N.Y. Education Law § 6206: Powers and duties

§ 6206. Powers and duties. 1. The board of trustees shall have the

duties and powers of trustees of colleges as set forth in this chapter,

unless otherwise specifically provided in this chapter.

2. On or before February first, nineteen hundred eighty or six months

after their assuming their functions, whichever occurs later, the board

of trustees shall transmit to the governor, to the mayor, to the

temporary president of the senate and to the speaker of the assembly a

status report concerning the functioning, the goals and the needs of the

city university. Included in the status report shall be such

recommendations as the board of trustees sees fit to make in regard to

the following topics.

a. Description of curricula and plans for maintenance of and

adjustments to curricula;

b. Description of the conditions, appropriateness and adequacy of

facilities and plans to remedy deficiencies;

c. Description of policies with respect to student admissions; and

d. Desired and potential student enrollments, including the

justification of the projections.

3. a. The board of trustees shall, once every four years, formulate a

long-range city university plan or general revision thereof and make

recommendations to the board of regents, for the organization,

development and coordination of the city university. The plan and

recommendations shall include but not be limited to the following:

(1) Plans for new curricula,

(2) Plans for new facilities,

(3) Plans for change in policies with respect to student admissions,

(4) Potential student enrollments,

(5) Comments upon its relationship to other colleges and universities,

public and private, within the state, and

(6) For informational purposes only, projection standards and overall

expenditure projections of capital and operating costs.

The plan shall be in such form as to provide a basis for the

development of the regents statewide plan for higher education as

defined in section two hundred thirty-seven of this chapter. Prior to

transmitting their long-range plan or general revisions thereof to the

board of regents, to the temporary president of the senate, and to the

speaker of the assembly, the board of trustees shall, after giving due

notice, conduct one or more hearings on such plan.

b. During the calendar year nineteen hundred eighty and each fourth

year thereafter the board of trustees shall transmit their proposed plan

or general revisions thereof to the board of regents, on or before the

first day of June in each such year. Such plan shall be reviewed by the

board of regents and shall be subject to approval by such board. As

approved by the board of regents and incorporated into the regents plan

or general revision thereof for the development of higher education in

the state and, upon approval thereafter by the governor, such plan shall

guide and determine the development, organization and coordination of

the city university.

c. By the first day of June in nineteen hundred eighty-two and each

fourth year thereafter, the board of trustees shall report in writing to

the board of regents, a copy of which report shall be furnished to the

temporary president of the senate, and the speaker of the assembly, the

mayor and the president of the city council for information and comment,

on the progress made in carrying out its responsibilities under such

plan and its general recommendations with respect to the city university

or its component colleges or other institutions in the city of New York

including recommendations as to modifications of such plan which the

board of trustees deems essential to meet the then current demands upon

public higher education in the city of New York. The board of trustees

may also at any other time propose modifications which it deems

essential or desirable with respect to such plan. The board of trustees

may, after giving due notice, conduct one or more hearings on such

modifications and shall transmit its recommendations therefor to the

board of regents, to the temporary president of the senate, the speaker

of the assembly, the mayor and the president of the city council for

information and comment. Such modifications shall be subject to approval

by the regents and thereafter by the governor in the same manner as such

plan or general revisions thereof.

4. When a proposed plan or general revision thereof contains a

proposal providing for the termination or merger of a senior college or

community college so that such college ceases to exist as a separate

educational institution that provision of a proposed plan or general

revision shall also be subject to the approval of the legislature.

5. The board of trustees shall select and acquire or cause to be

acquired all new sites hereafter to be designated for the purposes of

the city university and procure and pass upon all plans for buildings on

newly acquired sites, shall supervise their erection, shall organize

their faculties, shall approve and administer their courses leading to

academic, professional and technical certificates, diplomas and degrees,

shall appoint their officers of administration and instruction, shall

prepare all their budgets and shall generally control and administer all

public education in the colleges and institutions of which the city

university is composed in such city, except the teacher training courses

which are now conducted by the board of education of such city. The

board of trustees shall appoint the chancellor of the city university

who shall be the chief educational and administrative officer of the

city university and who shall serve at the pleasure of the board of

trustees.

