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. LBD06019-01-3S. 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 copyS. 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.
