(l) University means a higher educational institution offering a range of registered undergraduate and graduate curricula in the liberal arts and sciences, [degrees in two or more professional fields, and doctoral programs] including graduate programs registered in at least three [academic fields] of the following discipline areas: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences, and social sciences.

Since publication of a Notice of Proposed Rule Making in the State Register on February 24, 2021, substantive revisions were made to the prosed rule. The Department revised the amendments made to section 50.1(l) of the Commissioner’s regulations to require that institutions that use “university” in their names have a range of registered undergraduate and graduate programs in the liberal arts and sciences including graduate programs in at least 3 of the 10 discipline areas used in the NYS Taxonomy of Academic Programs: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences and social sciences. This amended definition eliminates the requirement that such institutions have any doctoral programs.

1. STATUTORY AUTHORITY:

Education Law § 101 (not subdivided) charges the Department with the general management and supervision of all public schools and all of the educational work of the state.

Education Law § 201 grants the Regents general authority over the corporation, including the name, of the University of the State of New York.

Education Law § 205 grants authority to the Commissioner to enforce all general and special laws relating to the educational system of the state and execute all educational policies determined by the Board of Regents.

Education Law § 207 (not subdivided) grants general rule-making authority to the Regents to carry into effect State educational laws and policies.

Education Law § 211 gives the Regents the authority to periodically review and evaluate State learning standards.

Education Law § 215 authorizes the Regents and/or the Commissioner to visit, examine and inspect any institution in the university and any school or institution under the educational supervision of the state.

Education Law § 224 Education Law grants the Regents the authority to confer by special charter to a university, college or other degree granting institution the ability to confer any degree or use, advertise or transact business under the name university or college.

Education Law § 250 authorizes the Regents to prepare, publish and distribute, the colonial history, natural history and all other state publications not otherwise assigned by law.

Education Law § 305 authorizes the Commissioner to enforce the educational policies of this State and execute all educational policies determined by the Regents and shall prescribe the licensing of teachers employed in this State.

Education Law § 6506 authorizes the Regents to supervise the admission to and the practice of the professions.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the above statutory authority and the purpose of the proposed amendment to section 50.1(l) of the Commissioner’s regulations relating to the definition of the term “university” is to address the concerns presented by the New York State college community. Over the last few years, several New York State colleges, have requested that the Board of Regents consider revising the definition of “university” in New York State. Suggestions have ranged from broadening and clarifying which doctoral programs meet the current definition of “doctoral programs in at least three academic fields,” to eliminating the requirement for any doctoral programs, to revising the definition to state that any institution that offers at least one master’s degree program can use “university” it its name, etc. Colleges have raised several issues to support their request for a regulatory revision, including confusion caused by the word “college” when recruiting international students, and the fact that other states have broader definitions of “university” and, in some cases, draw no distinction between “colleges” and “universities.”

3. NEEDS AND BENEFITS:

At the November 2020 meeting of the Board of Regents, members of the Board expressed interest in considering a revision to the regulatory definition of “university” to address the issues raised by some colleges while, at the same time, maintaining the Board’s high standards for institutions of higher education. Members also expressed interest in receiving input on this matter from New York State institutions of higher education. The Department has received letters from several institutions that outline their continued interest in revising the current definition. Those letters are available upon request from the Secretary to the Board of Regents.

In developing its recommendation on this matter, the Department balanced the interests of institutions of higher education with the Regents’ interest in maintaining high standards and ensuring breadth and depth of academic offerings by institutions that use the word “university” in their names.

The Department recommends that the definition of “university” be amended to read as follows:

“University means a higher educational institution offering a range of registered undergraduate and graduate curricula in the liberal arts and sciences, including graduate programs registered in at least three of the following discipline areas: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences and social sciences.”

To assure depth and breadth of academic offerings by a “university” in New York State, this proposed definition maintains the requirement for a range of undergraduate and graduate programs in the liberal arts and sciences in at least three of the 10 discipline areas used in the NYS Taxonomy of Academic Programs: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences, and social sciences. Consistent with the intent to broaden the definition, this proposal also eliminates the requirement for doctoral programs and “degrees in two or more professional fields.”

This proposed definition provides an opportunity for those institutions that offer a range of academic programs at the undergraduate and graduate level to petition the Board of Regents to amend their charters to use the word “university” in their names. It also ensures breadth and depth of academic offerings by requiring institutions that identify as universities to offer a range of registered undergraduate and graduate programs in the liberal arts and sciences, including graduate programs in at least 3 of the 10 NYS Taxonomy of Academic Programs discipline areas identified above. It will allow those New York chartered institutions that qualify, and secure subsequent charter amendments to more effectively compete and market their programs within the state, nationally and globally.

