senate Bill S440A

2013-2014 Legislative Session

Establishes the office for diversity and educational equity within the state university of New York administration

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2014 print number 440a
amend and recommit to higher education
Jan 08, 2014 referred to higher education
Jan 09, 2013 referred to higher education

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S440 - Bill Details

Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd §352, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S59A
2009-2010: S3379

S440 - Bill Texts

view summary

Establishes the office for diversity and educational equity within the state university of New York administration.

view sponsor memo
BILL NUMBER:S440

TITLE OF BILL:
An act
to amend the education law, in relation to establishing the office for
diversity and educational equity

PURPOSE OR GENERAL IDEA OF BILL:
Establishes the office and vice chancellorship for diversity and
educational equity within the State University of New York
administration.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Short title: "Increasing Diversity in Higher Education Act
of 2013".

Section 2. Legislative intent

Section 3. Adds a new paragraph b to subdivision 1 of section 352 of
the Education Law to establish the Office for Diversity and
Educational Equity, designating a vice chancellor to report directly
to the chancellor, requiring that funding for the office is included
in SUNY's budget proposal to the Governor and the Division of the
Budget The vice chancellor shall annually submit a report to the
Governor and the Legislature outlining current diversity efforts as
they relate to faculty hiring and student enrollment throughout all
64 SUNY campuses. The information must include, but not be limited
to: minority enrollment for each campus, minority withdrawals and
dismissals per each campus, size of minority freshman class, size of
minority graduating classes in four, five, and six years per campus,
number of faculty positions filled by each campus, number of minority
faculty hired by each campus and their pay scale and title. The
report should also include graduate and doctorate degrees and total
enrollment numbers and graduation rates. All information must be
broken down by each campus, gender, and ethnicity.

Section 4. Effective Date

EXISTING LAW:
None.

JUSTIFICATION:
The State University of New York (SUNY) has not fully met the growing
demand placed on the university system to train the next generation
workforce of our state. Simultaneously, the university system is
faced with an unprecedented rate of minority and low income student
enrollment, high rates of student dropouts, larger number of students
completing college after six years or more, and a situation where
only 32 out of 100 white students and only 11 of every 100 Hispanic
and African-American students are graduating from college. The
economic impact on
our state and the nation of these dynamics are tremendously negative
and threaten the fabric of our civil society and national security.

Over the past decade, the State University of New York has experienced
a steady rise in the number of traditionally underrepresented


students. By the year 2015, U.S. Census and other data indicate that
the majority of New York high school graduates will be from groups
that have been historically underrepresented in SUNY. This
demographic shift and a need to train a competitive New York
workforce present public higher education policy makers with a
challenge. It is clear that New York must reduce educational
inequities faced by minority and low-income students from
historically marginalized groups while simultaneously maintaining the
highest of educational standards. This huge demographic change must
be addressed by policy makers as the State University of New York is
not prepared to increase the academic achievement and educational
attainment of historically marginalized groups.

Data compiled on college access and success show that New York is
doing better than most states for those 25 years of age and older but
not for younger, low-income and fastest growing populations.
According to 2009 data compiled by the Education Trust, New York's
four-year graduation rate for African-Americans is 22% and 17% for
Hispanics. The six-year graduation rate more than doubles, however,
most of these students will have compromised their academic
achievement and dramatically reduced their opportunities to pursue
post-secondary education based on their low grades.

The percentage of individuals from traditionally under-represented
groups who are attending SUNY is lower given their numbers in the
state population. Consequently, any initiatives designed to maximize
access to affordable, quality education should make special efforts
to recruit students from these underserved sectors of the state's
population. In its official publications SUNY recognizes its
responsibility to employ a workforce and educate a student body that
is representative of the state's population. However, SUNY has not
been able to recruit and retain senior administrators, faculty,
graduate and undergraduate students in sufficient numbers to overcome
the long-standing under-representation of minorities.

For example, the Hispanic population of New York grew by 33.1 percent
between 1990 and 2000, and made up 15.1 percent of the state's
population. By 2006 Hispanics made up 16.1 percent of the state's
population. Yet, Hispanics accounted for only five percent of the
student population in the state-operated/funded campuses of SUNY.
African Americans are also under-represented in SUNY, although their
percentages are better than those for Hispanics. In 2006 14,737
African Americans attended SUNY state-operated/funded campuses, and
accounted for seven percent of the student population.
African-Americans comprised 17.4 percent of the state's population in
2006. As is the case with Hispanics, Blacks are also seriously
under-represented in the SUNY campuses.

