Bill Text: NY S01840 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to the establishment of the New York state promise program for community college courses; makes an appropriation therefor.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - REFERRED TO FINANCE [S01840 Detail]

Download: New_York-2023-S01840-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1840

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 17, 2023
                                       ___________

        Introduced  by  Sens.  SANDERS,  KENNEDY,  SEPULVEDA  --  read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Finance

        AN  ACT  to amend the education law, in relation to the establishment of
          the New York promise program for community  colleges;  and  making  an
          appropriation therefor

          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 a new  section  6311
     2  to read as follows:
     3    §  6311.  New York promise program.  1. Establishment. There is hereby
     4  established the New York promise program for community colleges.
     5    2. Administration. The department shall administer the New York  prom-
     6  ise  program  as  provided  for in this section. Subject to subdivisions
     7  five and six of this section, the department shall provide a  waiver  of
     8  tuition for community college courses to a person who meets the criteria
     9  described  in  subdivisions  three and four of this section. Such waiver
    10  shall be a grant and limited as provided in subdivisions five and six of
    11  this section.
    12    3. Eligibility. A grant shall be  awarded  under  this  section  to  a
    13  person who:
    14    (a) is enrolled in courses that are:
    15    (i) offered at a community college in this state; and
    16    (ii) determined by the department, to be required for completion of:
    17    (1) a one-year curriculum for students who plan to transfer to another
    18  post-secondary institution of education;
    19    (2) an associate's degree; or
    20    (3) a program in career and technical education.
    21    (b) has been a resident of this state for at least twelve months prior
    22  to  enrolling in the courses described in paragraph (a) of this subdivi-
    23  sion;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06019-01-3

        S. 1840                             2

     1    (c) attained their highest level of education in this state prior to:
     2    (i) receiving a high school diploma; or
     3    (ii) receiving a general educational development certificate.
     4    (d)  attained  their  highest level of education as described in para-
     5  graph (c) of this subdivision within six months from the date the person
     6  first enrolls in courses described in paragraph (a) of this  subdivision
     7  for the purpose of receiving a grant under this section;
     8    (e)  earned  a cumulative grade point average of 2.5 or better in high
     9  school or otherwise demonstrated  an  equivalent  academic  ability,  as
    10  determined by the department;
    11    (f)  completed  and submitted the free application for federal student
    12  aid (FAFSA) for each academic year and accepted all  state  and  federal
    13  aid grants available, if eligible to file the application; and
    14    (g) has not completed either of the following:
    15    (i)  more than a total of ninety credit hours, or the equivalent, at a
    16  post-secondary institution of education; or
    17    (ii) a curriculum, degree or program,  as  described  in  subparagraph
    18  (ii) of paragraph (a) of this subdivision.
    19    4. Continued eligibility. (a) A person continues to remain eligible to
    20  receive  a grant under this section if the person, in addition to satis-
    21  fying the criteria described in subdivision three of this section:
    22    (i) maintains a cumulative grade point average of 2.5 or better during
    23  each term for which such person has received a grant under this section;
    24    (ii) makes satisfactory progress towards a one-year curriculum, degree
    25  or program, as described in subparagraph (ii) of paragraph (a) of subdi-
    26  vision three of this section, as determined by the department; and
    27    (iii) enrolls in courses described in  paragraph  (a)  of  subdivision
    28  three  of  this  section  for  a sufficient number of credit hours to be
    29  considered at least a half-time student each term  for  at  least  three
    30  terms in each consecutive year.
    31    (b)  A person who fails to maintain the cumulative grade point average
    32  specified in subparagraph (i)  of  paragraph  (a)  of  this  subdivision
    33  becomes  ineligible  to  receive a grant under this section for the term
    34  after which the person fails to  maintain  the  cumulative  grade  point
    35  average, unless the eligibility requirement of subparagraph (i) of para-
    36  graph (a) of this subdivision is waived by the department.
    37    5.  Awards. (a) The total amount of a grant awarded under this section
    38  shall be based on each  term  that  a  person  is  enrolled  in  courses
    39  described  in paragraph (a) of subdivision three of this section.  After
    40  the amount of tuition for the person for the term is  reduced  by  fifty
    41  dollars,  to  be paid by the person, and reduced by any amounts received
    42  by the person in state and federal  aid  grants,  the  person  shall  be
    43  eligible for a grant under this section in an amount that equals:
    44    (i)  except  as  provided  in subparagraph (ii) of this paragraph, not
    45  less than the greater of:
    46    (1) one thousand dollars; and
    47    (2) the person's actual cost of tuition.
    48    (ii) not more than the lesser of:
    49    (1) the average cost of tuition at a community college in this  state,
    50  as determined by the department; and
    51    (2) the person's actual cost for tuition.
    52    (b)  The  minimum amount of a grant, as calculated under paragraph (a)
    53  of this subdivision, may be prorated for a person  who  is  enrolled  in
    54  courses  described in paragraph (a) of subdivision three of this section
    55  for a sufficient number of credit hours to  be  considered  at  least  a
    56  half-time student but not a full-time student.