4. COSTS:

a. Costs to State government: The amendment does not impose any costs on State government, including the State Education Department.

b. Costs to local government: The amendment does not impose any costs on local government.

c. Costs to private regulated parties: The amendment does not impose any costs on private regulated parties.

d. Costs to regulating agency for implementation and continued administration: See above.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any additional program, service, duty or responsibility upon any local government.

6. PAPERWORK:

The proposed amendment does not impose any additional paperwork requirements.

7. DUPLICATION:

The proposed amendment does not duplicate existing State or Federal requirements.

8. ALTERNATIVES:

Because the State believes that the amendment is necessary to bring existing regulations into alignment with current public opinion and policy, no alternatives were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

It is anticipated that the proposed amendment will be presented to the Board of Regents for adoption at its January 2021 meeting. If adopted at the January 2021 meeting, the proposed amendment will become effective on January 26, 2021.

The proposed amendment applies to all higher education institutions including those located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.

The purpose of the proposed amendment to section 50.1(l) of the Commissioner’s regulations relating to the definition of the term “university” is to address the concerns presented by the New York State college community. Over the last few years, several New York State colleges, have requested that the Board of Regents consider revising the definition of “university” in New York State. Suggestions have ranged from broadening and clarifying which doctoral programs meet the current definition of “doctoral programs in at least three academic fields,” to eliminating the requirement for any doctoral programs, to revising the definition to state that any institution that offers at least one master’s degree program can use “university” it its name, etc. Colleges have raised several issues to support their request for a regulatory revision, including confusion caused by the word “college” when recruiting international students, and the fact that other states have broader definitions of “university” and, in some cases, draw no distinction between “colleges” and “universities.”

At the November 2020 meeting of the Board of Regents, members of the Board expressed interest in considering a revision to the regulatory definition of “university” to address the issues raised by some colleges while, at the same time, maintaining the Board’s high standards for institutions of higher education. Members also expressed interest in receiving input on this matter from New York State institutions of higher education. The Department has received letters from several institutions that outline their continued interest in revising the current definition. Those letters are available upon request from the Secretary to the Board of Regents.

In developing its recommendation on this matter, the Department balanced the interests of institutions of higher education with the Regents’ interest in maintaining high standards and ensuring breadth and depth of academic offerings by institutions that use the word “university” in their names.

The Department recommends that the definition of “university” be amended to read as follows:

“University means a higher educational institution offering a range of registered undergraduate and graduate curricula in the liberal arts and sciences, including graduate programs registered in at least three of the following discipline areas: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences and social sciences.”

To assure depth and breadth of academic offerings by a “university” in New York State, this proposed definition maintains the requirement for a range of undergraduate and graduate programs in the liberal arts and sciences in at least three of the 10 discipline areas used in the NYS Taxonomy of Academic Programs: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences, and social sciences. Consistent with the intent to broaden the definition, this proposal also eliminates the requirement for doctoral programs and “degrees in two or more professional fields.”

This proposed definition provides an opportunity for those institutions that offer a range of academic programs at the undergraduate and graduate level to petition the Board of Regents to amend their charters to use the word “university” in their names. It also ensures breadth and depth of academic offerings by requiring institutions that identify as universities to offer a range of registered undergraduate and graduate programs in the liberal arts and sciences, including graduate programs in at least 3 of the 10 NYS Taxonomy of Academic Programs discipline areas identified above. It will allow those New York chartered institutions that qualify, and secure subsequent charter amendments to more effectively compete and market their programs within the state, nationally and globally.

The amendment does not impose any new recordkeeping or other compliance requirements and will not have an adverse economic impact on small businesses or local governments. Because it is evident from the nature of the proposed technical amendment that it will not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

Since publication of a Notice of Proposed Rule Making in the State Register on February 24, 2021, substantive revisions were made to the prosed rule. The Department revised the amendments made to section 50.1(l) of the Commissioner’s regulations to require that institutions that use “university” in their names have a range of registered undergraduate and graduate programs in the liberal arts and sciences including graduate programs in at least 3 of the 10 discipline areas used in the NYS Taxonomy of Academic Programs: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences and social sciences. This amended definition eliminates the requirement that such institutions have any doctoral programs.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed amendment applies to all higher education institutions including those located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.

