Bill Text: NY S02146 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 27-0)
Status: (Introduced) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S02146 Detail]
Download: New_York-2023-S02146-Introduced.html
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 27-0)
Status: (Introduced) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S02146 Detail]
Download: New_York-2023-S02146-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2146 2023-2024 Regular Sessions IN SENATE January 18, 2023 ___________ Introduced by Sens. GOUNARDES, BAILEY, BRISPORT, CLEARE, COMRIE, GIANAR- IS, HARCKHAM, HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVI- SKY, THOMAS -- 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 22 nationally recommended levels, with a special emphasis on racial and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01527-01-3S. 2146 2 1 ethnic diversity in hiring. It also replaces the system of underpayment 2 for contingent faculty with a dignified labor system that provides 3 students with the support they urgently need. CUNY students, perhaps 4 more than any other college population in the country, bear stresses 5 that make it extraordinarily difficult to stay in college, sometimes 6 even to survive. The New Deal for CUNY addresses the urgent need for 7 student support by gradually escalating the hiring of mental health and 8 other counselors to bring CUNY into line with national standards. The 9 New Deal for CUNY mandates that all tuition and student fees for 10 in-state undergraduate students within specified time-frames for 11 completion of degree be eliminated, and that the revenue to the colleges 12 that would otherwise derive from tuition and fees be replaced annually 13 by federal, state, and city funds. 14 § 3. Subdivision A of section 6221 of the education law is amended by 15 adding a new paragraph 4-b to read as follows: 16 4-b. Notwithstanding any other provision of law, rule or regulation to 17 the contrary, subject to amounts made available by appropriation, 18 commencing in the two thousand twenty-four--two thousand twenty-five 19 academic year, the city university shall be entitled to annually receive 20 one hundred percent reimbursement for the annual cost of tuition and 21 student fees for each matriculated undergraduate student at a city 22 university senior college and community college who is enrolled in 23 credit-bearing academic coursework and is on track to graduate. The 24 state comptroller shall establish a separate fund for such monies to be 25 distributed to the city university of New York. The city university 26 shall receive an amount equal to the full cost of in-state undergraduate 27 tuition and student fees for each qualifying, matriculated student who 28 successfully completes credit-bearing academic coursework and is on 29 track to graduate. The full cost of tuition shall not include any addi- 30 tional funds the student may receive from any other New York state or 31 federal grant, award, or scholarship program. The deposit of these funds 32 shall be utilized as first dollar awards to the students at the city 33 university. Any student not successfully completing credit-bearing 34 academic coursework in a semester shall still be eligible to receive all 35 other grants, awards, and scholarships for which they qualify but shall 36 not be eligible for the tuition and student fee reimbursement described 37 herein. Students shall be eligible to receive a one semester exemption 38 from the requirement to complete credit-bearing academic coursework for 39 such tuition reimbursement as promulgated by the higher education 40 services corporation. Such exemption shall not preclude any student from 41 exercising their right to appeal pursuant to higher education services 42 corporation policy. The state comptroller shall deposit such monies with 43 the city university no later than thirty days after the start of the 44 semester. 45 § 4. Section 6206 of the education law is amended by adding three new 46 subdivisions 22, 23 and 24 to read as follows: 47 22. Each community college and senior college of the city university 48 of New York shall maintain, at a minimum, a ratio of one clinical, non- 49 student mental health staff member per one thousand students. Within two 50 years of the effective date of this subdivision, each community and 51 senior college shall establish, and require a meeting of, a board of 52 advisors having expertise in the area of clinical mental health 53 services. The advisory boards shall, using current data, update and 54 modify, as necessary, such ratios based on actual ratios in this state 55 and any new information related to appropriate benchmarks for clini- 56 cian-to-student ratios. Data collected by the advisory boards may beS. 2146 3 1 used as a means to increase the number of mental health staff members. 