6. The board of trustees shall control and keep up the buildings and

grounds occupied and used by institutions and units controlled by it;

allow and regulate the use, gratuitously or otherwise, of such property

for other than college or university purposes and prescribe the fees, if

any, that persons, associations or corporations allowed to use it may

charge; purchase materials, services, equipment and supplies. But the

board of trustees shall not sell, transfer or otherwise dispose of land

and buildings purchased by city funds used for the community colleges of

the city university. It may, however, accept and administer for college

or university purposes, gifts of land, bequests, trusts, devises, money

and buildings from private sources and erect buildings on college or

university land out of money not furnished by the city or the state; and

gifts of money, endowments, fees, interest and other income not derived

from public taxation or the public credit shall be administered by it

for collegiate or university purposes in connection with the units under

its control.

7. * (a) The board of trustees shall establish positions, departments,

divisions and faculties; appoint and in accordance with the provisions

of law fix salaries of instructional and non-instructional employees

therein; establish and conduct courses and curricula; prescribe

conditions of student admission, attendance and discharge; and shall

have the power to determine in its discretion whether tuition shall be

charged and to regulate tuition charges, and other instructional and

non-instructional fees and other fees and charges at the educational

units of the city university. The trustees shall review any proposed

community college tuition increase and the justification for such

increase. The justification provided by the community college for such

increase shall include a detailed analysis of ongoing operating costs,

capital, debt service expenditures, and all revenues. The trustees shall

not impose a differential tuition charge based upon need or income. All

students enrolled in programs leading to like degrees at the senior

colleges shall be charged a uniform rate of tuition, except for

differential tuition rates based on state residency. Notwithstanding any

other provision of this paragraph, the trustees may authorize the

setting of a separate category of tuition rate, that shall be greater

than the tuition rate for resident students and less than the tuition

rate for non-resident students, only for students enrolled in distance

learning courses who are not residents of the state; provided, however,

that:

(i) Commencing with the two thousand eleven--two thousand twelve

academic year and ending in the two thousand fifteen--two thousand

sixteen academic year, the city university of New York board of trustees

shall be empowered to increase the resident undergraduate rate of

tuition by not more than three hundred dollars over the resident

undergraduate rate of tuition adopted by the board of trustees in the

prior academic year, provided however that commencing with the two

thousand eleven--two thousand twelve academic year and ending with the

two thousand sixteen--two thousand seventeen academic year if the annual

resident undergraduate rate of tuition would exceed five thousand

dollars, then a tuition credit for each eligible student, as determined

and calculated by the New York state higher education services

corporation pursuant to section six hundred eighty-nine-a of this

chapter, shall be applied toward the tuition charged for each semester,

quarter or term of study. Tuition for each semester, quarter or term of

study shall not be due for any student eligible to receive such tuition

credit until the tuition credit is calculated and applied against the

tuition charged for the corresponding semester, quarter or term.

(ii) Commencing with the two thousand seventeen--two thousand eighteen

academic year and ending in the two thousand twenty--two thousand

twenty-one academic year the city university of New York board of

trustees shall be empowered to increase the resident undergraduate rate

of tuition by not more than two hundred dollars over the resident

undergraduate rate of tuition adopted by the board of trustees in the

prior academic year, provided however that if the annual resident

undergraduate rate of tuition would exceed five thousand dollars, then a

tuition credit for each eligible student, as determined and calculated

by the New York state higher education services corporation pursuant to

section six hundred eighty-nine-a of this title, shall be applied toward

the tuition charged for each semester, quarter or term of study. Tuition

for each semester, quarter or term of study shall not be due for any

student eligible to receive such tuition credit until the tuition credit

is calculated and applied against the tuition charged for the

corresponding semester, quarter or term. Provided, further that the

revenue resulting from an increase in the rate of tuition shall be

allocated to each campus pursuant to a plan approved by the board of

trustees to support investments in new classroom faculty, instruction,

initiatives to improve student success and on-time completion and a

tuition credit for each eligible student.

(iii) On or before November thirtieth, two thousand seventeen, the

trustees shall approve and submit to the chairs of the assembly ways and

means committee and the senate finance committee and to the director of

the budget a master tuition plan setting forth the tuition rates that

the trustees propose for resident undergraduate students for the four

year period commencing with the two thousand seventeen--two thousand

eighteen academic year and ending in the two thousand twenty--two

thousand twenty-one academic year, and shall submit any proposed

amendments to such plan by November thirtieth of each subsequent year

thereafter through November thirtieth, two thousand twenty.

