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S02274 Summary:

BILL NOS02274
 
SAME ASSAME AS A01727
 
SPONSORGOUNARDES
 
COSPNSRBAILEY, BRISPORT, BROUK, CLEARE, COMRIE, FERNANDEZ, GIANARIS, GONZALEZ, HARCKHAM, HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SCARCELLA-SPANTON, SEPULVEDA, SERRANO, STAVISKY
 
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.
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S02274 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2274
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2025
                                       ___________
 
        Introduced  by Sens. GOUNARDES, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE,
          FERNANDEZ,  GIANARIS,  GONZALEZ,  HARCKHAM,  HOYLMAN-SIGAL,   JACKSON,
          KAVANAGH,  LIU,  MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SCAR-
          CELLA-SPANTON, SEPULVEDA, SERRANO, STAVISKY -- read twice and  ordered
          printed,  and  when printed to be committed to the Committee on Higher
          Education
 
        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.
    17  In doing so, The New Deal for CUNY restores New York to national leader-
    18  ship in public higher education and  removes  the  barriers  to  student
    19  success  that  have  prevented thousands of CUNY students from realizing
    20  the full potential of a college degree. The New Deal for CUNY  gradually
    21  increases  the  ratio  of  students  to  full-time  faculty  at  CUNY to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03187-01-5

        S. 2274                             2
 
     1  nationally recommended levels, with a special  emphasis  on  racial  and
     2  ethnic  diversity in hiring. It also replaces the system of underpayment
     3  for contingent faculty with  a  dignified  labor  system  that  provides
     4  students  with  the  support  they urgently need. CUNY students, perhaps
     5  more than any other college population in  the  country,  bear  stresses
     6  that  make  it  extraordinarily  difficult to stay in college, sometimes
     7  even to survive. The New Deal for CUNY addresses  the  urgent  need  for
     8  student  support by gradually escalating the hiring of mental health and
     9  other counselors to bring CUNY into line with  national  standards.  The
    10  New  Deal  for  CUNY  mandates  that  all  tuition  and student fees for
    11  in-state  undergraduate  students  within  specified  time  frames   for
    12  completion of degree be eliminated, and that the revenue to the colleges
    13  that  would  otherwise derive from tuition and fees be replaced annually
    14  by federal, state, and city funds.
    15    § 3. Subdivision A of section 6221 of the education law is amended  by
    16  adding a new paragraph 4-b to read as follows:
    17    4-b. Notwithstanding any other provision of law, rule or regulation to
    18  the  contrary,  subject  to  amounts  made  available  by appropriation,
    19  commencing in the two thousand twenty-seven--two  thousand  twenty-eight
    20  academic year, the city university shall be entitled to annually receive
    21  one  hundred  percent  reimbursement  for the annual cost of tuition and
    22  student fees for each  matriculated  undergraduate  student  at  a  city
    23  university  senior  college  and  community  college  who is enrolled in
    24  credit-bearing academic coursework and is on track  to  graduate.    The
    25  state  comptroller shall establish a separate fund for such monies to be
    26  distributed to the city university of  New  York.  The  city  university
    27  shall receive an amount equal to the full cost of in-state undergraduate
    28  tuition  and  student fees for each qualifying, matriculated student who
    29  successfully completes credit-bearing  academic  coursework  and  is  on
    30  track  to graduate. The full cost of tuition shall not include any addi-
    31  tional funds the student may receive from any other New  York  state  or
    32  federal grant, award, or scholarship program. The deposit of these funds
    33  shall  be  utilized  as  first dollar awards to the students at the city
    34  university.  Any  student  not  successfully  completing  credit-bearing
    35  academic coursework in a semester shall still be eligible to receive all
    36  other  grants, awards, and scholarships for which they qualify but shall
    37  not be eligible for the tuition and student fee reimbursement  described
    38  herein.  Students  shall be eligible to receive a one semester exemption
    39  from the requirement to complete credit-bearing academic coursework  for
    40  such  tuition  reimbursement  as  promulgated  by  the  higher education
    41  services corporation. Such exemption shall not preclude any student from
    42  exercising their right to appeal pursuant to higher  education  services
    43  corporation policy. The state comptroller shall deposit such monies with
    44  the  city  university  no  later than thirty days after the start of the
    45  semester.
    46    § 4. Section 6206 of the education law is amended by adding three  new
    47  subdivisions 24, 25 and 26 to read as follows:
    48    24.  Each  community college and senior college of the city university
    49  of New York shall maintain, at a minimum, a ratio of one clinical,  non-
    50  student mental health staff member per one thousand students. Within two
    51  years  of  the  effective  date  of this subdivision, each community and
    52  senior college shall establish, and require a meeting  of,  a  board  of
    53  advisors  having  expertise  in  the  area  of  clinical  mental  health
    54  services. The advisory boards shall,  using  current  data,  update  and
    55  modify,  as  necessary, such ratios based on actual ratios in this state
    56  and any new information related to  appropriate  benchmarks  for  clini-

