S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5587
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 27, 2015
                                      ___________
       Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
         Committee on Higher Education
       AN ACT to amend the education law, in relation to establishing the path-
         ways for academic career and employment program and  the  gap  tuition
         assistance program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Title 7 of the education law is amended  by  adding  a  new
    2  article 130-A to read as follows:
    3                                 ARTICLE 130-A
    4             PATHWAYS FOR ACADEMIC CAREER AND EMPLOYMENT PROGRAM
    5  SECTION 6460. DEFINITIONS.
    6          6461. PATHWAYS FOR ACADEMIC CAREER AND EMPLOYMENT PROGRAM.
    7    S  6460.  DEFINITIONS. AS USED IN THIS ARTICLE: 1. "DISLOCATED WORKER"
    8  MEANS AN INDIVIDUAL ELIGIBLE FOR SERVICES AND BENEFITS UNDER THE FEDERAL
    9  TRADE ADJUSTMENT ACT OF 2002, P.L. 107-210, WHO:
   10    A. IS A CITIZEN OR NATIONAL OF THE UNITED STATES, A LAWFULLY  ADMITTED
   11  PERMANENT  RESIDENT  ALIEN, A LAWFULLY ADMITTED REFUGEE OR PAROLEE OR AN
   12  INDIVIDUAL AUTHORIZED BY THE ATTORNEY GENERAL  TO  WORK  IN  THE  UNITED
   13  STATES,  AND WHO IS REGISTERED FOR THE SELECTIVE SERVICE, IF APPLICABLE;
   14  AND
   15    B. (1) HAS BEEN LAID  OFF  OR  TERMINATED,  IS  ELIGIBLE  FOR  OR  HAS
   16  EXHAUSTED  ENTITLEMENT  TO UNEMPLOYMENT COMPENSATION, AND IS UNLIKELY TO
   17  RETURN TO THE INDIVIDUAL'S PREVIOUS INDUSTRY OR OCCUPATION; OR
   18    (2) IS IN RECEIPT OF A NOTICE OF LAYOFF OR  TERMINATION  FROM  EMPLOY-
   19  MENT,  WILL  BE  ENTITLED  TO  UNEMPLOYMENT  COMPENSATION AT THE TIME OF
   20  LAYOFF OR TERMINATION, AND IS UNLIKELY TO  RETURN  TO  THE  INDIVIDUAL'S
   21  PREVIOUS INDUSTRY OR OCCUPATION; OR
   22    (3)  HAS  BEEN  LAID  OFF OR TERMINATED, OR HAS RECEIVED A TERMINATION
   23  NOTICE, HAS BEEN EMPLOYED FOR A DURATION OF TIME TO SUFFICIENTLY  DEMON-
   24  STRATE ATTACHMENT TO THE WORKFORCE, AND IS NOT ELIGIBLE FOR UNEMPLOYMENT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06429-01-5