        S. 1840                             3

     1    (c)  The  department  may  prescribe  by rule or regulation whether to
     2  include fees, and any limitations related to the inclusion of fees, when
     3  determining the actual cost of tuition or the average  cost  of  tuition
     4  under this subdivision.
     5    6.  Total  grant amount. The total amount in grants awarded under this
     6  section by the department may not exceed ten million dollars per  fiscal
     7  year,  or  any lesser amount available to the department for the purpose
     8  of this section. The department may adopt  by  rule  or  regulation  the
     9  priority  by which grants are awarded, which may allow for preference to
    10  be given to persons enrolled in school districts or  high  schools  that
    11  meet specified criteria.
    12    7.  Rules  and  regulations.  The department shall adopt any rules and
    13  regulations necessary for the administration of this  section  including
    14  any requirements related to:
    15    (a)  specifying  the  form and timelines for submitting an application
    16  for a grant under this section;
    17    (b) determining whether a person is eligible for a  grant  under  this
    18  section, including whether the person shall be given priority as allowed
    19  under subdivision six of this section;
    20    (c)  implementing  programs  or  policies  that  improve  the academic
    21  success or completion rates for persons who receive a grant  under  this
    22  section;
    23    (d)  prescribing  eligibility  requirements and grant calculations for
    24  persons dually enrolled in a community college and a public  university;
    25  and
    26    (e)  evaluating  the  impact  of  the  program  established under this
    27  section, including any requirements for reporting data needed for evalu-
    28  ation.
    29    8. No later than December thirty-first of each even-numbered year, the
    30  department shall submit to the governor, the temporary president of  the
    31  senate  and  the  speaker  of  the assembly a report that summarizes the
    32  department's findings on the impact of  the  program  established  under
    33  this section.  Such report shall include:
    34    (a)  student  completion  rates  of  curricula,  degrees  and programs
    35  described in subparagraph (ii) of paragraph (a) of subdivision three  of
    36  this section;
    37    (b)  the amount of federal aid grants received by persons who received
    38  a grant under this section;
    39    (c) the financial impact of the program on school districts  that  had
    40  students receive a grant under this section;
    41    (d)  the  financial  and enrollment impact of the program on community
    42  colleges and public universities in this state; and
    43    (e) the overall success rate of this program and financial  impact  of
    44  the program.
    45    § 2. The sum of four hundred fifty million dollars ($ 450,000,000.00),
    46  or  so  much  thereof as may be necessary, is hereby appropriated to the
    47  department of education from any moneys in the  state  treasury  in  the
    48  general  fund to the credit of the department of education not otherwise
    49  appropriated for services and expenses of the  New  York  State  Promise
    50  Program  for  the  purposes  of carrying out the provisions of this act.
    51  Such sum shall be payable on the audit and warrant of  the  state  comp-
    52  troller  on vouchers certified or approved by the commissioner of educa-
    53  tion, or his duly designated representative in the  manner  provided  by
    54  law.  No  expenditure  shall  be  made  from  this appropriation until a
    55  certificate of approval of availability shall have been  issued  by  the
    56  director  of  the budget and filed with the state comptroller and a copy

        S. 1840                             4

     1  filed with the chairman of the senate finance committee and the chairman
     2  of the assembly ways  and  means  committee.  Such  certificate  may  be
     3  amended  from  time  to time by the director of the budget and a copy of
     4  each  such  amendment  shall  be  filed  with the state comptroller, the
     5  chairman of the senate finance committee and the chairman of the  assem-
     6  bly ways and means committee.
     7    § 3. This act shall take effect on the one hundred twentieth day after
     8  it shall have become a law and apply to courses enrolled in beginning in
     9  the 2023-2024 academic year.
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