Bill Text: NY S04785 | 2019-2020 | General Assembly | Introduced


Bill Title: Enacts the "NY Cares Act", providing course credit for service members and tuition awards for spouses and children of deceased service members.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S04785 Detail]

Download: New_York-2019-S04785-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4785
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 25, 2019
                                       ___________
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs
        AN ACT to amend the education law, in relation to enacting the "NY Cares
          Act"
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  This act shall be known and may be cited as the "NY Cares
     2  Act".
     3    § 2. The education law is amended by adding a  new  section  669-i  to
     4  read as follows:
     5    §  669-i.  Course credit for service members.  1. For purposes of this
     6  section, the term "service member" means a person, male or  female,  who
     7  is  a  legal resident of this state, as defined by 50 U.S.C. section 595
     8  who has served in the active military, naval service, national guard and
     9  reserve service of the United States or of the state during a war, expe-
    10  dition, occupation of an area  or  territory,  battle,  skirmish,  raid,
    11  invasion,  rebellion,  insurrection,  guerilla action, riot in which the
    12  United States was engaged with a hostile or belligerent nation, faction,
    13  force, or terrorists and who has been released from such service by  any
    14  means  of  an honorable or general discharge, or who has been furloughed
    15  to the reserve.
    16    2. Every service member shall upon application  and  approval  of  the
    17  chancellor,  or his or her designee, be granted academic credits towards
    18  his or her degree for the completion of courses that were a part of such
    19  service member's military training, service and for military  experience
    20  received.  In determining the approval of such service member's applica-
    21  tion, the chancellor, or his or her designee, shall consider the  stand-
    22  ards  of  the  American  council  on education. No fee, tuition or other
    23  charge shall be assessed against a service member who qualifies for such
    24  credit pursuant to this section.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06303-01-9

        S. 4785                             2
     1    3. The boards of trustees of the state university and the city univer-
     2  sity of New York may promulgate rules and regulations as  are  necessary
     3  to fully implement the provisions of this section.
     4    § 3. The education law is amended by adding a new article 15-D to read
     5  as follows:
     6                                ARTICLE 15-D
     7                      COURSE CREDIT FOR SERVICE MEMBERS
     8  Section 730. Course credit for service members.
     9    §  730.  Course  credit  for  service members. 1. For purposes of this
    10  section, the term "service member" means a person, male or female, resi-
    11  dent of this state, as defined by 50 U.S.C. section 595, who has  served
    12  in  the  active  military,  naval  service,  national  guard and reserve
    13  members of the United States or of the state during a  war,  expedition,
    14  occupation  of  an  area or territory, battle, skirmish, raid, invasion,
    15  rebellion, insurrection, guerilla  action,  riot  in  which  the  United
    16  States was engaged with a hostile or belligerent nation, faction, force,
    17  or terrorists and has been released from such service by any means of an
    18  honorable or general discharge, or has been furloughed to the reserve.
    19    2.  Every  service member at an institution of higher education recog-
    20  nized and approved by the regents, shall upon application  and  approval
    21  of  the  governing  board,  or  his or her designee, be granted academic
    22  credits towards his or her degree for the  completion  of  courses  that
    23  were  part  of  such service member's military training, service and for
    24  military experience  received.  In  determining  the  approval  of  such
    25  service  member's application, the governing board, or his or her desig-
    26  nee, shall consider the standards of the American council on  education.
    27  No  fee,  tuition  or  other  charge shall be assessed against a service
    28  member who qualifies for such credit pursuant to this section.
    29    3. The governing board of the institution of higher  education  recog-
    30  nized  and  approved by the regents may promulgate rules and regulations
    31  as are necessary to fully implement the provisions of this section.
    32    § 4. The education law is amended by adding a  new  section  237-a  to
    33  read as follows:
    34    §  237-a.  Coordination between military and higher education. 1.  The
    35  regents shall develop, jointly with  the  state  director  of  veterans'
    36  affairs,  a  program to facilitate coordination between participation in
    37  the military, naval, National Guard and reserve service  of  the  United
    38  States or of the state and admission to any institution of higher educa-
    39  tion, recognized and approved by the regents. The regents and the direc-
    40  tor  shall  identify, review and evaluate professional training programs
    41  offered and military,  naval,  National  Guard  and  reserve  experience
    42  obtained  through such service, which may, where applicable, be accepted
    43  by the department for course credit.
    44    2. The regents shall create a system-wide website which can be used to
    45  determine what programs and universities service members  are  qualified
    46  for based on their branch of service, training experience and rank.
    47    §  5.  The  education  law is amended by adding a new section 237-b to
    48  read as follows:
    49    § 237-b. NY cares bridge courses. 1. The regents  shall  require  that
    50  all  institutions  of  higher  education  recognized and approved by the
    51  regents develop, jointly with the state director of veterans' affairs, a
    52  program of courses to facilitate  the  transition  of  military,  naval,
    53  National  Guard  and  reserve service members of the United States or of
    54  the state into all  institutions  of  higher  education  recognized  and
    55  approved  by  the  regents.  These courses shall provide service members
    56  with:

        S. 4785                             3
     1    (a) an accelerated and focused learning opportunity;
     2    (b) an alternative to traditional developmental education;
     3    (c) familiarity with a college environment and facilities; and
     4    (d) access to tutoring and mentoring.
     5    2.  The governing board of each institution of higher education recog-
     6  nized and approved by the regents shall make these courses available  at
     7  their  respective institutions and shall employ military trained counse-
     8  lors to administer and facilitate this program.
     9    § 6. The education law is amended by adding a  new  section  669-c  to
    10  read as follows:
    11    §  669-c.  Tuition awards for spouses and children of deceased service
    12  members.  The president of the  higher  education  services  corporation
    13  shall  make  available  to the spouses or children of a deceased service
    14  member as defined in subdivision one of this section,  a  tuition  award
    15  that  may  be  applied  to any college or community college in the state
    16  university of New York system, any university of the state of New  York,
    17  or the university of the city of New York.
    18    1.  For  purposes  of  this section, the term "service member" means a
    19  person, male or female, resident of this state, who has  served  in  the
    20  active  military,  naval  service, national guard and reserve members of
    21  the United States during a war, expedition, occupation  of  an  area  or
    22  territory,  battle,  skirmish,  raid, invasion, rebellion, insurrection,
    23  guerilla action, riot in which the United  States  was  engaged  with  a
    24  hostile or belligerent nation, faction, force, or terrorists and who was
    25  a  legal resident of New York state at the time of his or her demise and
    26  who died or dies while so serving.
    27    2. A tuition award granted under this section shall be  no  more  than
    28  the cost of undergraduate tuition, offset by any other financial assist-
    29  ance  or award received.  If a tuition assistance program (TAP) award or
    30  a regents award is also received, the combined academic year award shall
    31  not exceed tuition.
    32    3. No recipient of a tuition award under this section shall receive  a
    33  tuition  award  for more than eight semesters of full time undergraduate
    34  study, or the equivalent of four academic years, or, if an undergraduate
    35  program normally requires five academic years of full  time  study,  for
    36  more  than  ten  semesters of full time study, or the equivalent of five
    37  academic years. "Full time study" shall mean enrollment  for  more  than
    38  twelve  semester  hours  per semester, or the equivalent, in an approved
    39  undergraduate program.
    40    4. No recipient of a tuition award under this section shall receive  a
    41  tuition award for more than sixteen semesters of part time undergraduate
    42  study, or the equivalent of eight academic years of part time study, or,
    43  if  an  undergraduate  program  normally requires five academic years of
    44  full time study, for more than twenty semesters of part time  study,  or
    45  the  equivalent  of  ten  academic  years.  "Part time study" shall mean
    46  enrollment for at least three but less than twelve  semester  hours  per
    47  semester, or the equivalent, in an approved undergraduate program.
    48    §  7. The education law is amended by adding a new section 115 to read
    49  as follows:
    50    § 115. Multi-state collaborative on military credit. The collaborative
    51  for higher education for service members  is  hereby  entered  into  and
    52  enacted  into law with all jurisdictions legally joining therein, in the
    53  form substantially as follows:
    54                 MULTI-STATE COLLABORATIVE ON MILITARY CREDIT