The figures on African-Americans and Hispanic student enrollments in
SUNY universities and colleges are consistent with the findings
published in an Education Trust study of public flagship universities
that documents disproportionate under-representation of low-income
and minority students. The report observes that flagship public
universities are failing to make progress "in better serving the vast
breadth of our citizenry." New York State should provide SUNY with the
resources to implement effective strategies and best practices, so


that it can stand as an exception to this discouraging national trend
in public higher education.

The problem is just as acute within African-American and Hispanic
representation in the faculty ranks of the state operated/funded
campus also fails to reflect the composition of the state's
population. In the doctoral institutions the percentages for full
time Black and Hispanic employees are 14.9 percent and 2.7 percent,
respectively. For the research university centers the figures are 6.8
percent African-American and 2.4 percent Latino. An analysis of
Hispanic faculty employment by a member of the New York State
Assembly recently revealed that SUNY lags substantially behind the
state's private universities and the City University of New York in
the number of Hispanics in its full time professorial ranks.

These figures demonstrate that in order for the State University of
New York to address the problems cited above, the university system
must engage in a system-wide effort to increase faculty and student
diversity and improve its student success rates. In order to begin
such work, SUNY must put in place a Vice Chancellor for the Office of
Diversity and Educational Equity (ODEE) who will report directly to
the SUNY Chancellor. Just as major public and private university
systems across the United States have hired and provided substantial
resources and authority to a chief diversity officer, SUNY must
follow the lead of these successful university and college programs
in order to remain competitive and fulfill its mission of training
New York's future workforce, while also improving the economic
outlook for all the communities it is entrusted to serve.

PRIOR LEGISLATIVE HISTORY:
2012: S.59-A-Amend and recommit to Higher Education/A.2335-A
- Enacting Clause Stricken
2011: S.59 - Reported and Committed to Finance/A.2335-
Referred to Higher Education
2009-10: S.3379 - Referred to Higher
Education/A.5189 - Referred to Higher Education

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

EFFECTIVE DATE:
Immediately.

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

                                   440

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education  law,  in  relation  to  establishing  the
  office for diversity and educational equity

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Increasing Diversity in Higher Education Act of 2013".
  S  2.  Legislative intent. The legislature hereby finds that the state
university of New York has not fully met the growing  demand  placed  on
the  university  system  to  train  the next generation workforce of our
state.  Simultaneously,  the  university  system  is   faced   with   an
unprecedented  rate  of minority and low-income student enrollment, high
rates of student dropouts, larger numbers of students completing college
after six years or more, and a situation where only 32 out of 100  white
students and only 11 of every 100 Hispanic and African-American students
are  graduating  from  college. The economic impact on our state and the
nation of these dynamics are  tremendously  negative  and  threaten  the
fabric of our civil society and national security.
  Over the past decade, the state university of New York has experienced
a  steady rise in the number of traditionally underrepresented students.
By the year 2015, figures from the United States census and  other  data
indicate  that  the  majority  of New York high school graduates will be
from groups that have been historically underrepresented in  SUNY.  This
demographic  shift  and a need to train a competitive New York workforce
present public higher education policy makers with a  challenge.  It  is
clear that New York must reduce educational inequities faced by minority
and  low-income  students  from  historically  marginalized groups while
simultaneously maintaining the highest of  educational  standards.  This
huge  demographic change must be addressed by policy makers as the state

