Regents Priority Legislative and Budget Proposals 2006

THE UNIVERSITY OF THE STATE OF NEW YORK

Regents of The University

Robert M. Bennett, Chancellor, B.A., M.S. Tonawanda

Adelaide L. Sanford, Vice Chancellor, B.A., M.A., P.D. Hollis

Saul B. Cohen, B.A., M.A., Ph.D. New Rochelle

James C. Dawson, A.A., B.A., M.S., Ph.D. Peru

Anthony S. Bottar, B.A., J.D. North Syracuse

Merryl H. Tisch, B.A., M.A., Ed.D. New York

Geraldine D. Chapey, B.A., M.A., Ed.D. Belle Harbor

Arnold B. Gardner, B.A., LL.B. Buffalo

Harry Phillips, 3rd, B.A., M.S.F.S. Hartsdale

Joseph E. Bowman, Jr., B.A., M.L.S., M.A., M.Ed., Ed.D. Albany

Lorraine A. CortÉs-VÁzquez, B.A., M.P.A. Bronx

James R. Tallon, Jr., B.A., M.A. Binghamton

Milton L. Cofield, B.S., M.B.A., Ph.D. Rochester

John Brademas, B.A., Ph.D. New York

Roger B. Tilles, B.A., J.D. Great Neck

President of The University and Commissioner of Education

Richard P. Mills

Deputy Commissioner, Office of Operations and Management Services

Theresa E. Savo

Director, Office of Governmental Relations

Diana M. Hinchcliff

State Legislative Coordinator

Kerry O. Kirwan

Contents

State Aid Proposal for 2006-2007

Streamlining School District Planning and Reporting

Compliance with Federal Individuals with disabilities Education Act (IDEA)

Funding NOVEL and Library Renovation and Upgrades

Criminal History Check for Office of Cultural Education Employees 

Update the Public Accountancy Statute

Fee for Accrediting Institutions of Higher Education 

Increase Access to College for Students with Disabilities 

Regents Budget Priorities

State Aid Proposal for 2006-2007

• An increase of $1.5 billion over 2005-2006 aid.

• A new Foundation Aid formula to support general education instruction consolidating 29 aids into a single one that:

• Is based on expenses of school districts that were successful in meeting state learning standards

• Is adjusted for pupil need and regional cost

• Includes an expected local contribution as a fair share from the school district

• Includes a minimum increase of two percent and a maximum increase from 10.5 percent to 11.25 percent depending on the district's need.

• A $96 million increase for prekindergarten in a new grant program based on the Foundation Aid amount for each pupil.

• A funding plan for financing full-day kindergarten with $2.8 million for planning grants in 2006-2007.

• A simplified formula for additional aid to help districts with the cost of educating students with disabilities based on expenses in successful school districts.

• Authority for the large city school districts of Yonkers, Rochester, Syracuse and Buffalo to contract with a board of cooperative educational services (BOCES) for certain services.

• A simplified cost allowance for state Building Aid for school construction.

These tables and charts illustrate the effect of the proposal. Exhibit A shows the dollar amounts for specific areas. Exhibit B illustrates that 80 percent of the proposed increase would go to high-need school districts. Exhibits C and D show how the proposed increase would be distributed to groups of school districts in the 2006-2007 school year and at full implementation. Exhibit E indicates that computerized state aid per enrolled pupil will increase under the Regents proposal for each group of districts, with the greatest increases going to high-need school districts.

Streamlining School District Planning and Reporting

This is a three-pronged initiative to reduce the paperwork burden on school districts and BOCES.

First, it would eliminate a substantial portion of the reporting and planning requirements imposed by state statute. A June 2003 report to the governor and legislature identified 55 state statutes that required school districts and BOCES to submit information to the State Education Department (SED). Subsequent staff analysis identified an additional 15 requirements bringing the current total to 70. Nineteen of these requirements would be eliminated entirely with another eight partially eliminated. The remaining statutory requirements are needed for fiscal and programmatic accountability or student health or safety.

Second, once legislation is passed, SED would review its regulations and eliminate those that are duplicative, unnecessary or the result of newly eliminated statutory requirements.