2 In no event shall the ratio fall below one clinical, non-student mental 3 health staff member per one thousand students. Following the initial 4 meeting, advisory boards shall meet once every five years. This subdivi- 5 sion shall not be funded by student tuition or fees created on or after 6 the effective date of this subdivision. Community colleges and senior 7 colleges in the city university of New York may seek federal funding or 8 private grants, if available, to further expand and support the 9 provisions of this subdivision. Any faculty and staff hired through the 10 assistance of federal funding or private grants pursuant to this subdi- 11 vision shall be treated and classified as full-time public employees and 12 covered under any collectively bargained contracts in their respective 13 bargaining units. The city university shall report annually, on July 14 first, to the chair of the senate finance committee, the chair of the 15 assembly ways and means committee, the chair of the senate higher educa- 16 tion committee, and the chair of the assembly higher education committee 17 on the following criteria: 18 a. the ratio of clinical and non-student mental health staff employed 19 and what that number equates to per student; 20 b. the number of full-time mental health staff, and number of part- 21 time mental health staff per campus, including those who may not possess 22 the title mental health staff but are primarily employed to perform and 23 carry out the duties typically assigned to, and function as, mental 24 health staff; and 25 c. the mean and median number of students receiving services per 26 campus in the two thousand twenty-four--two thousand twenty-five academ- 27 ic year and in the academic year in which the report is prepared from 28 full-time mental health staff, and from part-time academic advisor. 29 23. Commencing in the two thousand twenty-four--two thousand twenty- 30 five academic year each community college and senior college of the city 31 university of New York shall maintain a minimum academic staffing ratio 32 of forty-five full-time faculty members per one thousand full-time 33 equivalent students. Commencing in the two thousand twenty-five--two 34 thousand twenty-six academic year each community college and senior 35 college of the city university of New York shall maintain a minimum 36 academic staffing ratio of fifty full-time faculty members per one thou- 37 sand full-time equivalent students. Commencing in the two thousand 38 twenty-six--two thousand twenty-seven academic year each community 39 college and senior college of the city university of New York shall 40 maintain a minimum academic staffing ratio of fifty-five full-time 41 faculty members per one thousand full-time equivalent students. 42 Commencing in the two thousand twenty-seven--two thousand twenty-eight 43 academic year each community college and senior college of the city 44 university of New York shall maintain a minimum academic staffing ratio 45 of sixty full-time faculty members per one thousand full-time equivalent 46 students. Commencing in the two thousand twenty-eight--two thousand 47 twenty-nine academic year and each year thereafter, each community 48 college and senior college of the city university of New York shall 49 maintain a minimum academic staffing ratio of sixty-five full-time 50 faculty members per one thousand full-time equivalent students. This 51 subdivision shall not be funded by student fees created on or after the 52 effective date of this subdivision. Any faculty or staff hired through 53 the assistance of federal funding or private grants pursuant to this 54 subdivision shall be treated and classified as full-time public employ- 55 ees and covered under any collectively bargained contracts in their 56 respective bargaining units. The city university shall utilize nationalS. 2146 4 1 searches to ensure recruitment of diverse faculty from underrepresented 2 racial, ethnic, and gender groups, and prioritize the creation of full- 3 time faculty positions for adjunct faculty currently employed by the 4 university in order to meet the minimum academic staffing ratios 5 described herein. The city university shall report annually, on July 6 first, to the chair of the senate finance committee, the chair of the 7 assembly ways and means committee, the chair of the senate higher educa- 8 tion committee, and the chair of the assembly higher education commit- 9 tee. The report shall include, but not be limited to, the following 10 criteria: 11 a. data that indicates whether the city university is in compliance 12 with the mandatory minimum academic staffing ratios established pursuant 13 to this subdivision; 14 b. the number by campus, in the two thousand twenty-four--two thousand 15 twenty-five academic year and in the academic year in which the report 16 is prepared, of each full-time tenured faculty, full-time tenure-track 17 faculty, full-time non-tenure track faculty, including those who may not 18 have a faculty or academic job title but perform instructional duties 19 and number of faculty lines and unfilled faculty positions; 20 c. the mean and median class size by campus in the two thousand twen- 21 ty-four--two thousand twenty-five academic year and in the academic year 22 in which the report is prepared, for full-time tenured faculty, full- 23 time tenure-track faculty, and full-time non-tenure track faculty and 24 instructional staff; 25 d. the mean and median class size by level for remedial one hundred 26 level introductory courses, and two hundred level mid-level courses and 27 above for completion of an associate degree and baccalaureate degree in 28 the two thousand twenty-four--two thousand twenty-five academic year and 29 in the academic year in which the report is prepared; 30 e. the number of part-time non-tenure track faculty in the two thou- 31 sand twenty-four--two thousand twenty-five academic year and in the 32 academic year in which the report is prepared, including those who may 33 not have a faculty or academic job title but perform instructional 34 duties, by campus; and 35 f. the mean and median class size by campus for part-time non-tenure 36 track faculty and instructional staff in the two thousand twenty-four-- 37 two thousand twenty-five academic year and in the academic year in which 38 the report is prepared. 