        S. 2274                             3
 
     1  cian-to-student  ratios.  Data  collected  by the advisory boards may be
     2  used as a means to increase the number of mental health  staff  members.
     3  In  no event shall the ratio fall below one clinical, non-student mental
     4  health  staff  member  per  one thousand students. Following the initial
     5  meeting, advisory boards shall meet once every five years. This subdivi-
     6  sion shall not be funded by student tuition or fees created on or  after
     7  the  effective  date  of this subdivision. Community colleges and senior
     8  colleges in the city university of New York may seek federal funding  or
     9  private  grants,  if  available,  to  further  expand  and  support  the
    10  provisions of this subdivision. Any faculty and staff hired through  the
    11  assistance  of federal funding or private grants pursuant to this subdi-
    12  vision shall be treated and classified as full-time public employees and
    13  covered under any collectively bargained contracts in  their  respective
    14  bargaining  units.  The  city  university shall report annually, on July
    15  first, to the chair of the senate finance committee, the  chair  of  the
    16  assembly ways and means committee, the chair of the senate higher educa-
    17  tion committee, and the chair of the assembly higher education committee
    18  on the following criteria:
    19    a.  the ratio of clinical and non-student mental health staff employed
    20  and what that number equates to per student;
    21    b. the number of full-time mental health staff, and  number  of  part-
    22  time mental health staff per campus, including those who may not possess
    23  the  title mental health staff but are primarily employed to perform and
    24  carry out the duties typically assigned  to,  and  function  as,  mental
    25  health staff; and
    26    c.  the  mean  and  median  number  of students receiving services per
    27  campus in  the  two  thousand  twenty-seven--two  thousand  twenty-eight
    28  academic  year  and in the academic year in which the report is prepared
    29  from full-time mental health staff, and from  part-time  academic  advi-
    30  sors.
    31    25.  Commencing in the two thousand twenty-seven--two thousand twenty-
    32  eight academic year each community college and  senior  college  of  the
    33  city  university  of New York shall maintain a minimum academic staffing
    34  ratio of forty-five full-time faculty members per one thousand full-time
    35  equivalent students. Commencing in the  two  thousand  twenty-eight--two
    36  thousand  twenty-nine  academic  year  each community college and senior
    37  college of the city university of New  York  shall  maintain  a  minimum
    38  academic staffing ratio of fifty full-time faculty members per one thou-
    39  sand  full-time  equivalent  students.    Commencing in the two thousand
    40  twenty-nine--two thousand thirty academic year  each  community  college
    41  and  senior  college of the city university of New York shall maintain a
    42  minimum academic staffing ratio of fifty-five full-time faculty  members
    43  per  one  thousand full-time equivalent students.  Commencing in the two
    44  thousand thirty--two thousand thirty-one 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  sixty  full-time  faculty
    47  members  per  one  thousand full-time equivalent students. Commencing in
    48  the two thousand thirty-one--two thousand thirty-two academic  year  and
    49  each  year  thereafter, each community college and senior college of the
    50  city university of New York shall maintain a minimum  academic  staffing
    51  ratio of sixty-five full-time faculty members per one thousand full-time
    52  equivalent  students.    This subdivision shall not be funded by student
    53  fees created on or after the effective date  of  this  subdivision.  Any
    54  faculty  or  staff  hired  through  the assistance of federal funding or
    55  private grants pursuant to this subdivision shall be treated and classi-
    56  fied as full-time public employees and covered  under  any  collectively

