Statutory college
Encyclopedia
In American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 higher education
Higher education
Higher, post-secondary, tertiary, or third level education refers to the stage of learning that occurs at universities, academies, colleges, seminaries, and institutes of technology...

, particular to the state of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

, a statutory college or contract college is a college or school that is a component of an independent, private university
University
A university is an institution of higher education and research, which grants academic degrees in a variety of subjects. A university is an organisation that provides both undergraduate education and postgraduate education...

 that has been designated by the state legislature to receive significant, ongoing public funding from the state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

. The statutory college is operated by the university on behalf of the state, with the mission of serving specific educational needs of the state. New York's statutory colleges are administratively affiliated with the State University of New York
State University of New York
The State University of New York, abbreviated SUNY , is a system of public institutions of higher education in New York, United States. It is the largest comprehensive system of universities, colleges, and community colleges in the United States, with a total enrollment of 465,000 students, plus...

 (SUNY) system, and receive funding from SUNY's operating budget; however, SUNY ultimately has little control over the academic functions of these colleges — research to be pursued, admission standards, standards for completion of degrees and which academic programs are offered are determined by the statutory college's private institution. There are five statutory colleges: four located at Cornell University
Cornell University
Cornell University is an Ivy League university located in Ithaca, New York, United States. It is a private land-grant university, receiving annual funding from the State of New York for certain educational missions...

 and one located at Alfred University
Alfred University
Alfred University is a small, comprehensive university in the Village of Alfred in Western New York, USA, an hour and a half south of Rochester and two hours southeast of Buffalo. Alfred has an undergraduate population of around 2,000, and approximately 300 graduate students...

.

The terms "statutory college" and "contract college" derive from the fact that each of these dually-affiliated colleges or schools is operated independently from the state pursuant to statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

or under contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...

with the state. In the case of Cornell University, the colleges and schools that do not receive direct funding from the state are generally referred to as endowed colleges, to differentiate them from the statutory colleges. On other campuses they are called "private."

The New York State Education law uses both "contract college" and "statutory college" to describe these state-supported colleges.

At Cornell University

The four statutory colleges located at Cornell University
Cornell University
Cornell University is an Ivy League university located in Ithaca, New York, United States. It is a private land-grant university, receiving annual funding from the State of New York for certain educational missions...

 in Ithaca, New York
Ithaca, New York
The city of Ithaca, is a city in upstate New York and the county seat of Tompkins County, as well as the largest community in the Ithaca-Tompkins County metropolitan area...

, are:
  • New York State College of Agriculture and Life Sciences
    Cornell University College of Agriculture and Life Sciences
    The New York State College of Agriculture and Life Sciences is a statutory college at Cornell University, a private university located in Ithaca, New York...

     (established 1888; contract since 1904)
  • New York State College of Human Ecology
    Cornell University College of Human Ecology
    The New York State College of Human Ecology is a statutory college at Cornell University. The college is a unique compilation of studies on consumer science, nutrition, health economics, public policy, human development and textiles, each part of the discipline of human ecology.Students at the...

     (established 1919; separate college since 1925)
  • New York State School of Industrial and Labor Relations
    Cornell University School of Industrial and Labor Relations
    The New York State School of Industrial and Labor Relations is an industrial relations school at Cornell University, an Ivy League university located in Ithaca, New York, USA...

     (established 1944)
  • New York State College of Veterinary Medicine
    Cornell University College of Veterinary Medicine
    The New York State College of Veterinary Medicine at Cornell University was founded in 1894. It was the first statutory college in New York. Before the creation of the college, instruction in veterinary medicine had been part of Cornell's curriculum since the university's founding...

     (established 1894)


Another statutory college, the New York State College of Forestry
History of the New York State College of Forestry
The New York State College of Forestry, the first professional school of forestry in North America, opened its doors at Cornell University, in Ithaca, New York, in the autumn of 1898. After just a few years of operation, it was defunded in 1903, by Governor Benjamin B. Odell, in response to public...

