Bill Text: NY S09060 | 2017-2018 | General Assembly | Introduced
Bill Title: Continues NYS Smart Scholars early college high school program and the NYS pathways in technology early college high school program.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-06-18 - referred to ways and means [S09060 Detail]
Download: New_York-2017-S09060-Introduced.html
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. LBD15301-13-8S. 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; andS. 9060 4 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 beS. 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 providedS. 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.