•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A05843 Summary:

BILL NOA05843A
 
SAME ASSAME AS S04461-A
 
SPONSORReyes
 
COSPNSRRosenthal L, Epstein, Anderson, Gottfried, Davila, Burgos, Forrest, Gallagher, Weprin, Fernandez, Mitaynes, Taylor, Simon, Septimo, Sayegh, Barnwell, Montesano, Jackson, Barron, Niou, Gonzalez-Rojas, Cruz, Carroll, Dinowitz, Seawright, Bichotte Hermelyn, Lavine, Clark, Richardson, Kim, McDonough, Mamdani, Quart, Englebright, Solages, Fall, Benedetto, Tapia, Burdick, Joyner, Zinerman, Otis, Hevesi, Rivera J, Colton, Darling, Abbate, Reilly, Gibbs, Rajkumar, De Los Santos, Cook, Paulin, Perry
 
MLTSPNSR
 
Amd §§6221, 6206 & 6220, Ed L; amd §22-c, St Fin L
 
Enacts The New Deal for CUNY; increases the ratio of faculty and mental health counselors to full-time students; requires that certain amounts of tuition be replaced by federal, state, and city funds.
Go to top

A05843 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5843--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 26, 2021
                                       ___________
 
        Introduced  by  M.  of  A. REYES, L. ROSENTHAL, EPSTEIN, ANDERSON, GOTT-
          FRIED,  DAVILA,  BURGOS,  FORREST,   GALLAGHER,   WEPRIN,   FERNANDEZ,
          MITAYNES,  TAYLOR,  SIMON, SEPTIMO, SAYEGH, BARNWELL, MONTESANO, JACK-
          SON,  NIOU,  GONZALEZ-ROJAS,  CRUZ,  CARROLL,   DINOWITZ,   SEAWRIGHT,
          BICHOTTE HERMELYN,  LAVINE,  CLARK,  KIM,  McDONOUGH,  MAMDANI, QUART,
          ENGLEBRIGHT, SOLAGES, FALL, BENEDETTO, TAPIA, BURDICK, JOYNER,  ZINER-
          MAN,  OTIS, HEVESI, J. RIVERA, COLTON, DARLING, ABBATE, REILLY -- read
          once and referred to the Committee on Higher Education --  recommitted
          to  the Committee on Higher Education in accordance with Assembly Rule
          3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee
 
        AN ACT to amend the education law and the state finance law, in relation
          to enacting The New Deal for CUNY
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This enacts "The New Deal for CUNY".
     2    § 2. Legislative intent. The Legislature hereby  recognizes  the  need
     3  for  The New Deal for CUNY to ensure that the commitment the Legislature
     4  articulated in establishing the city university of New York is  extended
     5  to present and future generations.  The 1961 legislation recognized that
     6  the creation of a city university as a single unified system was "justi-
     7  fied"  by the special needs of a multi-racial urban constituency and the
     8  "vital importance" of creating opportunities for disadvantaged New York-
     9  ers. Those needs have only grown in the half-century since the  Legisla-
    10  ture's  action.  Yet  CUNY's  ability  to fulfill them has diminished as
    11  enrollment has skyrocketed and investment has failed to keep  pace.  The
    12  New  Deal for CUNY reimagines CUNY as the vital urban university it must
    13  be if it is to serve the people of New York. It enhances CUNY's historic
    14  role as a leader in educational  justice  and  economic  transformation.
    15  This  legislation restores free tuition, ensures adequate faculty staff-
    16  ing, and aligns student support with nationally  recommended  standards.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09097-06-2