, was founded at Cornell in 1898, only to be closed in 1903 when outcry over a pending lawsuit led Gov. Odell to veto the appropriations bill that provided funding. However, forestry education was continued at Cornell as part of the College of Agriculture. The College of Forestry
State University of New York College of Environmental Science and Forestry
The State University of New York College of Environmental Science and Forestry is an American specialized doctoral-granting institution located in the University Hill neighborhood of Syracuse, New York, immediately adjacent to Syracuse University...

 was later reestablished at Syracuse University in 1911. Two of Cornell's current statutory colleges — the NYS College of Agriculture and Life Sciences
Cornell University College of Agriculture and Life Sciences
The New York State College of Agriculture and Life Sciences is a statutory college at Cornell University, a private university located in Ithaca, New York...

 and the NYS College of Human Ecology
Cornell University College of Human Ecology
The New York State College of Human Ecology is a statutory college at Cornell University. The college is a unique compilation of studies on consumer science, nutrition, health economics, public policy, human development and textiles, each part of the discipline of human ecology.Students at the...

 — existed as non-state-supported colleges (as the College of Agriculture and the School of Home Economics, respectively) before state legislation was enacted to make each a state-supported entity. The NYS College of Human Ecology
Cornell University College of Human Ecology
The New York State College of Human Ecology is a statutory college at Cornell University. The college is a unique compilation of studies on consumer science, nutrition, health economics, public policy, human development and textiles, each part of the discipline of human ecology.Students at the...

 and the NYS College of Veterinary Medicine
Cornell University College of Veterinary Medicine
The New York State College of Veterinary Medicine at Cornell University was founded in 1894. It was the first statutory college in New York. Before the creation of the college, instruction in veterinary medicine had been part of Cornell's curriculum since the university's founding...

 trace their origins to Cornell's agriculture college. However, the College of Veterinary Medicine was actually the first statutory college in New York. The Hotel School
Cornell University School of Hotel Administration
The School of Hotel Administration at Cornell University is a specialized business school for hospitality management founded in 1922 as the first four-year intercollegiate school devoted to the field...

 started in 1922 as a department within Home Economics, but became a separate, endowed college in 1954.

The statutory colleges at Cornell grew out of Cornell's designation in 1865 as New York State's land grant college under the Morrill Act. Under the Morrill Act, Cornell received land scrip based on the population of the state, and the proceeds formed the basis of Cornell's initial endowment. Under the terms of the Cornell's 1865 charter from the Legislature, Cornell was obligated to teach agriculture, mechanical arts and mililtary tactic. (Cornell was also obligated to provide free tuition to students from each assembly district.) By the 1890s, Cornell sought state funding to continue its mission in these areas, and the statutory colleges were formed as a vehicle for direct state funding. In addition, at the turn of the century, new federal laws provided land-grant colleges (and their agricultural experiment station
Agricultural experiment station
An agricultural experiment station is a research center that conducts scientific investigations to solve problems and suggest improvements in the food and agriculture industry...

s and cooperative extension services) with annual funding conditioned upon matching state funds. As a result, almost all of Cornell's land grant duties were transferred to its four statutory colleges, which receive such state funds through the present.

Academic programs can be transferred between the statutory college side and the host institution. For example, when private funding was sufficient to assure operation of the hotel administration program of the College of Home Economics, it was spun off as a separate School of Hotel Administration
Cornell University School of Hotel Administration
The School of Hotel Administration at Cornell University is a specialized business school for hospitality management founded in 1922 as the first four-year intercollegiate school devoted to the field...

 in 1950.

At Alfred University

The statutory college located at Alfred University
Alfred University
Alfred University is a small, comprehensive university in the Village of Alfred in Western New York, USA, an hour and a half south of Rochester and two hours southeast of Buffalo. Alfred has an undergraduate population of around 2,000, and approximately 300 graduate students...

 in the Town of Alfred, New York
Alfred (town), New York
Alfred is a town in Allegany County, New York, United States. The population was 5,140 at the 2000 census.The Town of Alfred has a village named Alfred in the center of the town....

 is:
  • New York State College of Ceramics
    New York State College of Ceramics
    The New York State College of Ceramics at Alfred University in Alfred is a statutory college of the State University of New York . It is divided into the School of Art and Design and the Inamori School of Engineering. Although the School of Engineering is nominally administered by NYSCC, the...

     (established 1900)


The New York State College of Ceramics (NYSCC) consists of the School of Art and Design, with its own dean, and four state-supported materials programs cross-organized within Alfred University's School of Engineering. The College of Ceramics is functioning technically as a "holding entity" (currently with an interim unit head) for the fiscal support of the state programs and the NYSCC mission. The unit head assists with budget preparation for the two aforementioned AU schools and the NYSCC-affiliated Scholes Library of Ceramics (part of the campuswide, unified AU library system), and acts in a liaison role to SUNY.

The School of Art and Design, technically a subunit of the College of Ceramics but autonomously-run with its own dean, is further subdivided into divisions. Alfred's School of Engineering (also autonomously-run with its own dean) currently has four state-supported programs and two privately-endowed programs.

