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A05542 Summary:

BILL NOA05542A
 
SAME ASSAME AS S03417-A
 
SPONSORHyndman
 
COSPNSRTorres
 
MLTSPNSR
 
Amd §§6454 & 6455, Ed L
 
Updates the admission criteria for the science and technology entry program and collegiate science and technology entry program to consider whether a student is a member of an ethnic group that is underrepresented in the eligible profession they are pursuing.
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A05542 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5542--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2025
                                       ___________
 
        Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
          tee on Higher Education -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the education law, in relation to including  underrepre-
          sented  ethnic  groups  in  the admission criteria for the science and
          technology entry program and collegiate science and  technology  entry
          program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings.   Science,  Technology,  Engineering,
     2  and  Mathematics  (STEM)  professions  play  a  crucial role in New York
     3  state's economy, workforce development, and innovation. STEM fields  are
     4  a  cornerstone  of  economic  growth and workforce expansion in New York
     5  state.
     6    STEM and allied health professions are essential to New York's econom-
     7  ic growth, technological  advancement,  and  healthcare  infrastructure.
     8  While  STEM  fields  drive  innovation  and economic development, allied
     9  health professionals play a crucial  role  in  ensuring  accessible  and
    10  high-quality  healthcare  services.  Continued  investment in education,
    11  workforce development, and industry partnerships  will  be  critical  to
    12  sustaining both fields. Moving forward, access to STEM and allied health
    13  training  programs  will  be  essential in meeting workforce demands and
    14  supporting the well-being of all New Yorkers.
    15    The Science and Technology Entry Program (STEP) and Collegiate Science
    16  and Technology Entry Program (CSTEP) are important tools to ensure  that
    17  these  programs  are  available  to all aspiring members of the STEM and
    18  licensed professional workforces. These programs will continue to  build
    19  on  their  legacy  of  ensuring representation in the fields they serve,
    20  which will strengthen our state's workforce and economy.
    21    Representation in the workforce is critical, especially in New  York's
    22  healthcare  workforce.  A 2017 study published in the Journal of General

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07779-03-5

        A. 5542--A                          2
 
     1  Internal Medicine found that Black and Hispanic patients were more like-
     2  ly to report feeling comfortable  discussing  sensitive  topics  with  a
     3  provider  of  the  same race or ethnicity. A 2019 study published in the
     4  Journal  of  Health  Care Administration found that culturally competent
     5  care was associated with improved  patient  satisfaction,  adherence  to
     6  treatment,  and  health  outcomes. Further a 2020 report by the National
     7  Academies of Sciences, Engineering, and Medicine found  that  a  diverse
     8  healthcare  workforce  can  improve access to care for underserved popu-
     9  lations. These benefits are not limited  to  healthcare.  A  2017  study
    10  published  in  Nature  and  a  2019 study in the Harvard Business Review
    11  found that diverse teams outperform homogenous teams in terms of creati-
    12  vity and problem-solving. This means that the health and economic future
    13  of our state is dependent on the diversity of our workforce.
    14    STEP and CSTEP have a successful history of bringing  underrepresented
    15  students  into  STEM licensed professions and health professions fields.
    16  These programs create academic opportunities for students who have faced
    17  disadvantages and discrimination. To  ensure  that  these  programs  can
    18  continue  to  fulfill their mission of delivering opportunity and equity
    19  to students, the programs' admissions criteria must be updated to be  in
    20  line with recent legal findings.
    21    The STEP and CSTEP admissions criteria must allow for admission of any
    22  student  from  any group underrepresented in a STEM, licensed profession
    23  field or health profession field. This will require that  the  New  York
    24  State  Board  of Regents identify underrepresentation in eligible career
    25  fields prior to the periodic release of RFPs for STEP and CSTEP.  Under-
    26  representation shall be determined using available workforce  statistics
    27  and defined in rules. This determination will provide "focused and meas-
    28  urable  objectives"  (as  required by the U.S. Supreme Court) while also
    29  having a definable endpoint: the correction of underrepresentation in  a
    30  specific professional field reviewed on a regular basis (the contractual
    31  period defined by an individual RFP).
    32    Every  ethnic or racial group is underrepresented in various workforce
    33  fields in New York. STEP and CSTEP will  help  rectify  that  issue  and
    34  ultimately  root  out  the  pernicious  impact of underrepresentation in
    35  various professions.
    36    § 2. Subdivisions 1 and 5 of section 6454 of  the  education  law,  as
    37  added  by  chapter 31 of the laws of 1985, subparagraph 4 of paragraph a
    38  of subdivision 5 as amended by chapter 439 of  the  laws  of  1988,  are
    39  amended and a new subdivision 9 is added to read as follows:
    40    1. As used in this section:
    41    a.  ["Council"  means  the  council on professional career opportunity
    42  created pursuant to article forty-four of the executive law;
    43    b.] "Eligible students" shall mean secondary  school  students  inter-
    44  ested  in pursing a career in an eligible profession as defined in para-
    45  graph c of this subdivision, who are either  economically  disadvantaged
    46  or  [minorities historically] a member of an ethnic group that is under-
    47  represented in the [scientific, technical,  health,  and  health-related
    48  professions  as defined by the regents after consultation with the coun-
    49  cil; and]  eligible profession they are interested in pursuing.
    50    [c.] b. "Eligible applicant" shall mean an institution  of  postsecon-
    51  dary education or a consortia of such institutions.
    52     c.  "Eligible profession" shall mean a scientific, technical, health,
    53  health-related profession or any profession licensed pursuant  to  title
    54  eight of this chapter.