Third, SED would establish streamlined unified data collection systems to eliminate duplicative reporting and limit plans and reports to those necessary to carry out critical state interests, such as maintaining accountability, closing the gap between expected and actual student achievement and protecting health and safety in schools. Federal statutory requirements would be streamlined where possible and state and federal requirements would be aligned. The net effects would be to require data reporting only once and foster continuous improvement in data collection.

Compliance with Federal Individuals with Disabilities Education Act (IDEA)

Chapter 352 of the Laws of 2005 was enacted to ensure that New York State Education Law complied with the federal Individuals with Disabilities Education Act (IDEA). Chapter 352 will expire on June 30, 2006. This proposal would reauthorize and amend Chapter 352.

Reauthorization would ensure state laws continue to comply with IDEA. It would amend: the definition of a student with a disability; the services that must be provided to students with disabilities; the process for developing individualized education programs (IEPs); due process procedures, including mediation, resolution sessions and impartial hearings; provisions for disciplining students; reevaluations; child find requirements; provisions for special education services for students placed in nonpublic schools by their parents; mechanisms for resolving interagency disputes; membership on the Commissioner's Advisory Panel for Special Education; and court appointed surrogate parents.

Failure to enact this legislation would result in a conflict between state and federal laws, exposing both the state and school districts to liability and denying students with disabilities, parents and school districts the benefits they should receive under IDEA.

Funding NOVEL and Library Renovation and Upgrades

Seventy percent of New Yorkers use their local public library but more than 1 million New Yorkers are without a public library. This initiative would ensure that all New Yorkers have access to information and literacy resources. It would provide services to individuals with disabilities; help children and schools reach the new learning standards; connect higher education institutions throughout the state, the country and the world; and provide professionals with access to the most current information in their field through research journals and Internet connections.

The Regents are asking for $14 million to continue and expand the New York Online Virtual Electronic Library (NOVEL). NOVEL is a library without walls-a way to access the full text of hundreds of journals, national and international newspapers, health and medical resources, business collections, and age-appropriate materials for youngsters through the Internet in a library, a school, an office, a hospital or doctor's office, or at home. As of July 2005 more than 5,170 libraries had made NOVEL available to patrons. Use of NOVEL databases soared 1,400 percent between 2001 and 2005 to over 26 million searches a year. Of the $14 million, $5 million would be for purchasing licenses to access databases, which will be used statewide. It would cost communities 30 times more to provide the resources of NOVEL's databases on their own. If funded at the requested level, the databases would save local libraries in excess of $150 million. The Regents request also asks for $8 million to help 7,000 libraries access NOVEL and other electronic services and $1 million for competitive grants for all types of libraries and library systems to digitize and provide access to rare and unique research materials. NOVEL is currently supported by temporary federal funds.

This proposal also requests $30 million to renovate and upgrade public library facilities, many of which are old, decrepit, cramped for space, not accessible to persons with disabilities and not able to accommodate new computer and Internet technologies. A library is the center of community life, particularly in a disadvantaged neighborhood. In partnership with schools, libraries help children with their homework assignments, teach children and non-literate adults to read and immigrants to learn English, present information on health and nutrition, offer books and Internet access that low-income consumers cannot afford to buy, give students a place to study without distractions, conduct prekindergarten programs and provide a place for foster students after school, a safe haven from troubled neighborhoods and space for teen clubs and community meetings.

Criminal History Check for Office of Cultural Education Employees

This proposal would require criminal background checks for new employees hired to work in facilities used by the Office of Cultural Education: the State Museum, State Library and State Archives.

It would include museum employees who interact with children and staff who have regular access to the valuable historical, cultural and scientific collections in the archives, library and museum. Employees such as security guards who have already undergone a background check prior to employment or who have previously passed a background check while working elsewhere in SED would be exempt.

Update the Public Accountancy Statute

While the practice of public accountancy has evolved over the years, the public accountancy statute has not been substantially updated since 1947. The statute should reflect contemporary practice and oversight.

This proposal would include all the professional services that CPAs and public accountants provide as sole practitioners and in public accounting firms and business corporations. It would maintain the current statutory scope of practice of licensees performing audit and attest services and extend the scope of practice to include all professional services provided under the CPA or PA title. Peripheral functions, such as tax accounting, financial management or estate planning would be incorporated into the scope of practice when a CPA, a PA or a public accounting firm performs them.