39 24. Commencing in the two thousand twenty-four--two thousand twenty- 40 five academic year each community college and senior college of the city 41 university of New York shall maintain, at a minimum, a ratio of one 42 academic advisor per six hundred full-time equivalent students. Commenc- 43 ing in the two thousand twenty-five--two thousand twenty-six academic 44 year, the minimum staffing ratio for academic advisors at each community 45 college and senior college of the city university of New York shall be 46 one academic advisor per every four hundred full-time equivalent 47 students. Commencing in the two thousand twenty-six--two thousand twen- 48 ty-seven academic year, the minimum staffing ratio for academic advisors 49 at each community college and senior college of the city university of 50 New York shall be one academic advisor for every three hundred full-time 51 equivalent students. Commencing in the two thousand twenty-seven--two 52 thousand twenty-eight academic year, and every year thereafter, the 53 minimum staffing ratio for academic advisors at each community college 54 and senior college of the city university of New York shall be one 55 academic advisor for every two hundred fifty students. This subdivision 56 shall not be funded by student tuition or fees created on or after itsS. 2146 5 1 effective date. Community colleges and senior colleges in the city 2 university of New York may seek federal funding or private grants, if 3 available, to further expand and support the provisions of this subdivi- 4 sion. Any faculty and staff hired through the assistance of federal 5 funding or private grants pursuant to this subdivision shall be treated 6 and classified as full-time public employees and covered under any 7 collectively bargained contracts in their respective bargaining units. 8 The city university shall report annually on July first to the chair of 9 the senate finance committee, the chair of the assembly ways and means 10 committee, the chair of the senate higher education committee, and the 11 chair of the assembly higher education committee. The report shall 12 include, but not be limited to, the following criteria: 13 a. whether the city university is in compliance with the mandatory 14 minimum academic advisor staffing ratios established pursuant to this 15 subdivision; 16 b. the number of full-time academic advisors per campus, and number of 17 part-time academic advisors, including those who may not possess the 18 title academic advisor but are primarily employed to perform and carry 19 out the duties typically assigned to, and function as, an academic advi- 20 sor; and 21 c. the mean and median number of student advisees, per full-time and 22 part-time academic advisor per campus in the two thousand twenty-four-- 23 two thousand twenty-five academic year and in the academic year in which 24 the report is prepared. 25 § 5. The second undesignated paragraph of section 6220 of the educa- 26 tion law is amended by adding a new subparagraph 16-a to read as 27 follows: 28 16-a. Part-time and adjunct faculty shall receive wages and compen- 29 sation equal to those in the lecturer title of this section based on 30 comparable hours, duties and level of responsibility assigned to those 31 in the title of lecturer. Commensurate increases in wages and compen- 32 sation for adjunct faculty with professoriate titles shall correlate to 33 the appropriate professor, associate professor, and assistant professor 34 titles as bargained. 35 § 6. Section 22-c of the state finance law is amended by adding a new 36 subdivision 7 to read as follows: 37 7. For the fiscal year beginning on April first, two thousand twenty- 38 three and every fifth fiscal year thereafter, the governor shall submit 39 to the legislature as part of the annual executive budget, five-year 40 capital plans for the state university of New York state operated 41 campuses and city university of New York senior colleges. Such plans 42 shall provide for the annual appropriation of capital funds to cover one 43 hundred percent of the annual critical maintenance needs identified by 44 each university system, and may include funds for new infrastructure or 45 other major capital initiatives, provided that such funding for new 46 infrastructure or other major capital initiatives shall not count 47 towards meeting the overall critical maintenance requirement. In the 48 event that such plan is unable to fund one hundred percent of the crit- 49 ical maintenance needs due to the limitation imposed by article five-B 50 of this chapter, the director of the budget shall develop five-year 51 capital plans whereby the implementation of each capital plan would 52 annually reduce the overall facility condition index for each university 53 system. For the purposes of this subdivision, "facility condition index" 54 shall mean an industry benchmark that measures the ratio of deferred 55 maintenance dollars to replacement dollars for the purposes of analyzing 56 the effect of investing in facility improvements. The apportionment ofS. 2146 6 1 capital appropriations to each state-operated campus or senior college 2 shall be based on a methodology to be developed by the director of the 3 budget, in consultation with the state university of New York and the 4 city university of New York. 5 § 7. This act shall take effect immediately.
