Home » 2016 Issues » July 27, 2016 » SUN-30-16-00004-EP College Tuition and Fees and Definition of a Nonresident Student
SUN-30-16-00004-EP College Tuition and Fees and Definition of a Nonresident Student
7/27/16 N.Y. St. Reg. SUN-30-16-00004-EP
NEW YORK STATE REGISTER
VOLUME XXXVIII, ISSUE 30
July 27, 2016
RULE MAKING ACTIVITIES
STATE UNIVERSITY OF NEW YORK
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. SUN-30-16-00004-EP
Filing No. 690
Filing Date. Jul. 12, 2016
Effective Date. Jul. 12, 2016
College Tuition and Fees and Definition of a Nonresident Student
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
Amendment of sections 602.10(c)(10) and 602.12 of Title 8 NYCRR.
Statutory authority:
Education Law, section 6305(1) and (8)
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 2016 semester. Billing for these new tuition rates occurs during the summer of 2016; therefore, notice of the new rates needs to occur as soon as possible.
Subject:
College tuition and fees and definition of a nonresident student.
Purpose:
To provide flexibility in establishing community college tuition rates for students from outside the State.
Text of emergency/proposed rule:
§ 602.10 College tuition and fees.
(c) Student tuition and fees.
(10) The full-time and part-time rates for out-of-state students and nonresident students not presenting certificates of residences shall be set at a rate no higher than [not more than] three times the approved full-time and part-time tuition rates, respectively, for residents of the sponsorship area and nonresidents of the sponsorship area presenting certificates of residence. Out-of-state students shall be assessed an annual capital revenue fee of up to $300 for full-time students and pro-rated for part-time students at a maximum of $10 per credit hour. The capital revenue fee shall not be included in the operating budgets of community colleges and shall be subject to the restrictions and guidelines applicable to capital chargebacks set forth in section sixty-three hundred five of the Education Law.
§ 602.12 Definition of a nonresident student.
A nonresident student is one who has resided in the State for a period of at least one year but has resided outside of the sponsorship area during a portion or all of the six months preceding the date of the application for a certificate of residence. For tuition purposes, out-of-state students shall be treated in a manner consistent with these regulations and approved by the State University Board of Trustees [the same as nonresident students].
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire October 9, 2016.
Text of rule and any required statements and analyses may be obtained from:
Lisa S. Campo, State University of New York, State University Plaza, S-325, 353 Broadway, Albany, NY, (518) 320-1400, email: Lisa.Campo@SUNY.edu
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY: Education Law, section 355(1)(c), which authorizes the state university trustees to provide a code of standards and regulations for the community colleges, that cover the organization and operation of their programs, curricula, course, financing arrangements, tuition and fees, state financial assistance, and any other matter relating to their operation.
Education Law, section 6305(1), permits community colleges to admit nonresident and out-of-state students. Education Law, section 6305(2) authorizes community colleges to charge nonresident students higher tuition and establishes the chargeback system. Education Law, section 6305(8) permits community colleges to charge out-of-state students “such tuition and fees as may be approved by the state university trustees.”
2. LEGISLATIVE OBJECTIVES: The present measure will enable community colleges to operate more effectively within their respective markets and provide additional capital improvement funds that do not exist currently.
3. NEEDS AND BENEFITS: Education Law authorizes community colleges to charge a higher tuition to out-of-state students. These amendments will allow community colleges to capture capital revenue from these students, which is currently the case for resident students, while staying within the tuition guidelines as established by the state university trustees and the education law.
4. COSTS: The proposed regulations seek to clarify existing law and regulations and do not impose any new costs on community colleges or local sponsors.
5. LOCAL GOVERNMENT MANDATES: The proposed regulations do not impose any new requirements on local governments.
6. PAPERWORK: The proposed regulations do not impose any new paperwork requirements on any of the parties.
7. DUPLICATION: The proposed amendments clarify the authority of community colleges relating to tuition and fees set forth in the Education Law. The amendments are not redundant with other State requirements nor do they have any relationship with existing Federal requirements.
8. ALTERNATIVES: One alternative to the proposed amendments would be to leave the subject regulations unaltered. However, to do so would leave in place the existing inequity between resident and out-of-state students regarding capital revenue.
9. FEDERAL STANDARDS: The proposed amendments do not exceed any maximum standards of the federal government for the same or similar subject areas.
10. COMPLIANCE SCHEDULE: There is no mandatory compliance schedule, however the SUNY Trustees would like to adopt the regulations in their final form at their September 2016 meeting. The regulations will become effective after they are finally adopted by the SUNY Trustees and published in the State Register.
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 rates for the community colleges of the State University of New York and will not have any adverse impact on the number of jobs or employment.