        A. 5843--A                          2
 
     1  In doing so, The New Deal for CUNY restores New York to national leader-
     2  ship  in  public  higher  education  and removes the barriers to student
     3  success that have prevented thousands of CUNY  students  from  realizing
     4  the  full potential of a college degree. The New Deal for CUNY gradually
     5  increases the  ratio  of  students  to  full-time  faculty  at  CUNY  to
     6  nationally  recommended  levels,  with  a special emphasis on racial and
     7  ethnic diversity in hiring. It also replaces the system of  underpayment
     8  for  contingent  faculty  with  a  dignified  labor system that provides
     9  students with the support they urgently  need.  CUNY  students,  perhaps
    10  more  than  any  other  college population in the country, bear stresses
    11  that make it extraordinarily difficult to  stay  in  college,  sometimes
    12  even  to  survive.  The  New Deal for CUNY addresses the urgent need for
    13  student support by gradually escalating the hiring of mental health  and
    14  other  counselors  to  bring CUNY into line with national standards. The
    15  New Deal for CUNY  mandates  that  all  tuition  and  student  fees  for
    16  in-state   undergraduate   students  within  specified  time-frames  for
    17  completion of degree be eliminated, and that the revenue to the colleges
    18  that would otherwise derive from tuition and fees be  replaced  annually
    19  by federal, state, and city funds.
    20    §  3. Subdivision A of section 6221 of the education law is amended by
    21  adding a new paragraph 4-b to read as follows:
    22    4-b. Notwithstanding any other provision of law, rule or regulation to
    23  the contrary,  subject  to  amounts  made  available  by  appropriation,
    24  commencing  in  the  two thousand twenty-three--two thousand twenty-four
    25  academic year, the city university shall be entitled to annually receive
    26  one hundred percent reimbursement for the annual  cost  of  tuition  and
    27  student  fees  for  each  matriculated  undergraduate  student at a city
    28  university senior college and  community  college  who  is  enrolled  in
    29  credit-baring  academic  coursework  and  is on track to graduate.   The
    30  state comptroller shall establish a separate fund for such monies to  be
    31  distributed  to  the  city  university  of New York. The city university
    32  shall receive an amount equal to the full cost of in-state undergraduate
    33  tuition and student fees for each qualifying, matriculated  student  who
    34  successfully  completes  credit-bearing  academic  coursework  and is on
    35  track to graduate. The full cost of tuition shall not include any  addi-
    36  tional  funds  the  student may receive from any other New York state or
    37  federal grant, award, or scholarship program. The deposit of these funds
    38  shall be utilized as first dollar awards to the  students  at  the  city
    39  university.  Any  student  not  successfully  completing  credit-bearing
    40  academic coursework in a semester shall still be eligible to receive all
    41  other grants, awards, and scholarships for which they qualify but  shall
    42  not  be eligible for the tuition and student fee reimbursement described
    43  herein. Students shall be eligible to receive a one  semester  exemption
    44  from  the requirement to complete credit-bearing academic coursework for
    45  such tuition  reimbursement  as  promulgated  by  the  higher  education
    46  services corporation. Such exemption shall not preclude any student from
    47  exercising  their  right to appeal pursuant to higher education services
    48  corporation policy. The state comptroller shall deposit such monies with
    49  the city university no later than thirty days after  the  start  of  the
    50  semester.
    51    §  4. Section 6206 of the education law is amended by adding three new
    52  subdivisions 22, 23 and 24 to read as follows:
    53    22. Each community college and senior college of the  city  university
    54  of  New York shall maintain, at a minimum, a ratio of one clinical, non-
    55  student mental health staff member per one thousand students. Within two
    56  years of the effective date of  this  subdivision,  each  community  and

        A. 5843--A                          3
 
     1  senior  college  shall  establish,  and require a meeting of, a board of
     2  advisors  having  expertise  in  the  area  of  clinical  mental  health
     3  services.  The  advisory  boards  shall,  using current data, update and
     4  modify,  as  necessary, such ratios based on actual ratios in this state
     5  and any new information related to  appropriate  benchmarks  for  clini-
     6  cian-to-student  ratios.  Data  collected  by the advisory boards may be
     7  used as a means to increase the number of mental health  staff  members.
     8  In  no event shall the ratio fall below one clinical, non-student mental
     9  health staff member per one thousand  students.  Following  the  initial
    10  meeting, advisory boards shall meet once every five years. This subdivi-
    11  sion  shall not be funded by student tuition or fees created on or after
    12  the effective date of this subdivision. Community  colleges  and  senior
    13  colleges  in the city university of New York may seek federal funding or
    14  private  grants,  if  available,  to  further  expand  and  support  the
    15  provisions  of this subdivision. Any faculty and staff hired through the
    16  assistance of federal funding or private grants pursuant to this  subdi-
    17  vision shall be treated and classified as full-time public employees and
    18  covered  under  any collectively bargained contracts in their respective
    19  bargaining units. The city university shall  report  annually,  on  July
    20  first,  to  the  chair of the senate finance committee, the chair of the
    21  assembly ways and means committee, the chair of the senate higher educa-
    22  tion committee, and the chair of the assembly higher education committee
    23  on the following criteria:
    24    a. the ratio of clinical and non-student mental health staff  employed
    25  and what that number equates to per student;
    26    b.  the  number  of full-time mental health staff, and number of part-
    27  time mental health staff per campus, including those who may not possess
    28  the title mental health staff but are primarily employed to perform  and
    29  carry  out  the  duties  typically  assigned to, and function as, mental
    30  health staff; and
    31    c. the mean and median  number  of  students  receiving  services  per
    32  campus  in  the  two  thousand  twenty-three--two  thousand  twenty-four
    33  academic year and in the academic year in which the report  is  prepared
    34  from full-time mental health staff, and from part-time academic advisor.
    35    23.  Commencing in the two thousand twenty-three--two thousand twenty-
    36  four academic year each community college and senior college of the city
    37  university of New York shall maintain a minimum academic staffing  ratio
    38  of  forty-five  full-time  faculty  members  per  one thousand full-time
    39  equivalent students. Commencing in  the  two  thousand  twenty-four--two
    40  thousand  twenty-five  academic  year  each community college and senior
    41  college of the city university of New  York  shall  maintain  a  minimum
    42  academic staffing ratio of fifty full-time faculty members per one thou-
    43  sand  full-time  equivalent  students.    Commencing in the two thousand
    44  twenty-five--two  thousand  twenty-six  academic  year  each   community
    45  college  and  senior  college  of  the city university of New York shall
    46  maintain a minimum  academic  staffing  ratio  of  fifty-five  full-time
    47  faculty   members   per  one  thousand  full-time  equivalent  students.
    48  Commencing in the two  thousand  twenty-six--two  thousand  twenty-seven
    49  academic  year  each  community  college  and senior college of the city
    50  university of New York shall maintain a minimum academic staffing  ratio
    51  of sixty full-time faculty members per one thousand full-time equivalent
    52  students.  Commencing  in  the  two  thousand twenty-seven--two thousand
    53  twenty-eight academic year and  each  year  thereafter,  each  community
    54  college  and  senior  college  of  the city university of New York shall
    55  maintain a minimum  academic  staffing  ratio  of  sixty-five  full-time
    56  faculty  members  per  one thousand full-time equivalent students.  This

