S T A T E   O F   N E W   Y O R K
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                                  5684

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2011
                               ___________

Introduced by M. of A. GIBSON -- read once and referred to the Committee
  on Higher Education

AN ACT to amend the education law, in relation to opportunity for gradu-
  ate education, and making an appropriation therefor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The education law is amended by adding a new section  6456
to read as follows:
  S 6456. OPPORTUNITY FOR GRADUATE EDUCATION. 1. TO ADVANCE THE CAUSE OF
EDUCATIONAL  OPPORTUNITY  IN  GRADUATE  EDUCATION,  THE COMMISSIONER MAY
CONTRACT WITH THREE PUBLIC OR INDEPENDENT INSTITUTIONS OF HIGHER  EDUCA-
TION  FOR THE SUPPORT OF SPECIAL SUMMER PROGRAMS ESTABLISHED TO INCREASE
THE NUMBER OF ECONOMICALLY AND EDUCATIONALLY DISADVANTAGED UNDERGRADUATE
STUDENTS WHO ARE PREPARED FOR ADMISSION TO EDUCATIONAL  PROGRAMS  BEYOND
THE  BACCALAUREATE  DEGREE.  IN ORDER TO BE ELIGIBLE TO ATTEND A SPECIAL
SUMMER PROGRAM, A STUDENT SHALL HAVE COMPLETED  THE  FIRST  YEAR  OF  AN
UNDERGRADUATE  EDUCATIONAL  PROGRAM  AS  A  PARTICIPANT  IN  ONE  OF THE
PROGRAMS  FOR  EDUCATIONALLY  AND  ECONOMICALLY  DISADVANTAGED  STUDENTS
ESTABLISHED   PURSUANT   TO  SECTION  SIXTY-FOUR  HUNDRED  FIFTY-ONE  OR
SIXTY-FOUR HUNDRED FIFTY-TWO OF THIS ARTICLE. A STUDENT WHO  ATTENDED  A
SPECIAL  SUMMER  PROGRAM  UPON COMPLETION OF THE FIRST YEAR OF AN UNDER-
GRADUATE EDUCATIONAL PROGRAM SHALL  ALSO  BE  ELIGIBLE  TO  ATTEND  SUCH
PROGRAM  UPON  COMPLETION  OF THE SECOND YEAR OF AN UNDERGRADUATE EDUCA-
TIONAL PROGRAM. A STUDENT WHO HAS COMPLETED THE THIRD OR FOURTH YEAR  OF
AN  UNDERGRADUATE  EDUCATIONAL  PROGRAM  SHALL  BE  ELIGIBLE TO ATTEND A
SPECIAL SUMMER PROGRAM.  ELIGIBLE STUDENTS SHALL BE  SELECTED  IN  EQUAL
NUMBERS FROM STUDENTS PARTICIPATING IN THE OPPORTUNITY PROGRAMS OF INDE-
PENDENT  INSTITUTIONS  OF  HIGHER EDUCATION, THE STATE UNIVERSITY OF NEW
YORK AND THE CITY UNIVERSITY OF NEW YORK,  RESPECTIVELY.  ENROLLMENT  IN
SUCH  PROGRAMS  SHALL  NOT EXCEED LEVELS DETERMINED BY THE COMMISSIONER,
WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08691-01-1
              

A. 5684                             2

  2. TO QUALIFY FOR STATE ASSISTANCE PURSUANT TO THIS SECTION, AN INSTI-
TUTION OF HIGHER EDUCATION MUST BE A COLLEGE OR UNIVERSITY  INCORPORATED
BY  THE  REGENTS  OR  BY  THE  LEGISLATURE AND MUST MAINTAIN ONE OR MORE
EARNED DEGREE PROGRAMS CULMINATING IN A BACCALAUREATE DEGREE.
  3.  MONEYS  MADE  AVAILABLE TO INSTITUTIONS THROUGH CONTRACTS SHALL BE
SPENT ONLY FOR THE FOLLOWING PURPOSES:
  A. PERSONAL AND CAREER COUNSELING FOR ENROLLED STUDENTS;
  B. DIAGNOSTIC AND PRESCRIPTIVE TESTING FOR SUCH STUDENTS;
  C. INSTRUCTION IN SUBJECT MATTER AND LABORATORY WORK;
  D. TUTORING OF ENROLLED STUDENTS;
  E. FINANCIAL ASSISTANCE FOR ENROLLED STUDENTS IN  SUCH  AMOUNT  AS  IS
DETERMINED BY THE COMMISSIONER;
  F.  ADMINISTRATION  OF THE PROGRAM, INCLUDING PLANNING AND EVALUATION,
WITHIN THE LIMITATIONS ESTABLISHED BY THE COMMISSIONER.
  4. EACH PROGRAM SHALL BE OPERATED FOR A PERIOD OF EIGHT WEEKS, BETWEEN
THE FIRST DAY OF JULY AND THE FIRST DAY OF SEPTEMBER OF  EACH  YEAR.  AN
INSTITUTION  OF HIGHER EDUCATION SELECTED BY THE COMMISSIONER TO PROVIDE
A SPECIAL SUMMER PROGRAM SHALL OFFER A PROGRAM IN HEALTH AND  BIOLOGICAL
SCIENCES;  LAW  AND  BUSINESS; OR SOCIAL SCIENCES AND THE HUMANITIES, AS
DETERMINED BY THE COMMISSIONER.
  5. INSTITUTIONS APPLYING FOR CONTRACTS PURSUANT TO THIS SECTION  SHALL
SUBMIT TO THE COMMISSIONER SUCH REPORTS OR OTHER INFORMATION AS HE SHALL
REQUIRE.   THE COMMISSIONER SHALL CONSIDER SUCH INFORMATION IN DETERMIN-
ING WHETHER TO ENTER INTO A CONTRACT WITH ANY INSTITUTION.  THE  COMMIS-
SIONER  MAY  PROMULGATE  REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF
THESE PROGRAMS.
  6. CONTRACTS MADE PURSUANT TO THIS SECTION SHALL  BE  SUBJECT  TO  THE
APPROVAL OF THE DIRECTOR OF THE BUDGET.
  7.  THE  COMMISSIONER SHALL PREPARE AN ANNUAL REPORT OF THE ACTIVITIES
OF INSTITUTIONS WHICH RECEIVED STATE FUNDS PURSUANT TO THIS  SECTION  IN
THE  FISCAL  YEAR,  CONCERNING, BUT NOT LIMITED TO, THE EFFECTIVENESS OF
THE PROGRAMS CONTRACTED FOR, THE NUMBER OF STUDENTS SERVED, THE COSTS OF
THE PROGRAMS, AND FUTURE PLANS THEREFOR, AND SHALL TRANSMIT SUCH  REPORT
TO  THE  GOVERNOR  AND  THE LEGISLATURE ON OR BEFORE NOVEMBER FIRST NEXT
FOLLOWING THE COMPLETION OF SUCH YEAR'S SUMMER PROGRAMS.
  S 2. The sum of seven hundred  eleven  thousand  two  hundred  dollars
($711,200),  or so much thereof as may be necessary, is hereby appropri-
ated to the department of education out of any moneys in the state trea-
sury in the general fund to the credit of the state purposes account not
otherwise appropriated, for its expenses,  including  personal  service,
maintenance and operation, in carrying out the provisions of this act.
  S  3. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.