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.
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.
STATE OF NEW YORK ________________________________________________________________________ 1146 2013-2014 Regular Sessions IN 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.