Authorizes community colleges, college sponsors, and local governments to establish community college regions to sponsor an existing community college

Summary of provisions

Section 1 amends subdivision two of section 6302 of the Education Law to remove a restriction which currently limits the availability of community college regions as an optional form of community college sponsorship only to existing community colleges outside of New York City sponsored by a school district or a city.

Section 2 amends section 6310 of the Education Law by adding a number of specific provisions providing for the transfer of sponsorship of a community college from its existing sponsor to a community college region, including the transfer of community college assets, the assumption by the community college region of the liabilities and obligations of the community college, the retention of community college employees by the community college region, the recognition and retention of employment and collective bargaining benefits enjoyed by such employees after the transfer of sponsorship to a community college region, and the authorization of all actions necessary by the parties to the sponsorship transfer to avoid the possible invalidation of actions taken in good faith to accomplish transfer due to the inadvertent failure to follow specific technical procedures. These provisions had previously been contained in special legislation passed with, and applicable only to, the establishment of the Coming and Jamestown Community College Regions.

Justification

In 1985, the chancellor of State University established a task force to review and make appropriate recommendations in response to findings on community colleges made in The Challenge and the Choice the Report of the Independent Commission on the Future of the State University. The task force was made up of four committees which studied the areas of governance, articulation, academic and general programmatic issues, and funding, Several recommendations were developed for each area. The governance recommendations addressed, among other matters, concerns related to the governance and fiscal operations of community colleges.

Noting "persistent problems" experienced by some colleges in obtaining adequate financial support from local sponsors, both the Independent Commission on the Future of State University and the succeeding Chancellor's Task Force on Community Colleges recommended governance by community college regions as an optional alternative form of college sponsorship.

In recommending the regional alternative, the Governance Committee of the Chancellor's Task Force noted:

There are also community colleges which, for a variety of reasons, have other problems which cannot be adequately addressed by change of the fiscal mode of operation, For these colleges a more basic structural change may be required, such as a regional sponsorship... Regionalism has been implemented successfully at Corning Community College...

In 1995, the State University chancellor appointed a task force to again examine critical issues related to the administration and governance of SUNY's community colleges, The task force was composed of community college presidents, trustees, and faculty, as well as a president of a SUNY State-operated college and a representative of the New York State Association of Counties, Citing continued financial difficulties faced by community college sponsors throughout New York State which continue to affect their ability to maintain necessary levels of support for their community colleges, the task force recommended broadening the availability of the authorization to establish a community college region to any existing SUNY community college.

This measure will make available to all SUNY community colleges outside of New York City the statutory authority used to effectuate the establishment of the Corning and Jamestown Community College Regions, Any proposed transfer of an existing community college to a community college region would additionally require approval of the college trustees, all local governments involved, the State University Board of Trustees, and, as appropriate, the passage of special legislation establishing the composition of the community college regional board of trustees and the terms of office of its members.

Over the years community college educational programs, especially business, technical, and career curricula, have assumed a growing importance in local communities. some of the community college sponsors have experienced substantial financial strains maintaining college services and the quality of college academic offerings. This trend is exacerbated by the limited tax base and population of individual local governments in some regions of the State, and the increasing cost of providing mandated services.

Community colleges have become a critical part of the educational structure of these economically hard-pressed areas. In many instances, these colleges represent the only real opportunity for residents of the college's sponsoring locality, and others living within the service area of the college, to obtain post-secondary educational opportunities.

This proposal would allow county governments in the vicinity of community colleges currently sponsored by a county or counties to combine to form a community college region The regional sponsor would have the necessary tax and population base to support high quality college academic and employment training programs to serve the needs of all residents of the college's service area. This would have a positive impact, not only on educational quality, but on regional economic and job development

This legislation would have no effect on the total cost of local government sponsorship of a community college. There would be some shift in the apportionment of this cost among participants in the community college region.

Legislative history

2011-12 S.2016; 2009-2010 S.2921; 2007-08, S.1243; 2005-2006, S.556-A; 2003-2004, S.303; 2002, S.2236; 1999, S.4601

Fiscal implications

There would be no increased cost to the State, since the community funding formula would not be affected.

Effective date

This act shall take effect immediately.