STATE OF NEW YORK ________________________________________________________________________ 2146--A 2023-2024 Regular Sessions IN SENATE January 18, 2023 ___________ Introduced by Sens. GOUNARDES, BAILEY, BRISPORT, BROUK, CHU, CLEARE, COMRIE, FERNANDEZ, GIANARIS, GONZALEZ, HARCKHAM, HOYLMAN-SIGAL, JACK- SON, KAVANAGH, LIU, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SCARCELLA-SPANTON, SEPULVEDA, SERRANO, STAVISKY, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01527-02-3S. 2146--A 2 1 the full potential of a college degree. The New Deal for CUNY gradually 2 increases the ratio of students to full-time faculty at CUNY to 3 nationally recommended levels, with a special emphasis on racial and 4 ethnic diversity in hiring. It also replaces the system of underpayment 5 for contingent faculty with a dignified labor system that provides 6 students with the support they urgently need. CUNY students, perhaps 7 more than any other college population in the country, bear stresses 8 that make it extraordinarily difficult to stay in college, sometimes 9 even to survive. The New Deal for CUNY addresses the urgent need for 10 student support by gradually escalating the hiring of mental health and 11 other counselors to bring CUNY into line with national standards. The 12 New Deal for CUNY mandates that all tuition and student fees for 13 in-state undergraduate students within specified time frames for 14 completion of degree be eliminated, and that the revenue to the colleges 15 that would otherwise derive from tuition and fees be replaced annually 16 by federal, state, and city funds. 17 § 3. Subdivision A of section 6221 of the education law is amended by 18 adding a new paragraph 4-b to read as follows: 19 4-b. Notwithstanding any other provision of law, rule or regulation to 20 the contrary, subject to amounts made available by appropriation, 21 commencing in the two thousand twenty-five--two thousand twenty-six 22 academic year, the city university shall be entitled to annually receive 23 one hundred percent reimbursement for the annual cost of tuition and 24 student fees for each matriculated undergraduate student at a city 25 university senior college and community college who is enrolled in 26 credit-bearing academic coursework and is on track to graduate. The 27 state comptroller shall establish a separate fund for such monies to be 28 distributed to the city university of New York. The city university 29 shall receive an amount equal to the full cost of in-state undergraduate 30 tuition and student fees for each qualifying, matriculated student who 31 successfully completes credit-bearing academic coursework and is on 32 track to graduate. The full cost of tuition shall not include any addi- 33 tional funds the student may receive from any other New York state or 34 federal grant, award, or scholarship program. The deposit of these funds 35 shall be utilized as first dollar awards to the students at the city 36 university. Any student not successfully completing credit-bearing 37 academic coursework in a semester shall still be eligible to receive all 38 other grants, awards, and scholarships for which they qualify but shall 39 not be eligible for the tuition and student fee reimbursement described 40 herein. Students shall be eligible to receive a one semester exemption 41 from the requirement to complete credit-bearing academic coursework for 42 such tuition reimbursement as promulgated by the higher education 43 services corporation. Such exemption shall not preclude any student from 44 exercising their right to appeal pursuant to higher education services 45 corporation policy. The state comptroller shall deposit such monies with 46 the city university no later than thirty days after the start of the 47 semester. 48 § 4. Section 6206 of the education law is amended by adding three new 49 subdivisions 23, 24 and 25 to read as follows: 50 23. Each community college and senior college of the city university 51 of New York shall maintain, at a minimum, a ratio of one clinical, non- 52 student mental health staff member per one thousand students. Within two 53 years of the effective date of this subdivision, each community and 54 senior college shall establish, and require a meeting of, a board of 55 advisors having expertise in the area of clinical mental health 56 services. The advisory boards shall, using current data, update andS. 2146--A 3 1 modify, as necessary, such ratios based on actual ratios in this state 2 and any new information related to appropriate benchmarks for clini- 3 cian-to-student ratios. Data collected by the advisory boards may be 4 used as a means to increase the number of mental health staff members. 