N.Y. Comp. Codes R. & Regs. tit. 8 § 602.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 602.10 - College tuition and fees

(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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 602.10

Amended New York State Register February 3, 2016/Volume XXXVIII, Issue 05, eff. 2/3/2016

Amended New York State Register October 5, 2016/Volume XXXVIII, Issue 40, eff. 10/5/2016