The proposal would apply to all types of firms, including sole proprietorships, professional service corporations, partnerships, professional service limited liability companies, foreign professional service limited liability companies, professional service limited liability partnerships, foreign professional service limited liability partnerships or any other form of organization lawfully engaged in the practice of public accountancy. SED could revoke a firm's registration or take disciplinary action for violations of law or regulation as a result of disciplinary action by a duly authorized professional disciplinary agency. A CPA licensed by and in good standing in another state could be granted the right to practice public accountancy in New York if that state's requirements are substantially equivalent to New York's. The proposal would eliminate the exemption for mandatory continuing education for public accountants employed in private industry, government or academia and expand the number of subject areas for the concentrated learning option.

All firms providing auditing services would have to undergo an independent review of their administrative and quality control policies and procedures at least once every three years by an organization or firm approved by SED. Firms participating in the federal firm inspection program would be exempt from the quality review requirement. Profession-specific penalties for professional misconduct would be established as would a public accountancy task force consisting of investigators, prosecutors and support staff. A funding mechanism would also be provided to support this new unit.

Fee for Accrediting Institutions of Higher Education

The Board of Regents is the only state entity recognized by the U.S. Department of Education as a national accreditation body for institutions of higher education. Accreditation allows college students to get financial aid (Pell grants and guaranteed student loans) from the federal government. Twenty-six New York colleges and universities use the Board of Regents as their accrediting body instead of private accrediting organizations either because they have a special mission (e.g. graduate education, theology or business) which those organizations cannot accommodate or they prefer the consistency between New York's program registration requirements and its accreditation standards. This proposal would not duplicate other organizations' services; it would provide a cost-effective alternative.

SED would be authorized to charge a fee for its cost for accreditation service. Other accrediting organizations charge fees ranging from $1,000 to $18,000 per year based on the size of the institution. SED's fees would be less, based on the college's size. This program would be self-sufficient; no state funding would be needed.

Increase Access to College for Students with Disabilities

Students with disabilities are graduating from high school and going to college in higher numbers than ever before. The expense of accommodations to level the playing field for these students is cost prohibitive for some colleges and universities. Students often are forced to choose a college based on the support services available instead of academic excellence. Tuition and student fees do not cover the cost of these accommodations. For example, an adaptive computer system can cost $3,000. Interpreter services for a deaf student can cost up to about $40,000 per academic year. The cost of captioning services for a deaf student could be as high as $1,000 per week.

The State University of New York (SUNY), the City University of New York (CUNY), the independent colleges and universities and the degree-granting proprietary colleges in New York in conjunction with the Board of Regents are supporting a request for $15 million in the first year and up to $30 million for the next four years to enable colleges to provide support services. Funding would be allocated annually to the four higher education sectors based on the number of students enrolled (full time and part time, undergraduate and graduate) two years prior. All degree granting institutions of higher education would be eligible. These funds would not supplant monies the higher education sectors receive from existing sources. Recipients would have to demonstrate how they have increased enrollment, retention and graduation rates of students with disabilities.

Regents Budget Priorities

Implementation of the Regents Statewide Plan for Higher Education, 2004-2012

The plan, developed in collaboration with SUNY, CUNY and the independent and proprietary sectors, identifies priorities directed at making the state's higher education system even more effective at meeting the needs of New York's students. The priorities include: maximizing success for all higher education students; ensuring a smooth transition from pre-kindergarten to higher education; meeting New York's needs for graduate and research programs; ensuring an adequate supply of qualified professionals; and providing a balanced and flexible regulatory environment.

* Incentive Grant Program for Colleges and Universities ($4 million)

This would provide grants to improve retention and graduation rates, especially for minority students, and help more students graduate on time.

* Higher Education Opportunity Program (HEOP) ($5.5 million increase)

HEOP provides financial support for students who do not meet the regular entrance requirements for college and are economically disadvantaged. HEOP is one of the few proven strategies for reducing youth underemployment and unemployment in the state.

