Bill Text: NY A11047 | 2017-2018 | General Assembly | Amended


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-15 - print number 11047a [A11047 Detail]

Download: New_York-2017-A11047-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                        11047--A
                   IN ASSEMBLY
                                      May 31, 2018
                                       ___________
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Nolan) --
          read once and referred to the Committee on Education --  reported  and
          referred  to  the Committee on Ways and Means -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
        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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15301-12-8

        A. 11047--A                         2
     1  lations  of  the commissioner and any request for proposals issued under
     2  this section.
     3    c.  "Eligible  applicant"  means  a  New York state school district, a
     4  board of cooperative educational  services,  or  institution  of  higher
     5  education,  in  a  partnership  for  the purpose of offering a NYS Smart
     6  Scholars Early College High School Program to eligible students, any  of
     7  which  may  serve as the fiscal agent. The eligible applicant's partner-
     8  ship may include one or more school districts, a  board  of  cooperative
     9  educational  services,  or  one or more institutions of higher education
    10  but all partnerships must include a school district or a board of  coop-
    11  erative educational services, and an institution of higher education.
    12    d.  "Eligible student" means a student who is a resident of a partner-
    13  ing school district, or a resident of a component district of a partner-
    14  ing board of cooperative  educational  services,  and  is  enrolled,  as
    15  defined in regulations of the commissioner, in such district.
    16    e.  "Previously  funded  NYS  Smart Scholars Early College High School
    17  Program" means a NYS Smart Scholars Early College  High  School  Program
    18  that was approved by the commissioner in any request for proposals proc-
    19  ess before the effective date of this section.
    20    f.  "Institution of higher education" means a New York state public or
    21  not-for-profit institution of higher education that has been  authorized
    22  by the New York state board of regents to award post-secondary degrees.
    23    2.  a. For the purposes of increasing high school graduation rates for
    24  academically at-risk and/or  economically  disadvantaged  students,  and
    25  increasing  their  participation  in  post-secondary education through a
    26  network of early college high school  partnerships  in  the  state,  the
    27  commissioner  shall,  subject  to  an  appropriation  and the procedures
    28  established in this section, allocate  funds  available  for  NYS  Smart
    29  Scholars  ECHS  Programs. Funding shall first be available to previously
    30  funded or approved NYS  Smart  Scholars  ECHS  Programs  that  meet  the
    31  requirements  under paragraph b of this subdivision, and remaining funds
    32  shall be available for new NYS Smart Scholars ECHS Programs.
    33    b. Notwithstanding any other provision  of  law  to  the  contrary,  a
    34  previously  funded  NYS  Smart  Scholars ECHS Program or an approved NYS
    35  Smart Scholars ECHS Program shall continue to be  eligible  for  funding
    36  under  this section and shall not have to compete for funding under this
    37  section provided that:
    38    (i) the program has been continuously awarded funding by  the  depart-
    39  ment in accordance with all applicable laws; and
    40    (ii)  such  program  demonstrates that it continues to be a successful
    41  NYS Smart Scholars Early College High School Program by meeting  certain
    42  benchmarks  and  program  requirements  as  prescribed by the department
    43  consistent with the intent and purpose  of  the  request  for  proposals
    44  process  and the terms of any program agreement under which such program
    45  is funded. If the program fails to  meet  such  benchmarks  and  program
    46  requirements,  it  may  be  subject  to  certain  corrective  action  as
    47  described in regulations of the commissioner, which may include but  not
    48  be  limited  to  establishment of timelines to meet program standards, a
    49  limitation of enrollment, termination of the contract,  closure  of  the
    50  program,  and/or  requiring  a  teach-out agreement with an approved NYS
    51  Smart Scholars  Early  College  High  School  Program  to  describe  how
    52  students will be transferred to such program upon closure.
    53    c.  Any  eligible  applicant whose NYS Smart Scholars ECHS Program was
    54  previously funded or approved pursuant to a request for proposals  proc-
    55  ess  shall  be  required to compete for funds under this section if such

