A state judge on Long Island has ruled that the Fashion Institute of Technology is a community college, thereby enabling Nassau County to charge the Town of North Hempstead the cost of underwriting its residents who are enrolled in the school’s two-year programs. In an Article 78 proceeding, the town sought to force the county to hand over almost $2.5 million, representing the town’s share of a 2010 fourth-quarter county-collected sales tax. The town argued the county was wrongly withholding the funds to offset more than $1.1 million for its FIT students, plus other community college charge backs of just over $600,000.
Under Education Law §6305(5), counties have the authority to charge their towns and cities for the expenses of residents attending community colleges outside the county. But the town maintained it could not be charged for FIT-related expenses because the Manhattan school is not a community college because in addition to associate degrees it also offers baccalaureate and masters degrees.
