Senate Bill S7615

2019-2020 Legislative Session

Relates to freezing tuition costs at state and city universities for four years; and requiring a report examining the affordability of such public institutions

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 19, 2020	print number 7615a
Feb 19, 2020	amend (t) and recommit to higher education
Jan 31, 2020	referred to higher education

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S7615 - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355 & 6206, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S167

2019-S7615 - Summary

Relates to freezing tuition costs at state and city universities for four years; increases TAP awards by $400 each year for four years; and requires a report examining the affordability of such public institutions and potential funding for eliminating the gap between public funding and actual tuition and costs.

2019-S7615 - Sponsor Memo

                                
 
BILL NUMBER: S7615

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the education law, in relation to tuition costs at state
and city universities; and to require a report examining the affordabil-
ity of such public institutions

 
PURPOSE OR GENERAL IDEA OF BILL:

To freeze tuition at state and city universities pending a report on the

 
SUMMARY OF PROVISIONS:

Section 1: Amends the education law to prohibit SUNY from increasing
tuition, fees or other charges starting in the 2020-2021 academic year
and ending in the 2024-2025 academic year.

Section 2: Amends the education law to authorize students who are resi-
dents of New York State and have paid over $5,000 for tuition in the

2019-2020 academic year to receive a tuition credit.

Section 3: Amends the education law to prohibit CUNY from increasing
tuition, fees or other charges starting in the 2020-2021 academic year
and ending in the 2024-2025 academic year.

Section 4: Amends the education law to prohibit CUNY from increasing
tuition, fees or other charges starting in the 2020-2021 academic year
and ending in the 2024-2025 academic year.

Section 5: Amends the education law to authorize students who are resi-
dents of New York State and have paid over $5,000 for tuition in the
2019-2020 academic year to receive a tuition credit.

Section 6: Directs SUNY and CUNY board of trustees to study the growing
difference between the state's tuition assistance program funding and
actual tuition, fees, and administrative costs at SUNY and CUNY. The
report will investigate and propose funding sources for eliminating the
gap between full funding and actual costs. The board of trustees must
solicit input from the student government organizations. The report will
be submitted within six months of the effective date of this act.

Section 7: The effective date.

 
JUSTIFICATION:

Public universities provide many low-and moderate-income families access
to college at an affordable price. However, over the last 25 years,
there has been a decline in federal and state funding of public univer-
sities in the United States.

Underfunding by the state results in an increased financial burden on
SUNY and CUNY students. From 2008 to 2018, tuition at four-year public
colleges in the United States increased by 37%, and since 1987 the same
figure has increased by 213%. The real incomes of most Americans have
not risen at this pace, which has forced many Americans to rely on
loans, exasperating the student debt crisis.

An increase in tuition will further widen "the TAP Gap," the growing
difference between the state's tuition assistance program funding for
students and actual tuition costs. The maximum amount of TAP that can be
awarded to a student each year is $5,165, while the annual cost of
attendance at a four-year college is $6,730, leaving a yearly gap of
$1,565 that colleges need to fund by slashing existing programs and
services.

Before 2011, low-income SUNY and CUNY students would have their tuition
costs covered in full by TAP, with colleges receiving adequate TAP
payments to help cover costs for hiring new staff, funding libraries and
investing in student support services. The gap between what the state
pays for TAP at SUNY and CUNY and the actual cost of tuition at SUNY and
CUNY has left colleges with a $139 million total shortfall in funding
statewide.

The Rational Tuition Policy proposed in the Executive Budget allows the
Boards of SUNY and CUNY to continue to increase undergraduate tuition by
$200 each academic year. Annual tuition increases only widen the gap and
force students to shoulder the cost of decreasing state expenditures in
the form of poorer services and higher tuition costs.

This bill freezes SUNY and CUNY tuition though academic year ending in
2025. By freezing tuition, the growth of the TAP gap ($139 million) will
remain stagnant for the first time in five years, which will halt the
trend of increasing costs and declining services. During the tuition
freeze, SUNY and CUNY boards are required to study and develop a report
on the best methods to close the TAP gap. Closing this gap will result
in the stabilization of both tuition costs and school services provided
by SUNY and CUNY, which will positively impact New Yorkers pursing high-
er education at public institutions.

