SUN-39-10-00022-E State University of New York Tuition and Fees Schedule
12/8/10 N.Y. St. Reg. SUN-39-10-00022-E
NEW YORK STATE REGISTER
VOLUME XXXII, ISSUE 49
December 08, 2010
RULE MAKING ACTIVITIES
STATE UNIVERSITY OF NEW YORK
EMERGENCY RULE MAKING
I.D No. SUN-39-10-00022-E
Filing No. 1182
Filing Date. Nov. 17, 2010
Effective Date. Nov. 17, 2010
State University of New York Tuition and Fees Schedule
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 302.5 of Title 8 NYCRR.
Statutory authority:
Education Law, section 355(2)(b) and (h)
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
Amendment of these regulations needs to proceed on an emergency basis because tuition increases are intended to be effective for the Fall 2010 semester, and billing for these new rates has already occurred.
Subject:
State University of New York Tuition and Fees Schedule.
Purpose:
To amend the Tuition and Fees Schedule and establish a special tuition rate for certain nonresident students at Maritime College.
Text of emergency rule:
Amendments to section 302.5 of Title 8 NYCRR.
Tuition charge for nonresident students at Maritime College.
(a) The chancellor hereby is authorized to execute in the name and under the seal of the State University on behalf of the Maritime College thereof, an agreement with the United States of America, acting through the Maritime Administration of the Department of Transportation, under the Maritime Academy Act of 1958 (Public Law 85-672) and applicable regulations, for annual payments in support of the Maritime College, including agreement to admit students resident in other states, and for subsidy payments with respect to students attending the Maritime College and further including agreements with other states to participate in a regional maritime academy whereby students from participating states are charged [the tuition role for State residents] a special tuition rate of 150% of the tuition [role] rate for State residents; provided, however, that students from participating states who have matriculated during or prior to the State University's 2009-10 fiscal year shall be charged a special tuition rate of 125% of the tuition rate for State students, in accordance with Federal requirements.
(b) The increased annual payment in support of the Maritime College upon condition of admitting students residents in other states shall be received in discharge of such amount of the established nonresident tuition charge rate as shall reduce it to the special rate described in paragraph (a) above [rate charged State residents] in the case of such students admitted under Federal requirements.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. SUN-39-10-00022-P, Issue of September 29, 2010. The emergency rule will expire January 15, 2011.
Text of rule and any required statements and analyses may be obtained from:
Lisa S. Campo, State University of New York, State University Plaza, 353 Broadway, Albany, New York 12246, (518) 320-1400, email: Lisa.Campo@SUNY.edu
Regulatory Impact Statement
1. Statutory Authority: Education Law, Sections 355(2)(b) and 355(2)(h). Section 355(2)(b) authorizes the State University Trustees to make and amend rules and regulations for the governance of the State University and institutions therein. Section 355(2)(h) authorizes the State University Trustees to regulate the admission of students, tuition charges and other fees and charges, curricula and all other matters pertaining to the operation and administration of each State-operated institution of the University. Education Law, Section 352 (3), includes the Maritime College as part of the State University. Since 1997, Maritime College has been recognized by the federal government as a Regional Maritime Academy. See 46 USC, Chapter 515, et seq.
2. Legislative Objectives: The present measure will provide essential financial support for the operations of the State University of New York, in furtherance of its statutorily defined mission as set forth in Article 8 of the Education Law.
3. Needs and Benefits: The present measure will allow Maritime College flexibility in setting tuition rates for nonresident students from States in its region. SUNY Maritime's region is comprised of thirteen states and the District of Columbia. The proposal will allow the president of the College, with the approval of the Chancellor, to adjust the tuition rate for "in-region" students to a rate that is greater than the in-state tuition rate and less than the out-of-state tuition rate for the Fall 2010 semester and later.
The amendment to the regional tuition rate will impact an estimated 270 returning students, who will be charged 125% of SUNY's current in-State tuition and 90 new students who will be charged 150% of the current tuition rate.
The increase in tuition is needed to help cover reductions in both State funding and the federal stipend from the U.S. Maritime Administration (MARAD). Funding for State-operated colleges has been reduced by $170 million for 2010-2011. State support for SUNY Maritime College was $11,529,600 in 2008-09; and $10,702,400 in 2009-10 (a reduction of $827,200). In return for agreeing to be a regional maritime college, the College receives a stipend or Direct Payment from MARAD. The amount of the stipend has varied in recent years from $200,000 to $400,000. The amount in the proposed federal budget for Fiscal Year 2011 is $333,333, a reduction of $66,667 from the previous year. Despite the Direct Payments, the "lost" tuition opportunity, based upon the 359 regional students currently enrolled, is $2,506,111.