* Liberty Partnerships Program ($7.2 million increase)

This program provides at-risk secondary school students (5^th through 12^th grades) with services designed to improve their ability to graduate from high school and enter postsecondary education and the workforce. It helps establish collaborative and supportive partnerships between postsecondary education institutions, public and nonpublic K-12 schools, parents, and other stakeholders. There are 57 Liberty Partnerships programs serving over 14,000 students in urban, rural and suburban communities.

* Graduate Education ($4 million)

These funds would pay for competitive doctoral and post-doctoral fellowship programs in academic fields where more scholars are needed for research, faculty assignments and professional practice.

* Teachers of Tomorrow Program

Shortages in the Licensed Professions ($2 million)

There are critical shortages in the licensed professions, such as nursing and pharmacy, that deprive New York residents of needed services. Preparing high school and community college students to enter professional education programs early allows the students to consider long-range career opportunities in the licensed professions. This funding would create a grant program for colleges and universities to establish professional education opportunity programs.

Support for New Classroom Teachers ($26 million increase)

This funding for school districts would enable veteran skilled teachers to support novice teachers through a mentoring program.

Teacher Opportunity Corps (TOC) ($1.8 million increase)

TOC better prepares teachers and prospective teachers to address the learning needs of students at risk and encourages historically underrepresented and economically disadvantaged individuals to enter teaching.

Illegal Practice ($2 million non-state funding)

The implementation of Chapter 615 of the laws of 2003 authorized the State Education Department to prosecute civil cases of illegal practice in the licensed professions. This will require an entirely new unit within SED’s Office of the Professions with specialized staff, including undercover investigators, translators and hearing officers. The requested $2 million will be generated by a surcharge of $10 that would be paid by professional licensees every three years. Associations representing 750,000 professionals concerned about illegal practitioners enthusiastically support the surcharge. This program would be self-sufficient; no state funding would be needed.

This is a cost-effective program that serves individuals with severe disabilities by placing them in integrated job settings. An integrated job setting allows disabled people to work alongside non-disabled employees. Many people who complete the intensive portion of this program require extended services to maintain employment. The increased level of funding is needed to support the increased costs of the Extended Supported Employment program as well as to support individuals with disabilities who no longer meet the Office of Mental Retardation and Developmental Disabilities’ more restrictive eligibility requirements for assistance.

Independent Living Centers ($2 million increase)

New York's 36 Independent Living Centers serve over 72,000 individuals with disabilities and thousands of businesses. They have become the primary resource for information necessary to enhance community integration of people with disabilities. Independent Living Centers increase physical access by providing services such as wheelchairs and adaptive living spaces for the disabled. Communication access is developed and maintained through Independent Living Centers by using technology to aid the disabled in their everyday life. Although the number of individuals accessing independent living services has doubled in the last ten years, funding has remained level. The requested increase is necessary to enable the Independent Living Centers to continue providing essential services in light of increased demand for those services and increased costs to provide those services.

Enhanced SED Staffing Capacity ($1.9 million increase)

This funding would allow SED to hire staff to coordinate new uses of technology in the field (Office of Educational and Academic Technology); conduct summer hands-on learning math and technology workshops for students and teachers (Summer Institutes and Non Public School Services); coordinate college and university evaluation and research and information services; handle the caseload of postsecondary institutions awarded HEOP funds (Collegiate Programs Development); and convert a manual, paperwork system for processing grants for pre-college student preparation programs to a technology-based field oversight and monitoring program to help increase the graduation rate among at-risk students (Pre-collegiate Preparation Programs).

SED is requesting $500,00 for a new Office of Educational and Academic Technology that would coordinate mapping the digital capacity of all the institutions that make up the state’s education network (called the University of the State of New York, or USNY) develop and implement a USNY Technology Policy and Plan, and coordinate federal and state funding for technology use in the field.

Strengthened Accountability ($58.8 million increase)

A dedicated source of funding is needed to implement a strategy of school-by-school reform of low-performing schools. The funding will be used for regional school support centers; academic intervention teams; aid to localities grants; additional staff to provide fiscal oversight to school districts, special education technical assistance and to audit districts on a more frequent basis and review annual school district independent audits; implementing a student data system; a state aid management system; a grants management system and a financial condition indicator system. These services and systems will ensure effective use of school resources and provide strengthened accountability.

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