 
PRIOR LEGISLATIVE HISTORY:

2019: New Bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7615 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7615
 
                             I N  S E N A T E
 
                             January 31, 2020
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to tuition costs at state
   and city universities; and to require a report examining the  afforda-
   bility of such public institutions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of paragraph h of  subdivision  2  of
 section  355 of the education law, as separately amended by chapters 552
 and 616 of the laws of 1985, is amended to read as follows:
   To regulate the admission of students,  prescribe  the  qualifications
 for  their  continued  attendance,  regulate  tuition  charges  where no
 provision is otherwise made therefor by law, and regulate other fees and
 charges, curricula and all other matters pertaining to the operation and
 administration of each state-operated institution in the state universi-
 ty; PROVIDED, HOWEVER, THAT THE TRUSTEES SHALL NOT  HAVE  THE  POWER  TO
 INCREASE TUITION, FEES OR OTHER CHARGES COMMENCING WITH THE TWO THOUSAND
 TWENTY--TWO  THOUSAND  TWENTY-ONE  ACADEMIC  YEAR  AND ENDING IN THE TWO
 THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE ACADEMIC YEAR.
   § 2. Clause (ii) of subparagraph 4 of paragraph h of subdivision 2  of
 section 355 of the education law, as amended by section 1 of part JJJ of
 chapter 59 of the laws of 2017, is amended to read as follows:
   (ii) Commencing with the two thousand seventeen--two thousand eighteen
 academic year and ending in the [two thousand twenty--two thousand twen-
 ty-one]  TWO  THOUSAND  NINETEEN--TWO  THOUSAND TWENTY academic year the
 state university of New York board of trustees  shall  be  empowered  to
 increase the resident undergraduate rate of tuition by not more than two
 hundred  dollars over the resident undergraduate rate of tuition adopted
 by the board of trustees in the prior academic year,  provided,  however
 that  if  the annual resident undergraduate rate of tuition would exceed
 five thousand dollars, then a tuition credit for each eligible  student,
 as  determined  and  calculated  by  the New York state higher education
 services corporation pursuant to section six  hundred  eighty-nine-a  of
 this  title, shall be applied toward the tuition charged for each semes-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15001-02-0

 S. 7615                             2
 
 ter, quarter or term of study. Tuition for  each  semester,  quarter  or
 term  of study shall not be due for any student eligible to receive such
 tuition credit until  the  tuition  credit  is  calculated  and  applied
 against  the  tuition charged for the corresponding semester, quarter or
 term. Provided, further that the revenue resulting from an  increase  in
 the rate of tuition shall be allocated to each campus pursuant to a plan
 approved  by  the board of trustees to support investments in new class-
 room faculty, instruction, initiatives to improve  student  success  and
 on-time completion and a tuition credit for each eligible student.
   §  3.  The  opening  paragraph  of  paragraph  (a) of subdivision 7 of
 section 6206 of the education law, as amended by section 2 of  part  JJJ
 of chapter 59 of the laws of 2017, 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; PROVIDED, HOWEVER, THAT THE  TRUSTEES  SHALL  NOT  HAVE  THE
 POWER TO INCREASE TUITION, FEES OR OTHER CHARGES COMMENCING WITH THE TWO
 THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE ACADEMIC YEAR AND ENDING IN THE
 TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND TWENTY-FIVE ACADEMIC YEAR. The
 trustees shall review any proposed community  college  tuition  increase
 and  the  justification for such increase. The justification provided by
 the community college for such increase shall include a detailed  analy-
 sis  of ongoing operating costs, capital, debt service expenditures, and
 all revenues. The trustees  shall  not  impose  a  differential  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 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; provided, however, that:
   § 4. The opening paragraph  of  paragraph  (a)  of  subdivision  7  of
 section  6206  of  the education law, as amended by section 4 of chapter
 437 of the laws of 2015, 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;  PROVIDED,  HOWEVER,  THAT  THE  TRUSTEES SHALL NOT HAVE THE
 POWER TO INCREASE TUITION, FEES OR OTHER CHARGES COMMENCING WITH THE TWO
 THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE ACADEMIC YEAR AND ENDING IN THE
 TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE  ACADEMIC  YEAR.  The
 trustees  shall  review  any proposed community college tuition increase
 and the justification for such increase. The justification  provided  by
 the  community college for such increase shall include a detailed analy-