At Syracuse University

The New York State College of Forestry
History of the New York State College of Forestry
The New York State College of Forestry, the first professional school of forestry in North America, opened its doors at Cornell University, in Ithaca, New York, in the autumn of 1898. After just a few years of operation, it was defunded in 1903, by Governor Benjamin B. Odell, in response to public...

 was reestablished at Syracuse University
Syracuse University
Syracuse University is a private research university located in Syracuse, New York, United States. Its roots can be traced back to Genesee Wesleyan Seminary, founded by the Methodist Episcopal Church in 1832, which also later founded Genesee College...

 (SU) in 1911, but was never technically a statutory college. Founded first as a department of Syracuse University, in 1913 the College was chartered as an independent state institution. In 1972, its name was changed to the State University of New York College of Environmental Science and Forestry
State University of New York College of Environmental Science and Forestry
The State University of New York College of Environmental Science and Forestry is an American specialized doctoral-granting institution located in the University Hill neighborhood of Syracuse, New York, immediately adjacent to Syracuse University...

 (SUNY-ESF); it remains administratively separate from Syracuse University. ESF students have full access to SU libraries and recreational facilities. Students at the both institutions take courses at the other institution and can apply for admission to concurrent degree and joint certificate programs. ESF students take part in joint commencement exercises in May, and ESF students may participate in all SU student activities except intercollegiate sports.

Roles of the state and the private university

The statutory colleges are not state-run; they are operated by a 'contracted' university. In the present arrangement these universities are Cornell and Alfred. However, the five existing statutory colleges have been affiliated with SUNY since its inception in 1948 (but had no affiliation with any umbrella organization
Umbrella organization
An umbrella organization is an association of institutions, who work together formally to coordinate activities or pool resources. In business, political, or other environments, one group, the umbrella organization, provides resources and often an identity to the smaller organizations...

 before 1948). Statutory college employees legally are employees of Cornell and Alfred Universities, not employees of SUNY.

The State Education Law does give the SUNY Board of Trustees the following authority: the Trustees must formally approve Cornell's and Alfred's appointment of the deans/unit heads of the statutory colleges, and control of the level of state funding for the statutory colleges resides with SUNY. (In addition to money allocated by SUNY, the colleges may be funded by tuition and fees; grants and contracts from state agencies; special state legislative funding; federal funding; and private donations.)

Additionally, the Education Law does mandate a consultatory role for SUNY: the statutory college should consult with SUNY when it sets tuition rates. SUNY also exercises a "general supervision" over the statutory colleges. However, Cornell and Alfred have interpreted this to mean that SUNY does not have the right to create novel policies for the statutory colleges that are not explicitly stated in the Education Law. If there is a conflict between Cornell or Alfred and SUNY in regard to a policy or action that SUNY is requiring from Cornell or Alfred, it must be resolved by negotiation between the two parties, although there is the legal right of court appeal by either party if agreement cannot be reached. However, this legal option has never been used.

The state finances the construction of buildings for the statutory college programs, and New York State owns those buildings as well as the land beneath those buildings. Such construction is managed by the NYS University Construction Fund rather than by Cornell or Alfred.

Since statutory colleges at Cornell and Alfred receive significant state funding, tuition rates for statutory colleges and for endowed colleges are determined separately. 'In-state' residents attending a statutory college pay a separate reduced rate, in contrast to their 'out-of-state' counterparts' rates. When a student enrolled in a statutory college takes a class offered by an endowed college, the endowed college is reimbursed in a budget item called an "accessory instruction fee." At times, statutory college students who take more than their alloted credit hours from endowed colleges were required to pay such fees themselves. Similarly, at various times, a student who matriculates into a statutory college and later transfers to an endowed college has been required to pay the difference in tuition upon the transfer.

Statutory college employees are covered by a separate pension plan and have separate pay scales and fringe benefits than their endowed college counterparts. Most of the statutory college buildings and facilities are owned by New York State.

In addition, SUNY performs a fiduciary role for dispersal of state funds to the statutory units. This may require periodic audits of the use of state funds within the private universities.