        A. 5542--A                          3
 
     1    5. a. Grants shall be awarded to eligible applicants based upon crite-
     2  ria established by the commissioner after consultation with the council,
     3  including, but not limited to, the following:
     4    (1) an established record of conducting effective collaborative educa-
     5  tional programs with neighboring secondary schools;
     6    (2)  the ability and willingness to cooperate with other postsecondary
     7  institutions in operating a program funded pursuant to this section; and
     8    (3) the capacity to secure or provide additional  support  in  amounts
     9  equal  to  at  least  twenty-five percent of the grant sought under this
    10  section through private  and  other  governmental  sources  and  through
    11  in-kind services[;
    12    (4)  a  location within a school district with an enrollment comprised
    13  of at least twenty percent minority group students or  a  location  near
    14  such a district that is accessible by public transportation].
    15    b. [The commissioner shall select the grant recipients after consulta-
    16  tion  with  the  council.] To the fullest extent practicable the commis-
    17  sioner [and the council] shall ensure that grants are awarded to  eligi-
    18  ble applicants in a diversity of regions of the state.
    19    9.  The  department shall periodically review workforce data to deter-
    20  mine levels of ethnic representation in eligible professions.
    21    § 3. Subdivisions 1, 2 and 3 of section 6455 of the education law,  as
    22  added by chapter 285 of the laws of 1986, paragraph (a) of subdivision 2
    23  and  paragraph (a) of subdivision 3 as amended by chapter 26 of the laws
    24  of 2019, and the opening paragraph of subparagraph (ii) of paragraph (a)
    25  of subdivision 2 and the opening paragraph of subparagraph (ii) of para-
    26  graph (a) of subdivision 3 as amended by chapter  669  of  the  laws  of
    27  2022, are amended to read as follows:
    28    1.  General  requirements.  The  commissioner  shall  award  grants to
    29  degree-granting institutions in New York or to consortia of such  insti-
    30  tutions  to  be  used for the purpose of increasing access by [minority]
    31  underrepresented or disadvantaged students  to  academic  programs  that
    32  have  been  registered  by  the  commissioner  and that prepare students
    33  either for licensure in the professions or for employment in  scientific
    34  and technical fields.
    35    2. Undergraduate programs.  (a) (i) Undergraduate science and technol-
    36  ogy  entry program moneys may be used for tutoring, counseling, remedial
    37  and special summer courses, supplemental financial  assistance,  program
    38  administration,  and  other  activities  which the commissioner may deem
    39  appropriate. To be eligible for  undergraduate  collegiate  science  and
    40  technology  entry  program  support, a student must be a resident of New
    41  York, or meet the requirements of subparagraph (ii) of  this  paragraph,
    42  and  must  be  either  economically disadvantaged or [from a minority] a
    43  member of an ethnic group [historically under represented in the  scien-
    44  tific,  technical, health and health-related professions] that is under-
    45  represented in the eligible profession or field they  are  pursuing,  as
    46  defined by the regents prior to the release of periodic applications for
    47  funding,  and must demonstrate interest in and a potential for a profes-
    48  sional career if provided special services. Eligible students must be in
    49  good academic standing, enrolled full time in an approved, undergraduate
    50  level program of study, as defined by the regents.
    51    (ii) An applicant who is not a legal resident of New York  state,  but
    52  who is a United States citizen, a permanent lawful resident, an individ-
    53  ual  who  is granted U or T non-immigrant status pursuant to the Victims
    54  of Trafficking and Violence Protection Act of  2000,  a  person  granted
    55  temporary  protected  status  pursuant to the Federal Immigration Act of
    56  1990, an individual of a class  of  refugees  paroled  by  the  attorney