        S. 4785                             4
     1    WHEREAS, states, especially state higher education agencies,  need  to
     2  work  together  in  order  to  better meet the higher education needs of
     3  returning service members and their families; and
     4    WHEREAS,  the  federal  government  needs to work in close partnership
     5  with states to better meet  the  higher  education  needs  of  returning
     6  service members and their families; and
     7    WHEREAS, states need to support the recommendations on military credit
     8  that  have  been  developed  by  the American Council on Education (ACE)
     9  under contract with the Department of Defense,
    10    THE STATES AFFIRM the need for close and continuing consultation among
    11  our several states on matters of higher education  relating  to  service
    12  members, and do hereby establish this collaborative for higher education
    13  for service members.
    14                       Article I. Purpose and Policy.
    15    A. It is the purpose of this collaborative to:
    16    1. Maximize ways for service members to transition to college.
    17    2.  Create  models  for  consistently,  transparently, and effectively
    18  awarding credit for military training and experience that can be  scaled
    19  regionally and nationally.
    20    3.  Establish  strong partnerships with institutions and organizations
    21  for the purpose of promoting shared interests.
    22    4. Establish and maintain close cooperation  and  understanding  among
    23  executive, legislative, professional, educational, veterans affairs, and
    24  lay leadership on a nationwide basis at the state and local levels.
    25    5. Provide a clearinghouse of information on matters relating to prob-
    26  lems  with the transition of service members into institutions of higher
    27  education and how they are being met in different places throughout  the
    28  nation,  so that the executive and legislative branches of state govern-
    29  ment and of local communities may have ready access  to  the  experience
    30  and record of the entire country.
    31    B. It is the policy of this collaborative to develop and deliver inno-
    32  vative  solutions  for service members entering into higher education as
    33  well as provide data on such groups.
    34                         Article II. State Defined.
    35    As used in this collaborative, "state" means a  state,  territory,  or
    36  possession  of  the  United  States,  the  District  of Columbia, or the
    37  Commonwealth of Puerto Rico.
    38                       Article III. The Collaborative.
    39    A. The  multi-state  collaborative  on  military  credit,  hereinafter
    40  called  "the  collaborative",  is  hereby established. The collaborative
    41  shall consist of two members representing each party state. One of  such
    42  members  shall  be  the  governor;  and one shall be the head of a state
    43  agency or institution, designated by the governor, having responsibility
    44  for one or more programs of veterans' affairs, unless the  laws  of  the
    45  state  otherwise  provide.    In  addition  to  any  other principles or
    46  requirements which a state may establish for the appointment and service
    47  of its members of the  collaborative,  the  guiding  principle  for  the
    48  composition of the membership on the collaborative from each party state
    49  shall  be  that  the members representing such state shall, by virtue of
    50  their training, experience, knowledge or affiliations be in  a  position

