Bill Text: NY A02997 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the establishment of the New York state promise program for community college courses; makes an appropriation therefor.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A02997 Detail]

Download: New_York-2019-A02997-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2997
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced  by  M.  of  A.  BICHOTTE,  JAFFEE,  BLAKE,  JOYNER,  MOSLEY,
          L. ROSENTHAL, WALKER, STECK, SEAWRIGHT -- Multi-Sponsored by -- M.  of
          A.  LENTOL, SIMON -- read once and referred to the Committee on Higher
          Education
        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.  The education law is amended by adding a new section 6311
     2  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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00043-01-9

        A. 2997                             2
     1    (b) has been a resident of this state for at least twelve months prior
     2  to enrolling in the courses described in paragraph (a) of this  subdivi-
     3  sion;
     4    (c) attained their highest level of education in this state prior to:
     5    (i) receiving a high school diploma; or
     6    (ii) receiving a general educational development certificate.
     7    (d)  attained  their  highest level of education as described in para-
     8  graph (c) of this subdivision within six months from the date the person
     9  first enrolls in courses described in paragraph (a) of this  subdivision
    10  for the purpose of receiving a grant under this section;
    11    (e)  earned  a cumulative grade point average of 2.5 or better in high
    12  school or otherwise demonstrated  an  equivalent  academic  ability,  as
    13  determined by the department;
    14    (f)  completed  and submitted the free application for federal student
    15  aid (FAFSA) for each academic year and accepted all  state  and  federal
    16  aid grants available, if eligible to file the application; and
    17    (g) has not completed either of the following:
    18    (i)  more than a total of ninety credit hours, or the equivalent, at a
    19  post-secondary institution of education; or
    20    (ii) a curriculum, degree or program,  as  described  in  subparagraph
    21  (ii) of paragraph (a) of this subdivision.
    22    4. Continued eligibility. (a) A person continues to remain eligible to
    23  receive  a grant under this section if the person, in addition to satis-
    24  fying the criteria described in subdivision three of this section:
    25    (i) maintains a cumulative grade point average of 2.5 or better during
    26  each term for which such person has received a grant under this section;
    27    (ii) makes satisfactory progress towards a one-year curriculum, degree
    28  or program, as described in subparagraph (ii) of paragraph (a) of subdi-
    29  vision three of this section, as determined by the department; and
    30    (iii) enrolls in courses described in  paragraph  (a)  of  subdivision
    31  three  of  this  section  for  a sufficient number of credit hours to be
    32  considered at least a half-time student each term  for  at  least  three
    33  terms in each consecutive year.
    34    (b)  A person who fails to maintain the cumulative grade point average
    35  specified in subparagraph (i)  of  paragraph  (a)  of  this  subdivision
    36  becomes  ineligible  to  receive a grant under this section for the term
    37  after which the person fails to  maintain  the  cumulative  grade  point
    38  average, unless the eligibility requirement of subparagraph (i) of para-
    39  graph (a) of this subdivision is waived by the department.
    40    5.  Awards. (a) The total amount of a grant awarded under this section
    41  shall be based on each  term  that  a  person  is  enrolled  in  courses
    42  described  in paragraph (a) of subdivision three of this section.  After
    43  the amount of tuition for the person for the term is  reduced  by  fifty
    44  dollars,  to  be paid by the person, and reduced by any amounts received
    45  by the person in state and federal  aid  grants,  the  person  shall  be
    46  eligible for a grant under this section in an amount that equals:
    47    (i)  except  as  provided  in subparagraph (ii) of this paragraph, not
    48  less than the greater of:
    49    (1) one thousand dollars; and
    50    (2) the person's actual cost of tuition.
    51    (ii) not more than the lesser of:
    52    (1) the average cost of tuition at a community college in this  state,
    53  as determined by the department; and
    54    (2) the person's actual cost for tuition.
    55    (b)  The  minimum amount of a grant, as calculated under paragraph (a)
    56  of this subdivision, may be prorated for a person  who  is  enrolled  in

