Bill Text: NY S07464 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-01-03 - REFERRED TO EDUCATION [S07464 Detail]
Download: New_York-2023-S07464-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7464 2023-2024 Regular Sessions IN SENATE May 30, 2023 ___________ Introduced by Sen. MAYER -- (at request of the State Education Depart- ment) -- read twice and ordered printed, and when printed to be committed to the Committee on Education 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. Legislative intent. The legislature hereby finds and 2 declares it necessary to preserve and continue the New York State Smart 3 Scholars early college high school program and the New York state path- 4 ways in technology early college high school program (P-TECH program) 5 which provide various students, including those traditionally underrep- 6 resented in post-secondary education, with the opportunity to access 7 college-level courses and college degree credits and career 8 preparation/readiness opportunities at the high school level with the 9 combined support of high school and college staff and resources, and for 10 P-TECH programs, career training and employment in a highly skilled job 11 upon completion of the program. The New York State Smart Scholars early 12 college high school program not only increases students' access to high- 13 er education, but also reduces potential costs for students in complet- 14 ing college degrees by allowing them to either complete a degree upon 15 graduation from high school or to apply their earned college credits 16 towards an associate's or baccalaureate's degree. This innovative 17 program provides incentives to high school students to proceed to 18 college and to earn a college degree by accelerating their overall 19 completion of a degree. It also better prepares them for college-level 20 coursework, which, will in turn, increase their academic performance. 21 Ultimately, this program increases graduation rates both at the high 22 school and college levels, especially for academically at-risk students. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09043-01-3S. 7464 2 1 The New York State P-TECH program, through a public-private partner- 2 ship, prepares thousands of New York students for high-skill jobs of the 3 future in fields including, but not limited to, science, technology, 4 engineering, manufacturing, healthcare, except for the licensed 5 professions under Title VIII of the education law unless otherwise 6 determined by the commissioner of education, finance and math-related 7 career areas. The New York State P-TECH program provides students with a 8 rigorous, relevant and cost-free high school and college education and a 9 workplace learning environment with ongoing mentoring by professionals 10 in the chosen career sector to better prepare these students for 11 successful careers. Students also receive a commitment from the partic- 12 ipating employer to be first in line for an opportunity for a job 13 following completion of the program. Ultimately, this program increases 14 graduation rates both at the high school and college levels and provides 15 essential career training for academically at-risk, disadvantaged 16 students, which at the completion of the program improves students' 17 readiness for employment in a 21st century workplace. 18 The legislature hereby finds and declares it necessary to provide 19 funding for these programs to ensure that they continue in operation and 20 continue to provide students with these valuable services. The legisla- 21 ture also finds and declares it necessary to provide additional funding 22 for the state education department to administer and evaluate these 23 critical programs. These funds will support program staff to supplement 24 the oversight already being provided to these programs, and ensure the 25 timely and accurate analysis of data to further enhance and validate 26 these programs. 27 § 2. Title 7 of the education law is amended by adding a new article 28 130-A to read as follows: 29 ARTICLE 130-A 30 COLLEGE CREDIT OPPORTUNITY PROGRAMS 31 Section 6457. Grant awards for New York State Smart Scholars Early 32 College High School Programs. 33 6458. Grant awards for New York State Pathways in Technology 34 Early College High School Programs. 35 § 6457. Grant awards for New York State Smart Scholars Early College 36 High School Programs. 1. For the purposes of this section: 37 a. "NYS Smart Scholars Early College High School Program" or "NYS 38 Smart Scholars ECHS Program" means a formal partnership between a school 39 district or a board of cooperative educational services and at least one 40 institution of higher education, which provides eligible students 41 enrolled in such program with high school courses leading to the grant- 42 ing of a high school diploma, and college-level courses leading to the 43 granting of at least twelve college credits and up to a post-secondary 44 degree or diploma from such partner institution or institutions of high- 45 er education at no cost to the student or the student's family. A formal 46 partnership may include a for-profit degree granting institution of 47 higher education registered with the department if such institution was 48 included in a partnership of a previously funded NYS Smart Scholars 49 Early College High School Program, and such partnership was approved by 50 the commissioner pursuant to a request for proposals process prior to 51 the effective date of this section. 52 b. "Approved NYS Smart Scholars Early College High School program" 53 means a NYS Smart Scholars Early College High School Program, and such 54 program was approved by the commissioner in accordance with the regu- 55 lations of the commissioner and any request for proposals issued under 56 this section.S. 7464 3 1 c. "Eligible applicant" means a New York state school district, a 2 board of cooperative educational services, or institution of higher 3 education, in a partnership for the purpose of offering a NYS Smart 4 Scholars Early College High School Program to eligible students, any of 5 which may serve as the fiscal agent. The eligible applicant's partner- 6 ship may include one or more school districts, a board of cooperative 7 educational services, or one or more institutions of higher education 8 but all partnerships must include a school district or a board of coop- 9 erative educational services, and an institution of higher education. 