S T A T E   O F   N E W   Y O R K
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                                  5000

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M.  of  A. GLICK, JACOBS, TITONE, CYMBROWITZ, GOTTFRIED,
  JAFFEE -- Multi-Sponsored by  --  M.  of  A.  ABBATE,  CLARK,  COLTON,
  CUSICK, EDDINGTON, GABRYSZAK, GUNTHER, JOHN, MAISEL, McENENY, MILLMAN,
  PERRY,  PHEFFER, REILLY, ROSENTHAL, SWEENEY, TOWNS, WEISENBERG -- read
  once and referred to the Committee on Higher Education

AN ACT to amend the education law, in relation to minimum  state  appro-
  priations  to the state university of New York, city university of New
  York and community colleges

  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 352-b
to read as follows:
  S 352-B. MINIMUM LEVEL OF STATE APPROPRIATIONS TO THE STATE UNIVERSITY
OF NEW YORK. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE  CONTRARY,
IN  ANY  STATE  FISCAL YEAR THE MINIMUM LEVEL OF STATE APPROPRIATIONS TO
THE STATE UNIVERSITY OF NEW YORK FOR OPERATING EXPENSES SHALL  BE  EQUAL
TO  THE TOTAL AVERAGE OF STATE APPROPRIATIONS TO THE STATE UNIVERSITY OF
NEW YORK FOR OPERATING EXPENSES IN  THE  PRECEDING  THREE  STATE  FISCAL
YEARS  OR  THE TOTAL STATE APPROPRIATIONS FOR OPERATING EXPENSES TO SUCH
UNIVERSITY FOR THE PRECEDING STATE FISCAL YEAR,  WHICHEVER  IS  GREATER.
STATE  APPROPRIATIONS  TO THE STATE UNIVERSITY OF NEW YORK FOR OPERATING
EXPENSES IN ANY STATE FISCAL YEAR SHALL NOT BE LESS THAN  THE  PRECEDING
STATE FISCAL YEAR. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIB-
IT  STATE  APPROPRIATIONS FOR OPERATING EXPENSES TO THE STATE UNIVERSITY
OF NEW YORK TO EXCEED THE MINIMUM  LEVEL  OF  STATE  APPROPRIATIONS  FOR
OPERATING EXPENSES TO SUCH UNIVERSITY AS PROVIDED FOR IN THIS SECTION.
  S  2.  The  education law is amended by adding a new section 6216-a to
read as follows:
  S 6216-A. MINIMUM LEVEL OF STATE APPROPRIATIONS TO THE CITY UNIVERSITY
OF NEW YORK. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE  CONTRARY,
IN  ANY  STATE  FISCAL YEAR THE MINIMUM LEVEL OF STATE APPROPRIATIONS TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03492-01-9
              

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THE CITY UNIVERSITY OF NEW YORK FOR OPERATING EXPENSES SHALL BE EQUAL TO
THE TOTAL AVERAGE OF STATE APPROPRIATIONS TO THE CITY UNIVERSITY OF  NEW
YORK FOR OPERATING EXPENSES IN THE PRECEDING THREE STATE FISCAL YEARS OR
THE TOTAL STATE APPROPRIATIONS FOR OPERATING EXPENSES TO SUCH UNIVERSITY
FOR  THE PRECEDING STATE FISCAL YEAR, WHICHEVER IS GREATER. STATE APPRO-
PRIATIONS TO THE CITY UNIVERSITY OF NEW YORK FOR OPERATING  EXPENSES  IN
ANY  STATE FISCAL YEAR SHALL NOT BE LESS THAN THE PRECEDING STATE FISCAL
YEAR. NOTHING IN THIS SECTION  SHALL  BE  CONSTRUED  TO  PROHIBIT  STATE
APPROPRIATIONS FOR OPERATING EXPENSES TO THE CITY UNIVERSITY OF NEW YORK
TO  EXCEED  THE  MINIMUM  LEVEL  OF  STATE  APPROPRIATIONS FOR OPERATING
EXPENSES TO SUCH UNIVERSITY AS PROVIDED FOR IN THIS SECTION.
  S 3. Subdivision 2 of section 6301 of the education law, as amended by
chapter 552 of the laws of 1984, is amended to read as follows:
  2. "Community colleges." Colleges established  and  operated  AS  FULL
OPPORTUNITY  COMMUNITY COLLEGES pursuant to the provisions of this arti-
cle, either individually or jointly, by counties,  cities,  intermediate
school  districts,  school  districts  approved  by the state university
trustees, or individually by community college regions approved  by  the
state   university  trustees,  and  providing  two-year  post  secondary
programs pursuant to regulations  prescribed  by  the  state  university
trustees and receiving financial assistance from the state therefor.
  S  4.  Section  6301  of  the education law is amended by adding a new
subdivision 2-a to read as follows:
  2-A. "FULL OPPORTUNITY  COMMUNITY  COLLEGE."  ALL  COMMUNITY  COLLEGES
OPERATING  IN  THIS STATE THAT ARE MAINTAINED AS OPEN ACCESS CAMPUSES BY
ESTABLISHING A POLICY OF OFFERING ACCEPTANCE IN AN  APPROPRIATE  PROGRAM
OF  THE  COLLEGE  TO ALL APPLICANTS RESIDING IN THE SPONSORSHIP AREA WHO
GRADUATED FROM HIGH SCHOOL OR WHO HAVE EARNED THE EQUIVALENT WITHIN  THE
PRIOR  YEAR  AND TO APPLICANTS WHO ARE HIGH SCHOOL GRADUATES OR WHO HAVE
EARNED THE EQUIVALENT AND WHO WERE RELEASED FROM ACTIVE  DUTY  WITH  THE
ARMED FORCES OF THE UNITED STATES WITHIN THE PRIOR YEAR.
  S  5.  Paragraph  a  of subdivision 1 of section 6302 of the education
law, as amended by chapter 552 of the laws of 1984, is amended  to  read
as follows:
  a.  Establish  a  FULL  OPPORTUNITY  community  college  AS DEFINED IN
SECTION SIXTY-THREE HUNDRED ONE OF THIS ARTICLE.
  S 6. Subdivision 3 of section 6302 of the education law, as amended by
chapter 552 of the laws of 1984, is amended to read as follows:
  3. In the city of New York, the board of education, with the  approval
of  the  state  university  trustees,  may act as a local sponsor in the
establishment and operation, as a  FULL OPPORTUNITY  community  college,
of  a  post secondary technical vocational training institution which is
partly supported by such board of education and partly supported  by  an
educational  foundation  for  an  industry  chartered  by  the  board of
regents. In addition to the community  college  programs  and  curricula
authorized  by  this  article,  the institution may offer such baccalau-
reate, masters degree programs and curricula in support of its  mission,
in  accordance  with  standards  and regulations prescribed by the state
university trustees, as may be authorized pursuant to the provisions  of
the  master plan. Notwithstanding any other provision of law, the insti-
tution shall be financed and administered in  the  manner  provided  for
community colleges.
  S  7.  Paragraph  a  of subdivision 1 of section 6304 of the education
law, as amended by chapter 552 of the laws of 1984, is amended  to  read
as follows:

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  a.  [State]  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY  OTHER GENERAL,
SPECIAL OR LOCAL LAW, RULE OR REGULATION TO THE CONTRARY,  STATE  finan-
cial  aid  shall  be  [one-third  of  the  amount of operating costs, as
approved by the state university trustees.  Operating  costs  shall  not
include  any  payment  of debt service or rentals or other payments by a
local sponsor to the dormitory authority pursuant to any lease, sublease
or other agreement entered into between the dormitory  authority  and  a
local sponsor. Such aid for a college shall, however, be] for two-fifths
of  operating  costs for any fiscal year of the college [during which it
is implementing]. OPERATING COSTS SHALL NOT INCLUDE ANY PAYMENT OF  DEBT
SERVICE OR RENTALS OR OTHER PAYMENTS BY A LOCAL SPONSOR TO THE DORMITORY
AUTHORITY  PURSUANT  TO  ANY  LEASE, SUBLEASE OR OTHER AGREEMENT ENTERED
INTO BETWEEN THE DORMITORY AUTHORITY AND A LOCAL SPONSOR. ALL  COMMUNITY
COLLEGES  SHALL  IMPLEMENT  a  program  of full opportunity AND SHALL BE
MAINTAINED AS OPEN ACCESS CAMPUSES TO ALL STUDENTS WITH  A  HIGH  SCHOOL
DIPLOMA  OR  ITS  EQUIVALENCY  provided  a  plan OF SUCH PROGRAM OF FULL
OPPORTUNITY has been approved by the  state  university  trustees.  Such
plan, which shall be submitted by the college only after approval by the
board of trustees and the local sponsor or sponsors, shall
  (i)  establish  a  policy  of  offering  acceptance  in an appropriate
program of the college to all applicants  residing  in  the  sponsorship
area  who  graduated  from high school OR WHO HAVE EARNED THE EQUIVALENT
within the prior year and to applicants who are high school graduates OR
WHO HAVE EARNED THE EQUIVALENT and who were released  from  active  duty
with the armed forces of the United States within the prior year;
  (ii) provide for full implementation of such policy by the fall semes-
ter  of  [nineteen  hundred seventy] TWO THOUSAND TEN or, if the college
demonstrates to the state university trustees that  full  implementation
by  such  time  would  not  be feasible and in the best interests of the
college, provide for a timetable to  achieve  such  full  implementation
within  five years which provides for substantial growth in registration
each year;
  (iii) make provision  for  and  contain  adequate  assurances  of  the
expenditure  of  funds by the sponsor or sponsors at a level pursuant to
state university regulations, at least that necessary to  implement  the
plan;
  (iv)  provide  for  adequate  programs of remediation, instruction and
[counselling] COUNSELING to meet the needs of all students to be  served
by  the  college.  The  trustees may require periodic reports or certif-
ications from colleges  which  have  submitted  plans  which  have  been
approved  and  may,  in  appropriate  cases, [revoke such approval] TAKE
NECESSARY ACTIONS TO ENSURE THAT A COLLEGE COMPLIES WITH THE  PROVISIONS
OF  THIS  PARAGRAPH  in case a college is in default of implementing its
plan.
  S 8. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.