2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The purpose of the proposed amendment to section 50.1(l) of the Commissioner’s regulations relating to the definition of the term “university” is to address the concerns presented by the New York State college community. Over the last few years, several New York State colleges, have requested that the Board of Regents consider revising the definition of “university” in New York State. Suggestions have ranged from broadening and clarifying which doctoral programs meet the current definition of “doctoral programs in at least three academic fields,” to eliminating the requirement for any doctoral programs, to revising the definition to state that any institution that offers at least one master’s degree program can use “university” it its name, etc. Colleges have raised several issues to support their request for a regulatory revision, including confusion caused by the word “college” when recruiting international students, and the fact that other states have broader definitions of “university” and, in some cases, draw no distinction between “colleges” and “universities.”

At the November 2020 meeting of the Board of Regents, members of the Board expressed interest in considering a revision to the regulatory definition of “university” to address the issues raised by some colleges while, at the same time, maintaining the Board’s high standards for institutions of higher education. Members also expressed interest in receiving input on this matter from New York State institutions of higher education. The Department has received letters from several institutions that outline their continued interest in revising the current definition. Those letters are available upon request from the Secretary to the Board of Regents.

In developing its recommendation on this matter, the Department balanced the interests of institutions of higher education with the Regents’ interest in maintaining high standards and ensuring breadth and depth of academic offerings by institutions that use the word “university” in their names.

The Department recommends that the definition of “university” be amended to read as follows:

“University means a higher educational institution offering a range of registered undergraduate and graduate curricula in the liberal arts and sciences, including graduate programs registered in at least three of the following discipline areas: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences and social sciences.”

To assure depth and breadth of academic offerings by a “university” in New York State, this proposed definition maintains the requirement for a range of undergraduate and graduate programs in the liberal arts and sciences in at least three of the 10 discipline areas used in the NYS Taxonomy of Academic Programs: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences, and social sciences. Consistent with the intent to broaden the definition, this proposal also eliminates the requirement for doctoral programs and “degrees in two or more professional fields.”

This proposed definition provides an opportunity for those institutions that offer a range of academic programs at the undergraduate and graduate level to petition the Board of Regents to amend their charters to use the word “university” in their names. It also ensures breadth and depth of academic offerings by requiring institutions that identify as universities to offer a range of registered undergraduate and graduate programs in the liberal arts and sciences, including graduate programs in at least 3 of the 10 NYS Taxonomy of Academic Programs discipline areas identified above. It will allow those New York chartered institutions that qualify, and secure subsequent charter amendments to more effectively compete and market their programs within the state, nationally and globally.

3. COSTS:

The proposed amendments do not impose any costs on institutional candidates and/or the New York State school districts or the BOCES.

4. MINIMIZING ADVERSE IMPACT:

The proposed amendments are proposed to correct and clarify language, thereby aligning the regulation with its intent. Therefore, no alternatives were considered for those institutions located in rural areas of the State.

5. RURAL AREA PARTICIPATION:

Copies of the proposed amendments have been provided to the State University of New York and the Commission on Independent Colleges and Universities in New York for review and comment.

The purpose of the proposed amendment to section 50.1(l) of the Commissioner’s regulations relating to the definition of the term “university” is to address the concerns presented by the New York State college community. Over the last few years, several New York State colleges, have requested that the Board of Regents consider revising the definition of “university” in New York State. Suggestions have ranged from broadening and clarifying which doctoral programs meet the current definition of “doctoral programs in at least three academic fields,” to eliminating the requirement for any doctoral programs, to revising the definition to state that any institution that offers at least one master’s degree program can use “university” it its name, etc. Colleges have raised several issues to support their request for a regulatory revision, including confusion caused by the word “college” when recruiting international students, and the fact that other states have broader definitions of “university” and, in some cases, draw no distinction between “colleges” and “universities.”

At the November 2020 meeting of the Board of Regents, members of the Board expressed interest in considering a revision to the regulatory definition of “university” to address the issues raised by some colleges while, at the same time, maintaining the Board’s high standards for institutions of higher education. Members also expressed interest in receiving input on this matter from New York State institutions of higher education. The Department has received letters from several institutions that outline their continued interest in revising the current definition. Those letters are available upon request from the Secretary to the Board of Regents.

In developing its recommendation on this matter, the Department balanced the interests of institutions of higher education with the Regents’ interest in maintaining high standards and ensuring breadth and depth of academic offerings by institutions that use the word “university” in their names.

The Department recommends that the definition of “university” be amended to read as follows:

“University means a higher educational institution offering a range of registered undergraduate and graduate curricula in the liberal arts and sciences, including graduate programs registered in at least three of the following discipline areas: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences and social sciences.”