(iv) Beginning in state fiscal year two thousand twelve--two thousand

thirteen and ending in state fiscal year two thousand fifteen--two

thousand sixteen, the state shall appropriate and make available state

support for operating expenses, including fringe benefits, for the city

university in an amount not less than the amount appropriated and made

available in the prior state fiscal year; provided, however, that if the

governor declares a fiscal emergency, and communicates such emergency to

the temporary president of the senate and speaker of the assembly, state

support for operating expenses of the state university and city

university may be reduced in a manner proportionate to one another, and

the aforementioned provisions shall not apply.

(v) Beginning in state fiscal year two thousand seventeen--two

thousand eighteen and ending in state fiscal year two thousand

twenty--two thousand twenty-one, the state shall appropriate and make

available general fund operating support, including fringe benefits, for

the city university in an amount not less than the amount appropriated

and made available in the prior state fiscal year; provided, however,

that if the governor declares a fiscal emergency, and communicates such

emergency to the temporary president of the senate and speaker of the

assembly, state support for operating expenses at the state university

and city university may be reduced in a manner proportionate to one

another, and the aforementioned provisions shall not apply; provided

further, the state shall appropriate and make available general fund

support to fully fund the tuition credit pursuant to subdivision two of

section six hundred sixty-nine-h of this chapter.

(vi) Notwithstanding any law, rule, regulation or practice to the

contrary, commencing with the two thousand twenty-three--two thousand

twenty-four academic year and ending in the two thousand

twenty-eight--two thousand twenty-nine academic year, following the

review and approval of the chancellor of the city university or such

chancellor's designee, the city university of New York board of trustees

shall be empowered to annually impose differential tuition rates on

non-resident undergraduate and graduate rates of tuition for senior

colleges, provided that such rates are competitive with the rates of

tuition charged by peer institutions and that the board of trustees

annually provide the reason and methodology behind any rate increase to

the governor, the temporary president of the senate, and the speaker of

the assembly prior to the approval of such increases.

* NB Effective until July 1, 2027

* (a) (i) The board of trustees shall establish positions,

departments, divisions and faculties; appoint and in accordance with the

provisions of law fix salaries of instructional and non-instructional

employees therein; establish and conduct courses and curricula;

prescribe conditions of student admission, attendance and discharge; and

shall have the power to determine in its discretion whether tuition

shall be charged and to regulate tuition charges, and other

instructional and non-instructional fees and other fees and charges at

the educational units of the city university. The trustees shall review

any proposed community college tuition increase and the justification

for such increase. The justification provided by the community college

for such increase shall include a detailed analysis of ongoing operating

costs, capital, debt service expenditures, and all revenues. The

trustees shall not impose a differential tuition charge based upon need

or income. All students enrolled in programs leading to like degrees at

the senior colleges shall be charged a uniform rate of tuition, except

for differential tuition rates based on state residency. Notwithstanding

any other provision of this paragraph, the trustees may authorize the

setting of a separate category of tuition rate, that shall be greater

than the tuition rate for resident students and less than the tuition

rate for non-resident students, only for students enrolled in distance

learning courses who are not residents of the state. The trustees shall

further provide that the payment of tuition and fees by any student who

is not a resident of New York state, other than a non-immigrant

noncitizen within the meaning of paragraph (15) of subsection (a) of

section 1101 of title 8 of the United States Code, shall be paid at a

rate or charge no greater than that imposed for students who are

residents of the state if such student:

(1) attended an approved New York high school for two or more years,

graduated from an approved New York high school and applied for

attendance at an institution or educational unit of the city university

within five years of receiving a New York state high school diploma; or

(2) attended an approved New York state program for general

equivalency diploma exam preparation, received a general equivalency

diploma issued within New York state and applied for attendance at an

institution or educational unit of the city university within five years

of receiving a general equivalency diploma issued within New York state;

or

(3) was enrolled in an institution or educational unit of the city

university in the fall semester or quarter of the two thousand one--two

thousand two academic year and was authorized by such institution or

educational unit to pay tuition at the rate or charge imposed for

students who are residents of the state.