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00315-01-3

S. 440                              2

university of New York is not prepared to increase the academic achieve-
ment and educational attainment of historically marginalized groups.
  Data  compiled  on  college  access  and success show that New York is
doing better than most states for those 25 years of age  and  older  but
not  for  younger, low-income and fastest growing populations. According
to 2009 data compiled by the Education Trust, New York's four-year grad-
uation rate for African-Americans is  22  percent  and  17  percent  for
Hispanics.    The  six-year  graduation rate more than doubles, however,
most of these students will have compromised their academic  achievement
and  dramatically  reduced  their opportunities to pursue post-secondary
education based on their low grades.
  The percentage  of  individuals  from  traditionally  underrepresented
groups  who are attending SUNY is lower given their numbers in the state
population. Consequently, any initiatives designed to maximize access to
affordable, quality education should make  special  efforts  to  recruit
students  from  these  underserved sectors of the state's population. In
its official publications SUNY recognizes its responsibility to employ a
workforce and educate a student  body  that  is  representative  of  the
state's  population.  However,  SUNY  has  not  been able to recruit and
retain  senior  administrators,  faculty,  graduate  and   undergraduate
students  in  sufficient numbers to overcome the long-standing under-re-
presentation of people of color.
  For example, the Hispanic population of New York grew by 33.1  percent
between  1990  and  2000,  and made up 15.1 percent of the state's popu-
lation. By 2006, Hispanics made up 16.1 percent  of  the  state's  popu-
lation.  Yet,  Hispanics  accounted for only five percent of the student
population in the state-operated/funded campuses of SUNY.  African-Amer-
icans are also underrepresented in SUNY, although their percentages  are
better  than  those  for  Hispanics.  In  2006, 14,737 African-Americans
attended SUNY state-operated/funded campuses, and  accounted  for  seven
percent  of  the  student  population.  African-Americans comprised 17.4
percent of the state's population in 2006. As is the case  with  Hispan-
ics, Blacks are also seriously underrepresented in the SUNY campuses.
  The  figures  on African-Americans and Hispanic student enrollments in
SUNY  universities  and  colleges  are  consistent  with  the   findings
published  in  an  Education Trust study of public flagship universities
that documents disproportionate under-representation of  low-income  and
minority students. The report observes that flagship public universities
are  failing to make progress "in better serving the vast breadth of our
citizenry." New York state should provide SUNY  with  the  resources  to
implement  effective strategies and best practices, so that it can stand
as an exception to this discouraging national  trend  in  public  higher
education.
  The  problem  is  just  as  acute within African-American and Hispanic
representation in the faculty ranks of the state-operated/funded campus-
es which also fail to reflect the composition of the state's population.
In the doctoral institutions the percentages for  full  time  Black  and
Hispanic  employees  are 14.9 percent and 2.7 percent, respectively. For
the research university centers the figures are 6.8 percent  African-Am-
erican  and  2.4 percent Latino. An analysis of Hispanic faculty employ-
ment by a member of the New York state assembly recently  revealed  that
SUNY  lags substantially behind the state's private universities and the
city university of New York in the number of Hispanics in its full  time
professional ranks.
  It  is  the  finding  of  this legislature that in order for the state
university of New York to address the problems cited above, the  univer-

