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A09254 Summary:

BILL NOA09254A
 
SAME ASSAME AS S06598-A
 
SPONSORBichotte
 
COSPNSRSeawright, Ceretto, Mosley, Walker, Hooper, Jaffee, Joyner, Rosenthal, Blake, Sepulveda
 
MLTSPNSRLentol, Simon
 
Add Art 126 6311, Ed L
 
Relates to the establishment of the New York state promise program for community college courses; makes an appropriation therefor.
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A09254 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9254--A
 
                   IN ASSEMBLY
 
                                    February 5, 2016
                                       ___________
 
        Introduced  by  M.  of  A. BICHOTTE, SEAWRIGHT, CERETTO, MOSLEY, WALKER,
          HOOPER -- Multi-Sponsored by -- M. of A. LENTOL, SIMON  --  read  once
          and  referred  to  the  Committee  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 the  establishment  of
          the  New  York  promise  program for community colleges; and making an
          appropriation therefor
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Article 126 of the education law is amended by adding a new
     2  section 6311 to read as follows:
     3    §  6311.  New York promise program.  1. Establishment. There is hereby
     4  established the New York promise program for community colleges.
     5    2. Administration. The department shall administer the New York  prom-
     6  ise  program  as  provided  for in this section. Subject to subdivisions
     7  five and six of this section, the department shall provide a  waiver  of
     8  tuition for community college courses to a person who meets the criteria
     9  described  in  subdivisions  three and four of this section. Such waiver
    10  shall be a grant and limited as provided in subdivisions five and six of
    11  this section.
    12    3. Eligibility. A grant shall be  awarded  under  this  section  to  a
    13  person who:
    14    (a) is enrolled in courses that are:
    15    (i) offered at a community college in this state; and
    16    (ii) determined by the department, to be required for completion of:
    17    (1) a one-year curriculum for students who plan to transfer to another
    18  post-secondary institution of education;
    19    (2) an associate's degree; or
    20    (3) a program in career and technical education.
    21    (b) has been a resident of this state for at least twelve months prior
    22  to  enrolling in the courses described in paragraph (a) of this subdivi-
    23  sion;
    24    (c) attained their highest level of education in this state prior to:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13908-04-6

        A. 9254--A                          2
 
     1    (i) receiving a high school diploma; or
     2    (ii) receiving a general educational development certificate.
     3    (d)  attained  their  highest level of education as described in para-
     4  graph (c) of this subdivision within six months from the date the person
     5  first enrolls in courses described in paragraph (a) of this  subdivision
     6  for the purpose of receiving a grant under this section;
     7    (e)  earned  a cumulative grade point average of 2.5 or better in high
     8  school or otherwise demonstrated  an  equivalent  academic  ability,  as
     9  determined by the department;
    10    (f)  completed  and submitted the free application for federal student
    11  aid (FAFSA) for each academic year and accepted all  state  and  federal
    12  aid grants available, if eligible to file the application; and
    13    (g) has not completed either of the following:
    14    (i)  more than a total of ninety credit hours, or the equivalent, at a
    15  post-secondary institution of education; or
    16    (ii) a curriculum, degree or program,  as  described  in  subparagraph
    17  (ii) of paragraph (a) of this subdivision.
    18    4. Continued eligibility. (a) A person continues to remain eligible to
    19  receive  a grant under this section if the person, in addition to satis-
    20  fying the criteria described in subdivision three of this section:
    21    (i) maintains a cumulative grade point average of 2.5 or better during
    22  each term for which such person has received a grant under this section;
    23    (ii) makes satisfactory progress towards a one-year curriculum, degree
    24  or program, as described in subparagraph (ii) of paragraph (a) of subdi-
    25  vision three of this section, as determined by the department; and
    26    (iii) enrolls in courses described in  paragraph  (a)  of  subdivision
    27  three  of  this  section  for  a sufficient number of credit hours to be
    28  considered at least a half-time student each term  for  at  least  three
    29  terms in each consecutive year.
    30    (b)  A person who fails to maintain the cumulative grade point average
    31  specified in subparagraph (i)  of  paragraph  (a)  of  this  subdivision
    32  becomes  ineligible  to  receive a grant under this section for the term
    33  after which the person fails to  maintain  the  cumulative  grade  point
    34  average, unless the eligibility requirement of subparagraph (i) of para-
    35  graph (a) of this subdivision is waived by the department.
    36    5.  Awards. (a) The total amount of a grant awarded under this section
    37  shall be based on each  term  that  a  person  is  enrolled  in  courses
    38  described  in paragraph (a) of subdivision three of this section.  After
    39  the amount of tuition for the person for the term is  reduced  by  fifty
    40  dollars,  to  be paid by the person, and reduced by any amounts received
    41  by the person in state and federal  aid  grants,  the  person  shall  be
    42  eligible for a grant under this section in an amount that equals:
    43    (i)  except  as  provided  in subparagraph (ii) of this paragraph, not
    44  less than the greater of:
    45    (1) one thousand dollars; and
    46    (2) the person's actual cost of tuition.
    47    (ii) not more than the lesser of:
    48    (1) the average cost of tuition at a community college in this  state,
    49  as determined by the department; and
    50    (2) the person's actual cost for tuition.
    51    (b)  The  minimum amount of a grant, as calculated under paragraph (a)
    52  of this subdivision, may be prorated for a person  who  is  enrolled  in
    53  courses  described in paragraph (a) of subdivision three of this section
    54  for a sufficient number of credit hours to  be  considered  at  least  a
    55  half-time student but not a full-time student.