There is some debate about whether the statutory colleges are "public" or "private, nonprofit" entities. Legally, they are private and nonprofit; Cornell and Alfred Universities are private, nonprofit institutions, a status which extends to all of these universities' components, which are not separate corporations. Also, the employees of the statutory colleges, as currently affirmed by court rulings, are private, nonprofit employees. An analogy to this relationship is a private, nonprofit health agency which, under contract with a government, regularly receives government money to operate a research institute; the whole private, nonprofit agency (including the research institute) still remains a private, nonprofit entity. New York State's Education Law also states that the statutory colleges do not operate as "state agencies." The fact that each of the statutory colleges contains "New York State" in their official names does not alter the private nature of the statutory colleges; however, the importance of state funding is an important factor in the private vs. statutory unit relationship.

There are two state-supported university systems in New York State: the State University of New York
State University of New York
The State University of New York, abbreviated SUNY , is a system of public institutions of higher education in New York, United States. It is the largest comprehensive system of universities, colleges, and community colleges in the United States, with a total enrollment of 465,000 students, plus...

 (SUNY
State University of New York
The State University of New York, abbreviated SUNY , is a system of public institutions of higher education in New York, United States. It is the largest comprehensive system of universities, colleges, and community colleges in the United States, with a total enrollment of 465,000 students, plus...

), which has degree-granting units throughout the state, and the City University of New York
City University of New York
The City University of New York is the public university system of New York City, with its administrative offices in Yorkville in Manhattan. It is the largest urban university in the United States, consisting of 23 institutions: 11 senior colleges, six community colleges, the William E...

 (CUNY), which only has degree-granting units in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

. New York State's statutory colleges are partners of SUNY and have no affiliation with CUNY.
Summary of Statutory College Relationship
FactorPrivate UPublic UNY Statutory CollegesSU-ESF
Lower Instate tuiton No Yes Yes Yes
Separate Board of Trustees Yes Yes No Yes
Separate Dorms Yes Yes No Yes
Separate Intercollegiate Teams n/a n/a No Yes
State constructs and maintains facilities No Yes Yes Yes
Funded by annual state appropriations No Yes Yes Yes
Degree from host institution n/a n/a Yes Yes
Separate admission process Yes Yes Yes Yes
SUNY role in budget and selecting dean No Yes Yes Yes

Other affiliations between New York State and private universities

In 1911, the state created the New York State College of Forestry at Syracuse University in Syracuse, New York
Syracuse, New York
Syracuse is a city in and the county seat of Onondaga County, New York, United States, the largest U.S. city with the name "Syracuse", and the fifth most populous city in the state. At the 2010 census, the city population was 145,170, and its metropolitan area had a population of 742,603...

, now known as the State University of New York College of Environmental Science and Forestry
State University of New York College of Environmental Science and Forestry
The State University of New York College of Environmental Science and Forestry is an American specialized doctoral-granting institution located in the University Hill neighborhood of Syracuse, New York, immediately adjacent to Syracuse University...

 (SUNY-ESF) http://caselaw.lp.findlaw.com/scripts/getcode.pl?frame=right2&code=NY&ls=claws&law=30&art=105. However, unlike the statutory colleges, this college was established as an autonomous institution that was (and still is) administratively not part of Syracuse University
Syracuse University
Syracuse University is a private research university located in Syracuse, New York, United States. Its roots can be traced back to Genesee Wesleyan Seminary, founded by the Methodist Episcopal Church in 1832, which also later founded Genesee College...

, its private host institution. The two institutions have adjacent campuses and a close working relationship.

Additionally, there is the New York State Psychiatric Institute
New York State Psychiatric Institute
The New York State Psychiatric Institute, established in 1895 and located on Riverside Drive at the foot of Washington Heights, the far upper west side of Manhattan in New York City, was one of the first institutions in the United States to integrate teaching, research and therapeutic approaches to...

, a research facility of the New York State Office of Mental Health located at the Columbia University Medical Center
Columbia University Medical Center
Columbia University Medical Center is an academic medical center that includes Columbia University's College of Physicians and Surgeons, College of Dental Medicine, School of Nursing and Mailman School of Public Health...

 in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

. It is not a statutory unit — it does not grant degrees, so it could not be called a college — despite being affiliated with Columbia
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...

's Medical Center and its Psychiatry Department. As such, it remains an institute of the state.

Outside New York State

Outside of New York, the privately-run Baylor College of Medicine
Baylor College of Medicine
Baylor College of Medicine, located in the Texas Medical Center in Houston, Texas, USA, is a highly regarded medical school and leading center for biomedical research and clinical care...

