2023 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:
* NB Effective until July 1, 2024
*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 (vi) of this paragraph or, in the alternative,
the requirements set forth in paragraph (b) of this subdivision:
* NB Effective July 1, 2024
(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.
* (vi)  The  institution must have total endowment assets of less than
seven hundred fifty million dollars ($750,000,000), based  on  the  most
recent  academic  year  data  collected  in the Integrated Postsecondary
Education Data  System,  as  required  under  Title  IV  of  the  Higher
Education  Act  of  1965,  as amended, and reported by the Department of
Education's National Center for Education Statistics.
* NB Effective July 1, 2024
(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.
* (vi) The sponsoring college must have total endowment assets of less
than  seven  hundred  fifty million dollars ($750,000,000), based on the
most recent academic year data collected in the Integrated Postsecondary
Education Data  System,  as  required  under  Title  IV  of  the  Higher
Education  Act  of  1965,  as amended, and reported by the Department of
Education's National Center for Education Statistics.
* NB Effective July 1, 2024
* 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.
* NB Effective until July 1, 2024
* 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. Notwithstanding the preceding provisions of
this subdivision, in the event that the  total  amount  of  such  annual
apportionments   to   all   institutions  meeting  the  requirements  of
subdivision two of this section would otherwise exceed the total  amount
appropriated   for   unrestricted   aid   to  independent  colleges  and
universities, the annual apportionment to each such institution shall be
reduced proportionally.
* NB Effective July 1, 2024
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.