        A. 5542--A                          4
 
     1  general  of the United States under [his or her] such attorney general's
     2  parole authority pertaining to  the  admission  of  noncitizens  to  the
     3  United  States, or an applicant without lawful immigration status, shall
     4  be  eligible  for  an award at the undergraduate level of study provided
     5  that the student:
     6    (1) attended a registered New York state high school for two  or  more
     7  years,  graduated  from  a  registered  New  York  state high school and
     8  applied for attendance at the institution of higher  education  for  the
     9  undergraduate  study  for  which an award is sought within five years of
    10  receiving a New York state high school diploma; or
    11    (2) attended an approved New York  state  program  for  a  state  high
    12  school  equivalency  diploma,  received  a state high school equivalency
    13  diploma and applied for attendance at the institution of  higher  educa-
    14  tion  for  the  undergraduate  study for which an award is sought within
    15  five years of receiving a state high school equivalency diploma; or
    16    (3) is otherwise eligible for the payment of tuition  and  fees  at  a
    17  rate  no  greater  than  that imposed for resident students of the state
    18  university of New York, the city university of  New  York  or  community
    19  colleges  as prescribed in subparagraph eight of paragraph h of subdivi-
    20  sion two of section three hundred fifty-five or paragraph (a) of  subdi-
    21  vision seven of section sixty-two hundred six of this chapter.
    22    Provided,  further,  that  a student without lawful immigration status
    23  shall also be required to file an affidavit  with  such  institution  of
    24  higher  education  stating  that the student has filed an application to
    25  legalize [his or her] such student's immigration status,  or  will  file
    26  such  an  application as soon as [he or she] such student is eligible to
    27  do so.
    28    (b) Applications for funding shall be  submitted  by  eligible  insti-
    29  tutions to the department in accordance with requirements established by
    30  the  commissioner. Priority consideration shall be given to institutions
    31  which coordinate their efforts to increase [minority  access]  represen-
    32  tation  of  underrepresented  ethnic  groups with similar activities for
    33  programs at the secondary level in accordance with this section.  Grants
    34  shall be awarded based on criteria established by the commissioner.
    35    3.  Graduate programs.   (a) (i) Graduate science and technology entry
    36  program moneys may be used for recruitment, academic enrichment,  career
    37  planning,  supplemental financial assistance, review for licensing exam-
    38  inations, program administration, and other activities which the commis-
    39  sioner may deem appropriate. To  be  eligible  for  graduate  collegiate
    40  science  and technology entry program support, a student must be a resi-
    41  dent of New York, or meet the requirements of subparagraph (ii) of  this
    42  paragraph,  and  must  be  either economically disadvantaged or [from] a
    43  [minority] member of an ethnic group [historically] that is  underrepre-
    44  sented  in  the  [scientific,  technical and health-related professions]
    45  eligible profession or field they are pursuing as defined by the regents
    46  prior to the release of periodic applications  for  funding.    Eligible
    47  students  must  be  in  good academic standing, enrolled full time in an
    48  approved graduate level program, as defined by the regents.
    49    (ii) An applicant who is not a legal resident of New York  state,  but
    50  either is a United States citizen, a permanent lawful resident, an indi-
    51  vidual  who  is  granted  U  or  T  non-immigrant status pursuant to the
    52  Victims of Trafficking and Violence Protection Act  of  2000,  a  person
    53  granted  temporary  protected status pursuant to the Federal Immigration
    54  Act of 1990, an individual of a class of refugees paroled by the  attor-
    55  ney general of the United States under [his or her] such attorney gener-
    56  al's  parole authority pertaining to the admission of noncitizens to the

        A. 5542--A                          5
 
     1  United States, or an applicant without lawful immigration  status  shall
     2  be  eligible  for  an award at the graduate level of study provided that
     3  the student:
     4    (1)  attended a registered approved New York state high school for two
     5  or more years, graduated from a registered New York  state  high  school
     6  and  applied  for  attendance at the institution of higher education for
     7  the graduate study for which an award is  sought  within  ten  years  of
     8  receiving a New York state high school diploma; or
     9    (2)  attended  an  approved  New  York  state program for a state high
    10  school equivalency diploma, received a  state  high  school  equivalency
    11  diploma  and  applied for attendance at the institution of higher educa-
    12  tion for the graduate study for which an  award  is  sought  within  ten
    13  years of receiving a state high school equivalency diploma; or
    14    (3)  is  otherwise  eligible  for the payment of tuition and fees at a
    15  rate no greater than that imposed for resident  students  of  the  state
    16  university  of  New  York,  the city university of New York or community
    17  colleges as prescribed in subparagraph eight of paragraph h of  subdivi-
    18  sion  two of section three hundred fifty-five or paragraph (a) of subdi-
    19  vision seven of section sixty-two hundred six of this chapter.
    20    Provided, further, that a student without  lawful  immigration  status
    21  shall  also  be  required  to file an affidavit with such institution of
    22  higher education stating that the student has filed  an  application  to
    23  legalize  [his  or  her] such student's immigration status, or will file
    24  such an application as soon as [he or she] such student is  eligible  to
    25  do so.
    26    (b) Applications for funding shall be made by eligible institutions in
    27  accordance  with  requirements  established  by the commissioner. Grants
    28  shall be awarded based on  criteria  established  by  the  commissioner.
    29  Priority  consideration  shall be given to institutions which coordinate
    30  their efforts to increase [minority access] representation of  underrep-
    31  resented  ethnic  groups  with  similar  activities at the undergraduate
    32  level.
    33    § 4. This act shall take effect on the thirtieth day  after  it  shall
    34  have become a law. Effective immediately, the addition, amendment and/or
    35  repeal  of  any  rule  or regulation necessary for the implementation of
    36  this act on its effective date are authorized to be made  and  completed
    37  on or before such effective date.
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