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
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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.