4. Costs: The "in-region" tuition rate will be adjusted to a rate that is greater than the in-state tuition rate and less than the out-of-state tuition rate. The in-region rate for current students will be 125 percent of the in-state rate ($6,210). The in-region rate for students enrolling Fall 2010 or later will be 150 percent of the in-state rate ($7,460). The new rates will be effective for the Fall 2010 semester and thereafter. Despite the increase, the students continue to benefit from tuition rates that are lower than tuition for most other maritime colleges as well as other state university schools within the maritime region and other peer level engineering schools.
The tuition at other Maritime Colleges is as follows:
Maritime College
In-State Tuition
In-Region Tuition
Massachusetts
$1,342.00
$2,348.00
$14,992.00
(plus $5,267 in other mandatory fees)
California
$4,026.00
N/A
$15,186.00
New York
$4,970.00
$6,210.00
(current students)
$12,870.00
$7,460.00
(students enrolling Fall 2010 or later)
Texas
$5,248.20
N/A
$13,558.20
Maine
$8,280.00
$12,420.00
$17,000.00
Great Lakes
$8,290.00
N/A
$8,649.00
$8,736.00
$9,116.00
The in-state / out-of-state tuition at other Engineering Colleges varies as follows:
College
In-State Tuition
In-Region Tuition
CCNY
$4,600
N/A
$9,960
SUNY Maritime
$4,970
$6,210 (current students)
$12,870
$7,460
(students enrolling Fall 2010 or later)
Purdue
$8,638
N/A
$25,118
Rutgers
$9,546
N/A
$20,178
Penn State
$14,416
N/A
$25,946
The in-state/out-of-state tuition rates for State University Systems that are included within Maritime's region are shown below:
State University System
In-State Tuition
Out-of-State Tuition
Louisiana
$1,996
$6,282
North Carolina
$2,813
$11,757
Connecticut
$3,789
$8,635
Florida
$4,340
$11,700
SUNY Maritime
$4,970
$12,870
District of Columbia
$5,370
$12,300
Mississippi
$5,700
$16,518
Alabama
$6,468
$12,084
Maryland
$7,056
$15,072
Delaware
$8,540
$22,240
South Carolina
$9,517
$19,007
Rhode Island
$9,528
$26,026
New Jersey
$9,546
$20,456
Virginia
$9,870
$31,870
Pennsylvania
$12,708
$18,674
5. Local Government Mandates: There are no local government mandates. The amendment does not affect students enrolled in the community colleges operating under the program of the State University of New York.
6. Paperwork: No parties will experience any new reporting responsibilities. State University of New York publications and documents containing notices regarding costs of attendance will need to be revised to reflect these changes.
7. Duplication: None.
8. Alternatives: The alternative of reducing resources available to the campus by the amount that would accrue by an increase in tuition rates was considered. However, given the reductions in State support imposed on the campus by deficit reduction actions an increase in the tuition rate for "in-region" students is the better alternative. A "town meeting" regarding proposed increases in tuition and fees was held at the College. Members of the Student Government Association, undergraduate and graduate students, and members of the regiment and regular students were present and voiced support for the increases. The new tuition rate for 2010-2011 is on the College's website.
9. Federal Standards: SUNY Maritime is a regional maritime academy pursuant to 46 USCA Chapter 515, section 51503 (Pub. L 109-304, section 8(b)). This federal law does not require states with regional academies to set any specific tuition levels for in-region students. The requisite agreement between New York State and the participating states in the Maritime region required the designation in writing of the state which was to conduct the affairs of the regional academy and an agreement to admit students from other states to the extent of at least ten percent (10%). The tuition charged to region member states was not specified in the federal law or regulations. This proposal conforms to the federal standards and inter-state agreement.
10. Compliance Schedule: Compliance with the amendment will go into effect for the Fall 2010 semester. Bills reflecting the increases will be sent out to affected students by the campus and payment of these bills will be due in accordance with State University policy.
Regulatory Flexibility Analysis
No regulatory flexibility analysis is submitted with this notice because the proposed rule does not impose any requirements on small businesses and local governments. This proposed rule making will not impose any adverse economic impact on small businesses and local governments or impose any reporting, recordkeeping or other compliance requirements on small businesses and local governments.
Rural Area Flexibility Analysis
No rural area flexibility analysis is submitted with this notice because the proposed rule does not impose any requirements on rural areas. The rule will not impose any adverse economic impact on rural areas or impose any reporting, recordkeeping, professional services or other compliance requirements on rural areas.
Job Impact Statement
No job impact statement is submitted with this notice because the proposed rule does not impose any adverse economic impact on existing jobs, employment opportunities, or self-employment. This regulation governs tuition charges for State University of New York and will not have any adverse impact on the number of jobs or employment.