 (BCM) has a financial-arrangement structure that is somewhat similar to that found in New York’s statutory colleges. BCM’s Doctor of Medicine (M.D.) program charges in-state Texas residents a lower tuition rate than that charged to non-Texan residents. This arrangement dates from 1969, and was fostered by the state of Texas realizing, at the time, that it needed more physicians, coupled with Baylor University's awareness of this need and its trying to help alleviate it.

Baylor University
Baylor University
Baylor University is a private, Christian university located in Waco, Texas. Founded in 1845, Baylor is accredited by the Southern Association of Colleges and Schools.-History:...

’s (BU's) medical school, which had been part of BU since 1903, became an autonomous entity in 1969 and adopted the aforementioned tuition dichotomy at that time. The state of Texas’ support of BCM is just to allay the cost of tuition for in-state students, and the state does not assist BCM with significant ongoing funding for research or outreach/extension purposes. The divestiture of BCM from BU was necessary to avoid legal conflicts which would ensue from a religiously-affiliated BU accepting ongoing State funding. (BU is affiliated with the Baptist General Convention of Texas
Baptist General Convention of Texas
The Baptist General Convention of Texas is the oldest surviving Baptist convention in the state of Texas. The churches cooperating with the Baptist General Convention of Texas partner nationally and internationally with both the Southern Baptist Convention and the Cooperative Baptist Fellowship,...

, whereas BCM has been nonsectarian since its divestiture.)

The University of Miami
University of Miami
The University of Miami is a private, non-sectarian university founded in 1925 with its main campus in Coral Gables, Florida, a medical campus in Miami city proper at Civic Center, and an oceanographic research facility on Virginia Key., the university currently enrolls 15,629 students in 12...

's Leonard M. Miller School of Medicine
Leonard M. Miller School of Medicine
The University of Miami Leonard M. Miller School of Medicine is the school of medical education of the University of Miami. The main medical campus is located in the Civic Center, Miami, Florida within the UM/Jackson Memorial Medical Center complex...

 is located in Miami, Florida. Starting in 2004, the Miller School began offering instruction on the campus of Florida Atlantic University
Florida Atlantic University
Florida Atlantic University, also referred to as FAU or Florida Atlantic, is a public, coeducational, research university located in , United States. The university has six satellite campuses located in the Florida cities of Dania Beach, Davie, Fort Lauderdale, Jupiter, Port St. Lucie, and in Fort...

 in Boca Raton, Florida
Boca Raton, Florida
Boca Raton is a city in Palm Beach County, Florida, USA, incorporated in May 1925. In the 2000 census, the city had a total population of 74,764; the 2006 population recorded by the U.S. Census Bureau was 86,396. However, the majority of the people under the postal address of Boca Raton, about...

. MD candidates are admitted to either the Miami or Boca Raton programs and spend all four years studying on the selected campus. There is no on campus housing for students of the Miller School of Medicine in Miami or Boca Raton. The Miami and Boca Raton campuses charge identical tuition, with a lower tuition for in-state students.

Pennsylvania's state-related schools

Similar to the NYS contract colleges, Pennsylvania has a comparable financial relationship with the four universities in the Commonwealth System of Higher Education
Commonwealth System of Higher Education
The Commonwealth System of Higher Education is the organizing body of Pennsylvania's "state-related" schools, which allows the independent control of the universities while supplying them with the public funds needed for operations at each institution. Universities in the System are considered...

 system. These include: Lincoln University
Lincoln University (Pennsylvania)
Lincoln University is the United States' first degree-granting historically black university. It is located near the town of Oxford in southern Chester County, Pennsylvania. The university also hosts a Center for Graduate Studies in the City of Philadelphia. Lincoln University provides...

, Pennsylvania State University
Pennsylvania State University
The Pennsylvania State University, commonly referred to as Penn State or PSU, is a public research university with campuses and facilities throughout the state of Pennsylvania, United States. Founded in 1855, the university has a threefold mission of teaching, research, and public service...

, Temple University
Temple University
Temple University is a comprehensive public research university in Philadelphia, Pennsylvania, United States. Originally founded in 1884 by Dr. Russell Conwell, Temple University is among the nation's largest providers of professional education and prepares the largest body of professional...

, and the University of Pittsburgh
University of Pittsburgh
The University of Pittsburgh, commonly referred to as Pitt, is a state-related research university located in Pittsburgh, Pennsylvania, United States. Founded as Pittsburgh Academy in 1787 on what was then the American frontier, Pitt is one of the oldest continuously chartered institutions of...

.

New York State Education Law governing the statutory colleges



Court of general jurisdiction case law dealing with statutory college matters



Administrative case law dealing with statutory college matters

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