10 d. "Eligible student" means a student who is a resident of a partner- 11 ing school district, or a resident of a component district of a partner- 12 ing board of cooperative educational services, and is enrolled, as 13 defined in regulations of the commissioner, in such district. 14 e. "Previously funded NYS Smart Scholars Early College High School 15 Program" means a NYS Smart Scholars Early College High School Program 16 that was approved by the commissioner in any request for proposals proc- 17 ess before the effective date of this section. 18 f. "Institution of higher education" means a New York state public or 19 not-for-profit institution of higher education that has been authorized 20 by the New York state board of regents to award post-secondary degrees. 21 2. a. For the purposes of increasing high school graduation rates for 22 academically at-risk and/or economically disadvantaged students, and 23 increasing their participation in post-secondary education through a 24 network of early college high school partnerships in the state, the 25 commissioner shall, subject to an appropriation and the procedures 26 established in this section, allocate funds available for NYS Smart 27 Scholars ECHS Programs. Funding shall first be available to previously 28 funded or approved NYS Smart Scholars ECHS Programs that meet the 29 requirements under paragraph b of this subdivision, and remaining funds 30 shall be available for new NYS Smart Scholars ECHS Programs. 31 b. Notwithstanding any other provision of law to the contrary, a 32 previously funded NYS Smart Scholars ECHS Program or an approved NYS 33 Smart Scholars ECHS Program shall continue to be eligible for funding 34 under this section and shall not have to compete for funding under this 35 section provided that: 36 (i) the program has been continuously awarded funding by the depart- 37 ment in accordance with all applicable laws; and 38 (ii) such program demonstrates that it continues to be a successful 39 NYS Smart Scholars Early College High School Program by meeting certain 40 benchmarks and program requirements as prescribed by the department 41 consistent with the intent and purpose of the request for proposals 42 process and the terms of any program agreement under which such program 43 is funded. If the program fails to meet such benchmarks and program 44 requirements, it may be subject to certain corrective action as 45 described in regulations of the commissioner, which may include but not 46 be limited to establishment of timelines to meet program standards, a 47 limitation of enrollment, termination of the contract and/or grant, 48 closure of the program, and/or requiring a teach-out agreement with an 49 approved NYS Smart Scholars Early College High School Program to 50 describe how students will be transferred to such program upon closure. 51 Monies made available under this section may be spent to implement a 52 corrective action plan issued under this section and/or for tuition, 53 books and fees for non-remedial, credit-bearing college courses at an 54 institution of higher education for students who were enrolled in a NYS 55 Smart Scholars Early College High School Program that subsequently clos- 56 es before the student completes the program; provided such student isS. 7464 4 1 taking comparable courses to what was offered in the Smart Scholars ECHS 2 Program as determined by the commissioner. 3 c. Any eligible applicant whose NYS Smart Scholars ECHS Program was 4 previously funded or approved pursuant to a request for proposals proc- 5 ess shall be required to compete for funds under this section if such 6 applicant is proposing to offer a new NYS Smart Scholars ECHS Program, 7 as determined by the commissioner. 8 d. School districts shall provide all students with disabilities and 9 English language learners enrolled in a NYS Smart Scholars ECHS Program 10 with any support services and programs required under all applicable 11 federal and state laws and regulations. 12 3. a. Subject to an appropriation, the commissioner shall make awards 13 to eligible applicants for the establishment of new NYS Smart Scholars 14 ECHS Programs through a competitive request for proposals process. 15 b. The commissioner shall prioritize eligible applicants that demon- 16 strate the willingness and capacity to serve students who have been 17 identified as economically disadvantaged and/or academically at-risk for 18 not successfully completing high school or not enrolling in or succeed- 19 ing in college. 20 c. Eligible applicants shall file an application for approval by the 21 commissioner in a timeframe and manner prescribed by the commissioner, 22 demonstrating a need for such funding, including how the funding would 23 be used and how many students would be assisted with such funding. 24 Successful applicants will be funded as provided in accordance with the 25 request for proposals process. 