A student without lawful immigration status shall also be required to

file an affidavit with such institution or educational unit stating that

the student has filed an application to legalize his or her immigration

status, or will file such an application as soon as he or she is

eligible to do so. The trustees shall not adopt changes in tuition

charges prior to the enactment of the annual budget. The board of

trustees may accept as partial reimbursement for the education of

veterans of the armed forces of the United States who are otherwise

qualified such sums as may be authorized by federal legislation to be

paid for such education. The board of trustees may conduct on a fee

basis extension courses and courses for adult education appropriate to

the field of higher education. In all courses and courses of study it

may, in its discretion, require students to pay library, laboratory,

locker, breakage and other instructional and non-instructional fees and

meet the cost of books and consumable supplies. In addition to the

foregoing fees and charges, the board of trustees may impose and collect

fees and charges for student government and other student activities and

receive and expend them as agent or trustee.

(ii) Notwithstanding any law, rule, regulation or practice to the

contrary, commencing with the two thousand twenty-three--two thousand

twenty-four academic year and ending in the two thousand

twenty-eight--two thousand twenty-nine academic year, following the

review and approval of the chancellor of the city university or such

chancellor's designee, the city university of New York board of trustees

shall be empowered to annually impose differential tuition rates on

non-resident undergraduate and graduate rates of tuition for senior

colleges, provided that such rates are competitive with the rates of

tuition charged by peer institutions and that the board of trustees

annually provide the reason and methodology behind any rate increase to

the governor, the temporary president of the senate, and the speaker of

the assembly prior to the approval of such increases.

* NB Effective July 1, 2027

* (a-1) The trustees shall further provide that the payment of tuition

and fees by any student who is not a resident of New York state, other

than a non-immigrant noncitizen within the meaning of paragraph (15) of

subsection (a) of section 1101 of title 8 of the United States Code,

shall be paid at a rate or charge no greater than that imposed for

students who are residents of the state if such student:

(i) attended an approved New York high school for two or more years,

graduated from an approved New York high school and applied for

attendance at an institution or educational unit of the city university

within five years of receiving a New York state high school diploma; or

(ii) attended an approved New York state program for general

equivalency diploma exam preparation, received a general equivalency

diploma issued within New York state and applied for attendance at an

institution or educational unit of the city university within five years

of receiving a general equivalency diploma issued within New York state;

or

(iii) was enrolled in an institution or educational unit of the city

university in the fall semester or quarter of the two thousand one--two

thousand two academic year and was authorized by such institution or

educational unit to pay tuition at the rate or charge imposed for

students who are residents of the state.

A student without lawful immigration status shall also be required to

file an affidavit with such institution or educational unit stating that

the student has filed an application to legalize his or her immigration

status, or will file such an application as soon as he or she is

eligible to do so. Except as otherwise authorized in paragraph (a) of

this subdivision, the trustees shall not adopt changes in tuition

charges prior to the enactment of the annual budget. The board of

trustees may accept as partial reimbursement for the education of

veterans of the armed forces of the United States who are otherwise

qualified such sums as may be authorized by federal legislation to be

paid for such education. The board of trustees may conduct on a fee

basis extension courses and courses for adult education appropriate to

the field of higher education. In all courses and courses of study it

may, in its discretion, require students to pay library, laboratory,

locker, breakage and other instructional and non-instructional fees and

meet the cost of books and consumable supplies. In addition to the

foregoing fees and charges, the board of trustees may impose and collect

fees and charges for student government and other student activities and

receive and expend them as agent or trustee.

* NB Repealed July 1, 2027

(a-2) The trustees shall further provide that the payment of tuition

and fees by any student who is not a resident of New York state shall be

paid at a rate or charge no greater than that imposed for students who

are residents of the state if such student is enrolled in any college or

educational unit of the city university of New York and is attending

such college or educational unit in accordance with the federal GI bills

and in compliance with all applicable eligibility requirements thereof.

(a-3) The trustees shall further provide that the payment of tuition

and fees by any student who is not a resident of New York state shall be

paid at a rate or charge no greater than that imposed for students who

are residents of the state if such student is enrolled in any college or

educational unit of the city university of New York and is the spouse or

the dependent of a member of the armed forces of the United States on

full-time active duty and not stationed in this state immediately

following being stationed therein.