 S. 7615                             3
 
 sis of ongoing operating costs, capital, debt service expenditures,  and
 all  revenues.  The  trustees  shall  not  impose a differential 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 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  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 paragraph (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:
   § 5. Subparagraph (ii) of paragraph (a) of subdivision  7  of  section
 6206  of the education law, as amended by section 2 of part JJJ of chap-
 ter 59 of the laws of 2017, is amended to read as follows:
   (ii) Commencing with the two thousand seventeen--two thousand eighteen
 academic year and ending in the [two thousand twenty--two thousand twen-
 ty-one] TWO THOUSAND NINETEEN--TWO THOUSAND  TWENTY  academic  year  the
 city  university  of  New  York  board of trustees shall be empowered to
 increase the resident undergraduate rate of tuition by not more than two
 hundred dollars over the resident undergraduate rate of tuition  adopted
 by  the  board  of trustees in the prior academic year, provided however
 that if the annual resident undergraduate rate of tuition  would  exceed
 five  thousand dollars, then a tuition credit for each eligible student,
 as determined and calculated by the  New  York  state  higher  education
 services  corporation  pursuant  to section six hundred eighty-nine-a of
 this title, shall be applied toward the tuition charged for each  semes-
 ter,  quarter  or  term  of study. Tuition for each semester, quarter or
 term of study shall not be due for any student eligible to receive  such
 tuition  credit  until  the  tuition  credit  is  calculated and applied
 against the tuition charged for the corresponding semester,  quarter  or
 term.  Provided,  further that the revenue resulting from an increase in
 the rate of tuition shall be allocated to each campus pursuant to a plan
 approved by the board of trustees to support investments in  new  class-
 room  faculty,  instruction,  initiatives to improve student success and
 on-time completion and a tuition credit for each eligible student.
   § 6. The boards of trustees of the state university of  New  York  and
 the city university of New York shall study, or cause to be studied, the
 growing  difference between the state's tuition assistance program fund-
 ing for students and actual tuition, fees and  administrative  costs  at
 the  state's  and city's public universities. Such report shall investi-
 gate and propose funding sources for eliminating the  gap  between  full
 funding  and  actual  costs.  In  conducting such study the boards shall
 solicit input from representatives of student  government  organizations
 from among the state and city universities. Such report shall be submit-
 ted  to  the  governor,  the  temporary  president of the senate and the
 speaker of the assembly within one year of the effective  date  of  this
 act.
   §  7.  This  act shall take effect immediately; provided that: (a) the
 amendments to clause (ii) of subparagraph 4 of paragraph h  of  subdivi-
 sion  2  of section 355 of the education law made by section two of this
 act shall not affect the expiration and reversion of  such  subparagraph

 S. 7615                             4
 
 and shall expire and be deemed repealed therewith; (b) the amendments to
 the  opening paragraph of paragraph (a) of subdivision 7 of section 6206
 of the education law made by section three of this act shall not  affect
 the expiration and reversion of such paragraph pursuant to section 16 of
 chapter  260  of  the  laws of 2011, as amended, when upon such date the
 provisions of section four of this act shall take effect;  (c)  and  the
 amendments  to  subparagraph  (ii)  of paragraph (a) of subdivision 7 of
 section 6206 of the education law made by section five of this act shall
 not affect the expiration of such paragraph  and  shall  expire  and  be
 deemed repealed therewith.

co-Sponsors

2019-S7615A (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355 & 6206, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S167

2019-S7615A (ACTIVE) - Summary

2019-S7615A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7615A

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the education law, in relation to tuition costs at state
and city universities and increasing tuition assistance program awards;
and to require a report examining the affordability of such public
institutions

 
PURPOSE OR GENERAL IDEA OF BILL:

To freeze tuition at state and city universities pending a report on
their affordability.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the education law to prohibit SUNY from increasing
tuition, fees or other charges starting in the 2020-2021 academic year
and ending in the 2024-2025 academic year.

Section 2: Amends the education law to authorize students who are resi-
dents of New York State and have paid over $5,000 for tuition in the
2019-2020 academic year to receive a tuition credit.

Section 3: Amends the education law to prohibit CUNY from increasing
tuition, fees or other charges starting in the 2020-2021 academic year
and ending in the 2024-2025 academic year.