26 4. a. Monies made available under this section shall be spent for the 27 following purposes as further prescribed by the commissioner in regu- 28 lation: 29 (i) to provide additional staffing for the NYS Smart Scholars ECHS 30 Program, including a program director and college liaison; 31 (ii) for student recruitment activities; 32 (iii) to provide professional development to promote the NYS Smart 33 Scholars ECHS Program, including cross-curriculum development between 34 secondary and post-secondary education partners to ensure curriculum 35 alignment that prepares students to succeed in college-level courses 36 while in high school; 37 (iv) for workshops and planning meetings between partners, including 38 counselors, parents, and college faculty, to support program sustaina- 39 bility and build awareness in the district on the benefits of having 40 such programs; 41 (v) for academic and social support services to promote college read- 42 iness and a college-going culture; 43 (vi) for transportation for students to take courses and participate 44 in activities at the NYS Smart Scholars ECHS site and at the partner 45 campus of the higher education partners; and 46 (vii) for tuition, books and fees; provided however that tuition 47 reimbursement shall only be allowable for non-remedial, credit-bearing 48 college courses. 49 b. No funds spent pursuant to this section shall be made available to 50 support the regular academic programs of any school district, board of 51 cooperative educational services or institution or institutions of high- 52 er education participating in this program, nor shall funds be provided 53 for programs which are incompatible with the regents plan for the expan- 54 sion and development of higher education in this state. 55 § 6458. Grant awards for New York State Pathways in Technology Early 56 College High School Programs. 1. For the purposes of this section:S. 7464 5 1 a. "NYS Pathways in Technology Early College High School Program" or 2 "NYS P-TECH Program" means a program which provides eligible students 3 enrolled in such program with high school courses leading to the grant- 4 ing of a high school diploma, college-level courses leading to the 5 granting of an associate degree, or a recognized industry certification 6 aligned to career readiness standards approved by the department, at a 7 partnering institution of higher education, and career training with an 8 eligible partnering employer. Such program is operated by a New York 9 state school district or a board of cooperative educational services 10 that forms a partnership with: 11 (i) one or more New York state institutions of higher education 12 provided that at least one institution of higher education offers a 13 registered associate level degree program that is the industry standard 14 for the targeted jobs, linked to the goals of the NYS P-TECH Program, or 15 offers a program leading to a recognized industry certification aligned 16 to career readiness standards approved by the department, and which 17 awards the degree or certification at no cost to the student or the 18 student's family; and 19 (ii) a regional New York state employer or consortium of employers 20 from related sectors and/or industry/entity/association that requires 21 skilled employees which will utilize the knowledge and skills obtained 22 from the secondary and post-secondary programs, and agrees to grant 23 students who successfully complete the program with the opportunity to 24 be first in line for a job. 25 b. "Approved NYS P-TECH Program" means a NYS P-TECH Program and such 26 program was approved by the commissioner in accordance with the regu- 27 lations of the commissioner and any request for proposals process under 28 this section. 29 c. "Eligible applicant" means a New York state school district, 30 including those districts with career and technical high schools, or a 31 board of cooperative educational services, either of which may serve as 32 the fiscal agent. The eligible applicant may work in cooperation with 33 other school districts, a board of cooperative educational services, or 34 any combination of these as a consortium applicant. 35 d. "Eligible student" means a student who is a resident of a partner- 36 ing district, or a resident of a component district of a partnering 37 board of cooperative educational services and is enrolled, as defined in 38 regulations of the commissioner, in such district. 39 e. "Previously funded NYS P-TECH Program" means an NYS P-TECH Program 40 that was approved by the commissioner in any prior request for proposals 41 process before the effective date of this section. 42 f. "Institution of higher education" means a New York state public or 43 not-for-profit institution of higher education that has been authorized 44 by the New York state board of regents to award post-secondary degrees. 45 2. a. Subject to an appropriation and the procedures established in 46 this section, the commissioner shall allocate the funds available for 47 NYS P-TECH Programs for the purposes of preparing eligible academically 48 at-risk and/or economically disadvantaged students for high-skill jobs 49 including, but not limited to those in science, technology, engineering, 50 manufacturing, healthcare, except for the licensed professions under 51 title eight of this chapter unless otherwise determined by the commis- 52 sioner, finance, teaching, the arts, computer science, and math-related 53 careers through an academic program that combines high school, college, 54 and career training that may extend up to two years beyond a student's 55 completion of graduation requirements. Funding shall first be available 56 to previously funded or approved NYS P-TECH Programs that meet theS. 7464 6 1 requirements under paragraph b of this subdivision, and remaining funds 2 shall be available for new programs. 