       A. 5587                             2
    1  COMPENSATION DUE TO INSUFFICIENT EARNINGS, OR HAS PERFORMED SERVICES FOR
    2  AN  EMPLOYER NOT COVERED UNDER THE UNEMPLOYMENT COMPENSATION LAW, AND IS
    3  UNLIKELY TO RETURN TO THE INDIVIDUAL'S PREVIOUS INDUSTRY OR  OCCUPATION;
    4  OR
    5    (4)  HAS BEEN LAID OFF OR TERMINATED, OR HAS RECEIVED NOTICE OF LAYOFF
    6  OR TERMINATION, AS A RESULT OF A PERMANENT CLOSURE OF OR ANY SUBSTANTIAL
    7  LAYOFF AT A PLANT, FACILITY OR ENTERPRISE; OR
    8    (5) WAS FORMERLY SELF-EMPLOYED AND IS UNEMPLOYED FROM THE INDIVIDUAL'S
    9  BUSINESS; OR
   10    (6) IS A DISPLACED HOMEMAKER WHO HAS BEEN PROVIDING UNPAID SERVICES TO
   11  FAMILY MEMBERS IN THE HOME, HAS BEEN DEPENDENT ON THE INCOME OF  ANOTHER
   12  FAMILY  MEMBER  AND IS NO LONGER SUPPORTED BY THAT INCOME, IS UNEMPLOYED
   13  OR UNDEREMPLOYED, AND IS EXPERIENCING DIFFICULTY IN OBTAINING OR UPGRAD-
   14  ING EMPLOYMENT.
   15    2. "FEDERAL POVERTY LEVEL" MEANS THE  MOST  RECENTLY  REVISED  POVERTY
   16  INCOME  GUIDELINES  PUBLISHED  BY  THE  FEDERAL DEPARTMENT OF HEALTH AND
   17  HUMAN SERVICES.
   18    3. "LOW SKILLED" MEANS AN ADULT INDIVIDUAL WHO IS BASIC  SKILLS  DEFI-
   19  CIENT, HAS LOWER LEVEL DIGITAL LITERACY SKILLS, HAS AN EDUCATION BELOW A
   20  HIGH  SCHOOL  DIPLOMA, OR HAS A LOW LEVEL OF EDUCATIONAL ATTAINMENT THAT
   21  INHIBITS THE INDIVIDUAL'S ABILITY TO  COMPETE  FOR  SKILLED  OCCUPATIONS
   22  THAT PROVIDE OPPORTUNITY FOR A SELF-SUFFICIENT WAGE.
   23    4.  "UNDEREMPLOYED" MEANS AN ADULT INDIVIDUAL WHO IS WORKING LESS THAN
   24  THIRTY HOURS PER WEEK, OR WHO IS EMPLOYED ANY NUMBER OF HOURS  PER  WEEK
   25  IN  A  JOB  THAT IS SUBSTANTIALLY BELOW THE INDIVIDUAL'S SKILL LEVEL AND
   26  THAT DOES NOT LEAD TO SELF-SUFFICIENCY.
   27    5. "UNEMPLOYED" MEANS AN ADULT INDIVIDUAL WHO IS  INVOLUNTARILY  UNEM-
   28  PLOYED AND IS ACTIVELY ENGAGED IN SEEKING EMPLOYMENT.
   29    S  6461.  PATHWAYS FOR ACADEMIC CAREER AND EMPLOYMENT PROGRAM. 1.  THE
   30  PATHWAYS FOR ACADEMIC CAREER AND EMPLOYMENT  PROGRAM  (PACE)  IS  HEREBY
   31  ESTABLISHED TO PROVIDE FUNDING TO COMMUNITY COLLEGES FOR THE DEVELOPMENT
   32  OF  PROJECTS THAT WILL LEAD TO GAINFUL, QUALITY, IN-STATE EMPLOYMENT FOR
   33  MEMBERS OF TARGET POPULATIONS BY  PROVIDING  THEM  WITH  BOTH  EFFECTIVE
   34  ACADEMIC  AND  EMPLOYMENT  TRAINING  TO  ENSURE  GAINFUL  EMPLOYMENT AND
   35  CUSTOMIZED SUPPORT SERVICES.
   36    2. INDIVIDUALS INCLUDED IN TARGET POPULATIONS  ARE  THOSE  INDIVIDUALS
   37  WHO MEET ONE OR MORE OF THE FOLLOWING CRITERIA:
   38    A.  ARE  DEEMED  TO  BE LOW SKILLED AS DEFINED IN SUBDIVISION THREE OF
   39  SECTION SIXTY-FOUR HUNDRED SIXTY OF THIS ARTICLE.
   40    B. EARN INCOMES AT OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY
   41  LEVEL.
   42    C. ARE UNEMPLOYED.
   43    D. ARE UNDEREMPLOYED.
   44    E. ARE DISLOCATED WORKERS.
   45    3. PROJECTS ELIGIBLE FOR FUNDING FOR PACE SHALL BE PROJECTS THAT:
   46    A. FURTHER THE ABILITY OF MEMBERS  OF  TARGET  POPULATIONS  TO  SECURE
   47  GAINFUL, QUALITY EMPLOYMENT;
   48    B.  FURTHER  PARTNERSHIPS  LINKING  COMMUNITY COLLEGES TO INDUSTRY AND
   49  NONPROFIT ORGANIZATIONS; AND
   50    C. FURTHER THE FOLLOWING PROGRAM OUTCOMES:
   51    (1) ENABLING MEMBERS OF THE TARGET POPULATIONS TO:
   52    (A) ACQUIRE AND DEMONSTRATE COMPETENCY IN BASIC SKILLS;
   53    (B) ACQUIRE AND DEMONSTRATE COMPETENCY IN A SPECIFIED TECHNICAL FIELD;
   54    (C) COMPLETE A SPECIFIED LEVEL OF POSTSECONDARY EDUCATION;
   55    (D) EARN A NATIONAL CAREER READINESS CERTIFICATE;
   56    (E) OBTAIN EMPLOYER-VALIDATED CREDENTIALS; AND/OR
       A. 5587                             3
    1    (F) SECURE GAINFUL EMPLOYMENT IN HIGH-QUALITY, LOCAL JOBS; AND
    2    (2) MEET ECONOMIC AND EMPLOYMENT GOALS INCLUDING BUT NOT LIMITED TO:
    3    (A)  ECONOMIC  AND  WORKFORCE  DEVELOPMENT REQUIREMENTS IN EACH REGION
    4  SERVED BY THE COMMUNITY COLLEGES; AND
    5    (B) NEEDS OF INDUSTRY PARTNERS IN AREAS INCLUDING BUT NOT  LIMITED  TO
    6  THE  FIELDS OF INFORMATION TECHNOLOGY, HEALTH CARE, ADVANCED MANUFACTUR-
    7  ING, TRANSPORTATION AND LOGISTICS, AND ANY OTHER INDUSTRY DESIGNATED  AS
    8  IN-DEMAND BY THE COMMISSIONER.
    9    4.  PROGRAM  COMPONENTS  FOR A PACE PROJECT IMPLEMENTED AT A COMMUNITY
   10  COLLEGE SHALL:
   11    A. INCLUDE  MEASURABLE  AND  EFFECTIVE  RECRUITMENT,  ASSESSMENT,  AND
   12  REFERRAL ACTIVITIES DESIGNED FOR THE TARGET POPULATIONS;
   13    B.  INTEGRATE  BASIC  SKILLS  AND WORK-READINESS TRAINING WITH OCCUPA-
   14  TIONAL SKILLS TRAINING;
   15    C. COMBINE CUSTOMIZED SUPPORTIVE AND  CASE  MANAGEMENT  SERVICES  WITH
   16  TRAINING  SERVICES TO HELP PARTICIPANTS OVERCOME BARRIERS TO EMPLOYMENT;
   17  AND
   18    D. PROVIDE TRAINING SERVICES AT TIMES, LOCATIONS, AND  THROUGH  MULTI-
   19  PLE, FLEXIBLE MODALITIES THAT ARE EASILY UNDERSTOOD AND READILY ACCESSI-
   20  BLE  TO  THE  TARGET  POPULATIONS.    SUCH MODALITIES SHALL SUPPORT OPEN
   21  ENTRY, INDIVIDUALIZED LEARNING, AND FLEXIBLE SCHEDULING, AND MAY INCLUDE
   22  ONLINE REMEDIATION, LEARNING LAB AND COHORT LEARNING COMMUNITIES, TUTOR-
   23  ING, AND MODULARIZATION.
   24    5. EACH COMMUNITY COLLEGE RECEIVING FUNDING FOR PACE SHALL  DEVELOP  A
   25  PIPELINE  PROGRAM  IN  ORDER TO BETTER SERVE THE ACADEMIC, TRAINING, AND
   26  EMPLOYMENT NEEDS OF THE TARGET POPULATIONS.  A  PIPELINE  PROGRAM  SHALL
   27  HAVE THE FOLLOWING GOALS:
   28    A.  TO  STRENGTHEN PARTNERSHIPS WITH COMMUNITY-BASED ORGANIZATIONS AND
   29  INDUSTRY REPRESENTATIVES;
   30    B. TO  IMPROVE  AND  SIMPLIFY  THE  IDENTIFICATION,  RECRUITMENT,  AND
   31  ASSESSMENT OF QUALIFIED PARTICIPANTS;
   32    C. TO CONDUCT AND MANAGE AN OUTREACH, RECRUITMENT, AND INTAKE PROCESS,
   33  ALONG  WITH ACCOMPANYING SUPPORT SERVICES, REFLECTING SENSITIVITY TO THE
   34  TIME AND FINANCIAL CONSTRAINTS AND REMEDIATION NEEDS OF THE TARGET POPU-