(b) Notwithstanding the provisions of any other general, special or

local law, rule or regulation, the board of trustees may permit persons

sixty years of age or over to audit courses given therein without

tuition, examination, grading or credit therefor upon a space available

basis, as determined by the president of each such institution, provided

that such audit attendance does not deny course attendance at the city

university of New York by an individual who is otherwise qualified under

this section.

* (c) Notwithstanding the provisions of any other general, special or

local law, rule or regulation, the board of trustees shall promulgate

regulations to permit members of the New York city police department

employed in the rank of police officer, who are enrolled in programs

leading to baccalaureate or higher degrees at a senior college of the

city university to attend one course without tuition, provided that such

course is related to their employment as police officers and that such

tuition-waived attendance does not deny course attendance at a senior

college of the city university by an individual who is otherwise

qualified under this section.

* NB Repealed July 1, 2028

* (d) Notwithstanding the provisions of any other general, special or

local law, rule or regulation, the board of trustees shall promulgate

regulations to permit firefighters and fire officers employed by the New

York city fire department, who are enrolled in programs leading to

baccalaureate or higher degrees at a senior college of the city

university to attend one course without tuition, provided that such

course is related to their employment as firefighters and fire officers

and that such tuition-waived attendance does not deny course attendance

at a senior college of the city university by an individual who is

otherwise qualified under this section.

* NB Repealed July 1, 2028

* (e) The trustees shall further provide that any student who is not a

legal resident of New York state but is a United States citizen, a

permanent lawful resident, an individual who is granted U or T

non-immigrant status pursuant to the Victims of Trafficking and Violence

Protection Act of 2000, a person granted temporary protected status

pursuant to the Federal Immigration Act of 1990, an individual of a

class of refugees paroled by the attorney general of the United States

under his or her parole authority pertaining to the admission of

noncitizens to the United States, or an applicant without lawful

immigration status may have the payment of tuition and other fees and

charges reduced by state-aided programs, scholarships or other financial

assistance awarded under the provisions of articles thirteen,

thirteen-A, fourteen and fourteen-A of this chapter, provided that the

student meets the requirements set forth in subparagraph (ii) of

paragraph a or subparagraph (ii) of paragraph b of subdivision five of

section six hundred sixty-one of this chapter, as applicable.

* NB There are 2 par (e)'s

* (e) Notwithstanding the provisions of any other general, special or

local law, rule or regulation, the board of trustees shall be authorized

to set a reduced rate of tuition and/or fees, or to waive tuition and/or

fees entirely, for students participating in any dual or concurrent

enrollment program with no reduction in other state, local, or other

support for such students earning college credit that such higher

education partner would otherwise be eligible to receive; provided that,

for purposes of this provision, a dual or concurrent enrollment program

shall mean one or more college courses taken by a high school student

through a community college or a senior college of the city university

while such student is still enrolled in high school and for which the

student may receive both high school and college credit.

* NB There are 2 par (e)'s

(f) In state fiscal year two thousand twenty-two--two thousand

twenty-three and thereafter, the state shall appropriate and make

available general fund operating support in the amount of the tuition

credit calculated pursuant to section six hundred eighty-nine-a of this

chapter annually.

(g) (i) For purposes of this paragraph, "Team USA athlete" means any

student athlete who meets the eligibility standards defined and approved

by the United States Olympic and Paralympic Committee and by the

national governing body for the sport in which the athlete competes.

(ii) Notwithstanding the provisions of any other general, special or

local law, rule or regulation and pursuant to an appropriation and

funding being made for such purpose, the trustees shall further provide

that the payment of tuition and fees by any student who is not a

resident of New York state shall be paid at a rate or charge no greater

than that imposed for students who are residents of this state if such

student is enrolled in an institution or educational unit of the city

university of New York, is a Team USA athlete, and is training in New

York State in an elite level program approved by the United States

Olympic and Paralympic Committee.

8. The board of trustees shall, on the recommendation of its faculty

or faculties, grant the certificates, diplomas and degrees which were

announced in the bulletins of the existing public institutions of higher

learning published for the term beginning immediately prior to April

sixteenth, nineteen hundred twenty-six, and also such other degrees and

honors as the regents thereafter specifically authorized or may

hereafter authorize it to grant.