Section 4: Amends the education law to prohibit CUNY from increasing
tuition, fees or other charges starting in the 2020-2021 academic year
and ending in the 2024-2025 academic year.

Section 5: Amends the education law to authorize students who are resi-
dents of New York State and have paid over $5,000 for tuition in the
2019-2020 academic year to receive a tuition credit.

Section 6: Directs SUNY and CUNY board of trustees to study the growing
difference between the state's tuition assistance program funding and
actual tuition, fees, and administrative costs at SUNY and CUNY. The
report will investigate and propose funding sources for eliminating the
gap between full funding and actual costs. The board of trustees must
solicit input from the student government organizations. The report will
be submitted within six months of the effective date of this act.

Section 7: Amends the education law to incrementally increase the maxi-
mum award provided by the tuition assistance program from $5,165 to
$7,165.

Section 8: The effective date.

 
JUSTIFICATION:

Public universities provide many low-and moderate-income families access
to college at an affordable price. However, over the last 25 years,
there has been a decline in federal and state funding of public univer-
sities in the United States.


Underfunding by the state results in an increased financial burden on
SUNY and CUNY students. From 2008 to 2018, tuition at four-year public
colleges in the United States increased by 37%, and since 1987 the same
figure has increased by 213%. The real incomes of most Americans have
not risen at this pace, which has forced many Americans to rely on
loans, exasperating the student debt crisis.

An increase in tuition will further widen "the TAP Gap," the growing
difference between the state's tuition assistance program funding for
students and actual tuition costs. The maximum amount of TAP that can be
awarded to a student each year is $5,165, while the annual cost of
attendance at a four-year college is $6,730, leaving a yearly gap of
$1,565 that colleges need to fund by slashing existing programs and
services.

Before 2011, low-income SUNY and CUNY students would have their tuition
costs covered in full by TAP, with colleges receiving adequate TAP
payments to help cover costs for hiring new staff, funding libraries and
investing in student support services. The gap between what the state
pays for TAP at SUNY and CUNY and the actual cost of tuition at SUNY and
CUNY has left colleges with a $139 million total shortfall in funding
statewide.

The Rational Tuition Policy proposed in the Executive Budget allows the
Boards of SUNY and CUNY to continue to increase undergraduate tuition by
$200 each academic year. Annual tuition increases only widen the gap and
force students to shoulder the cost of decreasing state expenditures in
the form of poorer services and higher tuition costs.

This bill freezes SUNY and CUNY tuition though academic year ending in
2025. By freezing tuition, the growth of the TAP gap ($139 million) will
remain stagnant for the first time in five years, which will halt the
trend of increasing costs and declining services. During the tuition
freeze, SUNY and CUNY boards are required to study and develop a report
on the best methods to close the TAP gap. This bill also raises the
maximum award that can be provided by the TAP.  Closing this gap will
result in the stabilization of both tuition costs and school services
provided by SUNY and CUNY, which will positively impact New Yorkers
pursing higher education at public institutions.

 
PRIOR LEGISLATIVE HISTORY:

2019: New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S7615A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7615--A
 
                             I N  S E N A T E
 
                             January 31, 2020
                                ___________
 
 Introduced  by Sens. THOMAS, BROOKS, COMRIE, PARKER, RAMOS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Higher Education -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the education law, in relation to tuition costs at state
   and  city  universities  and  increasing  tuition  assistance  program
   awards; and to require a report examining the  affordability  of  such
   public institutions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of paragraph h of  subdivision  2  of
 section  355 of the education law, as separately amended by chapters 552
 and 616 of the laws of 1985, is amended to read as follows:
   To regulate the admission of students,  prescribe  the  qualifications
 for  their  continued  attendance,  regulate  tuition  charges  where no
 provision is otherwise made therefor by law, and regulate other fees and
 charges, curricula and all other matters pertaining to the operation and
 administration of each state-operated institution in the state universi-
 ty; PROVIDED, HOWEVER, THAT THE TRUSTEES SHALL NOT  HAVE  THE  POWER  TO
 INCREASE TUITION, FEES OR OTHER CHARGES COMMENCING WITH THE TWO THOUSAND
 TWENTY--TWO  THOUSAND  TWENTY-ONE  ACADEMIC  YEAR  AND ENDING IN THE TWO
 THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE ACADEMIC YEAR.
   § 2. Clause (ii) of subparagraph 4 of paragraph h of subdivision 2  of
 section 355 of the education law, as amended by section 1 of part JJJ of
 chapter 59 of the laws of 2017, is amended to read as follows:
   (ii) Commencing with the two thousand seventeen--two thousand eighteen
 academic year and ending in the [two thousand twenty--two thousand twen-
 ty-one]  TWO  THOUSAND  NINETEEN--TWO  THOUSAND TWENTY academic year the
 state university of New York board of trustees  shall  be  empowered  to
 increase the resident undergraduate rate of tuition by not more than two
 hundred  dollars over the resident undergraduate rate of tuition adopted
 by the board of trustees in the prior academic year,  provided,  however
 that  if  the annual resident undergraduate rate of tuition would exceed
 five thousand dollars, then a tuition credit for each eligible  student,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15001-03-0

