Current through Register Vol. 46, No. 12, March 20, 2024
(a) On or before
the date prescribed by the Chancellor of State University or designee, the
college shall file the tuition and fee schedule with State University of New
York for the college fiscal year commencing on July 1st or September
1st.
(b) The college tuition and
fee schedule shall be filed in accordance with article 126 of the Education
Law, this Subchapter, and the manual for community college business offices,
and on the forms and in accordance with the instructions promulgated by the
Chancellor of State University or designee.
(c) Student tuition and fees.
(1) Tuition and student revenue fees shall
not exceed, in the aggregate, more than one third of net operating costs.
Student service fees, such as laboratory fees, late registration fees and
transcript fees, will be applied as offsetting revenues of the operating costs.
Policies governing student revenue fees or any other general fee charged to all
students, such as registration fees, shall be determined, as appropriate, by
the State University trustees.
(2)
The full-time tuition rate for residents of the sponsorship area, and
nonresidents of the sponsorship area presenting certificates of residence,
shall not exceed the amount authorized by the State University Board of
Trustees.
(3) The full-time tuition
rate for baccalaureate and master's degree level programs offered pursuant to
the authorization set forth in subdivision (3) of section
6302 of the Education Law, shall be not
more than the rate for such programs at the State-operated units of the State
University.
(4) The part-time
tuition rates for residents of the sponsorship area, and nonresidents of the
sponsorship area presenting certificates of residence, shall be no more than
1/24th the maximum full-time tuition rate per academic year for those colleges
operating on a semester system, rounded up to the nearest whole dollar, and no
more than 1/36th the maximum full-time tuition rate per academic year for those
colleges operating on a quarter system, rounded up to the nearest whole
dollar.
(5) Lower part-time tuition
rates may be established for courses offered at off-campus locations, or during
winter intersessions and summer sessions, or during off-peak hours as
determined by the college trustees; provided, however, that such rates shall
not be established on a programmatic basis.
(6) The part-time tuition rates shall be
expressed in terms of a rate per credit hour.
(7) The full-time tuition rate shall be
applicable to those students enrolled in 12 or more credit hours, or credit
hour equivalents in the case of aidable noncredit courses, per academic term;
and the part-time tuition rates shall be charged for those students enrolled in
less than 12 credit hours, or credit hour equivalents in the case of aidable
noncredit courses and programs, per academic term, including individual summer
sessions and winter intersessions.
(8) Noncredit courses eligible for State aid
shall be equated to credit hours in accordance with the procedures published by
the State University of New York in the glossary section of the Official
Enrollment Requests in accordance with procedures established by State
University trustees.
(9) Fees
charged for all courses and programs not allowable for State aid shall be
sufficient in the aggregate to support the total direct costs of all such
courses and programs.
(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 reve- nue 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.
(d) Prior to filing with the State University
of New York, the tuition and fee schedule shall have been approved by the
college trustees, and shall contain a certification to this effect by either
the chairperson or secretary of the college trustees.
(e) The tuition and fee schedule shall be
subject to approval by State University trustees.
(f) Deferral of payment of tuition and fees
by veterans. Upon request by a student who is an eligible veteran, the payment
of tuition and fees, less the amounts payable for such purposes from
scholarships or other financial assistance awarded said veteran pursuant to
article 13 or 130 of the Education Law or any other community college, State or
Federal financial aid program, shall be deferred in such amounts and until such
times as the several payments of veterans' benefits under the Veterans'
Readjustment Benefit Act of 1966, as amended, are received by the veteran,
provided that the veteran has filed a claim for such benefits and presents to
the community college proof of eligibility, extent of entitlement to benefits,
and the need for deferral until the receipt of such benefits. The board of
trustees of a community college may promulgate such additional regulations and
procedures, not inconsistent with this section, as may be required to
facilitate implementation of this regulation.
(g) Resident Tuition for Military Personnel
and Dependents. Notwithstanding New York State resident status, the following
individuals shall be charged the resident rate of tuition as approved by the
state university trustees:
(1) Any student
attending a community college who is a member or the spouse or dependent of a
member of the armed forces of the United States on full-time active duty and
stationed in New York State;
(2)
Any student attending a community college in accordance with the federal GI
bills and in compliance with all applicable eligibility requirements thereof;
and
(3) Veterans and their
dependents covered under the Veterans' Access to Care through Choice,
Accountability, and Transparency Act of 2014,
38 U.S.C. §
3679, who are living in New York State while
pursuing a course of education at a community college with assistance under
chapter 30 or 33 of Title 38 of the U.S. Code. A covered veteran under 38
U.S.C. § 3679 is one who was discharged or released from a period of not
fewer than 90 days of service in the active military, naval, or air service
less than three years before the date of enrollment in the course at the
community college. A covered dependent is one who is entitled to assistance
under
38
U.S.C. §
3311(b)(9) or
§ 3319 by virtue of his or her relationship to a covered
veteran.
(h) Tuition
payments are to be recorded for all students except citizens 60 years of age or
over who are auditing courses on a space - available basis.
(i) Student revenue surpluses. With the
exception of the excess student revenues expended as provided in section
602.8(d)(2)
of this Part, when a college has accrued excess student revenues, the college
when submitting its annual financial report shall submit a plan of action that
will effectively reduce the surplus each successive year and eradicate it
within five years.
(j) Tuition
limitations.
(1) To the extent authorized by
law, community colleges may increase tuition and fees above that allowable
under paragraph d of section
6304 of the Education Law, provided the
local sponsor's contribution either in the aggregate or per full time
equivalent student shall be no less than the comparable actual rates for the
previous community college fiscal year.
(2) Tuition rates shall not exceed the
maximum limitations provided in subdivision (c) of this section. However, the
State University trustees may, upon a sufficient showing of financial need,
approve a tuition rate in excess of the limitations provided in subdivision (c)
of this section.