Authorizes certain institutions to receive state aid for earned associate degrees even after being authorized to confer earned bachelor's degrees during the period from April 1, 2009 to May 1, 2009.

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S1146-2013 Actions

• Jan 9, 2013: REFERRED TO HIGHER EDUCATION

S1146-2013 Memo

BILL NUMBER:S1146

TITLE OF BILL:
An act
to amend the education law, in relation to eligibility for state aid for
certain independent institutions of higher learning

PURPOSE OR GENERAL IDEA OF BILL:
This bill provides that a former two-year institution may elect to
continue to receive associate level degree awards if it foregoes
receiving any awards for degrees conferred at the bachelor's level.

SUMMARY OF SPECIFIC PROVISIONS:
Amends the Education Law, Section 6401 to provide that an institution
which was formerly a two year institution and was granted authority
to confer bachelor degrees (if that authority was granted after the
first day of April 2009, but before the first day of May 2009) may
continue to receive awards for earned associate degrees. However if
the institution elects to receive awards for associate degrees it
will not be eligible for earned bachelor's degrees.

JUSTIFICATION:
Under current law, only two-year institutions may receive associate
awards for degrees conferred at that level. Once such an institution
has been authorized to confer the bachelor's degree, it may no longer
receive associate awards, no matter how small the number of
bachelor's degrees it confers. Maria College in Albany is currently
faced with this situation, having been recently granted authority to
confer four-year degrees yet only offering a bachelor's degree in one
program area.. This bill would allow the former two-year institution
to elect to continue to receive associate awards, provided it does
not accept any awards under Section 6401 for the bachelor's degrees
it confers. This would be consistent with the statutory history and
legislative rationale for Section 6401, which has prohibited
institutions which are authorized to award bachelor degrees from also
receiving associate degree awards, to avoid more than one award for
any given student being received up to the baccalaureate level.

PRIOR LEGISLATIVE HISTORY:
2011/2012 - A.9426/S.6599 Referred to Senate Committee on Finance
and Assembly Committee on Higher Education

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S1146-2013 Text

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

                                    1146

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. BRESLIN -- 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 eligibility for  state
    aid for certain independent institutions of higher learning

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


    Section 1. Subdivision 3 of section 6401  of  the  education  law,  as
  amended  by  chapter  136  of  the  laws  of 2012, is amended to read as
  follows:

    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, by not to exceed one thousand
  five hundred dollars the number of earned bachelor's degrees, by not  to
  exceed nine hundred fifty dollars the number of earned master's degrees,
  and by not to exceed four thousand five hundred fifty dollars the number
  of  earned  doctorate  degrees, 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 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  subdivision,  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01902-01-3

 S. 1146                             2

  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 bachelor's degree. Thereafter, notwithstanding any
  other provision of law to the contrary, an institution which was former-
  ly 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, (C) SUCH AUTHORITY  HAVING  BEEN  GRANTED  AFTER  THE
  FIRST  DAY OF APRIL, TWO THOUSAND NINE, BUT BEFORE THE FIRST DAY OF MAY,
  TWO THOUSAND NINE, or [(c)] (D) such authority having been granted after
  the first day of December, two thousand nine, but before the  first  day
  of  January,  two  thousand ten, 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.
    S 2. This act shall take effect immediately.