Bill Text: NY A04425 | 2023-2024 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 50-2)
Status: (Introduced) 2024-03-04 - print number 4425a [A04425 Detail]
Download: New_York-2023-A04425-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4425--A 2023-2024 Regular Sessions IN ASSEMBLY February 14, 2023 ___________ Introduced by M. of A. REYES, L. ROSENTHAL, EPSTEIN, ANDERSON, DAVILA, BURGOS, FORREST, GALLAGHER, WEPRIN, MITAYNES, TAYLOR, SIMON, SEPTIMO, SAYEGH, JACKSON, GONZALEZ-ROJAS, CRUZ, CARROLL, DINOWITZ, SEAWRIGHT, BICHOTTE HERMELYN, LAVINE, CLARK, KIM, McDONOUGH, MAMDANI, FALL, TAPIA, BENEDETTO, BURDICK, HEVESI, OTIS, RIVERA, ZINERMAN, REILLY, GIBBS, DARLING, COLTON, COOK, DE LOS SANTOS, PAULIN, BORES, RAGA, ARDILA, ZACCARO, ALVAREZ, SIMONE, LEE, SHIMSKY, SHRESTHA, JACOBSON -- read once and referred to the Committee on Higher Education -- recom- mitted to the Committee on Higher Education in accordance with Assem- bly 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. LBD01527-03-3A. 4425--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-five--two thousand twenty-six 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-bearing 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 23, 24 and 25 to read as follows: 53 23. 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 andA. 4425--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-five--two thousand twenty-six academic 33 year and in the academic year in which the report is prepared from full- 34 time mental health staff, and from part-time academic advisor. 35 24. Commencing in the two thousand twenty-five--two thousand twenty- 36 six 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-six--two 40 thousand twenty-seven 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-seven--two thousand twenty-eight 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-eight--two thousand twenty-nine 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-nine--two thousand thir- 53 ty academic year and each year thereafter, each community college and 54 senior college of the city university of New York shall maintain a mini- 55 mum academic staffing ratio of sixty-five full-time faculty members per 56 one thousand full-time equivalent students. This subdivision shall notA. 4425--A 4 1 be funded by student fees created on or after the effective date of this 2 subdivision. Any faculty or staff hired through the assistance of feder- 3 al funding or private grants pursuant to this subdivision shall be 4 treated and classified as full-time public employees and covered under 5 any collectively bargained contracts in their respective bargaining 6 units. The city university shall utilize national searches to ensure 7 recruitment of diverse faculty from underrepresented racial, ethnic, and 8 gender groups, and prioritize the creation of full-time faculty posi- 9 tions for adjunct faculty currently employed by the university in order 10 to meet the minimum academic staffing ratios described herein. The city 11 university shall report annually, on July first, to the chair of the 12 senate finance committee, the chair of the assembly ways and means 13 committee, the chair of the senate higher education committee, and the 14 chair of the assembly higher education committee. The report shall 15 include, but not be limited to, the following criteria: 16 a. data that indicates whether the city university is in compliance 17 with the mandatory minimum academic staffing ratios established pursuant 18 to this subdivision; 19 b. the number by campus, in the two thousand twenty-five--two thousand 20 twenty-six academic year and in the academic year in which the report is 21 prepared, of each full-time tenured faculty, full-time tenure-track 22 faculty, full-time non-tenure track faculty, including those who may not 23 have a faculty or academic job title but perform instructional duties 24 and number of faculty lines and unfilled faculty positions; 25 c. the mean and median class size by campus in the two thousand twen- 26 ty-five--two thousand twenty-six academic year and in the academic year 27 in which the report is prepared, for full-time tenured faculty, full- 28 time tenure-track faculty, and full-time non-tenure track faculty and 29 instructional staff; 30 d. the mean and median class size by level for remedial one hundred 31 level introductory courses, and two hundred level mid-level courses and 32 above for completion of an associate degree and baccalaureate degree in 33 the two thousand twenty-five--two thousand twenty-six academic year and 34 in the academic year in which the report is prepared; 35 e. the number of part-time non-tenure track faculty in the two thou- 36 sand twenty-five--two thousand twenty-six academic year and in the 37 academic year in which the report is prepared, including those who may 38 not have a faculty or academic job title but perform instructional 39 duties, by campus; and 40 f. the mean and median class size by campus for part-time non-tenure 41 track faculty and instructional staff in the two thousand twenty-five-- 42 two thousand twenty-six academic year and in the academic year in which 43 the report is prepared. 