Bill Text: NY S07615 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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; 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.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-02-19 - PRINT NUMBER 7615A [S07615 Detail]

Download: New_York-2019-S07615-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7615

                    IN SENATE

                                    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:

     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--two  thousand  twenty-one  academic  year  and ending in the two
    12  thousand twenty-four--two thousand twenty-five academic year.
    13    § 2. Clause (ii) of subparagraph 4 of paragraph h of subdivision 2  of
    14  section 355 of the education law, as amended by section 1 of part JJJ of
    15  chapter 59 of the laws of 2017, is amended to read as follows:
    16    (ii) Commencing with the two thousand seventeen--two thousand eighteen
    17  academic year and ending in the [two thousand twenty--two thousand twen-
    18  ty-one]  two  thousand  nineteen--two  thousand twenty academic year the
    19  state university of New York board of trustees  shall  be  empowered  to
    20  increase the resident undergraduate rate of tuition by not more than two
    21  hundred  dollars over the resident undergraduate rate of tuition adopted
    22  by the board of trustees in the prior academic year,  provided,  however
    23  that  if  the annual resident undergraduate rate of tuition would exceed
    24  five thousand dollars, then a tuition credit for each eligible  student,
    25  as  determined  and  calculated  by  the New York state higher education
    26  services corporation pursuant to section six  hundred  eighty-nine-a  of
    27  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

     1  ter, quarter or term of study. Tuition for  each  semester,  quarter  or
     2  term  of study shall not be due for any student eligible to receive such
     3  tuition credit until  the  tuition  credit  is  calculated  and  applied
     4  against  the  tuition charged for the corresponding semester, quarter or
     5  term. Provided, further that the revenue resulting from an  increase  in
     6  the rate of tuition shall be allocated to each campus pursuant to a plan
     7  approved  by  the board of trustees to support investments in new class-
     8  room faculty, instruction, initiatives to improve  student  success  and
     9  on-time completion and a tuition credit for each eligible student.
    10    §  3.  The  opening  paragraph  of  paragraph  (a) of subdivision 7 of
    11  section 6206 of the education law, as amended by section 2 of  part  JJJ
    12  of chapter 59 of the laws of 2017, is amended to read as follows:
    13    The  board  of  trustees shall establish positions, departments, divi-
    14  sions and faculties; appoint and in accordance with  the  provisions  of
    15  law fix salaries of instructional and non-instructional employees there-
    16  in; establish and conduct courses and curricula; prescribe conditions of
    17  student admission, attendance and discharge; and shall have the power to
    18  determine  in  its  discretion  whether  tuition shall be charged and to
    19  regulate tuition charges, and other instructional and  non-instructional
    20  fees  and  other  fees  and charges at the educational units of the city
    21  university; provided, however, that the  trustees  shall  not  have  the
    22  power to increase tuition, fees or other charges commencing with the two
    23  thousand twenty--two thousand twenty-one academic year and ending in the
    24  two  thousand  twenty-four--two  thousand twenty-five academic year. The
    25  trustees shall review any proposed community  college  tuition  increase
    26  and  the  justification for such increase. The justification provided by
    27  the community college for such increase shall include a detailed  analy-
    28  sis  of ongoing operating costs, capital, debt service expenditures, and
    29  all revenues. The trustees  shall  not  impose  a  differential  tuition
    30  charge  based  upon  need  or  income. All students enrolled in programs
    31  leading to like degrees at  the  senior  colleges  shall  be  charged  a
    32  uniform  rate of tuition, except for differential tuition rates based on
    33  state residency. Notwithstanding any other provision of this  paragraph,
    34  the trustees may authorize the setting of a separate category of tuition
    35  rate,  that shall be greater than the tuition rate for resident students
    36  and less than the tuition  rate  for  non-resident  students,  only  for
    37  students  enrolled in distance learning courses who are not residents of
    38  the state; provided, however, that:
    39    § 4. The opening paragraph  of  paragraph  (a)  of  subdivision  7  of
    40  section  6206  of  the education law, as amended by section 4 of chapter
    41  437 of the laws of 2015, is amended to read as follows:
    42    The board of trustees shall establish  positions,  departments,  divi-
    43  sions  and  faculties;  appoint and in accordance with the provisions of
    44  law fix salaries of instructional and non-instructional employees there-
    45  in; establish and conduct courses and curricula; prescribe conditions of
    46  student admission, attendance and discharge; and shall have the power to
    47  determine in its discretion whether tuition  shall  be  charged  and  to
    48  regulate  tuition charges, and other instructional and non-instructional
    49  fees and other fees and charges at the educational  units  of  the  city
    50  university;  provided,  however,  that  the  trustees shall not have the
    51  power to increase tuition, fees or other charges commencing with the two
    52  thousand twenty--two thousand twenty-one academic year and ending in the
    53  two thousand twenty-four--two thousand twenty-five  academic  year.  The
    54  trustees  shall  review  any proposed community college tuition increase
    55  and the justification for such increase. The justification  provided  by
    56  the  community college for such increase shall include a detailed analy-
        S. 7615                             3