To assure depth and breadth of academic offerings by a “university” in New York State, this proposed definition maintains the requirement for a range of undergraduate and graduate programs in the liberal arts and sciences in at least three of the 10 discipline areas used in the NYS Taxonomy of Academic Programs: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences, and social sciences. Consistent with the intent to broaden the definition, this proposal also eliminates the requirement for doctoral programs and “degrees in two or more professional fields.”

This proposed definition provides an opportunity for those institutions that offer a range of academic programs at the undergraduate and graduate level to petition the Board of Regents to amend their charters to use the word “university” in their names. It also ensures breadth and depth of academic offerings by requiring institutions that identify as universities to offer a range of registered undergraduate and graduate programs in the liberal arts and sciences, including graduate programs in at least 3 of the 10 NYS Taxonomy of Academic Programs discipline areas identified above. It will allow those New York chartered institutions that qualify, and secure subsequent charter amendments to more effectively compete and market their programs within the state, nationally and globally.

Because it is evident from the nature of the proposed amendment that it will have no impact on the number of jobs or employment opportunities in New York State, no further steps were needed to ascertain that fact and none were taken.

Since publication of the Notice of Proposed Rule Making in the State Register on February 24, 2021, the State Education Department (Department) received the following comments on the proposed amendments. Below is an assessment of the public comments received.

1. COMMENT: One Commenter strongly suggested that the Board of Regents consider master’s level programming as the baseline qualification for university status in New York State.

DEPARTMENT RESPONSE: The Department agrees with this comment and has revised its proposed amended definition of “university” to require registered graduate programs in at least three of the stated discipline areas, which may or may not include doctoral programs. Therefore, no additional revisions to the proposed amendment are necessary.

2. COMMENT: Numerous commenters, signing an identical form letter, supported the Department’s proposed amendment, but suggested that, “in order for independent institutions of higher education to survive, continue to serve successful students, and provide critical jobs in our communities and across NYS” greater flexibility in the use of the term “university” is needed. Commenters suggest that the definition proposed by the Department be modified to permit an eligible institution that offers a range of registered undergraduate and graduate curricula in the liberal arts and sciences and doctoral programs registered in at least two (versus three) of the following discipline areas: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences, and social sciences, be permitted to use the term “University”.

DEPARTMENT RESPONSE: The Department believes that the definition of “university” should include graduate level programs in at least three of the stated disciplinary areas, however, the Department has revised its proposed amended to remove the requirement for doctoral programs. No further revisions to the proposed amendment are necessary.

3. COMMENT: One Commenter, writing on behalf of many constituent organizations, stated its support of the Department’s proposal to amend the definition of “university” but stated that the proposal “does not go far enough to clarify and broaden the term in a way that would align New York with other states and nations.” Commenter stated further that an institution’s inability to use “university” is a competitive disadvantage when recruiting nationally and internationally and recruiting online. Commenter also opined that master’s-level programs bring academic benefits to all degree levels at an institution since master’s programs require a higher level of commitment to research for faculty and for students. Although the Department’s proposed revision would allow all doctoral programs to be considered, Commenter argues that the definition remains overly restrictive since it requires that an institution offer at least three doctorates in three different discipline areas. Requiring a specific number of doctoral programs and requiring that those doctorates be offered in three different disciplines is arbitrary and counter to the use of “university” in all other states and nations. The Commenter proposes two possible alternatives to the Department’s suggested definition. (1) that a university offer graduate curricula in 3 different discipline areas, offering 2 doctoral degrees; or (2) that an institution simply offer a graduate curricula.

DEPARTMENT RESPONSE: The Department has revised its proposed amended definition of “university” to require registered graduate programs in at least three of the stated discipline areas, which may or may not include doctoral programs. The Department does not agree with the suggested definition to require only one graduate program, as requiring only one graduate program does not sufficiently assure the desired breadth and depth of academic program offerings at both the undergraduate and graduate levels.

4. COMMENT: Several Commenters voiced their opposition to the Department’s proposed amendment stating that while the proposed definition would be an improvement, it would still limit most of the institutions in New York wishing to adopt the designation of University. Commenter, instead, proposed the following alternative definition:

“University means a higher educational institution offering a range of registered undergraduate and graduate curricula in the liberal arts and sciences including graduate programs registered in at least three of the following discipline areas: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences, and social sciences; and at least two registered doctoral programs encompassing one or more such discipline area.”

DEPARTMENT RESPONSE: The Department has revised its proposed amended definition of “university” to require registered graduate programs in at least three of the stated discipline areas, which may or may not include doctoral programs. Therefore, no additional revisions to the proposed amendment are necessary.