S. 440                              3

sity  system must engage in a system-wide effort to increase faculty and
student diversity and improve its student success  rates.  In  order  to
begin such work, SUNY must put in place a vice chancellor for the office
of  diversity  and  educational  equity  who will report directly to the
chancellor. Just as major public and private university  systems  across
the  United  States  have  hired  and provided substantial resources and
authority to a chief diversity officer, SUNY must  follow  the  lead  of
these  successful  university  and  college  programs in order to remain
competitive and fulfill its mission of training New York's future  work-
force, while also improving the economic outlook for all the communities
it is entrusted to serve.
  S  3.  The  opening  paragraph  of subdivision 1 of section 352 of the
education law is designated paragraph a and a new paragraph b  is  added
to read as follows:
  B.  (1) THERE IS HEREBY ESTABLISHED AN OFFICE FOR DIVERSITY AND EDUCA-
TIONAL EQUITY IN THE ADMINISTRATION OF THE STATE UNIVERSITY. SUCH OFFICE
SHALL BE ESTABLISHED BY THE STATE UNIVERSITY TRUSTEES AND  SHALL  ADVISE
THE TRUSTEES AND THE CHANCELLOR ON ISSUES RELATED TO INCREASING FACULTY,
STAFF  AND STUDENT DIVERSITY IN THE STATE UNIVERSITY SYSTEM AND ENSURING
EDUCATIONAL EQUITY IN THE STATE UNIVERSITY SYSTEM.    THE  HEAD  OF  THE
OFFICE  FOR  DIVERSITY AND EDUCATIONAL EQUITY SHALL BE A VICE CHANCELLOR
WHO SHALL REPORT DIRECTLY TO THE CHANCELLOR  OF  THE  STATE  UNIVERSITY.
FURTHERMORE, THERE SHALL BE INCLUDED IN THE STATE UNIVERSITY OF NEW YORK
BUDGET  PROPOSAL  TO  THE  GOVERNOR AND TO THE DIVISION OF THE BUDGET AN
APPROPRIATION FOR EACH STATE FISCAL YEAR TO FUND AND SUPPORT THE  OPERA-
TION OF THE OFFICE FOR DIVERSITY AND EDUCATIONAL EQUITY.
  (2)  THE  VICE  CHANCELLOR OF THE OFFICE FOR DIVERSITY AND EDUCATIONAL
EQUITY SHALL ANNUALLY, ON OR BEFORE JANUARY FIRST, SUBMIT  A  REPORT  TO
THE  GOVERNOR  AND  THE  LEGISLATURE  DETAILING  THE  CURRENT EFFORTS TO
INCREASE DIVERSITY AS THEY RELATE TO THE HIRING AND EMPLOYMENT OF FACUL-
TY AND STUDENT ENROLLMENT AT ALL CAMPUSES OF THE COLLEGES AND  UNIVERSI-
TIES OF THE STATE UNIVERSITY OF NEW YORK. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO:
  (I) MINORITY ENROLLMENT AT EACH CAMPUS;
  (II) MINORITY WITHDRAWALS AND DISMISSALS AT EACH CAMPUS;
  (III) THE SIZE OF THE MINORITY FRESHMAN CLASS AT EACH CAMPUS;
  (IV)  THE  NUMBERS  OF  MINORITIES WHO GRADUATE AFTER FOUR YEARS, FIVE
YEARS AND SIX YEARS AT EACH CAMPUS;
  (V) THE NUMBER OF FACULTY  POSITIONS  FILLED  BY  MINORITIES  AT  EACH
CAMPUS; AND
  (VI)  THE  NUMBER  OF MINORITY FACULTY HIRED BY EACH CAMPUS, AND THEIR
SALARY RATE AND TITLE.
  ALL INFORMATION SHALL BE FURTHER BROKEN DOWN  BY  CAMPUS,  GENDER  AND
ETHNICITY.
  S 4. This act shall take effect immediately.

Co-Sponsors

S440A (ACTIVE) - Bill Details

Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd §352, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S59A
2009-2010: S3379

S440A (ACTIVE) - Bill Texts

view summary

Establishes the office for diversity and educational equity within the state university of New York administration.

view sponsor memo
BILL NUMBER:S440A

TITLE OF BILL: An act to amend the education law, in relation to estab-
lishing the office for diversity and educational equity

PURPOSE OR GENERAL IDEA OF BILL: Establishes the office and vice chan-
cellorship for diversity and educational equity within the State Univer-
sity of New York administration.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Short title: "Increasing Diversity in Higher Education Act of
2014".

Section 2. Legislative intent

Section 3. Adds a new paragraph b to subdivision 1 of section 352 of the
Education Law to establish the Office for Diversity and Educational
Equity, designating a vice chancellor to report directly to the chancel-
lor, requiring that funding for the office is included in SUNY's budget
proposal to the Governor and the Division of the Budget. The vice chan-
cellor shall annually submit a report to the Governor and the Legisla-
ture outlining current diversity efforts as they relate to faculty
hiring and student enrollment throughout all 64 SUNY campuses. The
information must include, but not be limited to: minority enrollment for
each campus, minority withdrawals and dismissals per each campus, size
of minority freshman class, size of minority graduating classes in four,
five, and six years per campus, number of faculty positions filled by
each campus, number of minority faculty hired by each campus and their
pay scale and title. The report should also include graduate and doctor-
ate degrees and total enrollment numbers and graduation rates. All
information must be broken down by each campus, gender, and ethnicity.

Section 4 Effective Date

EXISTING LAW: None

JUSTIFICATION: The State University of New York (SUNY) has not fully
met the growing demand placed on the university system to train the next
generation workforce of our state. Simultaneously, the university system
is faced with an unprecedented rate of minority and low income student
enrollment, high rates of student dropouts, larger number of students
completing college after six years or more, and a situation where only
32 out of 100 white students and only 11 of every 100 Hispanic and Afri-
can-American students are graduating from college The economic impact on
our state and the nation of these dynamics are tremendously negative and
threaten the fabric of our civil society and national security.

