N.Y. Education Law § 6401: State aid for certain independent institutions of higher learning

§ 6401. State aid for certain independent institutions of higher

learning. 1. Notwithstanding the provisions of any general, special or

local law to the contrary, the commissioner is hereby authorized to

apportion for each annual period commencing July first nineteen hundred

seventy-six and to pay to any independent institution of higher

education within the state which meets the requirements of subdivision

two of this section, upon application by such institution, such amounts

of state aid as are authorized to be paid by subdivision three of this

section.

2. (a) Notwithstanding the provisions of any other law, in order to

qualify for state aid apportionments pursuant to this section, any

institution of higher education must meet either the requirements set

forth in subparagraphs (i) through (vi) of this paragraph or, in the

alternative, the requirements set forth in paragraph (b) of this

subdivision:

(i) The institution must be a non-profit college or university

incorporated by the regents or by the legislature, or a school of

medicine, dentistry or osteopathy authorized by the regents to confer

the degree of doctor of medicine, doctor of medical science, doctor of

dental surgery or doctor of osteopathy.

(ii) The institution must maintain one or more earned degree programs,

culminating in an associate or higher degree.

(iii) The institution must meet such standards of educational quality

applicable to comparable public institutions of higher education, as may

be from time to time established by the regents.

(iv) The institution must be eligible for state aid under the

provisions of the constitution of the United States and the constitution

of the state of New York.

(v) The institution must submit a financial statement which shall

include total assets and liabilities, in such form as may be approved by

the commissioner.

(vi) The institution must have total endowment assets of less than

seven hundred fifty million dollars ($750,000,000), based on the most

recent academic year data collected in the Integrated Postsecondary

Education Data System, as required under Title IV of the Higher

Education Act of 1965, as amended, and reported by the Department of

Education's National Center for Education Statistics.

(b) An institution of higher education located in this state, at least

one-half of the students of which are economically disadvantaged, and

the course credits and degrees of which are offered by a consortium of

sponsoring colleges, each of which sponsoring colleges satisfies the

following requirements, shall qualify for state aid apportionments

pursuant to this section:

(i) The sponsoring college must be non-profit college or university

incorporated by the regents or by the legislature.

(ii) The sponsoring college must maintain one or more earned degree

programs, culminating in an associate or higher degree.

(iii) The sponsoring college must meet such standards of educational

quality applicable to comparable public institutions of higher

education, as may be from time to time established by the regents.

(iv) The sponsoring college must be eligible for state aid under the

provisions of the constitution of the United States and the constitution

of the state of New York.

(v) The sponsoring college must submit a financial statement which

shall include total assets and liabilities, in such form as may be

approved by the commissioner.

(vi) The sponsoring college must have total endowment assets of less

than seven hundred fifty million dollars ($750,000,000), based on the

most recent academic year data collected in the Integrated Postsecondary

Education Data System, as required under Title IV of the Higher

Education Act of 1965, as amended, and reported by the Department of

Education's National Center for Education Statistics.

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.

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

formerly 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, (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 (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. Notwithstanding the preceding provisions of

this subdivision, in the event that the total amount of such annual

apportionments to all institutions meeting the requirements of

subdivision two of this section would otherwise exceed the total amount

appropriated for unrestricted aid to independent colleges and

universities, the annual apportionment to each such institution shall be

reduced proportionally.

4. Thirty-five percent of each such annual apportionment payable

pursuant to this section shall be paid on or before October fifteenth,

thirty-five percent shall be paid on or before February fifteenth, and

the remaining thirty percent shall be paid on or before May fifteenth.

5. The commissioner shall promulgate regulations requiring the

submission to him, by any institution intending to apply for state aid

apportionments pursuant to this section, of reports in such form, at

such times and containing such information as he shall by such

regulations require, concerning, but not limited to such matters as the

present and contemplated future programs, curricula and facilities of

the institution, and its financial affairs, its long range plans and its

progress in implementing such plans, and its administrative practices

and procedures. No institution shall be eligible to receive any

apportionment of state aid, or portion thereof, payable pursuant to this

section unless such institution shall have submitted all reports

required pursuant to such regulations, in form satisfactory to the

commissioner.