        A. 11047--A                         3
     1  applicant is proposing to offer a new NYS Smart Scholars  ECHS  Program,
     2  as determined by the commissioner.
     3    3.  a. Subject to an appropriation, the commissioner shall make awards
     4  to eligible applicants for the establishment of new NYS  Smart  Scholars
     5  ECHS Programs through a competitive request for proposals process.
     6    b.  The  commissioner shall prioritize eligible applicants that demon-
     7  strate the willingness and capacity to  serve  students  who  have  been
     8  identified as economically disadvantaged and/or academically at-risk for
     9  not  successfully completing high school or not enrolling in or succeed-
    10  ing in college.
    11    c. Eligible applicants shall file an application for approval  by  the
    12  commissioner  in  a timeframe and manner prescribed by the commissioner,
    13  demonstrating a need for such funding, including how the  funding  would
    14  be  used  and  how  many  students  would be assisted with such funding.
    15  Successful applicants will be funded as provided in accordance with  the
    16  request for proposals process.
    17    4.  a. Monies made available under this section shall be spent for the
    18  following purposes as further prescribed by the  commissioner  in  regu-
    19  lation:
    20    (i)  to  provide  additional  staffing for the NYS Smart Scholars ECHS
    21  Program, including a program director and college liaison;
    22    (ii) for student recruitment activities;
    23    (iii) to provide professional development to  promote  the  NYS  Smart
    24  Scholars  ECHS  Program,  including cross-curriculum development between
    25  secondary and post-secondary education  partners  to  ensure  curriculum
    26  alignment  that  prepares  students  to succeed in college-level courses
    27  while in high school;
    28    (iv) for workshops and planning meetings between  partners,  including
    29  counselors,  parents,  and college faculty, to support program sustaina-
    30  bility and build awareness in the district on  the  benefits  of  having
    31  such programs;
    32    (v)  for academic and social support services to promote college read-
    33  iness and a college-going culture;
    34    (vi) for transportation for students to take courses  and  participate
    35  in  activities  at  the  NYS Smart Scholars ECHS site and at the partner
    36  campus of the higher education partners; and
    37    (vii) for tuition, books  and  fees;  provided  however  that  tuition
    38  reimbursement  shall  only be allowable for non-remedial, credit-bearing
    39  college courses.
    40    b. No funds spent pursuant to this section shall be made available  to
    41  support  the  regular academic programs of any school district, board of
    42  cooperative educational services or institution or institutions of high-
    43  er education participating in this program, nor shall funds be  provided
    44  for programs which are incompatible with the regents plan for the expan-
    45  sion and development of higher education in this state.
    46    §  6458.  Grant awards for New York State pathways in technology early
    47  college high school programs. 1. For the purposes of this section:
    48    a. "NYS Pathways in Technology Early College High School  Program"  or
    49  "NYS  P-TECH  Program"  means a program which provides eligible students
    50  enrolled in such program with high school courses leading to the  grant-
    51  ing  of  a  high  school  diploma,  college-level courses leading to the
    52  granting of a post-secondary degree at a partnering institution of high-
    53  er education, and career training with an eligible partnering  employer.
    54  Such  program is operated by a New York state school district or a board
    55  of cooperative educational services that forms a partnership with:

        A. 11047--A                         4
     1    (i) one or more  New  York  state  institutions  of  higher  education
     2  provided  that  at  least  one  institution of higher education offers a
     3  registered associate level degree program that is the industry  standard
     4  for  the  targeted  jobs, linked to the goals of the NYS P-TECH Program,
     5  and  which  awards the degree at no cost to the student or the student's
     6  family; and
     7    (ii) a regional New York state employer  or  consortium  of  employers
     8  from  related  sectors  and/or industry/entity/association that requires
     9  skilled employees which will utilize the knowledge and  skills  obtained
    10  from  the  secondary  and post-secondary programs, and agrees to collab-
    11  orate  in  preparing  students  for  employment  opportunities  in  such
    12  sector/industry.
    13    b.  "Approved  NYS P-TECH Program" means a NYS P-TECH Program and such
    14  program was approved by the commissioner in accordance  with  the  regu-
    15  lations  of the commissioner and any request for proposals process under
    16  this section.
    17    c. "Eligible applicant"  means  a  New  York  state  school  district,
    18  including  those  districts with career and technical high schools, or a
    19  board of cooperative educational services, either of which may serve  as
    20  the  fiscal  agent.  The eligible applicant may work in cooperation with
    21  other school districts, a board of cooperative educational services,  or
    22  any combination of these as a consortium applicant.
    23    d.  "Eligible student" means a student who is a resident of a partner-
    24  ing district, or a resident of a  component  district  of  a  partnering
    25  board of cooperative educational services and is enrolled, as defined in
    26  regulations of the commissioner, in such district.
    27    e.  "Previously funded NYS P-TECH Program" means an NYS P-TECH Program
    28  that was approved by the commissioner in any prior request for proposals
    29  process before the effective date of this section.
    30    f. "Institution of higher education" means a New York state public  or
    31  not-for-profit  institution of higher education that has been authorized
    32  by the New York state board of regents to award post-secondary degrees.
    33    2. a. Subject to an appropriation and the  procedures  established  in
    34  this  section,  the  commissioner shall allocate the funds available for
    35  NYS P-TECH Programs for the purposes of preparing eligible  academically
    36  at-risk  and/or  economically disadvantaged students for high-skill jobs
    37  including, but not limited to those in science, technology, engineering,
    38  manufacturing, healthcare,  and  finance  through  a  six-year  academic
    39  program  that combines high school, college, and career training.  Fund-
    40  ing shall first be available to previously funded or approved NYS P-TECH
    41  Programs that meet the requirements under paragraph b of  this  subdivi-
    42  sion, and remaining funds shall be available for new programs.
    43    b.  Notwithstanding  any  other  provision  of  law to the contrary, a
    44  previously funded NYS P-TECH Program or an approved NYS  P-TECH  Program
    45  shall  continue  to be eligible for funding under this section and shall
    46  not have to compete for funding under this section provided that:
    47    (i) the program has been continuously awarded funding by  the  depart-
    48  ment in accordance with all applicable laws; and
    49    (ii)  such  program  demonstrates that it continues to be a successful
    50  NYS P-TECH Program by meeting certain benchmarks  and  program  require-
    51  ments  as  prescribed  by  the department consistent with the intent and
    52  purpose of the request for  proposals  process  and  the  terms  of  any
    53  program  agreement  under  which such program is funded.  If the program
    54  fails to meet such  benchmarks  and  program  requirements,  it  may  be
    55  subject  to certain corrective action as described in regulations of the
    56  commissioner, which may include but not be limited to  establishment  of