Over the past decade, the State University of New York has experienced a
steady rise in the number of traditionally underrepresented students. By
the year 2015, U.S. Census and other data indicate that the majority of
New York high school graduates will be from groups that have been

historically underrepresented in SUNY. This demographic shift and a need
to train a competitive New York workforce present public higher educa-
tion policy makers with a challenge. It is clear that New York must
reduce educational inequities faced by minority and low-income students
from historically marginalized groups while simultaneously maintaining
the highest of educational standards. This huge demographic change must
be addressed by policy makers as the State University of New York is not
prepared to increase the academic achievement and educational attainment
of historically marginalized groups.

Data compiled on college access and success show that New York is doing
better than most states for those 25 years of age and older but not for
younger, low-income and fastest growing populations. According to 2009
data compiled by the Education Trust, New York's four-year graduation
rate for African-Americans is 22% and 17% for Hispanics. The six-year
graduation rate more than doubles, however, most of these students will
have compromised their academic achievement and dramatically reduced
their opportunities to pursue post-secondary education based on their
low grades.

The percentage of individuals from traditionally underrepresented groups
who are attending SUNY is lower given their numbers in the state popu-
lation. Consequently, any initiatives designed to maximize access to
affordable, quality education should make special efforts to recruit
students from these underserved sectors of the state's population. In
its official publications SUNY recognizes its responsibility to employ a
workforce and educate a student body that is representative of the
state's population. However, SUNY has not been able to recruit and
retain senior administrators, faculty, graduate and undergraduate
students in sufficient numbers to overcome the long-standing under-re-
presentation of minorities.

For example, the Hispanic population of New York grew by 33.1 percent
between 1990 and 2000, and made up 15.1 percent of the state's popu-
lation. By 2006 Hispanics made up 16.1 percent of the state's popu-
lation. Yet, Hispanics accounted for only fi /e percent of the student
population in the state-operated/funded campuses of SUNY African Ameri-
cans are also underrepresented in SUNY, although their percentages are
better than those for Hispanics. In 2006 14,737 African Americans
attended SUNY state-operated/funded campuses, and accounted for seven
percent of the student population. African-Americans comprised 174
percent of the state's population in 2006. As is the case with Hispan-
ics, Blacks are also seriously underrepresented in the SUNY campuses.

The figures on African-Americans and Hispanic student enrollments in
SUNY universities and colleges are consistent with the findings
published in an Education Trust study of public flagship universities
that documents disproportionate under-representation of low-income and
minority students. The report observes that flagship public universities
are failing to make progress "in better serving the vast breadth of our
citizenry." New York State should provide SUNY with the resources to
implement effective strategies and best practices, so that it can stand

as an exception to this discouraging national trend in public higher
education.

The problem is just as acute within African-American and Hispanic repre-
sentation in the faculty ranks of the state operated/funded campus also
fails to reflect the composition of the state's population. In the
doctoral institutions the percentages for full time Black and Hispanic
employees are 14.9 percent and 2.7 percent, respectively For the
research university centers the figures are 6.8 percent African-American
and 2.4 percent Latino. An analysis of Hispanic faculty employment by a
member of the New York State Assembly recently revealed that SUNY lags
substantially behind the state's private universities and the City
University of New York in the number of Hispanics in its full time
professorial ranks.

These figures demonstrate that in order for the State University of New
York to address the problems cited above, the university system must
engage in a system-wide effort to increase faculty and student diversity
and improve its student success rates. In order to begin such work, SUNY
must put in place a Vice Chancellor for the Office of Diversity and
Educational Equity (ODEE) who will report directly to the SUNY Chancel-
lor, Just as major public and private university systems across the
United States have hired and provided substantial resources and authori-
ty to a chief diversity officer, SUNY must follow the lead of these
successful university and college programs in order to remain compet-
itive and fulfill its mission of training New York's future workforce,
while also improving the economic outlook for all the communities it is
entrusted to serve.

