STATE OF NEW YORK
________________________________________________________________________
4958
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to tuition assistance
program awards for micro-credential and certificate programs
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 667-c of the education law, as amended by section 1
2 of part E of chapter 56 of the laws of 2022, is amended to read as
3 follows:
4 § 667-c. Part-time tuition assistance program awards. 1. Notwithstand-
5 ing any law, rule or regulation to the contrary, the president of the
6 higher education services corporation is authorized to make tuition
7 assistance program awards to:
8 a. part-time students enrolled at the state university, a community
9 college, the city university of New York, and a non-profit college or
10 university incorporated by the regents or by the legislature who meet
11 all requirements for tuition assistance program awards except for the
12 students' part-time attendance; or
13 b. part-time students enrolled at a community college in a non-degree
14 workforce credential, micro-credential or certificate program directly
15 leading to the employment or advancement of a student in a "significant
16 industry" as identified by the department of labor in its three most
17 recent statewide significant industries reports published preceding the
18 student's enrollment in such non-degree workforce credential, micro-cre-
19 dential or certificate program. The state university of New York and the
20 city university of New York shall publish and maintain a master list of
21 all eligible non-degree workforce credential, micro-credential or
22 certificate program courses and update such list every semester. A
23 student who successfully completes a non-degree workforce credential,
24 micro-credential or certificate program and receives part-time tuition
25 assistance program awards pursuant to this paragraph shall be awarded
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08176-01-3
A. 4958 2
1 academic credit by the state university of New York or city university
2 of New York upon matriculation into a degree program at such institu-
3 tion, provided that such credit shall be equal to the corresponding
4 credit hours earned in the non-degree workforce credential, micro-cre-
5 dential or certificate program.
6 2. For purposes of this section:
7 a. for students defined in paragraph a of subdivision one of this
8 section, a part-time student is one who: (i) enrolled as a first-time
9 freshman during the two thousand six--two thousand seven academic year
10 or thereafter at a college or university within the state university,
11 including a statutory or contract college, a community college estab-
12 lished pursuant to article one hundred twenty-six of this chapter, the
13 city university of New York, or a non-profit college or university
14 incorporated by the regents or by the legislature;
15 (ii) is enrolled for at least six but less than twelve semester hours,
16 or the equivalent, per semester in an approved undergraduate degree
17 program; and
18 (iii) has a cumulative grade-point average of at least 2.00.
19 b. for students defined in paragraph b of subdivision one of this
20 section, a part-time student is one who: (i) meets all requirements for
21 tuition assistance program awards except for the student's part-time
22 attendance and any other requirements that are inconsistent with the
23 student's enrollment in a non-degree workforce credential, micro-creden-
24 tial or certificate program; and
25 (ii) is enrolled in an approved non-degree workforce credential,
26 micro-credential or certificate program at a community college pursuant
27 to paragraph b of subdivision one of this section.
28 c. Micro-credential shall mean qualifications that demonstrate skills,
29 knowledge, and/or experience in a given subject area or capability.
30 3. a. For part-time students defined in this section, the award shall
31 be calculated as provided in section six hundred sixty-seven of this
32 article and shall be in an amount equal to the enrollment factor percent
33 of the award the student would have been eligible for if the student
34 were enrolled full-time. For part-time students defined in paragraph a
35 of subdivision one of this section, the enrollment factor percent is the
36 percentage obtained by dividing the number of credits the student is
37 enrolled in, as certified by the school, by the number of credits
38 required for full-time study in the semester, quarter or term as defined
39 by the commissioner. For part-time students defined in paragraph b of
40 subdivision one of this section, the enrollment factor shall be calcu-
41 lated pursuant to regulations established by the higher education
42 services corporation.
43 b. (i) For part-time students defined in paragraph a of subdivision
44 one of this section, any semester, quarter or term of attendance during
45 which a student receives an award pursuant to this section shall be
46 counted as the enrollment factor percent of a semester, quarter or term
47 toward the maximum term of eligibility for tuition assistance awards
48 pursuant to section six hundred sixty-seven of this article. The total
49 period of study for which payment may be made shall not exceed the
50 equivalent of the maximum period authorized for that award.
51 (ii) For part-time students defined in paragraph b of subdivision one
52 of this section, the total period of study for which payment may be made
53 shall not exceed the equivalent of the maximum period authorized for the
54 non-degree workforce credential, micro-credential or certificate program
55 pursuant to paragraph b of subdivision one of this section.
