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
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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.