PRIOR LEGISLATIVE HISTORY: 2013: S.440- Referred to Higher Education
2012: S.59-A-Amend and recommit to Higher Education/A.2335-A -Enacting
Clause Stricken 2011 S.59- Reported and Committed to Finance/A,2335-
Referred to Higher Education 2009-10: S.3379 - Referred to Higher
Education/A.5189 - Referred to Higher Education

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 440--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. DIAZ, PARKER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher  Education  --
  recommitted  to  the  Committee on Higher Education in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  education  law, in relation to establishing the
  office for diversity and educational equity

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "Increasing Diversity in Higher Education Act of 2014".
  S 2. Legislative intent. The legislature hereby finds that  the  state
university  of  New  York has not fully met the growing demand placed on
the university system to train the  next  generation  workforce  of  our
state.   Simultaneously,   the   university  system  is  faced  with  an
unprecedented rate of minority and low-income student  enrollment,  high
rates of student dropouts, larger numbers of students completing college
after  six years or more, and a situation where only 32 out of 100 white
students and only 11 of every 100 Hispanic and African-American students
are graduating from college. The economic impact on our  state  and  the
nation  of  these  dynamics  are  tremendously negative and threaten the
fabric of our civil society and national security.
  Over the past decade, the state university of New York has experienced
a steady rise in the number of traditionally underrepresented  students.
By  the  year 2015, figures from the United States census and other data
indicate that the majority of New York high  school  graduates  will  be
from  groups  that have been historically underrepresented in SUNY. This
demographic shift and a need to train a competitive New  York  workforce
present  public  higher  education policy makers with a challenge. It is
clear that New York must reduce educational inequities faced by minority

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00315-03-4

S. 440--A                           2

and low-income students  from  historically  marginalized  groups  while
simultaneously  maintaining  the  highest of educational standards. This
huge demographic change must be addressed by policy makers as the  state
university of New York is not prepared to increase the academic achieve-
ment and educational attainment of historically marginalized groups.
  Data  compiled  on  college  access  and success show that New York is
doing better than most states for those 25 years of age  and  older  but
not  for  younger, low-income and fastest growing populations. According
to 2009 data compiled by the Education Trust, New York's four-year grad-
uation rate for African-Americans is  22  percent  and  17  percent  for
Hispanics.    The  six-year  graduation rate more than doubles, however,
most of these students will have compromised their academic  achievement
and  dramatically  reduced  their opportunities to pursue post-secondary
education based on their low grades.
  The percentage  of  individuals  from  traditionally  underrepresented
groups  who are attending SUNY is lower given their numbers in the state
population. Consequently, any initiatives designed to maximize access to
affordable, quality education should make  special  efforts  to  recruit
students  from  these  underserved sectors of the state's population. In
its official publications SUNY recognizes its responsibility to employ a
workforce and educate a student  body  that  is  representative  of  the
state's  population.  However,  SUNY  has  not  been able to recruit and
retain  senior  administrators,  faculty,  graduate  and   undergraduate
students  in  sufficient numbers to overcome the long-standing under-re-
presentation of people of color.
  For example, the Hispanic population of New York grew by 33.1  percent
between  1990  and  2000,  and made up 15.1 percent of the state's popu-
lation. By 2006, Hispanics made up 16.1 percent  of  the  state's  popu-
lation.  Yet,  Hispanics  accounted for only five percent of the student
population in the state-operated/funded campuses of SUNY.  African-Amer-
icans are also underrepresented in SUNY, although their percentages  are
better  than  those  for  Hispanics.  In  2006, 14,737 African-Americans
attended SUNY state-operated/funded campuses, and  accounted  for  seven
percent  of  the  student  population.  African-Americans comprised 17.4
percent of the state's population in 2006. As is the case  with  Hispan-
ics, Blacks are also seriously underrepresented in the SUNY campuses.
  The  figures  on African-Americans and Hispanic student enrollments in
SUNY  universities  and  colleges  are  consistent  with  the   findings
published  in  an  Education Trust study of public flagship universities
that documents disproportionate under-representation of  low-income  and
minority students. The report observes that flagship public universities
are  failing to make progress "in better serving the vast breadth of our
citizenry." New York state should provide SUNY  with  the  resources  to
implement  effective strategies and best practices, so that it can stand
as an exception to this discouraging national  trend  in  public  higher
education.
  The  problem  is  just  as  acute within African-American and Hispanic
representation in the faculty ranks of the state-operated/funded campus-
es which also fail to reflect the composition of the state's population.
In the doctoral institutions the percentages for  full  time  Black  and
Hispanic  employees  are 14.9 percent and 2.7 percent, respectively. For
the research university centers the figures are 6.8 percent  African-Am-
erican  and  2.4 percent Latino. An analysis of Hispanic faculty employ-
ment by a member of the New York state assembly recently  revealed  that
SUNY  lags substantially behind the state's private universities and the