        S. 2274                             4
 
     1  bargained  contracts  in  their  respective  bargaining  units. The city
     2  university shall utilize national  searches  to  ensure  recruitment  of
     3  diverse faculty from underrepresented racial, ethnic, and gender groups,
     4  and  prioritize  the creation of full-time faculty positions for adjunct
     5  faculty currently employed by the university in order to meet the  mini-
     6  mum academic staffing ratios described herein. The city university shall
     7  report  annually,  on  July  first,  to  the chair of the senate finance
     8  committee, the chair of the assembly ways and means committee, the chair
     9  of the senate higher education committee, and the chair of the  assembly
    10  higher education committee. The report shall include, but not be limited
    11  to, the following criteria:
    12    a.  data  that  indicates whether the city university is in compliance
    13  with the mandatory minimum academic staffing ratios established pursuant
    14  to this subdivision;
    15    b. the number by campus, in the two thousand  twenty-seven--two  thou-
    16  sand  twenty-eight  academic  year and in the academic year in which the
    17  report  is  prepared,  of  each  full-time  tenured  faculty,  full-time
    18  tenure-track  faculty,  full-time  non-tenure  track  faculty, including
    19  those who may not have a faculty  or  academic  job  title  but  perform
    20  instructional  duties  and  number of faculty lines and unfilled faculty
    21  positions;
    22    c. the mean and median class size by campus in the two thousand  twen-
    23  ty-seven--two  thousand  twenty-eight  academic year and in the academic
    24  year in which the report is prepared,  for  full-time  tenured  faculty,
    25  full-time  tenure-track  faculty, and full-time non-tenure track faculty
    26  and instructional staff;
    27    d. the mean and median class size by level for  remedial  one  hundred
    28  level  introductory courses, and two hundred level mid-level courses and
    29  above for completion of an associate degree and baccalaureate degree  in
    30  the  two  thousand twenty-seven--two thousand twenty-eight academic year
    31  and in the academic year in which the report is prepared;
    32    e. the number of part-time non-tenure track faculty in the  two  thou-
    33  sand  twenty-seven--two  thousand  twenty-eight academic year and in the
    34  academic year in which the report is prepared, including those  who  may
    35  not  have  a  faculty  or  academic  job title but perform instructional
    36  duties, by campus; and
    37    f. the mean and median class size by campus for  part-time  non-tenure
    38  track  faculty and instructional staff in the two thousand twenty-seven-
    39  -two thousand twenty-eight academic year and in  the  academic  year  in
    40  which the report is prepared.
    41    26.  Commencing in the two thousand twenty-seven--two thousand twenty-
    42  eight academic year each community college and  senior  college  of  the
    43  city university of New York shall maintain, at a minimum, a ratio of one
    44  academic advisor per six hundred full-time equivalent students. Commenc-
    45  ing  in the two thousand twenty-eight--two thousand twenty-nine academic
    46  year, the minimum staffing ratio for academic advisors at each community
    47  college and senior college of the city university of New York  shall  be
    48  one  academic  advisor  per  every  four  hundred  full-time  equivalent
    49  students. Commencing in the two thousand twenty-nine--two thousand thir-
    50  ty academic year, the minimum staffing ratio for  academic  advisors  at
    51  each  community college and senior college of the city university of New
    52  York shall be one academic advisor for  every  three  hundred  full-time
    53  equivalent students. Commencing in the two thousand thirty--two thousand
    54  thirty-one  academic year, and every year thereafter, the minimum staff-
    55  ing ratio for academic advisors at each  community  college  and  senior
    56  college of the city university of New York shall be one academic advisor

