Bill Text: NY S09060 | 2017-2018 | General Assembly | Introduced


Bill Title: Continues NYS Smart Scholars early college high school program and the NYS pathways in technology early college high school program.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-06-18 - referred to ways and means [S09060 Detail]

Download: New_York-2017-S09060-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          9060
                    IN SENATE
                                      June 15, 2018
                                       ___________
        Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules
        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-
    23  lations of the commissioner and any request for proposals  issued  under
    24  this section.
    25    c.  "Eligible  applicant"  means  a  New York state school district, a
    26  board of cooperative educational  services,  or  institution  of  higher
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15301-13-8

        S. 9060                             2
     1  education,  in  a  partnership  for  the purpose of offering a NYS Smart
     2  Scholars Early College High School Program to eligible students, any  of
     3  which  may  serve as the fiscal agent. The eligible applicant's partner-
     4  ship  may  include  one or more school districts, a board of cooperative
     5  educational services, or one or more institutions  of  higher  education
     6  but  all partnerships must include a school district or a board of coop-
     7  erative educational services, and an institution of higher education.
     8    d. "Eligible student" means a student who is a resident of a  partner-
     9  ing school district, or a resident of a component district of a partner-
    10  ing  board  of  cooperative  educational  services,  and is enrolled, as
    11  defined in regulations of the commissioner, in such district.
    12    e. "Previously funded NYS Smart Scholars  Early  College  High  School
    13  Program"  means  a  NYS Smart Scholars Early College High School Program
    14  that was approved by the commissioner in any request for proposals proc-
    15  ess before the effective date of this section.
    16    f. "Institution of higher education" means a New York state public  or
    17  not-for-profit  institution of higher education that has been authorized
    18  by the New York state board of regents to award post-secondary degrees.
    19    2. a. For the purposes of increasing high school graduation rates  for
    20  academically  at-risk  and/or  economically  disadvantaged students, and
    21  increasing their participation in  post-secondary  education  through  a
    22  network  of  early  college  high  school partnerships in the state, the
    23  commissioner shall, subject  to  an  appropriation  and  the  procedures
    24  established  in  this  section,  allocate  funds available for NYS Smart
    25  Scholars ECHS Programs. Funding shall first be available  to  previously
    26  funded  or  approved  NYS  Smart  Scholars  ECHS  Programs that meet the
    27  requirements under paragraph b of this subdivision, and remaining  funds
    28  shall be available for new NYS Smart Scholars ECHS Programs.
    29    b.  Notwithstanding  any  other  provision  of  law to the contrary, a
    30  previously funded NYS Smart Scholars ECHS Program  or  an  approved  NYS
    31  Smart  Scholars  ECHS  Program shall continue to be eligible for funding
    32  under this section and shall not have to compete for funding under  this
    33  section provided that:
    34    (i)  the  program has been continuously awarded funding by the depart-
    35  ment in accordance with all applicable laws; and
    36    (ii) such program demonstrates that it continues to  be  a  successful
    37  NYS  Smart Scholars Early College High School Program by meeting certain
    38  benchmarks and program requirements  as  prescribed  by  the  department
    39  consistent  with  the  intent  and  purpose of the request for proposals
    40  process and the terms of any program agreement under which such  program
    41  is  funded.  If  the  program  fails to meet such benchmarks and program
    42  requirements,  it  may  be  subject  to  certain  corrective  action  as
    43  described  in regulations of the commissioner, which may include but not
    44  be limited to establishment of timelines to meet  program  standards,  a
    45  limitation  of  enrollment,  termination of the contract, closure of the
    46  program, and/or requiring a teach-out agreement  with  an  approved  NYS
    47  Smart  Scholars  Early  College  High  School  Program  to  describe how
    48  students will be transferred to such program upon closure.
    49    c. Any eligible applicant whose NYS Smart Scholars  ECHS  Program  was
    50  previously  funded or approved pursuant to a request for proposals proc-
    51  ess shall be required to compete for funds under this  section  if  such
    52  applicant  is  proposing to offer a new NYS Smart Scholars ECHS Program,
    53  as determined by the commissioner.
    54    3. a. Subject to an appropriation, the commissioner shall make  awards
    55  to  eligible  applicants for the establishment of new NYS Smart Scholars
    56  ECHS Programs through a competitive request for proposals process.