3 b. Notwithstanding any other provision of law to the contrary, a 4 previously funded NYS P-TECH Program or an approved NYS P-TECH Program 5 shall continue to be eligible for funding under this section and shall 6 not have to compete for funding under this section provided that: 7 (i) the program has been continuously awarded funding by the depart- 8 ment in accordance with all applicable laws; and 9 (ii) such program demonstrates that it continues to be a successful 10 NYS P-TECH Program by meeting certain benchmarks and program require- 11 ments as prescribed by the department consistent with the intent and 12 purpose of the request for proposals process and the terms of any 13 program agreement under which such program is funded. If the program 14 fails to meet such benchmarks and program requirements, it may be 15 subject to certain corrective action as described in regulations of the 16 commissioner, which may include but not be limited to establishment of 17 timelines to meet program standards, a limitation of enrollment, termi- 18 nation of the grant, closure of the program, and/or requiring a teach- 19 out agreement with an approved NYS P-TECH Program to describe how 20 students will be transferred to such program upon closure. Monies made 21 available under this section may also be spent to implement a corrective 22 action plan issued under this section and/or for tuition, books and fees 23 for non-remedial credit-bearing college courses at an institution of 24 higher education for students who were enrolled in NYS P-TECH Program 25 that subsequently closes before the student completes the program; 26 provided such student is taking comparable courses to what was offered 27 in the NYS P-TECH program as determined by the commissioner. 28 c. Any eligible applicant whose NYS P-TECH Program was previously 29 funded or approved pursuant to a request for proposals process shall be 30 required to compete for funds under this section if such applicant is 31 proposing to offer a new NYS P-TECH Program, as determined by the 32 commissioner. 33 d. School districts shall provide all students with disabilities and 34 English language learners enrolled in a NYS P-TECH Program with any 35 support services and programs required under all applicable federal and 36 state laws and regulations. 37 e. The higher education institution shall not independently change or 38 eliminate courses that the student needs to complete their program to 39 receive an associate degree in the academic area or a recognized indus- 40 try certification aligned to career readiness standards that they 41 originally enrolled in unless otherwise approved by the student and each 42 NYS P-TECH partner. 43 3. a. Subject to an appropriation the commissioner shall make awards 44 to eligible applicants for the establishment of new NYS P-TECH Programs 45 through a competitive request for proposals process. 46 b. The commissioner shall prioritize eligible applicants that demon- 47 strate the willingness and capacity to serve students who have been 48 identified as economically disadvantaged and/or academically at-risk for 49 not successfully completing high school or not enrolling in or succeed- 50 ing in college. 51 c. Eligible applicants shall file an application for approval by the 52 commissioner in a timeframe and manner prescribed by the commissioner, 53 demonstrating a need for such funding, including how the funding would 54 be used and how many students would be assisted with such funding. 55 Successful applicants will be funded in accordance with the regulations 56 of the commissioner.S. 7464 7 1 4. a. Monies made available under this section shall be spent for the 2 following purposes, as further prescribed by the commissioner in regu- 3 lations of the commissioner: 4 (i) to provide additional staffing for the NYS P-TECH Program, includ- 5 ing but not limited to a program director and college liaison; 6 (ii) for an existing evidence-based and/or standards based curriculum 7 including but not limited to a focus on a career in science, technology, 8 engineering, manufacturing, healthcare, except for the licensed 9 professions under title eight of this chapter unless otherwise deter- 10 mined by the commissioner, finance or math-related career area within a 11 NYS P-TECH Program; 12 (iii) for recruitment activities for eligible students; 13 (iv) to provide professional development to promote the NYS P-TECH 14 Program, including cross-curriculum development between partners and to 15 ensure curriculum alignment that prepares students to succeed in 16 college-level courses while in high school and during career training; 17 (v) up to ten percent of funds awarded under this section may be used 18 to purchase equipment needed to upgrade existing programs or new equip- 19 ment to start a program; provided that a program may seek permission 20 from the commissioner for a waiver of the ten percent cap, and such 21 request must include a justification for why equipment in excess of the 22 cap is necessary to accomplish the goals of the NYS P-TECH Program; 23 (vi) for workshops and planning meetings between partners, including 24 counselors, parents, and college faculty, and business leaders to 25 support program sustainability and build awareness in the district on 26 the benefits of having such programs; 27 (vii) for post-secondary curriculum development that facilitates 28 alignment and articulation with secondary programs leading to college 29 degrees and/or other industry recognized credentials or certifications 30 that meet the needs of employers; 31 (viii) for service contracts between members of the partnership; 32 (ix) for transportation for eligible students to take courses and 33 participate in activities at the NYS P-TECH site, at partner employers' 34 locations, and at the partner campus of the higher education partner; 35 and 36 (x) for tuition, books and fees; provided that tuition reimbursement 37 shall only be allowable for non-remedial, credit-bearing college cours- 38 es. 39 b. No funds pursuant to this section shall be made available to 40 support the regular academic programs of any school district, board of 41 cooperative educational services or institution or institutions of high- 42 er education participating in this program, nor shall funds be provided 43 for programs which are incompatible with the regents plans for the 44 expansion and development of higher education in this state. 45 § 3. This act shall take effect on the thirtieth day after it shall 46 have become a law. Effective immediately the addition, amendment and/or 47 repeal of any rule or regulation necessary for the implementation of 48 this act on its effective date are authorized to be made on or before 49 such date.
