Bill Text: NY S06537 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2020-07-22 - referred to education [S06537 Detail]

Download: New_York-2019-S06537-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6537

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 15, 2019
                                       ___________

        Introduced  by  Sen.  MONTGOMERY  --  (at request of the State Education
          Department) -- 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.  Legislative  intent.  The  legislature  hereby  finds and
     2  declares it necessary to preserve and continue the New York State  Smart
     3  Scholars  early college high school program and the New York state path-
     4  ways in technology early college high school  program  (P-TECH  program)
     5  which  provide various students, including those traditionally underrep-
     6  resented in post-secondary education, with  the  opportunity  to  access
     7  college-level  courses  and  college  degree  credits at the high school
     8  level with the combined support of high school  and  college  staff  and
     9  resources,  and for P-TECH programs, career training and employment in a
    10  highly skilled job upon completion of the program. The  New  York  State
    11  Smart  Scholars  early  college  high  school program not only increases
    12  students' access to higher education, but also reduces  potential  costs
    13  for  students  in  completing college degrees by allowing them to either
    14  complete a degree upon graduation from high school  or  to  apply  their
    15  earned college credits towards an associate's or baccalaureate's degree.
    16  This  innovative  program provides incentives to high school students to
    17  proceed to college and to earn a college degree  by  accelerating  their
    18  overall  completion  of  a  degree.  It  also  better  prepares them for
    19  college-level coursework, which, will in turn, increase  their  academic
    20  performance.    Ultimately, this program increases graduation rates both
    21  at the high school  and  college  levels,  especially  for  academically
    22  at-risk students.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10165-03-9

        S. 6537                             2

     1    The  New  York State P-TECH program, through a public-private partner-
     2  ship, prepares thousands of New York students for high-skill jobs of the
     3  future in fields including, but not  limited  to,  science,  technology,
     4  engineering,   manufacturing,   healthcare,   except  for  the  licensed
     5  professions  under Title VIII of the education law, finance and math-re-
     6  lated career areas. The New York State P-TECH program provides  students
     7  with  a  rigorous, relevant and cost-free high school and college educa-
     8  tion and a workplace learning  environment  with  ongoing  mentoring  by
     9  professionals  in  the  chosen  career  sector  to  better prepare these
    10  students for successful careers. Students also receive a commitment from
    11  the participating employer to be first in line for an opportunity for  a
    12  job  following  completion  of  the  program.   Ultimately, this program
    13  increases graduation rates both at the high school  and  college  levels
    14  and  provides essential career training for academically at-risk, disad-
    15  vantaged students, which at  the  completion  of  the  program  improves
    16  students' readiness for employment in a 21st century workplace.
    17    The  legislature  hereby  finds  and  declares it necessary to provide
    18  funding for these programs to ensure that they continue in operation and
    19  continue to provide students with these valuable services. The  legisla-
    20  ture  also finds and declares it necessary to provide additional funding
    21  for the state education department  to  administer  and  evaluate  these
    22  critical  programs. These funds will support program staff to supplement
    23  the oversight already being provided to these programs, and  ensure  the
    24  timely  and  accurate  analysis  of data to further enhance and validate
    25  these programs.
    26    § 2. The education law is amended by adding two new sections 6457  and
    27  6458 to read as follows:
    28    §  6457.  Grant awards for New York State Smart Scholars Early College
    29  High School Programs. 1. For the purposes of this section:
    30    a. "NYS Smart Scholars Early College  High  School  Program"  or  "NYS
    31  Smart Scholars ECHS Program" means a formal partnership between a school
    32  district or a board of cooperative educational services and at least one
    33  institution  of  higher  education,  which  provides  eligible  students
    34  enrolled in such program with high school courses leading to the  grant-
    35  ing  of  a high school diploma, and college-level courses leading to the
    36  granting of at least twenty-four college credits and up to a post-secon-
    37  dary degree or diploma from such partner institution or institutions  of
    38  higher  education  at  no cost to the student or the student's family. A
    39  formal partnership may include a for-profit degree granting  institution
    40  of  higher  education registered with the department if such institution
    41  was included in a partnership of a previously funded NYS Smart  Scholars
    42  Early  College High School Program, and such partnership was approved by
    43  the commissioner pursuant to a request for proposals  process  prior  to
    44  the effective date of this section.
    45    b.  "Approved  NYS  Smart  Scholars Early College High School program"
    46  means a NYS Smart Scholars Early College High School Program,  and  such
    47  program  was  approved  by the commissioner in accordance with the regu-
    48  lations of the commissioner and any request for proposals  issued  under
    49  this section.
    50    c.  "Eligible  applicant"  means  a  New York state school district, a
    51  board of cooperative educational  services,  or  institution  of  higher
    52  education,  in  a  partnership  for  the purpose of offering a NYS Smart
    53  Scholars Early College High School Program to eligible students, any  of
    54  which  may  serve as the fiscal agent. The eligible applicant's partner-
    55  ship may include one or more school districts, a  board  of  cooperative
    56  educational  services,  or  one or more institutions of higher education

