Current through Register Vol. 46, No. 12, March 20, 2024
During the community college fiscal years commencing on and
after July 1, 1975, State financial assistance for community college operating
costs shall be determined by the State University trustees pursuant to section
6304 of the Education Law as
follows:
(a)
Definitions for
this section.
(1)
Net
operating costs, such as gross operating expenditures minus actual
offsetting operating revenues (such as Federal aid) and actual operating
expenditures not allowable for State aid.
(2)
Net operating budget.
Gross operating budget minus budgeted offsetting operating revenues (such as
Federal aid) and budgeted appropriations not allowable for State aid.
(3)
Rental cost for physical
space. The costs of rented physical space as defined by the Chancellor
or designee.
(4)
Disadvantaged students. Students eligible for supplemental
financial assistance in education opportunity programs under criteria
established by State University of New York, pursuant to section
6452 of the Education Law and Subpart 27-2
of this Title (Rules of the Board of Regents).
(5)
Full-time equivalent
student. A hypothetical student who has enrolled in a course load
consisting of 30 semester credit hours or 45 quarter credit hours, or the
equivalent of such credit hours in the case of noncredit course offerings,
during the course of one college fiscal year.
(6)
Full-time equivalent
faculty. One full-time faculty position. To ascertain full-time
equivalent faculty, divide the total class hours taught at the college,
including classroom hours and laboratory hours, by the average classroom and
laboratory hours taught by the college's full-time faculty, excluding overload
hours taught for extra compensation.
Full-time faculty for
this purpose is defined as all personnel holding faculty rank and being paid on
a full-time basis, with the exclusion of:
(i)
persons assigned to perform nonteaching functions including, for example,
personnel holding the title of president, vice-president, dean, librarian,
registrar or student counselor;
(ii) personnel holding the title of, or
formally designated to function as academic department heads, not to exceed one
per department; and
(iii) faculty
members granted release time of at least six credit hours per semester to
undertake duties required under the terms of a grant or contract funded by an
outside agency; provided, however, that such release time is accompanied by an
equivalent reduction in salary or an offsetting recovery of revenues by the
college.
For example, where 100 full-time faculty as defined above
generate 3,200 class hours during the academic year, the average class hours
taught is 32; and where the total class hours taught during the same academic
year is 3,856, the number of full-time equivalent faculty is 120.5 (3,856
divided by 32).
(7)
Costs of instruction and
departmental research. The costs of personal services, equipment and
contractual expenses for instruction and departmental research for the day and
evening sessions, winter intersessions, and summer sessions of the
college.
(8)
Full-time
credit student. A student who is enrolled in a minimum of 12 credit
hours or credit hour equivalents of academic work per semester or
quarter.
(9)
Diploma and
certificate programs. Those programs approved by the State University
of New York and the State Education Department as leading to a recognized
credential, either diploma or certificate.
(b) Before approving the budget of any
community college, the State University trustees shall review such budget and
may make such adjustments thereto, in aggregate amount as they may deem
appropriate with respect to the programs and operation of the college and in
relation to the maximum limitations on State-operating assistance for community
colleges prescribed in this Subchapter. Nothing contained in this Subchapter
shall be deemed to require the approval of any operating budget at the amounts
as herein limited, nor to prevent the operation of a community college in
excess of the amount of the costs approved by the State University trustees,
provided such excess costs shall be borne and paid for or otherwise made
available to or by the local sponsor or sponsors.
(c) Basic State financial assistance.
(1) Full opportunity colleges. The basic
State financial assistance for community colleges, implementing approved full
opportunity programs, shall be the lowest of the following:
(i) two-fifths (40%) of the net operating
budget of the college, or campus of a multiple campus college, as approved by
the State University trustees;
(ii)
two-fifths (40%) of the net operating costs of the college, or campus of a
multiple campus college; or
(iii)
for the 2022/23 college fiscal year and thereafter, the total of the following:
(a) the greater of:
(1) the budgeted or actual number (whichever
is less) of fulltime equivalent students enrolled in programs eligible for
State financial assistance multiplied by $2,997; or
(2) 100 percent of the amount of basic State
financial assistance for community colleges preliminarily approved by the State
University of New York Trustees for the preceding academic year;
and
(b) up to one half (50
percent) of rental costs for physical space.
(2) Non-full opportunity colleges. The basic
State financial assistance for community colleges not implementing approved
full opportunity programs shall be the lowest of the following:
(i) one third (33 percent) of the net
operating budget of the college, or campus of a multiple campus college, as
approved by the State University trustees;
(ii) one third (33 percent) of the net
operating costs of the college, or campus of a multiple campus college;
or
(iii) for the college fiscal year
2022/23 and thereafter, the total of the following:
(a) the greater of:
(1) the budgeted or actual number (whichever
is less) of full-time equivalent students enrolled in programs eligible for
State financial assistance multiplied by $2,497; or
(2) 100 percent of the amount of basic State
financial assistance for community colleges preliminarily approved by the State
University of New York Trustees for the preceding academic year;
and
(b) up to one half (50
percent) of rental cost for physical space.
(3) Notwithstanding the provisions of
paragraphs (1) and (2) of this subdivision, a community college or a new campus
of a multiple campus community college in the process of formation shall be
eligible for basic State financial assistance in the amount of one-third of the
net operating budget or one-third of the net operating costs, whichever is the
lesser, for those colleges not implementing an approved full opportunity
program plan, or two-fifths of the net operating budget or two-fifths of the
net operating costs, whichever is the lesser, for those colleges implementing
an approved full opportunity program, during the organization year and the
first two fiscal years in which students are enrolled.
(d)
Funded enrollment.
Notwithstanding the provisions of this section, assistance
payable for the current community college fiscal year on the basis of full-time
equivalent credit enrollment and noncredit remedial enrollment shall be paid on
an aidable college enrollment defined to be the greater of:
(1) the actual full-time equivalent credit
enrollment and noncredit remedial enrollment for the previous community college
fiscal year; or
(2) the sum of the
following: 50 percent of the actual full-time equivalent credit enrollment and
noncredit remedial enrollment for the previous college fiscal year, plus 30
percent of the actual full-time equivalent credit enrollment and noncredit
remedial enrollment for college fiscal year two years prior, plus 20 percent of
the actual full-time equivalent credit enrollment and noncredit remedial
enrollment for college fiscal year three years prior. For such enrollment full
assistance is payable as provided in clauses (c)(1)(iii)(a)
and (2)(iii)(a) of this section.
(e)
Excess student revenues.
Local sponsors may use funds contained in reserves for
excess student revenue, excluding any excess student revenues attributable to
the current community college fiscal year, for operating support of the
community college program even though said expenditure may cause expenses from
student revenues to exceed one-third of the college's net operating budget
provided that such funds do not cause the college's revenues from the local
sponsor's contributions in aggregate to be less than the comparable rates for
the previous community college fiscal year.