        A. 11047--A                         5
     1  timelines  to meet program standards, a limitation of enrollment, termi-
     2  nation of the contract, closure  of  the  program,  and/or  requiring  a
     3  teach-out  agreement with an approved NYS P-TECH Program to describe how
     4  students will be transferred to such program upon closure.
     5    c.  Any  eligible  applicant  whose  NYS P-TECH Program was previously
     6  funded or approved pursuant to a request for proposals process shall  be
     7  required  to  compete  for funds under this section if such applicant is
     8  proposing to offer a new  NYS  P-TECH  Program,  as  determined  by  the
     9  commissioner.
    10    3.  a.  Subject to an appropriation the commissioner shall make awards
    11  to eligible applicants for the establishment of new NYS P-TECH  Programs
    12  through a competitive request for proposals process.
    13    b.  The  commissioner shall prioritize eligible applicants that demon-
    14  strate the willingness and capacity to  serve  students  who  have  been
    15  identified as economically disadvantaged and/or academically at-risk for
    16  not  successfully completing high school or not enrolling in or succeed-
    17  ing in college.
    18    c. Eligible applicants shall file an application for approval  by  the
    19  commissioner  in  a timeframe and manner prescribed by the commissioner,
    20  demonstrating a need for such funding, including how the  funding  would
    21  be  used  and  how  many  students  would be assisted with such funding.
    22  Successful applicants will be funded in accordance with the  regulations
    23  of the commissioner.
    24    4.  a. Monies made available under this section shall be spent for the
    25  following purposes, as further prescribed by the commissioner  in  regu-
    26  lations of the commissioner:
    27    (i) to provide additional staffing for the NYS P-TECH Program, includ-
    28  ing but not limited to a program director and college liaison;
    29    (ii)  for an existing evidence-based and/or standards based curriculum
    30  including but not limited to a focus on a career in science, technology,
    31  engineering, or math-related career area within a NYS P-TECH Program;
    32    (iii) for recruitment activities for eligible students;
    33    (iv) to provide professional development to  promote  the  NYS  P-TECH
    34  Program,  including cross-curriculum development between partners and to
    35  ensure  curriculum  alignment  that  prepares  students  to  succeed  in
    36  college-level courses while in high school and during career training;
    37    (v)  up to ten percent of funds awarded under this section may be used
    38  to purchase equipment needed to upgrade existing programs or new  equip-
    39  ment  to  start  a  program; provided that a program may seek permission
    40  from the commissioner for a waiver of the  ten  percent  cap,  and  such
    41  request  must include a justification for why equipment in excess of the
    42  cap is necessary to accomplish the goals of the NYS P-TECH Program;
    43    (vi) for workshops and planning meetings between  partners,  including
    44  counselors,  parents,  and  college  faculty,  and  business  leaders to
    45  support program sustainability and build awareness in  the  district  on
    46  the benefits of having such programs;
    47    (vii)  for  post-secondary  curriculum  development  that  facilitates
    48  alignment and articulation with secondary programs  leading  to  college
    49  degrees and/or other industry recognized credentials that meet the needs
    50  of employers;
    51    (viii) for service contracts between members of the partnership;
    52    (ix)  for  transportation  for  eligible  students to take courses and
    53  participate in activities at the NYS P-TECH site, at partner  employers'
    54  locations,  and  at  the partner campus of the higher education partner;
    55  and

        A. 11047--A                         6
     1    (x) for tuition, books and fees; provided that  tuition  reimbursement
     2  shall  only be allowable for non-remedial, credit-bearing college cours-
     3  es.
     4    b.  No  funds  pursuant  to  this  section  shall be made available to
     5  support the regular academic programs of any school district,  board  of
     6  cooperative educational services or institution or institutions of high-
     7  er  education participating in this program, nor shall funds be provided
     8  for programs which are incompatible  with  the  regents  plans  for  the
     9  expansion and development of higher education in this state.
    10    §  2.  This  act shall take effect on the thirtieth day after it shall
    11  have become a law. Effective immediately the addition, amendment  and/or
    12  repeal  of  any  rule  or regulation necessary for the implementation of
    13  this act on its effective date are authorized to be made  on  or  before
    14  such date.
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