        S. 4785                             5
     1  collectively  to  reflect broadly the interests of the state government,
     2  higher education, veterans' affairs, the state education system, lay and
     3  professional,  public  and  non-public  educational  leadership.     One
     4  appointee shall be the head of a state agency or institution, designated
     5  by  the  governor,  having  responsibility  for  one or more programs of
     6  veterans' affairs. In addition  to  the  members  of  the  collaborative
     7  representing the party states, there may be not to exceed ten non-voting
     8  members  selected  by the steering committee for terms of one year. Such
     9  members shall represent leading national organizations  of  professional
    10  educators,   persons  concerned  with  educational  administration,  and
    11  persons concerned with veterans' affairs.
    12    B. The members of the collaborative shall  be  entitled  to  one  vote
    13  each.  No action of the collaborative shall be binding unless taken at a
    14  meeting at which a majority of the total number of votes on the collabo-
    15  rative are cast in favor thereof.  Action of the collaborative shall  be
    16  only  at a meeting at which a majority of the state members are present.
    17  The collaborative shall meet at least once a year.  For the purposes  of
    18  this section, meeting by video conferencing shall be permitted to obtain
    19  a majority.
    20    C.  The  direction  and  implementation of the collaborative should be
    21  carried out by a leadership team consisting of the representatives  from
    22  the  initial  founding  states  and organizations.   However, additional
    23  members may be added to the team as needed.
    24              Article IV. Cooperation With Federal Government.
    25    A. If the laws of the United States specifically  so  provide,  or  if
    26  administrative provision is made therefor within the federal government,
    27  the  United  States  may  be  represented in the collaborative by not to
    28  exceed ten representatives. Any such representative  or  representatives
    29  of  the United States shall be appointed and serve in such manner as may
    30  be provided by or pursuant to federal law, and may be drawn from any one
    31  or more branches of the federal government, but no such  representatives
    32  shall have a vote in the collaborative.
    33    B.  The collaborative may provide information and make recommendations
    34  to any executive or legislative agency or officer of the federal govern-
    35  ment concerning the common educational policies of the states,  and  may
    36  advise with any such agencies or officers concerning any matter of mutu-
    37  al interest.
    38           Article V. Eligible Parties; Entry Into and Withdrawal.
    39    A.  This  collaborative  shall  have  as  eligible parties all states,
    40  territories, and possessions of  the  United  States,  the  District  of
    41  Columbia,  and  the  Commonwealth of Puerto Rico. In respect of any such
    42  jurisdiction not having a governor, the term "governor", as used in this
    43  collaborative, shall mean the closest equivalent official of such juris-
    44  diction.
    45    B. Any state or other eligible jurisdiction may enter into this colla-
    46  borative and it shall become binding thereon when  it  has  adopted  the
    47  same;  provided  that in order to enter into initial effect, adoption by
    48  at  least  three  neighboring  jurisdictions  of  this  state  shall  be
    49  required.
    50    C.  Adoption  of  the compact may be either by enactment thereof or by
    51  memorandum of understanding between the governor and the  other  states.
    52  Such  collaborative shall be deemed ratified by the legislature upon the

        S. 4785                             6
     1  governor's certification to the temporary president of the  senate,  the
     2  speaker of the assembly, and the secretary of state.
     3                 Article VI. Construction and Severability.
     4    This  collaborative  shall  be liberally construed so as to effectuate
     5  the purposes thereof.
     6    A. The provisions of this collaborative shall be severable and if  any
     7  phrase,  clause, sentence or provision of this compact is declared to be
     8  contrary to the constitution of any state or of the  United  States,  or
     9  the  applicability  thereof to any government, agency, person or circum-
    10  stances is held invalid, the validity of the remainder of this  collabo-
    11  rative  and  the applicability thereof to any government, agency, person
    12  or circumstances shall not be affected thereby.  If  this  collaborative
    13  shall  be  held  contrary to the constitution of any state participating
    14  therein, the collaborative shall remain in full force and effect  as  to
    15  the state affected as to all severable matters.
    16    B.  The  members  of  the  collaborative representing this state shall
    17  receive  no  compensation  for  their  services  but  shall  be  allowed
    18  reimbursement  for their actual and necessary expenses in performance of
    19  their duties hereunder.
    20    § 8. The trustees of the state university and city university  of  New
    21  York  are hereby authorized and directed to immediately take all actions
    22  to create and establish within their respective university  system,  and
    23  subject  to  the jurisdiction of their board of trustees, internet-based
    24  coursework for  active  military,  naval  service,  National  Guard  and
    25  reserve service members of the United States or of the state.
    26    §  9.  This act shall take effect on the first of July next succeeding
    27  the date on which it shall have become a law. Effective immediately, the
    28  addition, amendment and/or repeal of any rule  or  regulation  necessary
    29  for  the implementation of this act on its effective date are authorized
    30  and directed to be made and completed on or before such effective date.
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