NY Educ L § 6401 (2021)
2021 New York Laws EDN - Education Title 7 - State and City Colleges and Institutions-Cornell University Article 129 - State Aid for Certain Independent Institutions of Higher Education 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 (v) 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.  (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.   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.   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.