     1  sis of ongoing operating costs, capital, debt service expenditures,  and
     2  all  revenues.  The  trustees  shall  not  impose a differential tuition
     3  charge based upon need or income.  All  students  enrolled  in  programs
     4  leading  to  like  degrees  at  the  senior  colleges shall be charged a
     5  uniform rate of tuition, except for differential tuition rates based  on
     6  state  residency. Notwithstanding any other provision of this paragraph,
     7  the trustees may authorize the setting of a separate category of tuition
     8  rate, that shall be greater than the tuition rate for resident  students
     9  and  less  than  the  tuition  rate  for non-resident students, only for
    10  students enrolled in distance learning courses who are not residents  of
    11  the  state.  The  trustees  shall  further  provide  that the payment of
    12  tuition and fees by any student who is not a resident of New York state,
    13  other than a non-immigrant alien within the meaning of paragraph (15) of
    14  subsection (a) of section 1101 of title 8 of  the  United  States  Code,
    15  shall  be  paid  at  a  rate  or charge no greater than that imposed for
    16  students who are residents of the state if such student:
    17    § 5. Subparagraph (ii) of paragraph (a) of subdivision  7  of  section
    18  6206  of the education law, as amended by section 2 of part JJJ of chap-
    19  ter 59 of the laws of 2017, is amended to read as follows:
    20    (ii) Commencing with the two thousand seventeen--two thousand eighteen
    21  academic year and ending in the [two thousand twenty--two thousand twen-
    22  ty-one] two thousand nineteen--two thousand  twenty  academic  year  the
    23  city  university  of  New  York  board of trustees shall be empowered to
    24  increase the resident undergraduate rate of tuition by not more than two
    25  hundred dollars over the resident undergraduate rate of tuition  adopted
    26  by  the  board  of trustees in the prior academic year, provided however
    27  that if the annual resident undergraduate rate of tuition  would  exceed
    28  five  thousand dollars, then a tuition credit for each eligible student,
    29  as determined and calculated by the  New  York  state  higher  education
    30  services  corporation  pursuant  to section six hundred eighty-nine-a of
    31  this title, shall be applied toward the tuition charged for each  semes-
    32  ter,  quarter  or  term  of study. Tuition for each semester, quarter or
    33  term of study shall not be due for any student eligible to receive  such
    34  tuition  credit  until  the  tuition  credit  is  calculated and applied
    35  against the tuition charged for the corresponding semester,  quarter  or
    36  term.  Provided,  further that the revenue resulting from an increase in
    37  the rate of tuition shall be allocated to each campus pursuant to a plan
    38  approved by the board of trustees to support investments in  new  class-
    39  room  faculty,  instruction,  initiatives to improve student success and
    40  on-time completion and a tuition credit for each eligible student.
    41    § 6. The boards of trustees of the state university of  New  York  and
    42  the city university of New York shall study, or cause to be studied, the
    43  growing  difference between the state's tuition assistance program fund-
    44  ing for students and actual tuition, fees and  administrative  costs  at
    45  the  state's  and city's public universities. Such report shall investi-
    46  gate and propose funding sources for eliminating the  gap  between  full
    47  funding  and  actual  costs.  In  conducting such study the boards shall
    48  solicit input from representatives of student  government  organizations
    49  from among the state and city universities. Such report shall be submit-
    50  ted  to  the  governor,  the  temporary  president of the senate and the
    51  speaker of the assembly within one year of the effective  date  of  this
    52  act.
    53    §  7.  This  act shall take effect immediately; provided that: (a) the
    54  amendments to clause (ii) of subparagraph 4 of paragraph h  of  subdivi-
    55  sion  2  of section 355 of the education law made by section two of this
    56  act shall not affect the expiration and reversion of  such  subparagraph
        S. 7615                             4

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