S T A T E   O F   N E W   Y O R K
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                                  6679

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 12, 2013
                               ___________

Introduced  by M. of A. BOYLAND -- read once and referred to the Commit-
  tee on Higher Education

AN ACT to amend the education law, in relation to requiring the  univer-
  sity  of  the  state of New York to offer a fixed tuition rate plan to
  undergraduate students

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 361 to
read as follows:
  S  361.  FIXED  TUITION  RATE OPTION FOR UNDERGRADUATE STUDENTS AT THE
STATE UNIVERSITY OF NEW YORK. 1. FOR THE PURPOSES OF  THIS  SECTION  THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "REGENTS" MEANS THE BOARD OF REGENTS OF THE UNIVERSITY OF THE STATE
NEW YORK.
  B. "UNIVERSITY" MEANS THE UNIVERSITY OF THE STATE OF NEW YORK.
  2.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS CHAPTER AND EXCEPT AS
OTHERWISE PROVIDED BY THIS SECTION, THE REGENTS OF THE UNIVERSITY  SHALL
OFFER  EACH ENTERING UNDERGRADUATE STUDENT, INCLUDING EACH UNDERGRADUATE
STUDENT WHO TRANSFERS TO THE UNIVERSITY  REGARDLESS  OF  THE  NUMBER  OF
SEMESTER  CREDIT  HOURS  TRANSFERRED  BY THE STUDENT, THE OPPORTUNITY TO
PARTICIPATE IN A FIXED TUITION RATE PLAN.
  3. A FIXED TUITION RATE PLAN OFFERED UNDER THIS SECTION  MUST  PROVIDE
THAT:
  A.  DURING  THE FORTY-EIGHT MONTHS IMMEDIATELY FOLLOWING THE DATE OF A
STUDENT'S INITIAL ENROLLMENT AT THE UNIVERSITY, THE UNIVERSITY  MAY  NOT
CHARGE TUITION TO THE STUDENT FOR A SEMESTER OR OTHER ACADEMIC TERM AT A
RATE THAT EXCEEDS THE RATE THE UNIVERSITY WOULD HAVE CHARGED THE STUDENT
FOR THE SAME COURSES DURING:
  (1)  THE  FIRST  ACADEMIC  YEAR  IN  WHICH THE STUDENT ENROLLED AT THE
UNIVERSITY, IF THE STUDENT INITIALLY  ENROLLED  FOR  A  FALL  OR  SPRING
SEMESTER; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10090-01-3
              

A. 6679                             2

  (2)  THE  ACADEMIC YEAR IMMEDIATELY FOLLOWING THE SUMMER TERM IN WHICH
THE STUDENT  ENROLLED  AT  THE  UNIVERSITY,  IF  THE  STUDENT  INITIALLY
ENROLLED FOR A SUMMER TERM; AND
  B.  AFTER THE FOURTH ANNIVERSARY OF THE DATE THE STUDENT FIRST ENROLLS
AT THE UNIVERSITY, REGARDLESS OF WHETHER  THE  STUDENT  IS  CONTINUOUSLY
ENROLLED IN THE UNIVERSITY AFTER THAT INITIAL ENROLLMENT, THE UNIVERSITY
MAY  NOT  CHARGE TUITION TO THE STUDENT FOR A SEMESTER OR OTHER ACADEMIC
TERM AT A RATE THAT EXCEEDS THE RATE THE UNIVERSITY WOULD  HAVE  CHARGED
THE  STUDENT  UNDER  PARAGRAPH  A  OF  THIS  SUBDIVISION HAD THE STUDENT
INITIALLY ENROLLED IN THE UNIVERSITY ONE YEAR AFTER THE STUDENT'S ACTUAL
INITIAL ENROLLMENT.
  4. A FIXED TUITION RATE CHARGED TO A STUDENT BY THE  UNIVERSITY  UNDER
SUBDIVISION  THREE  OF THIS SECTION SHALL NOT APPLY TO THE STUDENT AFTER
THE STUDENT HAS BEEN AWARDED A BACCALAUREATE DEGREE BY THE UNIVERSITY. A
STUDENT WHO PREVIOUSLY COMPLETED A BACCALAUREATE DEGREE PROGRAM  AT  THE
UNIVERSITY  IS  CONSIDERED  TO  BE AN ENTERING UNDERGRADUATE STUDENT FOR
PURPOSES OF THIS SECTION IF THE STUDENT SUBSEQUENTLY ENROLLS IN  ANOTHER
UNDERGRADUATE DEGREE PROGRAM AT THE UNIVERSITY.
  5.  THE  UNIVERSITY  SHALL NOTIFY EACH ENTERING UNDERGRADUATE STUDENT,
INCLUDING EACH UNDERGRADUATE STUDENT WHO TRANSFERS TO THE UNIVERSITY, OF
THE FIXED TUITION RATE PLAN OFFERED UNDER THIS SECTION.
  6. IN CONSULTATION WITH THE UNIVERSITY, THE REGENTS  SHALL  ADOPT  ANY
RULES  THE  REGENTS CONSIDERS APPROPRIATE FOR THE ADMINISTRATION OF THIS
SECTION.
  7. THIS SECTION SHALL NOT REQUIRE THE UNIVERSITY TO OFFER AN  ALTERNA-
TIVE TUITION PLAN TO UNDERGRADUATE STUDENTS ENROLLED IN THE UNIVERSITY.
  8.  THIS SECTION SHALL NOT APPLY TO THE TUITION CHARGED BY THE UNIVER-
SITY TO A STUDENT WHO ENTERS THE UNIVERSITY FOR THE  FIRST  TIME  BEFORE
THE TWO THOUSAND THIRTEEN FALL SEMESTER.
  S 2. This act shall take effect immediately.