S T A T E   O F   N E W   Y O R K
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                                  4472

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced by M. of A. GLICK, PEOPLES-STOKES, MILLMAN -- Multi-Sponsored
  by  --  M. of A.  CALHOUN, CASTRO, GIBSON, GOTTFRIED, O'DONNELL, SCAR-
  BOROUGH -- 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05772-01-1
              

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provided  that  there  shall  be  excluded from any such computation the
number of degrees earned by students with  respect  to  whom  state  aid
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

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its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved  in  the  controversy  in  which  such
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.