   35  LATIONS;
   36    D. TO CONDUCT ORIENTATIONS  FOR  QUALIFIED  PARTICIPANTS  TO  DESCRIBE
   37  REGIONAL  LABOR  MARKET  OPPORTUNITIES,  EMPLOYER  PARTNERS, AND PROGRAM
   38  REQUIREMENTS AND EXPECTATIONS;
   39    E. TO DESCRIBE THE CONCEPTS OF THE PROJECT IMPLEMENTED WITH FUNDS FROM
   40  PACE AND  THE  EMBEDDED  EDUCATIONAL  AND  SUPPORT  RESOURCES  AVAILABLE
   41  THROUGH SUCH PROJECT;
   42    F.  TO  OUTLINE  THE BASIC SKILLS PARTICIPANTS WILL LEARN AND DESCRIBE
   43  THE CREDENTIALS PARTICIPANTS WILL EARN;
   44    G. TO DESCRIBE SUCCESS MILESTONES  AND  WAYS  IN  WHICH  TEMPORAL  AND
   45  INSTRUCTIONAL BARRIERS HAVE BEEN MINIMIZED OR ELIMINATED; AND
   46    H.  TO REVIEW HOW INDIVIDUALIZED AND CUSTOMIZED SERVICE STRATEGIES FOR
   47  PARTICIPANTS WILL BE DEVELOPED AND PROVIDED.
   48    6. EACH COMMUNITY COLLEGE RECEIVING FUNDING FOR PACE SHALL  DEVELOP  A
   49  CAREER  PATHWAY  AND  BRIDGE  CURRICULUM DEVELOPMENT PROGRAM IN ORDER TO
   50  BETTER SERVE THE ACADEMIC, TRAINING, AND EMPLOYMENT NEEDS OF THE  TARGET
   51  POPULATIONS. A CAREER PATHWAYS AND BRIDGE CURRICULUM DEVELOPMENT PROGRAM
   52  SHALL HAVE THE FOLLOWING GOALS:
   53    A.  THE  ARTICULATION  OF COURSES AND MODULES, THE MAPPING OF PROGRAMS
   54  WITHIN CAREER PATHWAYS, AND THE ESTABLISHMENT OF BRIDGES BETWEEN  CREDIT
   55  AND NONCREDIT PROGRAMS;
       A. 5587                             4
    1    B. THE INTEGRATION AND CONTEXTUALIZATION OF BASIC SKILLS EDUCATION AND
    2  SKILLS  TRAINING.   THIS PROCESS SHALL PROVIDE FOR SEAMLESS PROGRESSIONS
    3  BETWEEN ADULT BASIC EDUCATION AND GENERAL EDUCATION DEVELOPMENT PROGRAMS
    4  AND CONTINUING EDUCATION AND CREDIT  CERTIFICATE,  DIPLOMA,  AND  DEGREE
    5  PROGRAMS; AND
    6    C.  THE  DEVELOPMENT OF CAREER PATHWAYS THAT SUPPORT THE ATTAINMENT OF
    7  INDUSTRY-RECOGNIZED CREDENTIALS, DIPLOMAS, AND DEGREES  THROUGH  STACKA-
    8  BLE, MODULARIZED PROGRAM DELIVERY.
    9    S  2.  The  education  law is amended by adding a new section 669-f to
   10  read as follows:
   11    S 669-F. GAP TUITION ASSISTANCE PROGRAM. 1. THE GAP TUITION ASSISTANCE
   12  PROGRAM IS HEREBY ESTABLISHED TO PROVIDE FUNDING TO  COMMUNITY  COLLEGES
   13  FOR  NEED-BASED  TUITION  ASSISTANCE  TO  ENABLE  APPLICANTS TO COMPLETE
   14  CONTINUING EDUCATION CERTIFICATE TRAINING PROGRAMS FOR IN-DEMAND OCCUPA-
   15  TIONS.
   16    2. A. ELIGIBILITY FOR TUITION ASSISTANCE SHALL BE BASED  ON  FINANCIAL
   17  NEED.  APPLICANTS  MAY  BE  FOUND  ELIGIBLE FOR PARTIAL OR TOTAL TUITION
   18  ASSISTANCE. TUITION ASSISTANCE SHALL NOT BE APPROVED WHEN THE  COMMUNITY
   19  COLLEGE  RECEIVING THE APPLICATION DETERMINES THAT FUNDING FOR AN APPLI-
   20  CANT'S PARTICIPATION IN AN ELIGIBLE  CERTIFICATE  PROGRAM  IS  AVAILABLE
   21  FROM  ANY  OTHER PUBLIC OR PRIVATE FUNDING SOURCE. CRITERIA TO DETERMINE
   22  FINANCIAL NEED SHALL INCLUDE BUT NOT BE LIMITED TO:
   23    (1) THE APPLICANT'S FAMILY INCOME FOR THE TWELVE MONTHS PRIOR  TO  THE
   24  DATE OF APPLICATION;
   25    (2) THE APPLICANT'S FAMILY SIZE; AND
   26    (3) THE APPLICANT'S COUNTY OF RESIDENCE.