        A. 9254--A                          3
 
     1    (c)  The  department  may  prescribe  by rule or regulation whether to
     2  include fees, and any limitations related to the inclusion of fees, when
     3  determining the actual cost of tuition or the average  cost  of  tuition
     4  under this subdivision.
     5    6.  Total  grant amount. The total amount in grants awarded under this
     6  section by the department may not exceed ten million dollars per  fiscal
     7  year,  or  any lesser amount available to the department for the purpose
     8  of this section. The department may adopt  by  rule  or  regulation  the
     9  priority  by which grants are awarded, which may allow for preference to
    10  be given to persons enrolled in school districts or  high  schools  that
    11  meet specified criteria.
    12    7.  Rules  and  regulations.  The department shall adopt any rules and
    13  regulations necessary for the administration of this  section  including
    14  any requirements related to:
    15    (a)  specifying  the  form and timelines for submitting an application
    16  for a grant under this section;
    17    (b) determining whether a person is eligible for a  grant  under  this
    18  section, including whether the person shall be given priority as allowed
    19  under subdivision six of this section;
    20    (c)  implementing  programs  or  policies  that  improve  the academic
    21  success or completion rates for persons who receive a grant  under  this
    22  section;
    23    (d)  prescribing  eligibility  requirements and grant calculations for
    24  persons dually enrolled in a community college and a public  university;
    25  and
    26    (e)  evaluating  the  impact  of  the  program  established under this
    27  section, including any requirements for reporting data needed for evalu-
    28  ation.
    29    8. No later than December thirty-first of each even-numbered year, the
    30  department shall submit to the governor, the temporary president of  the
    31  senate  and  the  speaker  of  the assembly a report that summarizes the
    32  department's findings on the impact of  the  program  established  under
    33  this section.  Such report shall include:
    34    (a)  student  completion  rates  of  curricula,  degrees  and programs
    35  described in subparagraph (ii) of paragraph (a) of subdivision three  of
    36  this section;
    37    (b)  the amount of federal aid grants received by persons who received
    38  a grant under this section;
    39    (c) the financial impact of the program on school districts  that  had
    40  students receive a grant under this section;
    41    (d)  the  financial  and enrollment impact of the program on community
    42  colleges and public universities in this state; and
    43    (e) the overall success rate of this program and financial  impact  of
    44  the program.
    45    §  2.  The  sum  of  ten million dollars ($ 10,000,000.00), or so much
    46  thereof as may be necessary, is hereby appropriated to the department of
    47  education from any moneys in the state treasury in the general  fund  to
    48  the credit of the department of education not otherwise appropriated for
    49  services  and  expenses  of  the  New York State Promise Program for the
    50  purposes of carrying out the provisions of this act. Such sum  shall  be
    51  payable  on  the  audit and warrant of the state comptroller on vouchers
    52  certified or approved by the commissioner  of  education,  or  his  duly
    53  designated  representative in the manner provided by law. No expenditure
    54  shall be made from this appropriation until a certificate of approval of
    55  availability shall have been issued by the director of  the  budget  and
    56  filed  with  the state comptroller and a copy filed with the chairman of

        A. 9254--A                          4
 
     1  the senate finance committee and the chairman of the assembly  ways  and
     2  means  committee.  Such  certificate may be amended from time to time by
     3  the director of the budget and a copy of each such  amendment  shall  be
     4  filed  with  the  state  comptroller, the chairman of the senate finance
     5  committee and the chairman of the assembly ways and means committee.
     6    § 3. This act shall take effect on the one hundred twentieth day after
     7  it shall have become a law and apply to courses enrolled in beginning in
     8  the 2016-2017 academic year.
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