This procedure outlines the steps to be taken by community colleges to request authorization to provide educational services beyond their sponsorship area. Pursuant to NYS Education Law § 6302(1) (authorization to establish community colleges) and §6305(2) (non-resident and out-of-state students), Community College Regulations § 601.5 (community college service areas) authorizes community colleges to conduct operations outside of their sponsorship area subject to the following conditions:
1. Educational services furnished pursuant to §601.5 are limited to counties that neither sponsor a community college nor have located within their boundaries a University College of Technology, except where cooperative and joint agreements have been developed.
2. All agreements are subject to approval by the University Trustees, the University chancellor, or the University vice chancellor for community colleges, depending on the extent and nature of the educational service to be provided for the new service area and whether an amendment to the University master plan is appropriate.
3. The community college requesting authorization to provide educational services beyond its sponsorship area shall submit to the office of the University vice chancellor for community colleges a request to proceed with negotiations concerning the proposed service area. Such request shall contain:
a. a detailed description of the proposed service area to be served and a description of the services to be offered;
b. a synopsis of the discussions which have taken place regarding the proposed service;
c. indication that the intent to offer proposed services has been shared with all University campuses in the coordinating area in which the services will be offered, and that they have had an opportunity to make written comments to the community college making the request and University system administration staff.
5. The University vice chancellor for community colleges will consider the comments and recommendations from these offices before authorizing the requesting community college to enter into final negotiations with the qualified local sponsor in the proposed service area. Any subsequent agreement is subject to review and approval in accordance with the regulations of the University Board of Trustees.
6. Once such agreement is negotiated and duly authorized by the qualified local sponsor, the Board of Trustees of the community college and the local sponsor of the community college, it shall be forwarded to the office of the University counsel for review and then to the office of the University vice chancellor for community colleges for final review and approval.
7. This procedure applies to credit and non-credit programs.
1. the contracting local entity shall pay an appropriate share of the expense involved in the local sponsor's community college program where students who attend the program reside within the jurisdiction of the contracting local entity;
2. the appropriate share with respect to operating costs shall be determined by the operating chargeback rate on an FTE student basis established for the community college;
3. this chargeback share is applicable to all approved credit courses taken by students approved by the college, regardless of age or current educational status;
4. the appropriate share with respect to capital costs shall be determined by the capital chargeback rate established for the community college (capital costs shall be paid by the contracting local entity only in the event that capital costs are generated solely because of the program provided by the community college); and
5. when students reside outside of the areas of both the sponsor and the contracting local entity, the allocable portion to be paid by the county of residence for operating and capital costs shall be the amount established for the residents of the contracting local entity and paid to the college.
Contracting local entity – a county that does not sponsor a community college or have located within its geographic boundary a University College of Technology or any city, intermediate school district or school district within such a county.
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The following links to FindLaw's New
York State Laws are provided for users' convenience; it is not the official
site for the State of
Education Law § 6302 (1) (Authorization to establish community colleges.)
NYS Education Law § 6305 (2) (Non-resident and out-of-state students.)
In case of questions, readers are advised to refer to the New York State Legislature site for the menu of New York State Consolidated.
Memorandum to presidents from office of the associate chancellor for community colleges dated November 13, 1978 supersedes memo to presidents dated March 29, 1974 and clarifies or revises certain procedures for implementing the policy, which authorized community colleges, subject to University approval, to offer educational services beyond their existing sponsorship areas.
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