Relates to state reimbursement to counties for amounts paid on behalf of non-resident students in attendance at the fashion institute of technology.
TITLE OF BILL: An act to amend the education law, in relation to state reimbursement to counties for amounts paid on behalf of non-resident students in attendance at the fashion institute of technology
PURPOSE: The purpose of this bill is to alleviate the financial burden on New York State counties from having to pay charge back fees to FIT for upper division programs.
SUMMARY OF PROVISIONS:
Section 1. Provides that subject to the availability of appropriation, that state shall pay the charge back fees for baccalaureate and masters degree programs to FIT. On or before March 31, 2012, the state shall pay 50% of the costs and on or before June 1. 2013, the state shall make the remaining 50% payment to FIT. This section further provides that on or after June 1, 2014 and thereafter, the state shall pay 100% of such costs.
In the event that the state does not pay, the counties that issue the certificate of residences shall make such payments.
Removes the authority for the counties to charge the cities and towns charge back fees for resident students who attend community colleges that are not in such resident student's home county.
Section 2. Sets for the effective date.
JUSTIFICATION: The Fashion Institute of Technology is a uniquely situated community college. FIT relies on funding from three sources, local sponsor's share, state support and student tuition, much like any other community college. However, FIT grants baccalaureate and masters degrees which makes them unique. In a recent court case, FIT's designation as a community college was upheld, however, the court found that counties should only required to provide charge back fees for their two year programs. Charge back fees are collected as part of an off-set to the local sponsor's share and are paid by counties whose residents choose to attend an out of county community college.
In these trying economic times, counties are finding it difficult, if not impossible, to pay the upper level charge back fees. This fact, coupled with the court's decision, makes this bill necessary to alleviate some of the counties' burden but to still fund FIT at appropriate and fair levels.
FIT provides a very specialized education in a variety of sought after programs. The Institute has impressive graduation and successful job placement rates and should be financially supported.
Therefore, this bill would achieve the goal of fully funding FIT by having the state pick up the charge back sots for the upper division degrees while easing the counties' financial hardships.
It is important to note, that this bill does not provide an unfair advantage to FIT over other community colleges because it keeps in
place the counties obligation to pay the lower level charge back fees which are paid to all other community colleges for two year degrees.
LEGISLATIVE HISTORY: 2012 S.7152.
FISCAL IMPLICATIONS: Pursuant to appropriation, approximately $10.8M in 2013-14.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1561--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. LAVALLE, FLANAGAN, KENNEDY, LANZA, ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to state reimbursement to counties for amounts paid on behalf of non-resident students in attendance at the fashion institute of technology THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 10 of section 6305 of the education law, as added by chapter 170 of the laws of 1994, is amended to read as follows: 10. On or before March thirty-first, nineteen hundred ninety-five and every year thereafter, the state shall reimburse each county which has issued a certificate of residence for any non-resident student in attendance at the fashion institute of technology during the nineteen hundred ninety-three--ninety-four academic year and every year thereaft- er in an amount equal to fifty percent of the actual amount paid by such county on behalf of such students and on or before June first, nineteen hundred ninety-five and every year thereafter, the state shall reimburse each county for the remaining fifty percent of the actual amount paid by each such county on behalf of such students. NOTWITHSTANDING SUBDIVI- SION FIVE OF THIS SECTION, AND SUBJECT TO THE AVAILABILITY OF STATE APPROPRIATIONS FOR STATE FISCAL YEARS TWO THOUSAND FOURTEEN--TWO THOU- SAND FIFTEEN AND THEREAFTER, GENERAL COUNTY CHARGES PAYABLE TO THE FASH- ION INSTITUTE OF TECHNOLOGY FOR NON-RESIDENT STUDENTS ENROLLED IN UPPER DIVISION CLASSES SHALL NOT BE CHARGED BACK TO ANY CITY, TOWN OR VILLAGE WITHIN THE COUNTY. PROVIDED FURTHER HOWEVER, THAT FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR ONLY, A COUNTY MAY CHARGE BACK CITIES, VILLAGES AND TOWNS WITHIN THE COUNTY UP TO FIFTY PERCENT OF THE ACADEMIC YEAR COSTS ATTRIBUTABLE TO NON-RESIDENT ENROLL- MENT IN UPPER DIVISION CLASSES. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02672-02-3