 S. 7615--A                          2
 
 as  determined  and  calculated  by  the New York state higher education
 services corporation pursuant to section six  hundred  eighty-nine-a  of
 this  title, shall be applied toward the tuition charged for each semes-
 ter,  quarter  or  term  of study. Tuition for each semester, quarter or
 term of study shall not be due for any student eligible to receive  such
 tuition  credit  until  the  tuition  credit  is  calculated and applied
 against the tuition charged for the corresponding semester,  quarter  or
 term.  Provided,  further that the revenue resulting from an increase in
 the rate of tuition shall be allocated to each campus pursuant to a plan
 approved by the board of trustees to support investments in  new  class-
 room  faculty,  instruction,  initiatives to improve student success and
 on-time completion and a tuition credit for each eligible student.
   § 3. The opening paragraph  of  paragraph  (a)  of  subdivision  7  of
 section  6206  of the education law, as amended by section 2 of part JJJ
 of chapter 59 of the laws of 2017, 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;  PROVIDED,  HOWEVER,  THAT  THE  TRUSTEES SHALL NOT HAVE THE
 POWER TO INCREASE TUITION, FEES OR OTHER CHARGES COMMENCING WITH THE TWO
 THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE ACADEMIC YEAR AND ENDING IN THE
 TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE  ACADEMIC  YEAR.  The
 trustees  shall  review  any proposed community college tuition increase
 and the justification for such increase. The justification  provided  by
 the  community college for such increase shall include a detailed analy-
 sis of ongoing operating costs, capital, debt service expenditures,  and
 all  revenues.  The  trustees  shall  not  impose a differential 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 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; provided, however, that:
   §  4.  The  opening  paragraph  of  paragraph  (a) of subdivision 7 of
 section 6206 of the education law, as amended by section  4  of  chapter
 437 of the laws of 2015, 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; PROVIDED, HOWEVER, THAT THE  TRUSTEES  SHALL  NOT  HAVE  THE
 POWER TO INCREASE TUITION, FEES OR OTHER CHARGES COMMENCING WITH THE TWO
 THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE ACADEMIC YEAR AND ENDING IN THE
 TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND TWENTY-FIVE ACADEMIC YEAR. The

