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STATE OF NEW YORK ________________________________________________________________________ 4431--A 2015-2016 Regular Sessions IN SENATE March 20, 2015 ___________ Introduced by Sens. AVELLA, MONTGOMERY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Higher Educa- tion -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to establishing a New York state nursing faculty scholarship incentive program for advanced degrees in nursing The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 605 of the education law is amended by adding a new 2 subdivision 13 to read as follows: 3 13. New York state nursing faculty scholarship incentive program. a. 4 Purpose. The commissioner shall award scholarships for the purpose of 5 increasing the number of educators and adjunct clinical faculty teaching 6 in a field of nursing education in New York state. Such scholarships 7 shall be awarded on a competitive basis to applicants who are registered 8 professional nurses with previous clinical experience in nursing and who 9 demonstrate academic merit for admission to masters or doctoral programs 10 in nursing which will enhance the recipient's proficiency as a nursing 11 educator. Preference shall be given to applicants who are employed as 12 registered professional nurses, will attend such masters or doctoral 13 program full-time and whose cost to attend such program is partially 14 underwritten a minimum of twenty-five percent by agreement with a commu- 15 nity agency, health care provider and/or approved nursing program. 16 b. Eligibility. To be eligible for an award pursuant to this subdivi- 17 sion, applicants shall agree to serve, upon completion of the degree 18 program, as nursing educators or as adjunct clinical faculty in approved 19 nursing programs within New York state that lead to licensure in nursing 20 under article one hundred thirty-nine of this chapter. Applicants shall 21 serve the equivalent of nine months full-time service in such programs EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01598-02-6S. 4431--A 2 1 for each annual award received by the recipient, but no less than two 2 academic years. Such service shall be completed and apportioned in 3 accordance with criteria established by the commissioner. Annual awards 4 shall not be made to applicants who enroll in less than fifteen hours of 5 academic credit applicable to the masters or doctoral program in which 6 they are enrolled in any calendar year. 7 c. Agreements. The president shall, in consultation with the commis- 8 sioner, develop and secure from each successful applicant a written 9 agreement to serve as a nursing educator or adjunct clinical nurse 10 faculty in New York. Within such time as the commissioner shall by regu- 11 lation provide, a recipient of an award shall have served for that 12 number of months calculated by multiplying by nine the number of equal- 13 ized annual payments received by the recipient. In no case shall the 14 total number of months of service required be less than eighteen. If a 15 recipient fails to comply fully with such conditions, the president 16 shall be entitled to receive from such recipient an amount to be deter- 17 mined by the formula: 18 A = 2B (t-s) 19 ----- 20 t 21 in which "A" is the amount the president is entitled to recover; "B" is 22 the sum of all payments made to the recipient by the president and the 23 interest on such amount which would be payable if at the times such 24 awards were paid they were loans bearing interest at the maximum 25 prevailing rate; "t" is the total number of months in the recipient's 26 period of obligated services; and "s" is the number of months of service 27 actually rendered by the recipient. Any amount which the president is 28 entitled to recover under this paragraph shall be paid within the five- 29 year period beginning on the date that the recipient failed to comply 30 with this service condition. Nothing in the written agreement shall 31 affect the terms of employment of the individual who shall negotiate, 32 separate and apart from the program, his or her salary and other forms 33 of employment with an agency, institution, or a program in which he or 34 she shall be employed. 35 Any obligation to comply with such provisions as outlined in this 36 section shall be cancelled upon the death of the recipient. The commis- 37 sioner shall make regulations to provide for the waiver or suspension of 38 any financial obligation which would involve extreme hardship. 39 d. Reporting. A recipient of an award shall report annually to the New 40 York state higher education services corporation, on forms prescribed by 41 the president, as to the performance of the required services, commenc- 42 ing with the calendar year in which the recipient begins to engage in 43 the teaching or training of nursing students in a degree program at an 44 accredited nursing school in this state and continuing until the recipi- 45 ent shall have completed, or it is determined that he or she shall not 46 be obligated to complete, the required services. If the recipient shall 47 fail to file any report required pursuant to this paragraph within thir- 48 ty days of written notice to the recipient, mailed to the address shown 49 on the last application for an award or last report filed, whichever is 50 later, the president of the corporation may impose a fine of up to one 51 thousand dollars. The president shall have the discretion to waive the 52 filing of a report, excuse a delay in filing or a failure to file a 53 report, or waive or reduce any fine imposed for good cause shown.S. 4431--A 3 1 e. Other awards. Award recipients shall be eligible to apply for addi- 2 tional awards. 3 § 2. The education law is amended by adding a new section 671-a to 4 read as follows: 5 § 671-a. New York state nursing faculty scholarship incentive program. 6 1. Number and certification. Thirty nursing scholarships for advanced 7 degrees in nursing shall be awarded each academic year beginning in the 8 two thousand seventeen--two thousand eighteen academic year. Such schol- 9 arships shall be allocated as provided in subdivision thirteen of 10 section six hundred five of this title to eligible students as certified 11 to the president by the commissioner, except that, in so far as is prac- 12 ticable, one-half of such scholarships shall be awarded to masters 13 degree candidates and one-half to doctoral degree candidates. 14 2. Duration. Each scholarship shall entitle the recipient to an annual 15 award while enrolled in an approved course of study leading to an 16 advanced degree in nursing or nursing education, but not exceeding the 17 period of study required to complete the program, as such progress, 18 approved courses and expected periods of study are defined by the 19 commissioner pursuant to article thirteen of this chapter. 20 3. Amount. The president shall make awards of fifteen thousand 21 dollars, or a prorated annual amount based on the number of credit hours 22 in which the recipient is enrolled, except that such annual award shall 23 not exceed the recipient's cost of attendance. "Cost of attendance" 24 shall mean the cost of: tuition at an approved masters or doctoral 25 program in nursing or nursing education, which the commissioner deter- 26 mines will enhance the recipient's proficiency as a nursing educator; 27 laboratory and other fees; room and board; supplies; transportation; 28 health insurance coverage; books; child care; and stipend for daily 29 living expenses in an amount to be determined by the president in 30 consultation with the commissioner. 31 § 3. This act shall take effect immediately.