        S. 2274                             5
 
     1  for  every  two  hundred  fifty  students. This subdivision shall not be
     2  funded by student tuition or fees created  on  or  after  its  effective
     3  date.   Community colleges and senior colleges in the city university of
     4  New  York  may  seek federal funding or private grants, if available, to
     5  further expand and support  the  provisions  of  this  subdivision.  Any
     6  faculty  and  staff  hired  through the assistance of federal funding or
     7  private grants pursuant to this subdivision shall be treated and classi-
     8  fied as full-time public employees and covered  under  any  collectively
     9  bargained  contracts  in  their  respective  bargaining  units. The city
    10  university shall report annually on July  first  to  the  chair  of  the
    11  senate  finance  committee,  the  chair  of  the assembly ways and means
    12  committee, the chair of the senate higher education committee,  and  the
    13  chair  of  the  assembly  higher education committee.   The report shall
    14  include, but not be limited to, the following criteria:
    15    a. whether the city university is in  compliance  with  the  mandatory
    16  minimum  academic  advisor  staffing ratios established pursuant to this
    17  subdivision;
    18    b. the number of full-time academic advisors per campus, and number of
    19  part-time academic advisors, including those who  may  not  possess  the
    20  title  academic  advisor but are primarily employed to perform and carry
    21  out the duties typically assigned to, and function as, an academic advi-
    22  sor; and
    23    c. the mean and median number of student advisees, per  full-time  and
    24  part-time  academic advisor per campus in the two thousand twenty-seven-
    25  -two thousand twenty-eight academic year and in  the  academic  year  in
    26  which the report is prepared.
    27    §  5.  The second undesignated paragraph of section 6220 of the educa-
    28  tion law is amended by  adding  a  new  subparagraph  16-a  to  read  as
    29  follows:
    30    16-a.  Part-time  and  adjunct faculty shall receive wages and compen-
    31  sation equal to those in the lecturer title of  this  section  based  on
    32  comparable  hours,  duties and level of responsibility assigned to those
    33  in the title of lecturer. Commensurate increases in  wages  and  compen-
    34  sation  for adjunct faculty with professoriate titles shall correlate to
    35  the appropriate professor, associate professor, and assistant  professor
    36  titles as bargained.
    37    §  6. Section 22-c of the state finance law is amended by adding a new
    38  subdivision 7 to read as follows:
    39    7. For the fiscal year beginning on April first, two thousand  twenty-
    40  six and every fifth fiscal year thereafter, the governor shall submit to
    41  the  legislature as part of the annual executive budget, five-year capi-
    42  tal plans for the state university of New York state  operated  campuses
    43  and  city  university  of  New  York  senior  colleges. Such plans shall
    44  provide for the annual appropriation  of  capital  funds  to  cover  one
    45  hundred  percent  of the annual critical maintenance needs identified by
    46  each university system, and may include funds for new infrastructure  or
    47  other  major  capital  initiatives,  provided  that such funding for new
    48  infrastructure or  other  major  capital  initiatives  shall  not  count
    49  towards  meeting  the  overall  critical maintenance requirement. In the
    50  event that such plan is unable to fund one hundred percent of the  crit-
    51  ical  maintenance  needs due to the limitation imposed by article five-B
    52  of this chapter, the director of  the  budget  shall  develop  five-year
    53  capital  plans  whereby  the  implementation  of each capital plan would
    54  annually reduce the overall facility condition index for each university
    55  system. For the purposes of this subdivision, "facility condition index"
    56  shall mean an industry benchmark that measures  the  ratio  of  deferred

        S. 2274                             6
 
     1  maintenance dollars to replacement dollars for the purposes of analyzing
     2  the  effect  of investing in facility improvements. The apportionment of
     3  capital appropriations to each state-operated campus or  senior  college
     4  shall  be  based on a methodology to be developed by the director of the
     5  budget, in consultation with the state university of New  York  and  the
     6  city university of New York.
     7    § 7. This act shall take effect immediately.
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