        A. 2997                             3
     1  courses  described in paragraph (a) of subdivision three of this section
     2  for a sufficient number of credit hours to  be  considered  at  least  a
     3  half-time student but not a full-time student.
     4    (c)  The  department  may  prescribe  by rule or regulation whether to
     5  include fees, and any limitations related to the inclusion of fees, when
     6  determining the actual cost of tuition or the average  cost  of  tuition
     7  under this subdivision.
     8    6.  Total  grant amount. The total amount in grants awarded under this
     9  section by the department may not exceed ten million dollars per  fiscal
    10  year,  or  any lesser amount available to the department for the purpose
    11  of this section. The department may adopt  by  rule  or  regulation  the
    12  priority  by which grants are awarded, which may allow for preference to
    13  be given to persons enrolled in school districts or  high  schools  that
    14  meet specified criteria.
    15    7.  Rules  and  regulations.  The department shall adopt any rules and
    16  regulations necessary for the administration of this  section  including
    17  any requirements related to:
    18    (a)  specifying  the  form and timelines for submitting an application
    19  for a grant under this section;
    20    (b) determining whether a person is eligible for a  grant  under  this
    21  section, including whether the person shall be given priority as allowed
    22  under subdivision six of this section;
    23    (c)  implementing  programs  or  policies  that  improve  the academic
    24  success or completion rates for persons who receive a grant  under  this
    25  section;
    26    (d)  prescribing  eligibility  requirements and grant calculations for
    27  persons dually enrolled in a community college and a public  university;
    28  and
    29    (e)  evaluating  the  impact  of  the  program  established under this
    30  section, including any requirements for reporting data needed for evalu-
    31  ation.
    32    8. No later than December thirty-first of each even-numbered year, the
    33  department shall submit to the governor, the temporary president of  the
    34  senate  and  the  speaker  of  the assembly a report that summarizes the
    35  department's findings on the impact of  the  program  established  under
    36  this section.  Such report shall include:
    37    (a)  student  completion  rates  of  curricula,  degrees  and programs
    38  described in subparagraph (ii) of paragraph (a) of subdivision three  of
    39  this section;
    40    (b)  the amount of federal aid grants received by persons who received
    41  a grant under this section;
    42    (c) the financial impact of the program on school districts  that  had
    43  students receive a grant under this section;
    44    (d)  the  financial  and enrollment impact of the program on community
    45  colleges and public universities in this state; and
    46    (e) the overall success rate of this program and financial  impact  of
    47  the program.
    48    § 2. The sum of four hundred fifty million dollars ($ 450,000,000.00),
    49  or  so  much  thereof as may be necessary, is hereby appropriated to the
    50  department of education from any moneys in the  state  treasury  in  the
    51  general  fund to the credit of the department of education not otherwise
    52  appropriated for services and expenses of the  New  York  State  Promise
    53  Program  for  the  purposes  of carrying out the provisions of this act.
    54  Such sum shall be payable on the audit and warrant of  the  state  comp-
    55  troller  on vouchers certified or approved by the commissioner of educa-
    56  tion, or his duly designated representative in the  manner  provided  by

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     1  law.  No  expenditure  shall  be  made  from  this appropriation until a
     2  certificate of approval of availability shall have been  issued  by  the
     3  director  of  the budget and filed with the state comptroller and a copy
     4  filed with the chairman of the senate finance committee and the chairman
     5  of  the  assembly  ways  and  means  committee.  Such certificate may be
     6  amended from time to time by the director of the budget and  a  copy  of
     7  each  such  amendment  shall  be  filed  with the state comptroller, the
     8  chairman of the senate finance committee and the chairman of the  assem-
     9  bly ways and means committee.
    10    § 3. This act shall take effect on the one hundred twentieth day after
    11  it shall have become a law and apply to courses enrolled in beginning in
    12  the 2019-2020 academic year.
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