   27    B.  AN  APPLICANT  FOR  TUITION  ASSISTANCE  UNDER  THIS SECTION SHALL
   28  PROVIDE TO THE GAP  TUITION  ASSISTANCE  COORDINATOR  AT  THE  COMMUNITY
   29  COLLEGE  RECEIVING  THE  APPLICATION  DOCUMENTATION  OF  ALL  SOURCES OF
   30  INCOME.
   31    C. ELIGIBILITY FOR TUITION ASSISTANCE  UNDER  THIS  CHAPTER  SHALL  BE
   32  LIMITED  TO  INDIVIDUALS EARNING INCOMES AT OR BELOW TWO HUNDRED PERCENT
   33  OF THE FEDERAL POVERTY LEVEL AS DEFINED BY  THE  MOST  RECENTLY  REVISED
   34  POVERTY  INCOME  GUIDELINES PUBLISHED BY THE UNITED STATES DEPARTMENT OF
   35  HEALTH AND HUMAN SERVICES.
   36    3. AN APPLICANT FOR TUITION ASSISTANCE UNDER THIS CHAPTER MUST HAVE  A
   37  DEMONSTRATED CAPACITY TO ACHIEVE THE FOLLOWING OUTCOMES:
   38    A. THE ABILITY TO COMPLETE AN ELIGIBLE CERTIFICATE PROGRAM;
   39    B.  THE  ABILITY  TO  ENTER  A  POSTSECONDARY CERTIFICATE, DIPLOMA, OR
   40  DEGREE PROGRAM FOR CREDIT;
   41    C. THE ABILITY TO GAIN FULL-TIME EMPLOYMENT; AND
   42    D. THE ABILITY TO MAINTAIN FULL-TIME EMPLOYMENT OVER A PERIOD OF TIME.
   43    4. THE COMMUNITY COLLEGE RECEIVING THE APPLICATION SHALL ONLY  APPROVE
   44  AN  APPLICANT FOR TUITION ASSISTANCE UNDER THIS SECTION IF THE COMMUNITY
   45  COLLEGE DETERMINES THE APPLICANT IS LIKELY TO SUCCEED IN  ACHIEVING  THE
   46  OUTCOMES  DESCRIBED IN SUBDIVISION THREE OF THIS SECTION AFTER CONSIDER-
   47  ING FACTORS INCLUDING BUT NOT LIMITED TO:
   48    A. BARRIERS THAT MAY PREVENT AN APPLICANT FROM COMPLETING THE  CERTIF-
   49  ICATE PROGRAM; AND
   50    B.  BARRIERS  THAT MAY PREVENT AN APPLICANT FROM GAINING EMPLOYMENT IN
   51  AN IN-DEMAND OCCUPATION.
   52    5. A. ONLY AN APPLICANT ELIGIBLE TO WORK IN THE UNITED STATES SHALL BE
   53  APPROVED FOR TUITION ASSISTANCE UNDER THIS CHAPTER.
   54    B. AN APPLICATION SHALL BE VALID FOR  SIX  MONTHS  FROM  THE  DATE  OF
   55  SIGNATURE ON THE APPLICATION.
       A. 5587                             5
    1    C.  AN  APPLICANT  SHALL  NOT BE APPROVED FOR TUITION ASSISTANCE UNDER
    2  THIS SECTION FOR MORE THAN ONE ELIGIBLE CERTIFICATE PROGRAM.
    3    D.  ELIGIBILITY FOR TUITION ASSISTANCE UNDER THIS CHAPTER SHALL NOT BE
    4  CONSTRUED TO GUARANTEE ENROLLMENT IN ANY COMMUNITY  COLLEGE  CERTIFICATE
    5  PROGRAM.
    6    6.  A.  COSTS  OF  A  CERTIFICATE PROGRAM ELIGIBLE FOR COVERAGE BY GAP
    7  TUITION ASSISTANCE SHALL INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
    8    (1) TUITION;
    9    (2) DIRECT TRAINING COSTS;
   10    (3) REQUIRED BOOKS AND EQUIPMENT; AND
   11    (4) FEES, INCLUDING BUT NOT  LIMITED  TO  FEES  FOR  INDUSTRY  TESTING
   12  SERVICES AND BACKGROUND CHECK TESTING SERVICES.
   13    B.  FOR  THE  PURPOSES OF THIS CHAPTER, "ELIGIBLE CERTIFICATE PROGRAM"
   14  MEANS A PROGRAM MEETING ALL OF THE FOLLOWING CRITERIA:
   15    (1) THE PROGRAM IS NOT OFFERED FOR  CREDIT,  BUT  IS  ALIGNED  WITH  A
   16  CERTIFICATE, DIPLOMA, OR DEGREE FOR CREDIT, AND DOES AT LEAST ONE OF THE
   17  FOLLOWING:
   18    (A) OFFERS A NATIONALLY, LOCALLY, OR STATE-RECOGNIZED CERTIFICATE;
   19    (B) OFFERS PREPARATION FOR A PROFESSIONAL EXAMINATION OR LICENSURE;
   20    (C) PROVIDES ENDORSEMENT FOR AN EXISTING CREDENTIAL OR LICENSE;