S. 440--A                           3

city university of New York in the number of Hispanics in its full  time
professional ranks.
  It  is  the  finding  of  this legislature that in order for the state
university of New York to address the problems cited above, the  univer-
sity  system must engage in a system-wide effort to increase faculty and
student diversity and improve its student success  rates.  In  order  to
begin such work, SUNY must put in place a vice chancellor for the office
of  diversity  and  educational  equity  who will report directly to the
chancellor. Just as major public and private university  systems  across
the  United  States  have  hired  and provided substantial resources and
authority to a chief diversity officer, SUNY must  follow  the  lead  of
these  successful  university  and  college  programs in order to remain
competitive and fulfill its mission of training New York's future  work-
force, while also improving the economic outlook for all the communities
it is entrusted to serve.
  S  3.  The  opening  paragraph  of subdivision 1 of section 352 of the
education law is designated paragraph a and a new paragraph b  is  added
to read as follows:
  B.  (1) THERE IS HEREBY ESTABLISHED AN OFFICE FOR DIVERSITY AND EDUCA-
TIONAL EQUITY IN THE ADMINISTRATION OF THE STATE UNIVERSITY. SUCH OFFICE
SHALL BE ESTABLISHED BY THE STATE UNIVERSITY TRUSTEES AND  SHALL  ADVISE
THE TRUSTEES AND THE CHANCELLOR ON ISSUES RELATED TO INCREASING FACULTY,
STAFF  AND STUDENT DIVERSITY IN THE STATE UNIVERSITY SYSTEM AND ENSURING
EDUCATIONAL EQUITY IN THE STATE UNIVERSITY SYSTEM.    THE  HEAD  OF  THE
OFFICE  FOR  DIVERSITY AND EDUCATIONAL EQUITY SHALL BE A VICE CHANCELLOR
WHO SHALL REPORT DIRECTLY TO THE CHANCELLOR  OF  THE  STATE  UNIVERSITY.
FURTHERMORE, THERE SHALL BE INCLUDED IN THE STATE UNIVERSITY OF NEW YORK
BUDGET  PROPOSAL  TO  THE  GOVERNOR AND TO THE DIVISION OF THE BUDGET AN
APPROPRIATION FOR EACH STATE FISCAL YEAR TO FUND AND SUPPORT THE  OPERA-
TION OF THE OFFICE FOR DIVERSITY AND EDUCATIONAL EQUITY.
  (2)  THE  VICE  CHANCELLOR OF THE OFFICE FOR DIVERSITY AND EDUCATIONAL
EQUITY SHALL ANNUALLY, ON OR BEFORE JANUARY FIRST, SUBMIT  A  REPORT  TO
THE  GOVERNOR  AND  THE  LEGISLATURE  DETAILING  THE  CURRENT EFFORTS TO
INCREASE DIVERSITY AS THEY RELATE TO THE HIRING AND EMPLOYMENT OF FACUL-
TY AND STUDENT ENROLLMENT AT ALL CAMPUSES OF THE COLLEGES AND  UNIVERSI-
TIES OF THE STATE UNIVERSITY OF NEW YORK. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO:
  (I) MINORITY ENROLLMENT AT EACH CAMPUS;
  (II) MINORITY WITHDRAWALS AND DISMISSALS AT EACH CAMPUS;
  (III) THE SIZE OF THE MINORITY FRESHMAN CLASS AT EACH CAMPUS;
  (IV)  THE  NUMBERS  OF  MINORITIES WHO GRADUATE AFTER FOUR YEARS, FIVE
YEARS AND SIX YEARS AT EACH CAMPUS;
  (V) THE NUMBER OF FACULTY  POSITIONS  FILLED  BY  MINORITIES  AT  EACH
CAMPUS; AND
  (VI)  THE  NUMBER  OF MINORITY FACULTY HIRED BY EACH CAMPUS, AND THEIR
SALARY RATE AND TITLE.
  ALL INFORMATION SHALL BE FURTHER BROKEN DOWN  BY  CAMPUS,  GENDER  AND
ETHNICITY.
  S 4. This act shall take effect immediately.

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