 S. 7615--A                          3
 
 trustees shall review any proposed community  college  tuition  increase
 and  the  justification for such increase. The justification provided by
 the community college for such increase shall include a detailed  analy-
 sis  of ongoing operating costs, capital, debt service expenditures, and
 all revenues. The trustees  shall  not  impose  a  differential  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 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  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 paragraph (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:
   §  5.  Subparagraph  (ii) of paragraph (a) of subdivision 7 of section
 6206 of the education law, as amended by section 2 of part JJJ of  chap-
 ter 59 of the laws of 2017, is amended to read as follows:
   (ii) Commencing with the two thousand seventeen--two thousand eighteen
 academic year and ending in the [two thousand twenty--two thousand twen-
 ty-one]  TWO  THOUSAND  NINETEEN--TWO  THOUSAND TWENTY academic year the
 city university of New York board of  trustees  shall  be  empowered  to
 increase the resident undergraduate rate of tuition by not more than two
 hundred  dollars over the resident undergraduate rate of tuition adopted
 by the board of trustees in the prior academic  year,  provided  however
 that  if  the annual resident undergraduate rate of tuition would exceed
 five thousand dollars, then a tuition credit for each eligible  student,
 as  determined  and  calculated  by  the New York state higher education
 services corporation pursuant to section six  hundred  eighty-nine-a  of
 this  title, shall be applied toward the tuition charged for each semes-
 ter, quarter or term of study. Tuition for  each  semester,  quarter  or
 term  of study shall not be due for any student eligible to receive such
 tuition credit until  the  tuition  credit  is  calculated  and  applied
 against  the  tuition charged for the corresponding semester, quarter or
 term. Provided, further that the revenue resulting from an  increase  in
 the rate of tuition shall be allocated to each campus pursuant to a plan
 approved  by  the board of trustees to support investments in new class-
 room faculty, instruction, initiatives to improve  student  success  and
 on-time completion and a tuition credit for each eligible student.
   §  6.  The  boards of trustees of the state university of New York and
 the city university of New York shall study, or cause to be studied, the
 growing difference between the state's tuition assistance program  fund-
 ing  for  students  and actual tuition, fees and administrative costs at
 the state's and city's public universities. Such report  shall  investi-
 gate  and  propose  funding sources for eliminating the gap between full
 funding and actual costs. In conducting  such  study  the  boards  shall
 solicit  input  from representatives of student government organizations
 from among the state and city universities. Such report shall be submit-
 ted to the governor, the temporary  president  of  the  senate  and  the
 speaker  of  the  assembly within one year of the effective date of this
 act.

 S. 7615--A                          4
 
   § 7. Subitem (c) of item 1 of clause (A) of subparagraph (i) of  para-
 graph a of subdivision 3 of section 667 of the education law, as amended
 by  section 1 of part U of chapter 56 of the laws of 2014, is amended to
 read as follows:
   (c) For students first receiving aid in two thousand--two thousand one
 and  thereafter,  five thousand dollars, except starting in two thousand
 [fourteen-two] FOURTEEN--TWO thousand fifteen  and  [thereafter]  BEFORE
 TWO  THOUSAND  TWENTY  such  students  shall  receive  five thousand one
 hundred sixty-five dollars, BEGINNING IN TWO THOUSAND TWENTY--TWO  THOU-
 SAND  TWENTY-ONE  SUCH STUDENTS SHALL RECEIVE FIVE THOUSAND FIVE HUNDRED
 SIXTY-FIVE DOLLARS, BEGINNING IN TWO THOUSAND  TWENTY-ONE--TWO  THOUSAND
 TWENTY-TWO  SUCH  STUDENTS  SHALL  RECEIVE  FIVE  THOUSAND  NINE HUNDRED
 SIXTY-FIVE DOLLARS, BEGINNING IN TWO THOUSAND  TWENTY-TWO--TWO  THOUSAND
 TWENTY-THREE  SUCH  STUDENTS  SHALL  RECEIVE  SIX THOUSAND THREE HUNDRED
 SIXTY-FIVE DOLLARS, BEGINNING IN TWO THOUSAND TWENTY-THREE--TWO THOUSAND
 TWENTY-FOUR SUCH STUDENTS  SHALL  RECEIVE  SIX  THOUSAND  SEVEN  HUNDRED
 SIXTY-FIVE  DOLLARS, BEGINNING IN TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
 TWENTY-FIVE AND THEREAFTER SUCH STUDENTS SHALL  RECEIVE  SEVEN  THOUSAND
 ONE HUNDRED SIXTY-FIVE DOLLARS; or
   §  8.  This  act shall take effect immediately; provided that: (a) the
 amendments to clause (ii) of subparagraph 4 of paragraph h  of  subdivi-
 sion  2  of section 355 of the education law made by section two of this
 act shall not affect the expiration and reversion of  such  subparagraph
 and shall expire and be deemed repealed therewith; (b) the amendments to
 the  opening paragraph of paragraph (a) of subdivision 7 of section 6206
 of the education law made by section three of this act shall not  affect
 the expiration and reversion of such paragraph pursuant to section 16 of
 chapter  260  of  the  laws of 2011, as amended, when upon such date the
 provisions of section four of this act shall take effect;  (c)  and  the
 amendments  to  subparagraph  (ii)  of paragraph (a) of subdivision 7 of
 section 6206 of the education law made by section five of this act shall
 not affect the expiration of such paragraph  and  shall  expire  and  be
 deemed repealed therewith.

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Senate Bill S7615

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