   21    (D)  REPRESENTS  RECOGNIZED  SKILL  STANDARDS DEFINED BY AN INDUSTRIAL
   22  SECTOR; OR
   23    (E) OFFERS A SIMILAR CREDENTIAL OR TRAINING  IN  CONNECTION  WITH  THE
   24  PATHWAYS FOR ACADEMIC CAREER AND EMPLOYMENT PROGRAM ESTABLISHED PURSUANT
   25  TO SECTION SIXTY-FOUR HUNDRED SIXTY-ONE OF THIS CHAPTER; AND
   26    (2)  THE PROGRAM OFFERS TRAINING OR A CREDENTIAL IN AN IN-DEMAND OCCU-
   27  PATION.  FOR  THE  PURPOSES  OF  THIS  CHAPTER,  "IN-DEMAND  OCCUPATION"
   28  INCLUDES  OCCUPATIONS  IN  INFORMATION TECHNOLOGY, HEALTH CARE, ADVANCED
   29  MANUFACTURING, TRANSPORTATION AND  LOGISTICS,  AND  ANY  OTHER  INDUSTRY
   30  DESIGNATED AS IN-DEMAND BY THE COMMISSIONER.
   31    7.  AN  ELIGIBLE  APPLICANT  FOR TUITION ASSISTANCE UNDER THIS SECTION
   32  SHALL COMPLETE AN  INITIAL  ASSESSMENT  ADMINISTERED  BY  THE  COMMUNITY
   33  COLLEGE RECEIVING THE APPLICATION TO DETERMINE THE APPLICANT'S READINESS
   34  TO  COMPLETE  AN  ELIGIBLE  CERTIFICATE  PROGRAM.  THE  ASSESSMENT SHALL
   35  INCLUDE ASSESSMENTS  FOR  COMPLETION  OF  A  NATIONAL  CAREER  READINESS
   36  CERTIFICATE,  INCLUDING  THE  AREAS  OF READING FOR INFORMATION, APPLIED
   37  MATHEMATICS, AND LOCATING INFORMATION.  AN  APPLICANT  MUST  ACHIEVE  AT
   38  LEAST  A  NATIONAL  BRONZE-LEVEL CERTIFICATE, DEFINED AS A MINIMUM LEVEL
   39  THREE FOR READING, MATH,  AND  LOCATING  INFORMATION,  IN  ORDER  TO  BE
   40  APPROVED  FOR  TUITION ASSISTANCE. AN APPLICANT SHALL COMPLETE ANY ADDI-
   41  TIONAL ASSESSMENTS AND OCCUPATIONAL RESEARCH REQUIRED  BY  THE  PATHWAYS
   42  FOR  ACADEMIC  CAREER  AND  EMPLOYMENT  PROGRAM  ESTABLISHED PURSUANT TO
   43  SECTION SIXTY-FOUR HUNDRED SIXTY-ONE OF  THIS  CHAPTER  OR  AN  ELIGIBLE
   44  CERTIFICATE PROGRAM, OR BOTH.
   45    8.  AN  ELIGIBLE  APPLICANT  FOR TUITION ASSISTANCE UNDER THIS SECTION
   46  SHALL MEET WITH THE GAP TUITION ASSISTANCE COORDINATOR FOR  AN  ELIGIBLE
   47  CERTIFICATE  PROGRAM  OFFERED  BY  THE  COMMUNITY  COLLEGE RECEIVING THE
   48  APPLICATION. THE GAP TUITION ASSISTANCE COORDINATOR  SHALL  DISCUSS  THE
   49  RELEVANT  INDUSTRY, ANY APPLICABLE OCCUPATIONAL RESEARCH, AND ANY APPLI-
   50  CABLE  TRAINING  RELATING  TO  THE  ELIGIBLE  CERTIFICATE  PROGRAM.  THE
   51  DISCUSSION  SHALL INCLUDE AN EVALUATION OF THE APPLICANT'S CAPABILITIES,
   52  NEEDS, FAMILY SITUATION, WORK HISTORY, EDUCATIONAL BACKGROUND,  ATTITUDE
   53  AND  MOTIVATION, EMPLOYMENT SKILLS, VOCATIONAL POTENTIAL, AND EMPLOYMENT
   54  BARRIERS. THE DISCUSSION  SHALL  ALSO  INCLUDE  POTENTIAL  START  DATES,
   55  SUPPORT  NEEDS,  AND  OTHER  REQUIREMENTS  FOR  AN  ELIGIBLE CERTIFICATE
   56  PROGRAM.
       A. 5587                             6
    1    9. A. A PARTICIPANT IN AN ELIGIBLE CERTIFICATE  PROGRAM  WHO  RECEIVES
    2  TUITION  ASSISTANCE PURSUANT TO THIS CHAPTER SHALL DO ALL OF THE FOLLOW-
    3  ING:
    4    (1)  MAINTAIN  REGULAR  CONTACT WITH STAFF MEMBERS FOR THE CERTIFICATE
    5  PROGRAM TO DOCUMENT THE APPLICANT'S PROGRESS IN THE PROGRAM;
    6    (2) SIGN A RELEASE FORM TO PROVIDE RELEVANT INFORMATION  TO  COMMUNITY
