§ 6401 — State aid for certain independent institutions of higher learning

§ 6401. State aid for certain independent institutions of higher\nlearning. 1. Notwithstanding the provisions of any general, special or\nlocal law to the contrary, the commissioner is hereby authorized to\napportion for each annual period commencing July first nineteen hundred\nseventy-six and to pay to any independent institution of higher\neducation within the state which meets the requirements of subdivision\ntwo of this section, upon application by such institution, such amounts\nof state aid as are authorized to be paid by subdivision three of this\nsection.\n 2. (a) Notwithstanding the provisions of any other law, in order to\nqualify for state aid apportionments pursuant to this section, any\ninstitution of higher education must meet either the requirements set\nforth in subparagraphs (i) through (vi) of this paragraph or, in the\nalternative, the requirements set forth in paragraph (b) of this\nsubdivision:\n (i) The institution must be a non-profit college or university\nincorporated by the regents or by the legislature, or a school of\nmedicine, dentistry or osteopathy authorized by the regents to confer\nthe degree of doctor of medicine, doctor of medical science, doctor of\ndental surgery or doctor of osteopathy.\n (ii) The institution must maintain one or more earned degree programs,\nculminating in an associate or higher degree.\n (iii) The institution must meet such standards of educational quality\napplicable to comparable public institutions of higher education, as may\nbe from time to time established by the regents.\n (iv) The institution must be eligible for state aid under the\nprovisions of the constitution of the United States and the constitution\nof the state of New York.\n (v) The institution must submit a financial statement which shall\ninclude total assets and liabilities, in such form as may be approved by\nthe commissioner.\n (vi) The institution must have total endowment assets of less than\nseven hundred fifty million dollars ($750,000,000), based on the most\nrecent academic year data collected in the Integrated Postsecondary\nEducation Data System, as required under Title IV of the Higher\nEducation Act of 1965, as amended, and reported by the Department of\nEducation's National Center for Education Statistics.\n (b) An institution of higher education located in this state, at least\none-half of the students of which are economically disadvantaged, and\nthe course credits and degrees of which are offered by a consortium of\nsponsoring colleges, each of which sponsoring colleges satisfies the\nfollowing requirements, shall qualify for state aid apportionments\npursuant to this section:\n (i) The sponsoring college must be non-profit college or university\nincorporated by the regents or by the legislature.\n (ii) The sponsoring college must maintain one or more earned degree\nprograms, culminating in an associate or higher degree.\n (iii) The sponsoring college must meet such standards of educational\nquality applicable to comparable public institutions of higher\neducation, as may be from time to time established by the regents.\n (iv) The sponsoring college must be eligible for state aid under the\nprovisions of the constitution of the United States and the constitution\nof the state of New York.\n (v) The sponsoring college must submit a financial statement which\nshall include total assets and liabilities, in such form as may be\napproved by the commissioner.\n (vi) The sponsoring college must have total endowment assets of less\nthan seven hundred fifty million dollars ($750,000,000), based on the\nmost recent academic year data collected in the Integrated Postsecondary\nEducation Data System, as required under Title IV of the Higher\nEducation Act of 1965, as amended, and reported by the Department of\nEducation's National Center for Education Statistics.\n 3. Degree awards. The amount of such annual apportionment to each\ninstitution meeting the requirements of subdivision two of this section\nshall be computed by multiplying by not to exceed six hundred dollars\nthe number of earned associate degrees, by not to exceed one thousand\nfive hundred dollars the number of earned bachelor's degrees, by not to\nexceed nine hundred fifty dollars the number of earned master's degrees,\nand by not to exceed four thousand five hundred fifty dollars the number\nof earned doctorate degrees, conferred by such institution during the\ntwelve-month period next preceding the annual period for which such\napportionment is made, provided that there shall be excluded from any\nsuch computation the number of degrees earned by students with respect\nto whom state aid other than that established by this section or section\nsixty-four hundred one-a of this article is granted directly to the\ninstitution, and provided further that, except as otherwise provided in\nthis subdivision, the amount apportioned for an associate degree shall\nbe awarded only to two year institutions qualifying under subdivision\ntwo of this section. The regents shall promulgate rules defining and\nclassifying professional degrees for the purposes of this section.\nInstitutions qualifying for state aid pursuant to the provisions of\nparagraph (b) of subdivision two of this section shall, for purposes of\nthis subdivision, be deemed to be the institutions which confer degrees.\nFor purposes of this subdivision, a two-year institution which has\nreceived authority to confer bachelor degrees shall continue to be\nconsidered a two-year institution until such time as it has actually\nbegun to confer the bachelor's degree. Thereafter, notwithstanding any\nother provision of law to the contrary, an institution which was\nformerly a two-year institution for the purposes of this section and\nwhich was granted authority by the regents to confer bachelor degrees,\n(a) such authority having been granted after the first day of June,\nnineteen hundred ninety-three, but before the first day of July,\nnineteen hundred ninety-three, (b) such authority having been granted\nafter the first day of May, two thousand five, but before the first day\nof June, two thousand five, (c) such authority having been granted after\nthe first day of April, two thousand nine, but before the first day of\nMay, two thousand nine, or (d) such authority having been granted after\nthe first day of December, two thousand nine, but before the first day\nof January, two thousand ten, may elect to continue to receive awards\nfor earned associate degrees. Should such institution so elect, it shall\nnot be eligible during the time of such election to receive awards for\nearned bachelor's degrees. Notwithstanding the preceding provisions of\nthis subdivision, in the event that the total amount of such annual\napportionments to all institutions meeting the requirements of\nsubdivision two of this section would otherwise exceed the total amount\nappropriated for unrestricted aid to independent colleges and\nuniversities, the annual apportionment to each such institution shall be\nreduced proportionally.\n 4. Thirty-five percent of each such annual apportionment payable\npursuant to this section shall be paid on or before October fifteenth,\nthirty-five percent shall be paid on or before February fifteenth, and\nthe remaining thirty percent shall be paid on or before May fifteenth.\n 5. The commissioner shall promulgate regulations requiring the\nsubmission to him, by any institution intending to apply for state aid\napportionments pursuant to this section, of reports in such form, at\nsuch times and containing such information as he shall by such\nregulations require, concerning, but not limited to such matters as the\npresent and contemplated future programs, curricula and facilities of\nthe institution, and its financial affairs, its long range plans and its\nprogress in implementing such plans, and its administrative practices\nand procedures. No institution shall be eligible to receive any\napportionment of state aid, or portion thereof, payable pursuant to this\nsection unless such institution shall have submitted all reports\nrequired pursuant to such regulations, in form satisfactory to the\ncommissioner.\n