A. 4958 3
1 § 2. Paragraphs b-1 and b-2 of subdivision 1 of section 6304 of the
2 education law, as added by section 1 of part D of chapter 57 of the laws
3 of 2013, are amended to read as follows:
4 b-1. (i) Notwithstanding any provision of law to the contrary, for the
5 community college fiscal year two thousand thirteen--two thousand four-
6 teen and thereafter, each program that confers a credit-bearing certif-
7 icate, an associate of occupational studies degree, or an associate of
8 applied science degree, shall demonstrate that it is preparing students
9 for current and future job opportunities by partnering with employers as
10 follows:
11 (A) The program is a partnership between the community college and one
12 or more employers to train and employ students in a specific occupation;
13 (B) The program has an advisory committee made up of members of whom
14 the majority are employers in the occupation or sector, or a related
15 sector, or is otherwise advised by one or more employers in the occupa-
16 tion or sector, that employ or will employ workers in the region where
17 the community college is located, and such committee serves to advise
18 the community college on the program's curriculum, recruitment, place-
19 ment and evaluation so that it remains up-to-date with employer needs;
20 [or]
21 (C) The program is in a high-tech sector and is in demand for current
22 or projected job growth, including those sectors identified by the
23 regional economic development council, and is advised by current or
24 potential future employers in the occupation or sector[.]; or
25 (D) The program offers micro-credentialing, as defined in section six
26 hundred sixty-seven-c of this chapter, or certificate programs.
27 (ii) On or before January first, two thousand fourteen for the commu-
28 nity college fiscal year two thousand thirteen--two thousand fourteen,
29 November first, two thousand fourteen for the community college fiscal
30 year two thousand fourteen--two thousand fifteen and November first of
31 each community college fiscal year thereafter, the state university
32 trustees and the city university trustees shall each submit a job link-
33 age report to the director of the budget, the chairs of the senate and
34 assembly higher education committees and the chair of the senate finance
35 committee and the chair of the assembly ways and means committee,
36 including an accounting of full time equivalent enrollment in programs
37 that confer credit-bearing certificates, associate of occupational
38 studies degrees, or associate of applied science degrees, or enrollment
39 in micro-credentialing programs, in such a form and manner as the direc-
40 tor of the budget may require to verify compliance with subparagraph (i)
41 of this paragraph.
42 b-2. (i) Notwithstanding any provision of law to the contrary, within
43 amounts appropriated for incentive funding, the state university of New
44 York and city university of New York shall make awards to community
45 colleges from the next generation NY job linkage program incentive fund
46 based on measures of student success for all students enrolled in
47 programs that confer a credit-bearing certificate, an associate of occu-
48 pational studies degree, [or] an associate of applied science degree, or
49 offers micro-credentialing, including, but not limited to:
50 (A) The number of students who are employed following degree [or],
51 certificate completion or micro-credentialing and their wage gains, if
52 any, as determined by the department of labor, which shall be given the
53 greatest weighting among all measures of student success;
54 (B) The number of degree completions, certificate completions, micro-
55 credentials and student transfers to other institutions of higher educa-
56 tion;
A. 4958 4
1 (C) The number of degree [and], certificate completions and micro-cre-
2 dentials under clause (B) of this paragraph by students considered
3 academically at-risk due to economic disadvantage or other factor of
4 under-representation within the field of study; veterans; and the disa-
5 bled;
6 (D) The number of students who make adequate progress towards
7 completion of a degree or certificate or a micro-credential, which may
8 include accelerated completion of a developmental education program;
9 (E) The number of degree or micro-credential completions in innovative
10 programs designed to enable students to balance school, work and other
11 personal responsibilities; and
12 (F) The number of students engaged in career and employment opportu-
13 nities including apprenticeships, cooperative education programs or
14 other paid work experience that is an integral part of their academic
15 program.
16 (ii) Awards shall be made on a pro-rata basis in accordance with a
17 methodology and in a form and manner developed by the director of the
18 budget, in consultation with the state university and city university.
19 (iii) On or before December first of each year, or an alternative date
20 as determined by the director of the budget in consultation with the
21 state university and city university, the state university trustees and
22 the city university trustees shall each submit a plan for approval by
23 the director of the budget to allocate amounts available for the next
24 generation NY job linkage program incentive fund in accordance with this
25 paragraph.
26 § 3. This act shall take effect immediately.