5 In no event shall the ratio fall below one clinical, non-student mental 6 health staff member per one thousand students. Following the initial 7 meeting, advisory boards shall meet once every five years. This subdivi- 8 sion shall not be funded by student tuition or fees created on or after 9 the effective date of this subdivision. Community colleges and senior 10 colleges in the city university of New York may seek federal funding or 11 private grants, if available, to further expand and support the 12 provisions of this subdivision. Any faculty and staff hired through the 13 assistance of federal funding or private grants pursuant to this subdi- 14 vision shall be treated and classified as full-time public employees and 15 covered under any collectively bargained contracts in their respective 16 bargaining units. The city university shall report annually, on July 17 first, to the chair of the senate finance committee, the chair of the 18 assembly ways and means committee, the chair of the senate higher educa- 19 tion committee, and the chair of the assembly higher education committee 20 on the following criteria: 21 a. the ratio of clinical and non-student mental health staff employed 22 and what that number equates to per student; 23 b. the number of full-time mental health staff, and number of part- 24 time mental health staff per campus, including those who may not possess 25 the title mental health staff but are primarily employed to perform and 26 carry out the duties typically assigned to, and function as, mental 27 health staff; and 28 c. the mean and median number of students receiving services per 29 campus in the two thousand twenty-five--two thousand twenty-six academic 30 year and in the academic year in which the report is prepared from full- 31 time mental health staff, and from part-time academic advisor. 32 24. Commencing in the two thousand twenty-five--two thousand twenty- 33 six academic year each community college and senior college of the city 34 university of New York shall maintain a minimum academic staffing ratio 35 of forty-five full-time faculty members per one thousand full-time 36 equivalent students. Commencing in the two thousand twenty-six--two 37 thousand twenty-seven academic year each community college and senior 38 college of the city university of New York shall maintain a minimum 39 academic staffing ratio of fifty full-time faculty members per one thou- 40 sand full-time equivalent students. Commencing in the two thousand 41 twenty-seven--two thousand twenty-eight academic year each community 42 college and senior college of the city university of New York shall 43 maintain a minimum academic staffing ratio of fifty-five full-time 44 faculty members per one thousand full-time equivalent students. 45 Commencing in the two thousand twenty-eight--two thousand twenty-nine 46 academic year each community college and senior college of the city 47 university of New York shall maintain a minimum academic staffing ratio 48 of sixty full-time faculty members per one thousand full-time equivalent 49 students. Commencing in the two thousand twenty-nine--two thousand thir- 50 ty academic year and each year thereafter, each community college and 51 senior college of the city university of New York shall maintain a mini- 52 mum academic staffing ratio of sixty-five full-time faculty members per 53 one thousand full-time equivalent students. This subdivision shall not 54 be funded by student fees created on or after the effective date of this 55 subdivision. Any faculty or staff hired through the assistance of feder- 56 al funding or private grants pursuant to this subdivision shall beS. 2146--A 4 1 treated and classified as full-time public employees and covered under 2 any collectively bargained contracts in their respective bargaining 3 units. The city university shall utilize national searches to ensure 4 recruitment of diverse faculty from underrepresented racial, ethnic, and 5 gender groups, and prioritize the creation of full-time faculty posi- 6 tions for adjunct faculty currently employed by the university in order 7 to meet the minimum academic staffing ratios described herein. The city 8 university shall report annually, on July first, to the chair of the 9 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. data that indicates whether the city university is in compliance 14 with the mandatory minimum academic staffing ratios established pursuant 15 to this subdivision; 16 b. the number by campus, in the two thousand twenty-five--two thousand 17 twenty-six academic year and in the academic year in which the report is 18 prepared, of each full-time tenured faculty, full-time tenure-track 19 faculty, full-time non-tenure track faculty, including those who may not 20 have a faculty or academic job title but perform instructional duties 21 and number of faculty lines and unfilled faculty positions; 22 c. the mean and median class size by campus in the two thousand twen- 23 ty-five--two thousand twenty-six academic year and in the academic year 24 in which the report is prepared, for full-time tenured faculty, full- 25 time tenure-track faculty, and full-time non-tenure track faculty and 26 instructional staff; 27 d. the mean and median class size by level for remedial one hundred 28 level introductory courses, and two hundred level mid-level courses and 29 above for completion of an associate degree and baccalaureate degree in 30 the two thousand twenty-five--two thousand twenty-six academic year and 31 in the academic year in which the report is prepared; 32 e. the number of part-time non-tenure track faculty in the two thou- 33 sand twenty-five--two thousand twenty-six academic year and in the 34 academic year in which the report is prepared, including those who may 35 not have a faculty or academic job title but perform instructional 36 duties, by campus; and 37 f. the mean and median class size by campus for part-time non-tenure 38 track faculty and instructional staff in the two thousand twenty-five-- 39 two thousand twenty-six academic year and in the academic year in which 40 the report is prepared. 