9. When a center is first opened, the board of trustees shall submit

an initial estimate of the sum needed for its support, maintenance and

operation, based on an estimated original enrollment of students, for

the fiscal year or portion thereof immediately following. Such estimate

shall be acted upon as hereinbefore prescribed for current annual

budgets; and in the event that an initial appropriation be for a part of

the fiscal year only, then in making calculation for the succeeding

annual appropriation, the initial appropriation shall be taken as the

appropriate fractional base.

10. Money appropriated by the city to the board of trustees for

college or university purposes, shall be placed in the custody of the

comptroller of the city to the credit of such board of trustees and all

disbursements from such funds shall be made by the comptroller acting

for and in behalf of such board of trustees upon requisitions duly

audited and signed by the board of trustees or by a person or persons

appointed by such board of trustees, by resolution filed with the

comptroller, to act for it. The comptroller shall audit such account of

the board of trustees in the same manner as he audits the account of the

board of education of the city of New York. Any balance of any annual

appropriation made by the city to the board of trustees, which may be

unallocated for college or university purposes by the board of trustees

ninety days after the expiration of the calendar year for which the

appropriation was made, shall revert to the city treasury and be

credited to such uses as the city may direct.

11. The board of trustees may, in its discretion, compensate members

of the instructional staff and non-instructional staff for loss of

personal property. With respect to members of the instructional staff

and other employees who are not covered by the workers' compensation

law, the board of trustees may provide in its discretion for payment of

reasonable medical and hospital expenses arising from injuries incurred

in actual performance of duty on or after July first, nineteen hundred

sixty-five.

12. The board of trustees, under such by-laws as it deems appropriate,

shall provide for the eligibility for sabbatical leaves of absence to

members of its permanent instructional staff provided, however, that

when such leaves are for one half year, they shall be at full pay, and

when such leaves are for one year, they shall be at half pay.

13. The board of trustees shall provide standards for the granting of

advanced standing to veterans applying for college admissions at schools

in the city university who have successfully completed United States

Armed Forces Institute or other comparable course work.

13-a. The board of trustees shall provide standards for admission of

students who have completed an online high school program located within

the United States consistent with the provisions of subparagraph eleven

of paragraph h of subdivision two of section three hundred fifty-five of

this chapter.

14. Notwithstanding the provisions of section forty-four, fifty or

fifty-one of the state finance law or any other provision of law to the

contrary, the city university trustees are authorized and empowered to

increase or decrease appropriations by transfer or interchange as

follows:

a. Amounts appropriated for the programs or purposes or for any item

or items within such programs or purposes of any individual senior

college of the city university and city university central

administration within the schedules of such senior colleges or central

administration from a particular fund or funds in a fiscal year may be

interchanged between such programs or purposes of such senior college or

central administration of city university, or between items within the

same program or purpose, or with other items appropriated from such fund

not in the same program or purpose, but which are contained in the state

comptroller's classification of items as last promulgated pursuant to a

certificate of allocation. Such certificate shall be submitted by such

senior college or central administration to the board of trustees of the

city university. Such certificate shall be submitted by the board of

trustees to the state comptroller with copies to be sent to the chairs

of the senate finance committee and the assembly ways and means

committee and the director of the budget for informational purposes

only. The total amount appropriated for any program or purpose may be

decreased by not more than the aggregate of five percent of such

appropriation for a program or purpose with the approval of the senior

college or central administration or such amounts may be decreased by

more than the aggregate of five percent of such appropriation with the

approval of the city university trustees.

b. Amounts appropriated to senior colleges of the city university from

a particular fund or funds in a fiscal year for the programs or purposes

of such senior colleges of the city university may be transferred

between and among such senior colleges pursuant to a certificate of

allocation, submitted directly by the city university to the state

comptroller, with copies of such certificates to be sent to the chairmen

of the senate finance committee and the assembly ways and means

committee and the director of the budget for informational purposes

only. The total amount appropriated for any senior college may not be

decreased by more than the aggregate of three percent of an

appropriation for a senior college.

