STATE OF NEW YORK ________________________________________________________________________ 5616--A 2023-2024 Regular Sessions IN SENATE March 8, 2023 ___________ Introduced by Sens. MAYER, ADDABBO, CHU, JACKSON, LIU, MANNION, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to tuition assistance program awards for dual or concurrent enrollment coursework 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 article 13-D 2 to read as follows: 3 ARTICLE 13-D 4 TUITION ASSISTANCE PROGRAM AWARDS FOR DUAL ENROLLMENT 5 COURSEWORK 6 Section 645. Tuition assistance program awards for dual or concurrent 7 enrollment coursework. 8 § 645. Tuition assistance program awards for dual or concurrent 9 enrollment coursework. 1. Legislative intent. The legislature hereby 10 finds and declares it necessary to promote on time and early graduation 11 through supporting access to college-level courses and college degree 12 credits at the secondary level with innovative partnerships among 13 secondary and post-secondary schools, staff and resources. The legisla- 14 ture also values early college high school programs, P-TECH programs, 15 and other dual or concurrent enrollment programs which not only increase 16 students' access to higher education, but also reduce potential costs 17 for students in completing college degrees by allowing them to either 18 complete a degree upon graduation from high school or to apply their 19 earned college credits toward a Baccalaureate degree. This legislation 20 provides incentives for high school students to proceed to college and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10124-02-4S. 5616--A 2 1 to earn a college degree by accelerating their overall completion of 2 such a degree. It also better prepares high school students for 3 college-level coursework, which will in turn, increase their academic 4 performance. Ultimately, dual or concurrent enrollment programs increase 5 graduation rates both at the high school and college levels. 6 The legislature hereby finds and declares it necessary to provide 7 funding for dual or concurrent enrollment programs to ensure access to 8 high quality programming that continues to innovate and continues to 9 grow through performance based results. Students will require less 10 tuition assistance funds (TAP) to complete their degree at the post-sec- 11 ondary level and potentially avoid new debt. 12 2. Establishment of dual or concurrent enrollment tuition assistance 13 program awards. Notwithstanding any rule, regulation, or law to the 14 contrary, the president is hereby authorized to award dual or concurrent 15 enrollment program awards for payment annually, beginning with the two 16 thousand twenty-three--two thousand twenty-four academic year and in 17 each academic year thereafter, through the department, to school 18 districts in which dual or concurrent enrollment programs are located, 19 upon application by such school districts, and in such amounts as are 20 authorized to be paid by subdivision five of this section. 21 3. Definitions. For purposes of this section: 22 a. "dual or concurrent enrollment program" means a program of study 23 that provides post-secondary coursework outside of a post-secondary 24 setting for eligible students enrolled in programs with high school 25 courses leading to the granting of a high school diploma and college- 26 level credit leading to the granting of a post-secondary degree, diploma 27 or certificate at a post-secondary institution. Such dual or concurrent 28 enrollment program shall have a written agreement between the partic- 29 ipating high school and an institution of higher education located with- 30 in New York state outlining policies for the academic program including, 31 but not limited to, the type of degree and credits awarded. 32 b. "eligible student" means a student who: 33 (i) has graduated from a dual or concurrent enrollment program in the 34 two thousand twenty-two--two thousand twenty-three academic year or 35 thereafter; 36 (ii) is matriculated in an approved program leading to the granting of 37 a post-secondary degree at a post-secondary institution eligible to 38 participate in the tuition assistance program; 39 (iii) meets the eligibility criteria for a general award pursuant to 40 section six hundred sixty-one of this title; 41 (iv) is eligible for a tuition assistance program award pursuant to 42 section six hundred sixty-seven of this title; and 43 (v) has received degree granting credit from a post-secondary institu- 44 tion eligible to participate in the tuition assistance program for the 45 coursework undertaken in the approved dual or concurrent enrollment 46 program. 47 4. Part-time study. A student who otherwise satisfies the eligibility 48 requirements set forth in paragraph b of subdivision three of this 49 section and is enrolled at least half-time at a post-secondary institu- 50 tion eligible to participate in the tuition assistance program, shall 51 also be deemed an eligible student. 52 5. Amount. The commissioner shall make an award to the school district 53 in which the dual or concurrent enrollment program is located for each 54 eligible student in an amount certified by the president. 55 § 2. The education law is amended by adding a new section 669-i to 56 read as follows:S. 5616--A 3 1 § 669-i. Dual or concurrent enrollment award program. 1. Certif- 2 ication. For each student identified by the post-secondary institution, 3 which shall be eligible to participate in the tuition assistance 4 program, shall certify to the president: (i) whether such student is 5 eligible for a tuition assistance program award pursuant to section six 6 hundred sixty-seven of this subpart; (ii) whether such student meets the 7 eligibility criteria for a general award pursuant to section six hundred 8 sixty-one of this part; (iii) whether such student satisfies the 9 requirement set forth in subdivision four of section six hundred forty- 10 five of this title; (iv) the number of degree granting credits such 11 student received from the post-secondary institution for the coursework 12 undertaken in the dual or concurrent enrollment program; and (v) such 13 other information as the commissioner and/or the president deem neces- 14 sary to administer the program. The president shall certify this infor- 15 mation and the amount of the award calculated in accordance with subdi- 16 vision two of this section to the commissioner. 17 2. Calculation of award amounts. The president shall be responsible 18 for calculating the dollar amount of each award in an amount equal to 19 the product of: the number of degree granting credits accepted by the 20 eligible student's post-secondary institution for coursework undertaken 21 in the dual or concurrent enrollment program for such eligible student 22 and the dollar amount established for one credit for such eligible 23 student. For an eligible student enrolled full-time at a post-secondary 24 institution eligible to participate in the tuition assistance program, 25 the dollar amount for one credit shall be established as the quotient 26 of: the eligible student's tuition assistance program award pursuant to 27 section six hundred sixty-seven of this subpart; and the minimum number 28 of credits required for full-time study as defined by the commissioner. 29 For an eligible student enrolled part-time at a post-secondary institu- 30 tion eligible to participate in the tuition assistance program, the 31 dollar amount for one credit shall be established as the quotient of: 32 the average tuition assistance program award paid to all part-time 33 tuition assistance program recipients, pursuant to section six hundred 34 sixty-six of this subpart, from the academic year two years prior to the 35 academic year in which the award is to be made; and the average number 36 of credits taken by such recipients. 37 3. Award disbursement. Annual award disbursements shall be the respon- 38 sibility of the commissioner through a joint agreement with the presi- 39 dent and shall be made directly to the school district in which the dual 40 or concurrent enrollment program is located using funds appropriated to 41 the tuition assistance program. 42 § 3. This act shall take effect on the first of July next succeeding 43 the date on which it shall have become a law. Effective immediately the 44 addition, amendment and/or repeal of any rule or regulation necessary 45 for implementation of this act on its effective date are authorized to 46 be made and completed on or before such date.