    7  COLLEGE FACULTY OR CASE MANAGERS;
    8    (3)  DISCUSS WITH STAFF MEMBERS FOR THE CERTIFICATE PROGRAM ANY ISSUES
    9  THAT MAY IMPACT THE PARTICIPANT'S ABILITY TO  COMPLETE  THE  CERTIFICATE
   10  PROGRAM,  OBTAIN  EMPLOYMENT,  AND  MAINTAIN EMPLOYMENT OVER A PERIOD OF
   11  TIME;
   12    (4) ATTEND ALL REQUIRED COURSES REGULARLY; AND
   13    (5) MEET WITH STAFF MEMBERS FOR THE CERTIFICATE PROGRAM TO  DEVELOP  A
   14  JOB SEARCH PLAN.
   15    B.  A COMMUNITY COLLEGE MAY TERMINATE TUITION ASSISTANCE FOR A PARTIC-
   16  IPANT WHO FAILS TO MEET THE REQUIREMENTS OF THIS RULE.  THE  PROCESS  TO
   17  APPEAL  A  TERMINATION WILL BE PROVIDED TO A PARTICIPANT THROUGH THE GAP
   18  TUITION ASSISTANCE COORDINATOR.
   19    10. A. STATEWIDE OVERSIGHT, EVALUATION, AND REPORTING EFFORTS FOR  THE
   20  GAP TUITION ASSISTANCE PROGRAM SHALL BE COORDINATED BY THE DEPARTMENT.
   21    B.  A STEERING COMMITTEE, CONSISTING OF THE COMMISSIONER, THE REGENTS,
   22  AND COMMUNITY COLLEGE  CONTINUING  EDUCATION  DEANS  AND  DIRECTORS,  IS
   23  ESTABLISHED  TO DETERMINE IF THE PERFORMANCE MEASURES OF THE GAP TUITION
   24  ASSISTANCE PROGRAM ARE BEING MET AND TO CORRECT  ANY  DEFICIENCIES.  THE
   25  STEERING COMMITTEE SHALL MEET AT LEAST QUARTERLY TO EVALUATE AND MONITOR
   26  THE PERFORMANCE OF THE GAP TUITION ASSISTANCE PROGRAM.
   27    C.  A  COMMON INTAKE TRACKING SYSTEM SHALL BE ESTABLISHED TO BE IMPLE-
   28  MENTED CONSISTENTLY BY EACH PARTICIPATING COMMUNITY COLLEGE. THE  COMMU-
   29  NITY COLLEGES WILL WORK COOPERATIVELY IN ESTABLISHING THE SYSTEM AND THE
   30  DEPARTMENT  WILL  ASSIST  IN  GATHERING REQUIRED REPORTING DATA ELEMENTS
   31  THROUGH THE COMMUNITY COLLEGE MANAGEMENT INFORMATION SYSTEM (MIS).
   32    D. THE STEERING COMMITTEE WILL DEVELOP THE REQUIRED  PROGRAM  CRITERIA
   33  FOR  PATHWAYS FOR ACADEMIC CAREER AND EMPLOYMENT PROGRAM AND GAP TUITION
   34  ASSISTANCE-CERTIFIED PROGRAMS TO BE ELIGIBLE FOR TUITION ASSISTANCE  AND
   35  PROGRAM  FUNDING.   THESE CRITERIA WILL BE DEVELOPED BASED ON BEST PRAC-
   36  TICES IN THE DEVELOPMENT AND DELIVERY OF CAREER  PATHWAY  PROGRAMS  THAT
   37  PROVIDE A CLEAR SEQUENCE OF EDUCATION COURSEWORK AND CREDENTIALS ALIGNED
   38  WITH  REGIONAL  WORKFORCE SKILL NEEDS; CLEARLY ARTICULATE FROM ONE LEVEL
   39  OF INSTRUCTION TO THE NEXT; COMBINE  OCCUPATIONAL  SKILLS  AND  REMEDIAL
   40  ADULT  EDUCATION;  LEAD  TO  THE  ATTAINMENT  OF A CREDENTIAL OR DEGREE;
   41  ASSIST WITH JOB PLACEMENT; AND PROVIDE WRAP-AROUND SOCIAL AND  SOCIOECO-
   42  NOMIC  SUPPORT  SERVICES  WITH  THE  GOAL OF INCREASING THE INDIVIDUAL'S
   43  SKILLS ATTAINMENT AND EMPLOYMENT POTENTIAL.
   44    S 3. The commissioner of education  shall  promulgate  all  rules  and
   45  regulations  he  or  she  deems necessary to implement the provisions of
   46  this act on or before its effective date.
   47    S 4. This act shall take effect on the first of January next  succeed-
   48  ing  the  date  upon which it shall have become a law and shall apply to
   49  all school years commencing on and after July first of the year in which
   50  it becomes effective.