c. Amounts appropriated for programs or purposes, or for any item

within such programs or purposes, within the university-wide program

schedule of city university from a particular fund or funds in a fiscal

year shall not be decreased by means of transfer or interchange by more

than the aggregate of four percent of an appropriation for a program or

purpose within such schedule.

d. Amounts appropriated for the central administration of the city

university within the central administration schedule from a particular

fund or funds in a fiscal year for programs or purposes including, but

not limited to, administration of senior colleges and university-wide

programs of the city university shall not be increased by means of

transfer or interchange by more than five percent of the aggregate

appropriation within such schedule.

e. Notwithstanding the foregoing provisions of this subdivision,

whenever the director of the budget, pursuant to section forty-nine of

the state finance law, shall establish an aggregate amount less than

that contained in the local assistance appropriations act, the trustees

may transfer or interchange any or all of such lesser amount among any

of the programs or purposes or items without regard to the restrictions

provided in this subdivision.

f. The allocation of lump sum appropriations from a fund or funds made

to the city university for later distribution to senior colleges and/or

the central administration of the city university or the allocation of

lump sum appropriations made to all state departments and agencies for

later allocation for specific programs or purposes or senior colleges

and/or central administration of the city university shall not be deemed

to be part of any total increase or decrease authorized by this section.

15. a. The board of trustees shall adopt rules requiring that each

institution of the city university, on or before January first, two

thousand, adopt and implement a plan providing for the investigation of

any violent felony offense occurring at or on the grounds of each such

institution, and providing for the investigation of a report of any

missing student. Such plans shall provide for the coordination of the

investigation of such crimes and reports with local law enforcement

agencies. Such plans shall include, but not be limited to, written

agreements with appropriate local law enforcement agencies providing for

the prompt investigation of such crimes and reports and requirement that

the institution shall notify the appropriate law enforcement agency as

soon as practicable but in no case more than twenty-four hours after a

report of a violent felony or that a student who resides in housing

owned or operated by such institution is missing; provided that each

institution shall: (1) inform each victim of a sexual offense of their

options to notify proper law enforcement authorities, including

on-campus and local police; (2) inform the victim of a sexual offense of

the right to report or not to report such offense to local law

enforcement agencies; and (3) offer the option to be assisted by campus

authorities in notifying such authorities, if the victim of sexual

assault so chooses, all in compliance with applicable federal law,

including, but not limited to, the federal Campus Sexual Assault

Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f).

b. As used in this subdivision, the following terms shall have the

following meanings:

(i) "Local law enforcement agencies" means any agency or agencies

employing peace officers or police officers for the enforcement of the

laws of the state, and which has or have jurisdiction under provisions

of the criminal procedure law over offenses occurring at or on the

grounds of any institution subject to the provisions of this

subdivision.

(ii) "Missing student" means any student of an institution subject to

the provisions of this subdivision, who resides in a facility owned or

operated by such institution and who is reported to such institution as

missing from his or her residence.

(iii) "Violent felony offense" means a violent felony offense as

defined in subdivision one of section 70.02 of the penal law.

16. The board of trustees shall appoint for the city university campus

officers who shall have the powers of peace officers as set forth in the

criminal procedure law within the geographical area of the city of New

York. A campus officer designated as a peace officer must have

satisfactorily completed or complete, within one year of the date of

such designation, a course of law enforcement training prescribed by the

municipal police training council in consultation with the city

university board of trustees.

18. Notwithstanding any law, rule or regulation to the contrary, the

city university of New York board of trustees shall pass a resolution by

June first, two thousand fifteen, to develop a plan to make available to

students enrolled in an academic program of the city university of New

York beginning in the two thousand sixteen--two thousand seventeen

academic year, approved experiential or applied learning activities.

Such experiential or applied learning activities may include completion

of activities related to students' program of study, including, but not

limited to, service-learning activities completed as part of a course,

paid or unpaid internships, faculty-supervised undergraduate projects

and activities leading to publication of research in journals or similar

publications, production or performance of creative works, and iterative

"co-op" partnerships that explicitly link the curricula to a temporary,

paid position in industry or the public sector. Such plan, to be

completed by June first, two thousand sixteen, shall be developed in

consultation with university faculty senate, the university student

senate and other stakeholders. Such plan shall define approved

experiential or applied learning activities, methods of faculty

oversight and assessment, responsibilities of business, corporate,

non-profit or other entities hosting students, and include a requirement

for collecting and reporting data associated with such experiential or

applied learning activities. Such plan shall have each college examine

the feasibility of including such experiential or applied learning

activities as a degree requirement. Such college shall examine its

ability to administer and provide such opportunities to students; the

local community's capacity to support such experiential or applied

learning activities; the impact such requirement would have on the local

workforce, if any; potential for such a requirement to enhance learning

outcomes for students; and whether adding such a requirement would cause

potential delays in graduation for students.