        A. 5843--A                          4

     1  subdivision shall not be funded by student fees created on or after  the
     2  effective  date  of this subdivision. Any faculty or staff hired through
     3  the assistance of federal funding or private  grants  pursuant  to  this
     4  subdivision  shall be treated and classified as full-time public employ-
     5  ees and covered under any  collectively  bargained  contracts  in  their
     6  respective  bargaining units. The city university shall utilize national
     7  searches to ensure recruitment of diverse faculty from  underrepresented
     8  racial,  ethnic, and gender groups, and prioritize the creation of full-
     9  time faculty positions for adjunct faculty  currently  employed  by  the
    10  university  in  order  to  meet  the  minimum  academic  staffing ratios
    11  described herein. The city university shall  report  annually,  on  July
    12  first,  to  the  chair of the senate finance committee, the chair of the
    13  assembly ways and means committee, the chair of the senate higher educa-
    14  tion committee, and the chair of the assembly higher  education  commit-
    15  tee.  The  report  shall  include,  but not be limited to, the following
    16  criteria:
    17    a. data that indicates whether the city university  is  in  compliance
    18  with the mandatory minimum academic staffing ratios established pursuant
    19  to this subdivision;
    20    b.  the  number by campus, in the two thousand twenty-three--two thou-
    21  sand twenty-four academic year and in the academic  year  in  which  the
    22  report  is  prepared,  of  each  full-time  tenured  faculty,  full-time
    23  tenure-track faculty,  full-time  non-tenure  track  faculty,  including
    24  those  who  may  not  have  a  faculty or academic job title but perform
    25  instructional duties and number of faculty lines  and  unfilled  faculty
    26  positions;
    27    c.  the mean and median class size by campus in the two thousand twen-
    28  ty-three--two thousand twenty-four academic year  and  in  the  academic
    29  year  in  which  the  report is prepared, for full-time tenured faculty,
    30  full-time tenure track faculty, and full-time non tenure  track  faculty
    31  and instructional staff;
    32    d.  the  mean  and median class size by level for remedial one hundred
    33  level introductory courses, and two hundred level mid-level courses  and
    34  above  for completion of an associate degree and baccalaureate degree in
    35  the two thousand twenty-three--two thousand  twenty-four  academic  year
    36  and in the academic year in which the report is prepared;
    37    e.  the  number of part-time non tenure track faculty in the two thou-
    38  sand twenty-three--two thousand twenty-four academic  year  and  in  the
    39  academic  year  in which the report is prepared, including those who may
    40  not have a faculty or  academic  job  title  but  perform  instructional
    41  duties, by campus; and
    42    f.  the  mean and median class size by campus for part-time non tenure
    43  track faculty and instructional staff in the two thousand  twenty-three-
    44  -two  thousand  twenty-four  academic  year  and in the academic year in
    45  which the report is prepared.
    46    24. Commencing in the two thousand twenty-three--two thousand  twenty-
    47  four academic year each community college and senior college of the city
    48  university  of  New  York  shall  maintain, at a minimum, a ratio of one
    49  academic advisor per six hundred full-time equivalent students. Commenc-
    50  ing in the two thousand twenty-four--two thousand  twenty-five  academic
    51  year, the minimum staffing ratio for academic advisors at each community
    52  college  and  senior college of the city university of New York shall be
    53  one  academic  advisor  per  every  four  hundred  full-time  equivalent
    54  students. Commencing in the two thousand twenty-five--two thousand twen-
    55  ty-six  academic  year, the minimum staffing ratio for academic advisors
    56  at each community college and senior college of the city  university  of