5. COMMENT: Several Commenters supported the Department’s proposed amendment. However, according to one Commenter, its requirement that an institution offer three doctoral programs unfairly excludes those institutions offering both masters level and/or two doctoral programs. Commenter stated that it’s institutions currently offers two doctoral programs but is still a way off from developing and receiving approval for a third program. This impacts Commenter’s ability to immediately compete and reflect the breadth and depth of the programs it offers. Commenter urges the Department to consider further revising the regulation to allow institutions to use university status as long as they have at least three master’s level programs in agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences and social sciences and at least two doctoral programs in any area. This change would immediately put New York state institutions on equal footing with universities across the nation and with SUNY and CUNY institutions across New York State who already have the freedom to designate as universities and would help Commenter more easily recruit and enroll international students.

DEPARTMENT RESPONSE: The Department has revised its proposed amended definition of “university” to require registered graduate programs in at least three of the stated discipline areas, which may or may not include doctoral programs. Therefore, no additional revisions to the proposed amendment are necessary.

6. COMMENT: Two Commenters offered their support for the Department’s proposed amendment but suggested the following alternative definition:

“University means a higher educational institution offering a range of registered undergraduate and graduate curricula in the liberal arts and sciences including graduate programs registered in at least three of the following discipline areas: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences, and social sciences; and at least two registered doctoral programs encompassing one or more such discipline area.”

DEPARTMENT RESPONSE: The Department has revised its proposed amended definition of “university” to require registered graduate programs in at least three of the stated discipline areas, which may or may not include doctoral programs. Therefore, no additional revisions to the proposed amendment are necessary.

7. COMMENT: One Commenter supports the effort of the Department to address the restrictive language of the definition. However, Commenter suggested that the Board of Regents and the State Education Department should amend the restrictive definition of “university” by eliminating the need for doctoral programs in three academic fields. Commenter stated that New York should adopt a more permissive definition, like a Massachusetts definition adopted in 2010, that states that a “university” “…must provide graduate programs in four or more distinct professional fields of study.”

DEPARTMENT RESPONSE: The Department has revised its proposed amended definition of “university” to require registered graduate programs in at least three of the stated discipline areas, which may or may not include doctoral programs. Therefore, no additional revisions to the proposed amendment are necessary.

8. COMMENT: Several Commenters stated that they support the Department’s proposed definition but suggest a more expanded definition:

“University means a higher educational institution offering a range of registered undergraduate and graduate curricula in the liberal arts and sciences including graduate programs registered in at least three of the following discipline areas: agriculture, biological sciences, business, education, engineering, fine arts, health professions, humanities, physical sciences, and social sciences; and at least two registered doctoral programs encompassing one or more such discipline areas.”

DEPARTMENT RESPONSE: The Department has revised its proposed amended definition of “university” to require registered graduate programs in at least three of the stated discipline areas, which may or may not include doctoral programs. Therefore, no additional revisions to the proposed amendment are necessary.

9. COMMENT: Commenter requested that the Department and Board of Regents recognize the Carnegie Classification System for institutions, which is recognized nationally. Within this system, Baccalaureate Colleges are defined as institutions where fewer than 50 master's degrees or 20 doctoral degrees are awarded during the previous year. Once a College begins to award a significant number of master’s degrees (i.e., more than 50 per year), it would be considered to fall within the next level, that of Masters’ Colleges and Universities.

DEPARTMENT RESPONSE: The Department does not agree with this suggested alternative. Under the Carnegie Classification System an institution could award all necessary master’s or doctoral degrees in one discipline which would not ensure the desired breadth and depth of academic programs. Therefore, no additional revisions to the proposed amendment are necessary.

10. COMMENT: One Comment offered its full support of the Department’s proposal with one modification. Commenter suggests that the Department consider adding language as follows:

“University” means an institution that offers a wide breadth of graduate-level degrees, and at least one doctoral degree, which would show the depth of the institution’s academic expertise at the doctoral level.

DEPARTMENT RESPONSE: The Department has revised its proposed amended definition of “university” to require registered graduate programs in at least three of the stated discipline areas, which may or may not include doctoral programs. Therefore, no additional revisions to the proposed amendment are necessary.

11. COMMENT: Several Commenters suggested the following alternative definition of “university”:

“University” means a higher educational institution offering a range of registered undergraduate programs and at least one graduate degree.

DEPARTMENT RESPONSE: The Department has revised its proposed amended definition of “university” to more broadly reference programs at the graduate level, and proposes requiring registered graduate programs in at least three of the stated discipline areas, which may or may not include doctoral programs. The Department does not agree with the suggested definition to require only one graduate program, as requiring only one graduate program does not sufficiently assure the desired breadth and depth of academic program offerings at both the undergraduate and graduate levels.