19. The city university trustees shall annually report on how the

revenue generated has been invested in faculty, instruction, initiatives

to improve student success and on-time completion and student financial

assistance for the duration of the four year tuition plan. The trustees

shall submit the report by September first of each subsequent year.

20. The board of trustees shall adopt rules requiring that each

institution of the city university of New York adopt written policies

requiring that all public single-occupancy bathroom facilities be

designated as gender neutral for use by no more than one occupant at a

time or for family or assisted use. Such gender neutral bathroom

facilities shall be clearly designated by the posting of such on or near

the entry door of each facility. For purposes of this section,

"single-occupancy bathroom" shall have the same meaning as paragraph (d)

of subdivision one of section one hundred forty-five of the public

buildings law.

21. The board of trustees shall adopt a policy requiring that each

institution of the city university of New York collaborate with

students, faculty and staff to encourage campuses to eliminate the use

of certain plastic items generally recognized by the public as being

designed for single use. Such plastic items may include, but shall not

be limited to, tableware, straws, stirrers, cups and food service

containers. In establishing such a policy, the trustees shall consider

the following:

a. the availability of affordable alternatives;

b. the accessibility of alternatives to all students, faculty, and

staff;

c. an evaluation of the effectiveness of reusable alternatives; and

d. benchmarks for assessing progress.

22. Notwithstanding any law, rule or regulation to the contrary, the

board of trustees shall establish a policy authorizing senior colleges

and community colleges within the city university of New York to grant

posthumous degrees to enrolled matriculated students whose death occurs

prior to graduation. Such policy shall provide that, upon terms set in

the policy, any remaining credit requirements shall be waived for any

student who dies and who otherwise would have been eligible for

graduation had they been able to complete their academic career.

23. Notwithstanding any law, rule or regulation to the contrary, the

city university of New York board of trustees shall, by June first, two

thousand twenty-five, develop a plan to make available to students

enrolled in an academic program of the city university of New York

beginning in the two thousand twenty-five--two thousand twenty-six

academic year, approved experiential or applied learning activities, as

defined in subdivision eighteen of this section. Such plan shall be

developed in consultation with university faculty senate, the university

student senate and other stakeholders. Such plan shall define approved

experiential or applied learning activities, methods of faculty

oversight and assessment, responsibilities of business, corporate,

non-profit or other entities hosting students, and include a requirement

for collecting and reporting data associated with such experiential or

applied learning activities. Such plan shall have each college examine

the feasibility of including such experiential or applied learning

activities as a degree requirement. Such college shall examine its

ability to administer and provide such opportunities to students; the

local community's capacity to support such experiential or applied

learning activities; the impact such requirement would have on the local

workforce, if any; potential for such a requirement to enhance learning

outcomes for students; and whether adding such a requirement would cause

potential delays in graduation for students.

* 24. (a) The use of artificial intelligence systems, as defined by

section one hundred three-e of the state technology law, shall not

affect (i) the existing rights of employees pursuant to a collective

bargaining agreement; or (ii) the existing representational

relationships among employee organizations or the bargaining

relationships between the employer and an employee organization.

(b) The use of such artificial intelligence systems shall not result

in the: (i) discharge, displacement or loss of position, including

partial displacement such as a reduction in the hours of non-overtime

work, wages, or employment benefits, or result in the impairment of

existing collective bargaining agreements; or

(ii) transfer of duties and functions currently performed by employees

of the city university of New York to an artificial intelligence system.

(c) The use of an artificial intelligence system shall not alter the

rights or benefits, and privileges, including but not limited to terms

and conditions of employment, civil service status, and collective

bargaining unit membership status of all existing employees of the city

university of New York shall be preserved and protected.

* NB Repealed July 1, 2028