        S. 9060                             3
     1    b. The commissioner shall prioritize eligible applicants  that  demon-
     2  strate  the  willingness  and  capacity  to serve students who have been
     3  identified as economically disadvantaged and/or academically at-risk for
     4  not successfully completing high school or not enrolling in or  succeed-
     5  ing in college.
     6    c.  Eligible  applicants shall file an application for approval by the
     7  commissioner in a timeframe and manner prescribed by  the  commissioner,
     8  demonstrating  a  need for such funding, including how the funding would
     9  be used and how many students  would  be  assisted  with  such  funding.
    10  Successful  applicants will be funded as provided in accordance with the
    11  request for proposals process.
    12    4. a. Monies made available under this section shall be spent for  the
    13  following  purposes  as  further prescribed by the commissioner in regu-
    14  lation:
    15    (i) to provide additional staffing for the  NYS  Smart  Scholars  ECHS
    16  Program, including a program director and college liaison;
    17    (ii) for student recruitment activities;
    18    (iii)  to  provide  professional  development to promote the NYS Smart
    19  Scholars ECHS Program, including  cross-curriculum  development  between
    20  secondary  and  post-secondary  education  partners to ensure curriculum
    21  alignment that prepares students to  succeed  in  college-level  courses
    22  while in high school;
    23    (iv)  for  workshops and planning meetings between partners, including
    24  counselors, parents, and college faculty, to support  program  sustaina-
    25  bility  and  build  awareness  in the district on the benefits of having
    26  such programs;
    27    (v) for academic and social support services to promote college  read-
    28  iness and a college-going culture;
    29    (vi)  for  transportation for students to take courses and participate
    30  in activities at the NYS Smart Scholars ECHS site  and  at  the  partner
    31  campus of the higher education partners; and
    32    (vii)  for  tuition,  books  and  fees;  provided however that tuition
    33  reimbursement shall only be allowable for  non-remedial,  credit-bearing
    34  college courses.
    35    b.  No funds spent pursuant to this section shall be made available to
    36  support the regular academic programs of any school district,  board  of
    37  cooperative educational services or institution or institutions of high-
    38  er  education participating in this program, nor shall funds be provided
    39  for programs which are incompatible with the regents plan for the expan-
    40  sion and development of higher education in this state.
    41    § 6458. Grant awards for New York State pathways in  technology  early
    42  college high school programs. 1. For the purposes of this section:
    43    a.  "NYS  Pathways in Technology Early College High School Program" or
    44  "NYS P-TECH Program" means a program which  provides  eligible  students
    45  enrolled  in such program with high school courses leading to the grant-
    46  ing of a high school  diploma,  college-level  courses  leading  to  the
    47  granting of a post-secondary degree at a partnering institution of high-
    48  er  education, and career training with an eligible partnering employer.
    49  Such program is operated by a New York state school district or a  board
    50  of cooperative educational services that forms a partnership with:
    51    (i)  one  or  more  New  York  state  institutions of higher education
    52  provided that at least one institution  of  higher  education  offers  a
    53  registered  associate level degree program that is the industry standard
    54  for the targeted jobs, linked to the goals of the  NYS  P-TECH  Program,
    55  and  which  awards the degree at no cost to the student or the student's
    56  family; and

        S. 9060                             4
     1    (ii) a regional New York state employer  or  consortium  of  employers
     2  from  related  sectors  and/or industry/entity/association that requires
     3  skilled employees which will utilize the knowledge and  skills  obtained
     4  from  the  secondary  and post-secondary programs, and agrees to collab-
     5  orate  in  preparing  students  for  employment  opportunities  in  such
     6  sector/industry.
     7    b. "Approved NYS P-TECH Program" means a NYS P-TECH Program  and  such
     8  program  was  approved  by the commissioner in accordance with the regu-
     9  lations of the commissioner and any request for proposals process  under
    10  this section.
    11    c.  "Eligible  applicant"  means  a  New  York  state school district,
    12  including those districts with career and technical high schools,  or  a
    13  board  of cooperative educational services, either of which may serve as
    14  the fiscal agent. The eligible applicant may work  in  cooperation  with
    15  other  school districts, a board of cooperative educational services, or
    16  any combination of these as a consortium applicant.
    17    d. "Eligible student" means a student who is a resident of a  partner-
    18  ing  district,  or  a  resident  of a component district of a partnering
    19  board of cooperative educational services and is enrolled, as defined in
    20  regulations of the commissioner, in such district.
    21    e. "Previously funded NYS P-TECH Program" means an NYS P-TECH  Program
    22  that was approved by the commissioner in any prior request for proposals
    23  process before the effective date of this section.
    24    f.  "Institution of higher education" means a New York state public or
    25  not-for-profit institution of higher education that has been  authorized
    26  by the New York state board of regents to award post-secondary degrees.
    27    2.  a.  Subject  to an appropriation and the procedures established in
    28  this section, the commissioner shall allocate the  funds  available  for
    29  NYS  P-TECH Programs for the purposes of preparing eligible academically
    30  at-risk and/or economically disadvantaged students for  high-skill  jobs
    31  including, but not limited to those in science, technology, engineering,
    32  manufacturing,  healthcare,  and  finance  through  a  six-year academic
    33  program that combines high school, college, and career training.   Fund-
    34  ing shall first be available to previously funded or approved NYS P-TECH
    35  Programs  that  meet the requirements under paragraph b of this subdivi-
    36  sion, and remaining funds shall be available for new programs.
    37    b. Notwithstanding any other provision  of  law  to  the  contrary,  a
    38  previously  funded  NYS P-TECH Program or an approved NYS P-TECH Program
    39  shall continue to be eligible for funding under this section  and  shall
    40  not have to compete for funding under this section provided that:
    41    (i)  the  program has been continuously awarded funding by the depart-
    42  ment in accordance with all applicable laws; and
    43    (ii) such program demonstrates that it continues to  be  a  successful
    44  NYS  P-TECH  Program  by meeting certain benchmarks and program require-
    45  ments as prescribed by the department consistent  with  the  intent  and
    46  purpose  of  the  request  for  proposals  process  and the terms of any
    47  program agreement under which such program is funded.   If  the  program
    48  fails  to  meet  such  benchmarks  and  program  requirements, it may be
    49  subject to certain corrective action as described in regulations of  the
    50  commissioner,  which  may include but not be limited to establishment of
    51  timelines to meet program standards, a limitation of enrollment,  termi-
    52  nation  of  the  contract,  closure  of  the program, and/or requiring a
    53  teach-out agreement with an approved NYS P-TECH Program to describe  how
    54  students will be transferred to such program upon closure.
    55    c.  Any  eligible  applicant  whose  NYS P-TECH Program was previously
    56  funded or approved pursuant to a request for proposals process shall  be

