N.Y. Comp. Codes R. & Regs. tit. 8 § 602.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 602.8 - [Effective until 12/6/2024] Limitations on operating costs for purposes of State financial assistance

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 Board of Trustees;

(ii) two-fifths (40%) of the net operating costs of the college, or campus of a multiple campus college; or

(iii) for the 2024/25 college fiscal year 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 $2,997; or

(2) 100 percent of the amount of basic State financial assistance for community colleges preliminarily approved by the State University of New York Board of Trustees for the preceding academic year; plus

(b) an allocation provided from the total $8,000,000 provided for additional operating services and expenses for community colleges, pursuant to a plan approved by the State University Board of Trustees and further approved by the director of the New York State Budget, to support the operating costs of said approved plan and allocation; and

(c) 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 fulltime 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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 602.8

Amended, New York State Register October 1, 2014/Volume XXXVI, Issue 39, eff. 10/1/2014

Amended New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff. 9/30/2015

Amended New York State Register October 5, 2016/Volume XXXVIII, Issue 40, eff. 10/5/2016

Amended New York State Register October 4, 2017/Volume XXXIX, Issue 40, eff. 10/4/2017

Amended, New York State Register October 3, 2018/Volume XL, Issue 40, eff. 10/3/2018

Amended New York State Register October 16, 2019/Volume XLI, Issue 42, eff. 10/16/2019

Amended New York State Register April 8, 2020/Volume XLII, Issue 14, eff. 4/8/2020

Amended New York State Register October 20, 2021/Volume XLIII, Issue 42, eff. 10/20/2021

Amended New York State Register October 12, 2022/Volume XLIV, Issue 41, eff. 10/12/2022

Amended New York State Register October 16, 2024/Volume XLVI, Issue 42, eff. 10/16/2024

Amended New York State Register October 23, 2024/Volume XLVI, Issue 43, eff. 10/8/2024, exp. 12/6/2024 (Emergency)