44 25. Commencing in the two thousand twenty-five--two thousand twenty- 45 six academic year each community college and senior college of the city 46 university of New York shall maintain, at a minimum, a ratio of one 47 academic advisor per six hundred full-time equivalent students. Commenc- 48 ing in the two thousand twenty-six--two thousand twenty-seven academic 49 year, the minimum staffing ratio for academic advisors at each community 50 college and senior college of the city university of New York shall be 51 one academic advisor per every four hundred full-time equivalent 52 students. Commencing in the two thousand twenty-seven--two thousand 53 twenty-eight academic year, the minimum staffing ratio for academic 54 advisors at each community college and senior college of the city 55 university of New York shall be one academic advisor for every three 56 hundred full-time equivalent students. Commencing in the two thousandA. 4425--A 5 1 twenty-eight--two thousand twenty-nine academic year, and every year 2 thereafter, the minimum staffing ratio for academic advisors at each 3 community college and senior college of the city university of New York 4 shall be one academic advisor for every two hundred fifty students. This 5 subdivision shall not be funded by student tuition or fees created on or 6 after its effective date. Community colleges and senior colleges in the 7 city university of New York may seek federal funding or private grants, 8 if available, to further expand and support the provisions of this 9 subdivision. Any faculty and staff hired through the assistance of 10 federal funding or private grants pursuant to this subdivision shall be 11 treated and classified as full-time public employees and covered under 12 any collectively bargained contracts in their respective bargaining 13 units. The city university shall report annually on July first to the 14 chair of the senate finance committee, the chair of the assembly ways 15 and means committee, the chair of the senate higher education committee, 16 and the chair of the assembly higher education committee. The report 17 shall include, but not be limited to, the following criteria: 18 a. whether the city university is in compliance with the mandatory 19 minimum academic advisor staffing ratios established pursuant to this 20 subdivision; 21 b. the number of full-time academic advisors per campus, and number of 22 part-time academic advisors, including those who may not possess the 23 title academic advisor but are primarily employed to perform and carry 24 out the duties typically assigned to, and function as, an academic advi- 25 sor; and 26 c. the mean and median number of student advisees, per full-time and 27 part-time academic advisor per campus in the two thousand twenty-five-- 28 two thousand twenty-six academic year and in the academic year in which 29 the report is prepared. 30 § 5. The second undesignated paragraph of section 6220 of the educa- 31 tion law is amended by adding a new subparagraph 16-a to read as 32 follows: 33 16-a. Part-time and adjunct faculty shall receive wages and compen- 34 sation equal to those in the lecturer title of this section based on 35 comparable hours, duties and level of responsibility assigned to those 36 in the title of lecturer. Commensurate increases in wages and compen- 37 sation for adjunct faculty with professoriate titles shall correlate to 38 the appropriate professor, associate professor, and assistant professor 39 titles as bargained. 40 § 6. Section 22-c of the state finance law is amended by adding a new 41 subdivision 7 to read as follows: 42 7. For the fiscal year beginning on April first, two thousand twenty- 43 four and every fifth fiscal year thereafter, the governor shall submit 44 to the legislature as part of the annual executive budget, five-year 45 capital plans for the state university of New York state operated 46 campuses and city university of New York senior colleges. Such plans 47 shall provide for the annual appropriation of capital funds to cover one 48 hundred percent of the annual critical maintenance needs identified by 49 each university system, and may include funds for new infrastructure or 50 other major capital initiatives, provided that such funding for new 51 infrastructure or other major capital initiatives shall not count 52 towards meeting the overall critical maintenance requirement. In the 53 event that such plan is unable to fund one hundred percent of the crit- 54 ical maintenance needs due to the limitation imposed by article five-B 55 of this chapter, the director of the budget shall develop five-year 56 capital plans whereby the implementation of each capital plan wouldA. 4425--A 6 1 annually reduce the overall facility condition index for each university 2 system. For the purposes of this subdivision, "facility condition index" 3 shall mean an industry benchmark that measures the ratio of deferred 4 maintenance dollars to replacement dollars for the purposes of analyzing 5 the effect of investing in facility improvements. The apportionment of 6 capital appropriations to each state-operated campus or senior college 7 shall be based on a methodology to be developed by the director of the 8 budget, in consultation with the state university of New York and the 9 city university of New York. 10 § 7. This act shall take effect immediately.