41 25. Commencing in the two thousand twenty-five--two thousand twenty- 42 six academic year each community college and senior college of the city 43 university of New York shall maintain, at a minimum, a ratio of one 44 academic advisor per six hundred full-time equivalent students. Commenc- 45 ing in the two thousand twenty-six--two thousand twenty-seven academic 46 year, the minimum staffing ratio for academic advisors at each community 47 college and senior college of the city university of New York shall be 48 one academic advisor per every four hundred full-time equivalent 49 students. Commencing in the two thousand twenty-seven--two thousand 50 twenty-eight academic year, the minimum staffing ratio for academic 51 advisors at each community college and senior college of the city 52 university of New York shall be one academic advisor for every three 53 hundred full-time equivalent students. Commencing in the two thousand 54 twenty-eight--two thousand twenty-nine academic year, and every year 55 thereafter, the minimum staffing ratio for academic advisors at each 56 community college and senior college of the city university of New YorkS. 2146--A 5 1 shall be one academic advisor for every two hundred fifty students. This 2 subdivision shall not be funded by student tuition or fees created on or 3 after its effective date. Community colleges and senior colleges in the 4 city university of New York may seek federal funding or private grants, 5 if available, to further expand and support the provisions of this 6 subdivision. Any faculty and staff hired through the assistance of 7 federal funding or private grants pursuant to this subdivision shall be 8 treated and classified as full-time public employees and covered under 9 any collectively bargained contracts in their respective bargaining 10 units. The city university shall report annually on July first to the 11 chair of the senate finance committee, the chair of the assembly ways 12 and means committee, the chair of the senate higher education committee, 13 and the chair of the assembly higher education committee. The report 14 shall include, but not be limited to, the following criteria: 15 a. whether the city university is in compliance with the mandatory 16 minimum academic advisor staffing ratios established pursuant to this 17 subdivision; 18 b. the number of full-time academic advisors per campus, and number of 19 part-time academic advisors, including those who may not possess the 20 title academic advisor but are primarily employed to perform and carry 21 out the duties typically assigned to, and function as, an academic advi- 22 sor; and 23 c. the mean and median number of student advisees, per full-time and 24 part-time academic advisor per campus in the two thousand twenty-five-- 25 two thousand twenty-six academic year and in the academic year in which 26 the report is prepared. 27 § 5. The second undesignated paragraph of section 6220 of the educa- 28 tion law is amended by adding a new subparagraph 16-a to read as 29 follows: 30 16-a. Part-time and adjunct faculty shall receive wages and compen- 31 sation equal to those in the lecturer title of this section based on 32 comparable hours, duties and level of responsibility assigned to those 33 in the title of lecturer. Commensurate increases in wages and compen- 34 sation for adjunct faculty with professoriate titles shall correlate to 35 the appropriate professor, associate professor, and assistant professor 36 titles as bargained. 37 § 6. Section 22-c of the state finance law is amended by adding a new 38 subdivision 7 to read as follows: 39 7. For the fiscal year beginning on April first, two thousand twenty- 40 four and every fifth fiscal year thereafter, the governor shall submit 41 to the legislature as part of the annual executive budget, five-year 42 capital plans for the state university of New York state operated 43 campuses and city university of New York senior colleges. Such plans 44 shall provide for the annual appropriation of capital funds to cover one 45 hundred percent of the annual critical maintenance needs identified by 46 each university system, and may include funds for new infrastructure or 47 other major capital initiatives, provided that such funding for new 48 infrastructure or other major capital initiatives shall not count 49 towards meeting the overall critical maintenance requirement. In the 50 event that such plan is unable to fund one hundred percent of the crit- 51 ical maintenance needs due to the limitation imposed by article five-B 52 of this chapter, the director of the budget shall develop five-year 53 capital plans whereby the implementation of each capital plan would 54 annually reduce the overall facility condition index for each university 55 system. For the purposes of this subdivision, "facility condition index" 56 shall mean an industry benchmark that measures the ratio of deferredS. 2146--A 6 1 maintenance dollars to replacement dollars for the purposes of analyzing 2 the effect of investing in facility improvements. The apportionment of 3 capital appropriations to each state-operated campus or senior college 4 shall be based on a methodology to be developed by the director of the 5 budget, in consultation with the state university of New York and the 6 city university of New York. 7 § 7. This act shall take effect immediately.