4. a. Monies made available under this section shall be spent for the 25 following purposes, as further prescribed by the commissioner in regu- 26 lations of the commissioner: 27 (i) to provide additional staffing for the NYS P-TECH Program, includ- 28 ing but not limited to a program director and college liaison; 29 (ii) for an existing evidence-based and/or standards based curriculum 30 including but not limited to a focus on a career in science, technology, 31 engineering, or math-related career area within a NYS P-TECH Program; 32 (iii) for recruitment activities for eligible students; 33 (iv) to provide professional development to promote the NYS P-TECH 34 Program, including cross-curriculum development between partners and to 35 ensure curriculum alignment that prepares students to succeed in 36 college-level courses while in high school and during career training; 37 (v) up to ten percent of funds awarded under this section may be used 38 to purchase equipment needed to upgrade existing programs or new equip- 39 ment to start a program; provided that a program may seek permission 40 from the commissioner for a waiver of the ten percent cap, and such 41 request must include a justification for why equipment in excess of the 42 cap is necessary to accomplish the goals of the NYS P-TECH Program; 43 (vi) for workshops and planning meetings between partners, including 44 counselors, parents, and college faculty, and business leaders to 45 support program sustainability and build awareness in the district on 46 the benefits of having such programs; 47 (vii) for post-secondary curriculum development that facilitates 48 alignment and articulation with secondary programs leading to college 49 degrees and/or other industry recognized credentials that meet the needs 50 of employers; 51 (viii) for service contracts between members of the partnership; 52 (ix) for transportation for eligible students to take courses and 53 participate in activities at the NYS P-TECH site, at partner employers' 54 locations, and at the partner campus of the higher education partner; 55 andA. 11047--A 6 1 (x) for tuition, books and fees; provided that tuition reimbursement 2 shall only be allowable for non-remedial, credit-bearing college cours- 3 es. 4 b. No funds pursuant to this section shall be made available to 5 support the regular academic programs of any school district, board of 6 cooperative educational services or institution or institutions of high- 7 er education participating in this program, nor shall funds be provided 8 for programs which are incompatible with the regents plans for the 9 expansion and development of higher education in this state. 10 § 2. This act shall take effect on the thirtieth day after it shall 11 have become a law. Effective immediately the addition, amendment and/or 12 repeal of any rule or regulation necessary for the implementation of 13 this act on its effective date are authorized to be made on or before 14 such date.