S T A T E   O F   N E W   Y O R K
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                                  10716

                          I N  A S S E M B L Y

                             April 16, 2010
                               ___________

Introduced by M. of A. GLICK, JEFFRIES, PEOPLES-STOKES, MILLMAN, SKARTA-
  DOS,  SCHROEDER,  BARRON  --  Multi-Sponsored  by -- M. of A. CALHOUN,
  CARROZZA, CASTRO, GIBSON, GOTTFRIED, LANCMAN, O'DONNELL,  SCARBOROUGH,
  SPANO -- read once and referred to the Committee on Higher Education

AN  ACT  to amend the education law, in relation to basing the state aid
  to certain institutions of higher learning on the number  of  resident
  students;  and  to  repeal  section 6403 of the education law relating
  thereto

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

  Section 1. The opening paragraph of paragraph (b) of subdivision 2 and
subdivision  3  of  section 6401 of the education law, the opening para-
graph of paragraph (b) of subdivision 2 as amended by chapter 717 of the
laws of 1981 and subdivision 3 as amended by chapter 507 of the laws  of
2008, are amended and a new subdivision 6 is added to read as follows:
  An  institution  of  higher  education located in this state, at least
one-half of the RESIDENT students of which  are  economically  disadvan-
taged,  and  the  course  credits  and degrees of which are offered by a
consortium of sponsoring colleges, each  of  which  sponsoring  colleges
satisfies the following requirements, shall qualify for state aid appor-
tionments pursuant to this section:
  3.  Degree  awards.  The  amount  of such annual apportionment to each
institution meeting the requirements of subdivision two of this  section
shall  be  computed  by multiplying by not to exceed six hundred dollars
the number of [earned] associate degrees EARNED BY RESIDENT STUDENTS, by
not to exceed one thousand five hundred dollars the number  of  [earned]
bachelor's  degrees  EARNED  BY RESIDENT STUDENTS, by not to exceed nine
hundred fifty dollars the number of [earned] master's degrees EARNED  BY
RESIDENT STUDENTS, and by not to exceed four thousand five hundred fifty
dollars  the  number  of  [earned]  doctorate degrees EARNED BY RESIDENT
STUDENTS, conferred by such institution during the  twelve-month  period
next  preceding  the annual period for which such apportionment is made,
provided that there shall be excluded  from  any  such  computation  the
number  of  degrees  earned  by  students with respect to whom state aid

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

                                                           LBD16572-01-0

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other than that  established  by  this  section  or  section  sixty-four
hundred  one-a  of  this article is granted directly to the institution,
and provided further that, except as otherwise provided in this subdivi-
sion,  the  amount  apportioned for an associate degree shall be awarded
only to two year institutions qualifying under subdivision two  of  this
section.  The  regents  shall  promulgate rules defining and classifying
professional degrees for the purposes of  this  section.    Institutions
qualifying  for state aid pursuant to the provisions of paragraph (b) of
subdivision two of this section shall, for purposes of this subdivision,
be deemed to be the institutions which confer degrees.  For purposes  of
this subdivision, a two-year institution which has received authority to
confer  bachelor  degrees  shall  continue  to  be considered a two-year
institution until such time as it has actually begun to confer the bach-
elor's degree. Thereafter, notwithstanding any other provision of law to
the contrary, an institution which was formerly a  two-year  institution
for  the purposes of this section and which was granted authority by the
regents to confer bachelor  degrees,  (a)  such  authority  having  been
granted  after the first day of June, nineteen hundred ninety-three, but
before the first day of July, nineteen hundred ninety-three, or (b) such
authority having been granted after the first day of May,  two  thousand
five,  but before the first day of June, two thousand five, may elect to
continue to receive awards for earned  associate  degrees.  Should  such
institution  so  elect, it shall not be eligible during the time of such
election to receive awards for earned bachelor's degrees.
  6. FOR THE PURPOSES OF THIS ARTICLE, THE TERM "RESIDENT STUDENT" SHALL
MEAN ANY STUDENT WHO QUALIFIES AS A RESIDENT  UNDER  THE  PROVISIONS  OF
PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS
CHAPTER.
  S  2. Paragraphs (a) and (b) of subdivision 3 of section 6401-a of the
education law, as added by section 1 of part E-4 of chapter  57  of  the
laws of 2007, are amended to read as follows:
  (a)  Two  hundred  fifty  dollars  per RESIDENT student enrolled in an
earned degree program in nursing at a two year degree granting  institu-
tion;
  (b)  Five  hundred  dollars per RESIDENT student enrolled in an earned
degree program in nursing at a four year degree granting institution.
  S 3. Paragraph (a) of subdivision 1 and subdivision 2 of section  6402
of the education law, paragraph (a) of subdivision 1 as amended by chap-
ter  439  of the laws of 1988 and subdivision 2 as amended by chapter 85
of the laws of 1984, are amended to read as follows:
  (a) Two thousand one hundred fifty dollars shall  be  apportioned  for
each full-time RESIDENT student enrolled.
  2.  The  commissioner  shall  apportion  each  year to each non-public
institution of higher education offering an approved program in  dentis-
try  the  sum of fifty-eight hundred dollars for each full-time RESIDENT
student enrolled, except that aid distributed under this  program  shall
not  exceed a sum based upon a total enrollment of eight hundred thirty-
five RESIDENT students at New York  University  and  two  hundred  forty
RESIDENT students at Columbia University.
  S 4. Section 6403 of the education law is REPEALED.
  S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or  part  thereof  directly  involved  in  the controversy in which such

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judgement shall have been rendered. It is  hereby  declared  to  be  the
intent  of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
  S 6. This act shall take effect immediately.