Bill Text: NY S00167 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to freezing tuition costs at state and city universities for four years; increases TAP awards by $400 each year for four years; 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HIGHER EDUCATION [S00167 Detail]

Download: New_York-2021-S00167-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           167

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        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  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:

     1    Section  1.  The  opening paragraph of paragraph h of subdivision 2 of
     2  section 355 of the education law, as separately amended by chapters  552
     3  and 616 of the laws of 1985, is amended to read as follows:
     4    To  regulate  the  admission of students, prescribe the qualifications
     5  for their  continued  attendance,  regulate  tuition  charges  where  no
     6  provision is otherwise made therefor by law, and regulate other fees and
     7  charges, curricula and all other matters pertaining to the operation and
     8  administration of each state-operated institution in the state universi-
     9  ty;  provided,  however,  that  the trustees shall not have the power to
    10  increase tuition, fees or other charges commencing with the two thousand
    11  twenty-one--two thousand twenty-two academic year and ending in the  two
    12  thousand twenty-five--two thousand twenty-six academic year.
    13    §  2.  The  opening  paragraph  of  paragraph  (a) of subdivision 7 of
    14  section 6206 of the education law, as amended by section 2 of  part  JJJ
    15  of chapter 59 of the laws of 2017, is amended to read as follows:
    16    The  board  of  trustees shall establish positions, departments, divi-
    17  sions and faculties; appoint and in accordance with  the  provisions  of
    18  law fix salaries of instructional and non-instructional employees there-
    19  in; establish and conduct courses and curricula; prescribe conditions of
    20  student admission, attendance and discharge; and shall have the power to
    21  determine  in  its  discretion  whether  tuition shall be charged and to
    22  regulate tuition charges, and other instructional and  non-instructional

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02801-01-1
        S. 167                              2

     1  fees  and  other  fees  and charges at the educational units of the city
     2  university; provided, however, that the  trustees  shall  not  have  the
     3  power to increase tuition, fees or other charges commencing with the two
     4  thousand twenty-one--two thousand twenty-two academic year and ending in
     5  the two thousand twenty-five--two thousand twenty-six academic year. The
     6  trustees  shall  review  any proposed community college tuition increase
     7  and the justification for such increase. The justification  provided  by
     8  the  community college for such increase shall include a detailed analy-
     9  sis of ongoing operating costs, capital, debt service expenditures,  and
    10  all  revenues.  The  trustees  shall  not  impose a differential tuition
    11  charge based upon need or income.  All  students  enrolled  in  programs
    12  leading  to  like  degrees  at  the  senior  colleges shall be charged a
    13  uniform rate of tuition, except for differential tuition rates based  on
    14  state  residency. Notwithstanding any other provision of this paragraph,
    15  the trustees may authorize the setting of a separate category of tuition
    16  rate, that shall be greater than the tuition rate for resident  students
    17  and  less  than  the  tuition  rate  for non-resident students, only for
    18  students enrolled in distance learning courses who are not residents  of
    19  the state; provided, however, that:
    20    §  3.  The  opening  paragraph  of  paragraph  (a) of subdivision 7 of
    21  section 6206 of the education law, as amended by section  4  of  chapter
    22  437 of the laws of 2015, is amended to read as follows:
    23    The  board  of  trustees shall establish positions, departments, divi-
    24  sions and faculties; appoint and in accordance with  the  provisions  of
    25  law fix salaries of instructional and non-instructional employees there-
    26  in; establish and conduct courses and curricula; prescribe conditions of
    27  student admission, attendance and discharge; and shall have the power to
    28  determine  in  its  discretion  whether  tuition shall be charged and to
    29  regulate tuition charges, and other instructional and  non-instructional
    30  fees  and  other  fees  and charges at the educational units of the city
    31  university; provided, however, that the  trustees  shall  not  have  the
    32  power to increase tuition, fees or other charges commencing with the two
    33  thousand twenty-one--two thousand twenty-two academic year and ending in
    34  the two thousand twenty-five--two thousand twenty-six academic year. The
    35  trustees  shall  review  any proposed community college tuition increase
    36  and the justification for such increase. The justification  provided  by
    37  the  community college for such increase shall include a detailed analy-
    38  sis of ongoing operating costs, capital, debt service expenditures,  and
    39  all  revenues.  The  trustees  shall  not  impose a differential tuition
    40  charge based upon need or income.  All  students  enrolled  in  programs
    41  leading  to  like  degrees  at  the  senior  colleges shall be charged a
    42  uniform rate of tuition, except for differential tuition rates based  on
    43  state  residency. Notwithstanding any other provision of this paragraph,
    44  the trustees may authorize the setting of a separate category of tuition
    45  rate, that shall be greater than the tuition rate for resident  students
    46  and  less  than  the  tuition  rate  for non-resident students, only for
    47  students enrolled in distance learning courses who are not residents  of
    48  the  state.  The  trustees  shall  further  provide  that the payment of
    49  tuition and fees by any student who is not a resident of New York state,
    50  other than a non-immigrant alien within the meaning of paragraph (15) of
    51  subsection (a) of section 1101 of title 8 of  the  United  States  Code,
    52  shall  be  paid  at  a  rate  or charge no greater than that imposed for
    53  students who are residents of the state if such student:
    54    § 4. The boards of trustees of the state university of  New  York  and
    55  the city university of New York shall study, or cause to be studied, the
    56  growing  difference between the state's tuition assistance program fund-
        S. 167                              3

     1  ing for students and actual tuition, fees and  administrative  costs  at
     2  the  state's  and city's public universities. Such report shall investi-
     3  gate and propose funding sources for eliminating the  gap  between  full
     4  funding  and  actual  costs.  In  conducting such study the boards shall
     5  solicit input from representatives of student  government  organizations
     6  from among the state and city universities. Such report shall be submit-
     7  ted  to  the  governor,  the  temporary  president of the senate and the
     8  speaker of the assembly within one year of the effective  date  of  this
     9  act.
    10    §  5. Subitem (c) of item 1 of clause (A) of subparagraph (i) of para-
    11  graph a of subdivision 3 of section 667 of the education law, as amended
    12  by section 1 of part U of chapter 56 of the laws of 2014, is amended  to
    13  read as follows:
    14    (c)  For  students  first receiving aid: in two thousand--two thousand
    15  one [and thereafter,] five thousand dollars, [except  starting]  in  two
    16  thousand  [fourteen-two] fourteen--two thousand fifteen and [thereafter]
    17  before two thousand twenty such students shall receive five thousand one
    18  hundred sixty-five dollars, beginning in  two  thousand  twenty-one--two
    19  thousand  twenty-two  such  students  shall  receive  five thousand nine
    20  hundred sixty-five dollars, beginning in  two  thousand  twenty-two--two
    21  thousand  twenty-three  such  students  shall receive six thousand three
    22  hundred sixty-five dollars, beginning in two thousand  twenty-three--two
    23  thousand  twenty-four  such  students  shall  receive six thousand seven
    24  hundred sixty-five dollars, beginning in two  thousand  twenty-four--two
    25  thousand  twenty-five  and  thereafter such students shall receive seven
    26  thousand one hundred sixty-five dollars; or
    27    § 6. This act shall take effect immediately; provided that the  amend-
    28  ments  to  the  opening  paragraph  of paragraph (a) of subdivision 7 of
    29  section 6206 of the education law made by section two of this act  shall
    30  not  affect  the  expiration and reversion of such paragraph pursuant to
    31  section 16 of chapter 260 of the laws of 2011,  as  amended,  when  upon
    32  such date the provisions of section three of this act shall take effect.