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.