S T A T E O F N E W Y O R K
________________________________________________________________________
5962--A
2015-2016 Regular Sessions
I N A S S E M B L Y
March 9, 2015
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Higher Education -- reported and referred to the Committee on Ways
and Means -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, in relation to establishing a new
category of tuition for non-resident students of the state university
or the city university enrolled in distance learning courses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subparagraph 4 of paragraph h of
subdivision 2 of section 355 of the education law, as amended by chapter
260 of the laws of 2011, is amended to read as follows:
The trustees shall not impose a differential tuition charge based upon
need or income. Except as hereinafter provided, all students enrolled in
programs leading to like degrees at state-operated institutions of the
state university shall be charged a uniform rate of tuition except for
differential tuition rates based on state residency. Provided, however,
that the trustees may authorize the presidents of the colleges of tech-
nology and the colleges of agriculture and technology to set differing
rates of tuition for each of the colleges for students enrolled in
degree-granting programs leading to an associate degree and non-degree
granting programs so long as such tuition rate does not exceed the
tuition rate charged to students who are enrolled in like degree
programs or degree-granting undergraduate programs leading to a bacca-
laureate degree at other state-operated institutions of the state
university of New York. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SUBPARAGRAPH, THE TRUSTEES MAY AUTHORIZE THE SETTING OF A SEPARATE CATE-
GORY OF TUITION RATE, THAT SHALL BE GREATER THAN THE TUITION RATE FOR
RESIDENT STUDENTS AND LESS THAN THE TUITION RATE FOR NON-RESIDENT
STUDENTS, ONLY FOR STUDENTS ENROLLED IN DISTANCE LEARNING COURSES WHO
ARE NOT RESIDENTS OF THE STATE. Except as otherwise authorized in this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03160-02-5
A. 5962--A 2
subparagraph, the trustees shall not adopt changes affecting tuition
charges prior to the enactment of the annual budget, provided however
that:
S 2. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of
the education law, as amended by chapter 309 of the laws of 1996, is
amended to read as follows:
(4) The trustees shall not impose a differential tuition charge based
upon need or income. All students enrolled in programs leading to like
degrees at state-operated institutions of the state university shall be
charged a uniform rate of tuition except for differential tuition rates
based on state residency. Provided, however, that the trustees may
authorize the presidents of the colleges of technology and the colleges
of agriculture and technology to set differing rates of tuition for each
of the colleges for students enrolled in degree-granting programs lead-
ing to an associate degree and non-degree granting programs so long as
such tuition rate does not exceed the tuition rate charged to students
who are enrolled in like degree programs or degree-granting undergradu-
ate programs leading to a baccalaureate degree at other state-operated
institutions of the state university of New York. NOTWITHSTANDING ANY
OTHER PROVISION OF THIS SUBPARAGRAPH, THE TRUSTEES MAY AUTHORIZE THE
SETTING OF A SEPARATE CATEGORY OF TUITION RATE, THAT SHALL BE GREATER
THAN THE TUITION RATE FOR RESIDENT STUDENTS AND LESS THAN THE TUITION
RATE FOR NON-RESIDENT STUDENTS, ONLY FOR STUDENTS ENROLLED IN DISTANCE
LEARNING COURSES WHO ARE NOT RESIDENTS OF THE STATE. The trustees shall
not adopt changes affecting tuition charges prior to the enactment of
the annual budget.
S 3. The opening paragraph of paragraph (a) of subdivision 7 of
section 6206 of the education law, as amended by chapter 260 of the laws
of 2011, is amended to read as follows:
The board of trustees shall establish positions, departments, divi-
sions and faculties; appoint and in accordance with the provisions of
law fix salaries of instructional and non-instructional employees there-
in; establish and conduct courses and curricula; prescribe conditions of
student admission, attendance and discharge; and shall have the power to
determine in its discretion whether tuition shall be charged and to
regulate tuition charges, and other instructional and non-instructional
fees and other fees and charges at the educational units of the city
university. The trustees shall review any proposed community college
tuition increase and the justification for such increase. The justifica-
tion provided by the community college for such increase shall include a
detailed analysis of ongoing operating costs, capital, debt service
expenditures, and all revenues. The trustees shall not impose a differ-
ential tuition charge based upon need or income. All students enrolled
in programs leading to like degrees at the senior colleges shall be
charged a uniform rate of tuition, except for differential tuition rates
based on state residency[,]. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
PARAGRAPH, THE TRUSTEES MAY AUTHORIZE THE SETTING OF A SEPARATE CATEGORY
OF TUITION RATE, THAT SHALL BE GREATER THAN THE TUITION RATE FOR RESI-
DENT STUDENTS AND LESS THAN THE TUITION RATE FOR NON-RESIDENT STUDENTS,
ONLY FOR STUDENTS ENROLLED IN DISTANCE LEARNING COURSES WHO ARE NOT
RESIDENTS OF THE STATE; provided, however, that:
S 4. The opening paragraph of paragraph (a) of subdivision 7 of
section 6206 of the education law, as amended by section 2 of part O of
chapter 58 of the laws of 2006, is amended to read as follows:
The board of trustees shall establish positions, departments, divi-
sions and faculties; appoint and in accordance with the provisions of
A. 5962--A 3
law fix salaries of instructional and non-instructional employees there-
in; establish and conduct courses and curricula; prescribe conditions of
student admission, attendance and discharge; and shall have the power to
determine in its discretion whether tuition shall be charged and to
regulate tuition charges, and other instructional and non-instructional
fees and other fees and charges at the educational units of the city
university. The trustees shall review any proposed community college
tuition increase and the justification for such increase. The justifica-
tion provided by the community college for such increase shall include a
detailed analysis of ongoing operating costs, capital, debt service
expenditures, and all revenues. The trustees shall not impose a differ-
ential tuition charge based upon need or income. All students enrolled
in programs leading to like degrees at the senior colleges shall be
charged a uniform rate of tuition, except for differential tuition rates
based on state residency. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
PARAGRAPH, THE TRUSTEES MAY AUTHORIZE THE SETTING OF A SEPARATE CATEGORY
OF TUITION RATE, THAT SHALL BE GREATER THAN THE TUITION RATE FOR RESI-
DENT STUDENTS AND LESS THAN THE TUITION RATE FOR NON-RESIDENT STUDENTS,
ONLY FOR STUDENTS ENROLLED IN DISTANCE LEARNING COURSES WHO ARE NOT
RESIDENTS OF THE STATE. The trustees shall further provide that the
payment of tuition and fees by any student who is not a resident of New
York state, other than a non-immigrant alien within the meaning of para-
graph (15) of subsection (a) of section 1101 of title 8 of the United
States Code, shall be paid at a rate or charge no greater than that
imposed for students who are residents of the state if such student:
S 5. This act shall take effect April 1, 2016, provided that the
amendments to subparagraph 4 of paragraph h of subdivision 2 of section
355 of the education law made by section one of this act and the amend-
ments to paragraph (a) of subdivision 7 of section 6206 of the education
law made by section three of this act shall be subject to the expiration
and reversion of such provisions pursuant to section 16 of chapter 260
of the laws of 2011, as amended, when upon such date the provisions of
sections two and four of this act, respectively, shall take effect.