        A. 5843--A                          5
 
     1  New York shall be one academic advisor for every three hundred full-time
     2  equivalent  students.  Commencing  in  the  two thousand twenty-six--two
     3  thousand twenty-seven academic year,  and  every  year  thereafter,  the
     4  minimum  staffing  ratio for academic advisors at each community college
     5  and senior college of the city university  of  New  York  shall  be  one
     6  academic advisor for every two hundred and fifty students. This subdivi-
     7  sion  shall not be funded by student tuition or fees created on or after
     8  its effective date.  Community colleges and senior colleges in the  city
     9  university  of  New  York may seek federal funding or private grants, if
    10  available, to further expand and support the provisions of this subdivi-
    11  sion. Any faculty and staff hired  through  the  assistance  of  federal
    12  funding  or private grants pursuant to this subdivision shall be treated
    13  and classified as full-time  public  employees  and  covered  under  any
    14  collectively  bargained  contracts in their respective bargaining units.
    15  The city university shall report annually on July first to the chair  of
    16  the  senate  finance committee, the chair of the assembly ways and means
    17  committee, the chair of the senate higher education committee,  and  the
    18  chair  of  the  assembly  higher education committee.   The report shall
    19  include, but not be limited to, the following criteria:
    20    a. whether the city university is in  compliance  with  the  mandatory
    21  minimum  academic  advisor  staffing ratios established pursuant to this
    22  subdivision;
    23    b. the number of full-time academic advisors per campus, and number of
    24  part-time academic advisors, including those who  may  not  possess  the
    25  title  academic  advisor but are primarily employed to perform and carry
    26  out the duties typically assigned to, and function as, an academic advi-
    27  sor; and
    28    c. the mean and median number of student advisees, per  full-time  and
    29  part-time  academic advisor per campus in the two thousand twenty-three-
    30  -two thousand twenty-four academic year and  in  the  academic  year  in
    31  which the report is prepared.
    32    §  5.  The second undesignated paragraph of section 6220 of the educa-
    33  tion law is amended by  adding  a  new  subparagraph  16-a  to  read  as
    34  follows:
    35    16-a.  Part-time  and  adjunct faculty shall receive wages and compen-
    36  sation equal to those in the lecturer title of  this  section  based  on
    37  comparable  hours,  duties and level of responsibility assigned to those
    38  in the title of lecturer. Commensurate increases in  wages  and  compen-
    39  sation  for adjunct faculty with professoriate titles shall correlate to
    40  the appropriate professor, associate professor, and assistant  professor
    41  titles as bargained.
    42    §  6. Section 22-c of the state finance law is amended by adding a new
    43  subdivision 7 to read as follows:
    44    7. For the fiscal year beginning on April first, two thousand  twenty-
    45  two and every fifth fiscal year thereafter, the governor shall submit to
    46  the  legislature as part of the annual executive budget, five-year capi-
    47  tal plans for the state university of New York state  operated  campuses
    48  and  city  university  of  New  York  senior  colleges. Such plans shall
    49  provide for the annual appropriation  of  capital  funds  to  cover  one
    50  hundred  percent  of the annual critical maintenance needs identified by
    51  each university system, and may include funds for new infrastructure  or
    52  other  major  capital  initiatives,  provided  that such funding for new
    53  infrastructure or  other  major  capital  initiatives  shall  not  count
    54  towards  meeting  the  overall  critical maintenance requirement. In the
    55  event that such plan is unable to fund one hundred percent of the  crit-
    56  ical  maintenance  needs due to the limitation imposed by article five-B

        A. 5843--A                          6
 
     1  of this chapter, the director of  the  budget  shall  develop  five-year
     2  capital  plans  whereby  the  implementation  of each capital plan would
     3  annually reduce the overall facility condition index for each university
     4  system. For the purposes of this subdivision, "facility condition index"
     5  shall  mean  an  industry  benchmark that measures the ratio of deferred
     6  maintenance dollars to replacement dollars for the purposes of analyzing
     7  the effect of investing in facility improvements. The  apportionment  of
     8  capital  appropriations  to each state-operated campus or senior college
     9  shall be based on a methodology to be developed by the director  of  the
    10  budget,  in  consultation  with the state university of New York and the
    11  city university of New York.
    12    § 7. This act shall take effect immediately.
Go to top