        S. 6537                             3

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

        S. 6537                             4

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

        S. 6537                             5

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

        S. 6537                             6

     1  program  agreement  under  which such program is funded.  If the program
     2  fails to meet such  benchmarks  and  program  requirements,  it  may  be
     3  subject  to certain corrective action as described in regulations of the
     4  commissioner,  which  may include but not be limited to establishment of
     5  timelines to meet program standards, a limitation of enrollment,  termi-
     6  nation  of  the grant, closure of the program, and/or requiring a teach-
     7  out agreement with an  approved  NYS  P-TECH  Program  to  describe  how
     8  students  will  be transferred to such program upon closure. Monies made
     9  available under this section may also be spent to implement a corrective
    10  action plan issued under this section and/or for tuition, books and fees
    11  for non-remedial credit-bearing college courses  at  an  institution  of
    12  higher  education  for  students who were enrolled in NYS P-TECH Program
    13  that subsequently closes  before  the  student  completes  the  program;
    14  provided  such  student is taking comparable courses to what was offered
    15  in the NYS P-TECH program as determined by the commissioner.
    16    c. Any eligible applicant whose  NYS  P-TECH  Program  was  previously
    17  funded  or approved pursuant to a request for proposals process shall be
    18  required to compete for funds under this section if  such  applicant  is
    19  proposing  to  offer  a  new  NYS  P-TECH  Program, as determined by the
    20  commissioner.
    21    d. School districts shall provide all students with  disabilities  and
    22  English  language  learners  enrolled  in  a NYS P-TECH Program with any
    23  support services and programs required under all applicable federal  and
    24  state laws and regulations.
    25    e.  The higher education institution shall not independently change or
    26  eliminate courses that the student needs to complete  their  program  to
    27  receive  an  associate  degree in the academic area that they originally
    28  enrolled in unless otherwise approved by the student and each NYS P-TECH
    29  partner.
    30    3. a. Subject to an appropriation the commissioner shall  make  awards
    31  to  eligible applicants for the establishment of new NYS P-TECH Programs
    32  through a competitive request for proposals process.
    33    b. The commissioner shall prioritize eligible applicants  that  demon-
    34  strate  the  willingness  and  capacity  to serve students who have been
    35  identified as economically disadvantaged and/or academically at-risk for
    36  not successfully completing high school or not enrolling in or  succeed-
    37  ing in college.
    38    c.  Eligible  applicants shall file an application for approval by the
    39  commissioner in a timeframe and manner prescribed by  the  commissioner,
    40  demonstrating  a  need for such funding, including how the funding would
    41  be used and how many students  would  be  assisted  with  such  funding.
    42  Successful  applicants will be funded in accordance with the regulations
    43  of the commissioner.
    44    4. a. Monies made available under this section shall be spent for  the
    45  following  purposes,  as further prescribed by the commissioner in regu-
    46  lations of the commissioner:
    47    (i) to provide additional staffing for the NYS P-TECH Program, includ-
    48  ing but not limited to a program director and college liaison;
    49    (ii) for an existing evidence-based and/or standards based  curriculum
    50  including but not limited to a focus on a career in science, technology,
    51  engineering,   manufacturing,   healthcare,   except  for  the  licensed
    52  professions under title eight of this chapter, finance  or  math-related
    53  career area within a NYS P-TECH Program;
    54    (iii) for recruitment activities for eligible students;
    55    (iv)  to  provide  professional  development to promote the NYS P-TECH
    56  Program, including cross-curriculum development between partners and  to

        S. 6537                             7

     1  ensure  curriculum  alignment  that  prepares  students  to  succeed  in
     2  college-level courses while in high school and during career training;
     3    (v)  up to ten percent of funds awarded under this section may be used
     4  to purchase equipment needed to upgrade existing programs or new  equip-
     5  ment  to  start  a  program; provided that a program may seek permission
     6  from the commissioner for a waiver of the  ten  percent  cap,  and  such
     7  request  must include a justification for why equipment in excess of the
     8  cap is necessary to accomplish the goals of the NYS P-TECH Program;
     9    (vi) for workshops and planning meetings between  partners,  including
    10  counselors,  parents,  and  college  faculty,  and  business  leaders to
    11  support program sustainability and build awareness in  the  district  on
    12  the benefits of having such programs;
    13    (vii)  for  post-secondary  curriculum  development  that  facilitates
    14  alignment and articulation with secondary programs  leading  to  college
    15  degrees and/or other industry recognized credentials that meet the needs
    16  of employers;
    17    (viii) for service contracts between members of the partnership;
    18    (ix)  for  transportation  for  eligible  students to take courses and
    19  participate in activities at the NYS P-TECH site, at partner  employers'
    20  locations,  and  at  the partner campus of the higher education partner;
    21  and
    22    (x) for tuition, books and fees; provided that  tuition  reimbursement
    23  shall  only be allowable for non-remedial, credit-bearing college cours-
    24  es.
    25    b. No funds pursuant to  this  section  shall  be  made  available  to
    26  support  the  regular academic programs of any school district, board of
    27  cooperative educational services or institution or institutions of high-
    28  er education participating in this program, nor shall funds be  provided
    29  for  programs  which  are  incompatible  with  the regents plans for the
    30  expansion and development of higher education in this state.
    31    § 3. This act shall take effect on the thirtieth day  after  it  shall
    32  have  become a law. Effective immediately the addition, amendment and/or
    33  repeal of any rule or regulation necessary  for  the  implementation  of
    34  this  act  on  its effective date are authorized to be made on or before
    35  such date.
feedback