        S. 9060                             5
     1  required  to  compete  for funds under this section if such applicant is
     2  proposing to offer a new  NYS  P-TECH  Program,  as  determined  by  the
     3  commissioner.
     4    3.  a.  Subject to an appropriation the commissioner shall make awards
     5  to eligible applicants for the establishment of new NYS P-TECH  Programs
     6  through a competitive request for proposals process.
     7    b.  The  commissioner shall prioritize eligible applicants that demon-
     8  strate the willingness and capacity to  serve  students  who  have  been
     9  identified as economically disadvantaged and/or academically at-risk for
    10  not  successfully completing high school or not enrolling in or succeed-
    11  ing in college.
    12    c. Eligible applicants shall file an application for approval  by  the
    13  commissioner  in  a timeframe and manner prescribed by the commissioner,
    14  demonstrating a need for such funding, including how the  funding  would
    15  be  used  and  how  many  students  would be assisted with such funding.
    16  Successful applicants will be funded in accordance with the  regulations
    17  of the commissioner.
    18    4.  a. Monies made available under this section shall be spent for the
    19  following purposes, as further prescribed by the commissioner  in  regu-
    20  lations of the commissioner:
    21    (i) to provide additional staffing for the NYS P-TECH Program, includ-
    22  ing but not limited to a program director and college liaison;
    23    (ii)  for an existing evidence-based and/or standards based curriculum
    24  including but not limited to a focus on a career in science, technology,
    25  engineering, or math-related career area within a NYS P-TECH Program;
    26    (iii) for recruitment activities for eligible students;
    27    (iv) to provide professional development to  promote  the  NYS  P-TECH
    28  Program,  including cross-curriculum development between partners and to
    29  ensure  curriculum  alignment  that  prepares  students  to  succeed  in
    30  college-level courses while in high school and during career training;
    31    (v)  up to ten percent of funds awarded under this section may be used
    32  to purchase equipment needed to upgrade existing programs or new  equip-
    33  ment  to  start  a  program; provided that a program may seek permission
    34  from the commissioner for a waiver of the  ten  percent  cap,  and  such
    35  request  must include a justification for why equipment in excess of the
    36  cap is necessary to accomplish the goals of the NYS P-TECH Program;
    37    (vi) for workshops and planning meetings between  partners,  including
    38  counselors,  parents,  and  college  faculty,  and  business  leaders to
    39  support program sustainability and build awareness in  the  district  on
    40  the benefits of having such programs;
    41    (vii)  for  post-secondary  curriculum  development  that  facilitates
    42  alignment and articulation with secondary programs  leading  to  college
    43  degrees and/or other industry recognized credentials that meet the needs
    44  of employers;
    45    (viii) for service contracts between members of the partnership;
    46    (ix)  for  transportation  for  eligible  students to take courses and
    47  participate in activities at the NYS P-TECH site, at partner  employers'
    48  locations,  and  at  the partner campus of the higher education partner;
    49  and
    50    (x) for tuition, books and fees; provided that  tuition  reimbursement
    51  shall  only be allowable for non-remedial, credit-bearing college cours-
    52  es.
    53    b. No funds pursuant to  this  section  shall  be  made  available  to
    54  support  the  regular academic programs of any school district, board of
    55  cooperative educational services or institution or institutions of high-
    56  er education participating in this program, nor shall funds be  provided

        S. 9060                             6
     1  for  programs  which  are  incompatible  with  the regents plans for the
     2  expansion and development of higher education in this state.
     3    §  2.  This  act shall take effect on the thirtieth day after it shall
     4  have become a law. Effective immediately the addition, amendment  and/or
     5  repeal  of  any  rule  or regulation necessary for the implementation of
     6  this act on its effective date are authorized to be made  on  or  before
     7  such date.
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