BILL NUMBER: S38

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act authorizing colleges and universities to offer additional
programs and degrees

 
PURPOSE:

This bill would remove the New York State Education Department from the
process of approving and accrediting higher education academic programs.

 
SUMMARY OF PROVISIONS:

Section 1- Notwithstanding the provisions of any general or special law
to the contrary, a college, as defined by section 2 of the Education
Law, may offer or institute an additional program or degree if that
college (1) has maintained a physical presence and operated continuously
in the State for the immediately preceding 10 years and

(2) is accredited without sanction by Middle States Commission on Higher
              

Education or the New York State Board of Regents. Any such college that
does not satisfy all of the provisions of this section shall comply with
the procedures and criteria established by the Board of Regents.

Section 2 - Establishes the effective date.

 
JUSTIFICATION:

The New York State Board of Regents (and by virtue of their authority,
the State Education Department SED), is the only state government agency
that is authorized by the US Department of Education to accredit
colleges and universities. Forty-nine other states rely on their feder-
ally recognized regional accrediting bodies, of which there are six
(e.g. Middle States Commission on Higher Education, New England Associ-
ation of Schools and Colleges, North Central Association of Colleges and
Schools, etc.), to evaluate higher education programs within their
borders. While the SED has maintained standards for college programs
that are consistent with (though not more stringent than) the federally
recognized regional accrediting bodies, they have been unable to make
their decisions on accreditation in a timely and efficient manner. This
has hindered the ability of our excellent colleges and universities in
New York to adapt to the changing needs of students and employers by
offering new and innovative academic programs. Students with degrees in
emerging fields are in high demand in the growing high tech industries
making up an ever-larger part of New York's economy.

The Presidents' Council of the W.N.Y. Consortium of Higher Education
hosted a meeting in Western New York to discuss their concerns regarding
the New York State Education Department's process for approving and
accrediting academic programs. All 21 public and private higher educa-
tion institutions in Western New York agreed that the current process
for approving and accrediting academic programs in New York State is
cumbersome and extremely challenging. Many times the wait time for .
approval is upwards of three years. This delay causes these fine academ-
ic institutions to miss opportunities to strengthen and respond to
changing academic-based local, regional and state needs. This delay in

accreditation is not just confined to those academic entities in Western
New York, but has been experienced by institutions across the state.

With required outside accrediting agencies, specifically the Middle
States Commission on Higher Education, readily available to perform this
function for New York State institutions, the accreditation process by
NYSED is duplicative and overly burdensome on our state's higher educa-
tion institutions, resulting in missed education opportunities and an
inability to effectively utilize our higher education institutions' full
potential for attracting economic development, promoting job creation
and retention, and encouraging individuals to remain in or relocate to
New York State.

 
LEGISLATIVE HISTORY:

2021-22: S.1696 Referred to Higher Education

2019-20: S.834 Referred to Higher Education

2017-18: S.4577b/A.6064b Referred to Higher Education

2015-16:  S.4673b/A.4353 Referred to Higher Education

2013-14: S.6866/A.9066 Referred to Higher Education

 
FISCAL. IMPLICATIONS:

Possible savings to the State. In addition, there is the potential for
tremendous economic benefit to the state since this legislation will
allow academic institutions to create educational programs more rapidly,
enabling the state to dexterously leverage higher education to fulfill
the needs of both students and New York State employers.

 
EFFECTIVE DATE:
This act shall take effect the first of January next succeeding the date
on which it shall have become a law.