N.Y. Education Law § 6305: Non-resident and out-of-state students

§ 6305. Non-resident and out-of-state students. 1. In addition to

admitting residents of its own local sponsor or sponsors, each community

college shall, within the quota and under the conditions prescribed by

the state university trustees, admit non-resident students and

out-of-state students.

2. Any community college may, with the approval of the state

university trustees, charge non-resident students sufficient tuition and

fees to cover an allocable portion of the local sponsor's share of the

operating costs of such community college in addition to regular tuition

and fees. Such community college may elect to charge to and collect

from each county within the state which has issued a certificate or

certificates of residence pursuant to subdivision three of this section

on the basis of which such non-resident students are attending such

community college, an allocable portion of the local sponsor's share of

the operating costs of such community college attributable to such

non-resident students, computed on a per student basis, together with a

further sum of not to exceed three hundred dollars each year to be

determined and approved by the state university trustees for each such

non-resident student on account of the local sponsor's share of the

capital costs incurred to provide facilities in which such non-resident

students can be accommodated; or, where such non-resident students come

from communities which have elected to participate in and pay an

appropriate share of the expenses involved in the local sponsor's

community college program, such allocable portion of operating expenses

and such further sum not to exceed three hundred dollars per student for

capital costs on account of their residents attending such community

college shall be determined and approved by the state university

trustees, and be charged to and collected from such communities.

3. The chief fiscal officer of each county, as defined in section 2.00

of the local finance law, shall, upon application and submission to such

chief fiscal officer of satisfactory evidence in-person or

electronically, issue to any person desiring to enroll in a community

college as a non-resident student, a certificate of residence form

showing that said person is a resident of said county. No such chief

fiscal officer shall require a person desiring to enroll in a community

college as a non-resident student to disclose or furnish his or her

social security number. If the chief fiscal officer of a county refuses

to issue such a certificate on the ground that the person applying

therefor is not a resident of such county, or that such person is not

subject to rules or regulations promulgated under subdivision four-a of

this section, the person applying may appeal, in writing, electronically

or by mail, to the chancellor of the state university. The chancellor of

the state university, or such officers or employees thereof as shall be

designated by the chancellor in a manner authorized by the state

university trustees, shall make a determination after a hearing, upon

ten days' notice to such chief fiscal officer of the county, and such

determination shall be final and binding on the county. Such person

shall, upon registration for each college year, file with the college

such a certificate of residence form issued not earlier than two months

prior thereto, and such certificate of residence form shall be valid for

a period of one year from the date of issuance. The state university

trustees shall be authorized to promulgate regulations to effectuate the

provisions of this subdivision.

4. If, pursuant to subdivision two of this section, a community

college elects to charge to and collect an allocable portion of the

operating costs and a further sum on account of capital costs of such

college from each county which has issued a certificate form or

certificates of residence forms pursuant to subdivision three of this

section, on the basis of which non-resident students are attending such

community college, the president of such community college shall, within

forty-five days after the commencement of each college term or program,

or as otherwise provided by rules or regulations promulgated pursuant to

subdivision four-a of this section, submit to the chief fiscal officer

of each county a list of non-resident students attending such college on

the basis of such certificates of residence form and a voucher for the

amount payable by each county for these students. Such list and voucher

shall be determined on the basis of non-resident students enrolled in

the program as of the end (or last day) of the third week of the

commencement for a program scheduled for one semester, the end of the

second for a program scheduled for an academic quarter and the end of

the first week for any program scheduled to be completed in thirty days

or less. The chancellor of the state university, or such officers or

employees thereof as shall be designated by the chancellor in the manner

authorized by the state university trustees, shall notify the chief

fiscal officers of each county of the approved annual operating and

capital charge-back rate for each community college. The amount billed

to the chief fiscal officer of each county by the president of such

community college as a charge for the allocable portion of the operating

costs and a further sum on account of capital costs of such college for

non-resident students shall be paid to the chief fiscal officer of such

college by the billed county no later than sixty days after the county

receives said billing.

4-a. Notwithstanding any provision of law, rule, or regulation to the

contrary, the state university trustees are authorized and directed to

promulgate rules or regulations setting forth: (a) a schedule of late

fees and exceptions thereof for a student submitting a certificate of

residence form after the deadline otherwise prescribed by subdivision

four of this section for such submission, but within the relevant

semester or term; and (b) a reconciliation process for valid forms

received after the list of non-resident students was sent to a county

pursuant to subdivision four of this section.

5. Amounts payable to such colleges by a county pursuant to this

section shall be a general county charge; provided, however, that with

respect to the amounts allocable to each community college a county may

charge back such amounts in whole or in part to the cities and towns in

the county in proportion to the number of students who, on the basis of

certificates of residence issued by such county, were attending each

such college as non-residents of the local sponsors thereof during the

terms for which the county has been charged, and who were residents of

each such city or town at the beginning of such terms.

7. In the case of counties comprising the city of New York, references

in this section to a county shall mean the city of New York and

references in this section to the chief fiscal officer of a county shall

mean the comptroller of the city of New York.

8. Part-time and out-of-state students shall be charged such tuition

and fees as may be approved by the state university trustees. Any

student attending a community college who is a member or the spouse or

the dependent of a member of the armed forces of the United States on

full-time active duty and stationed in this state, whether or not a

resident of this state, shall be charged the tuition rate for residents

as approved by the state university trustees. Any student attending a

community college in accordance with the federal GI bills and in

compliance with all applicable eligibility requirements thereof, whether

or not a resident of this state, shall be charged the tuition rate for

residents as approved by the state university trustees. Any student

attending a community college who is the spouse or the dependent of a

member of the armed forces of the United States on full-time active duty

and not stationed in this state immediately following being stationed

therein, whether or not a resident of this state, shall be charged the

tuition rate for residents as approved by the state university trustees.

8-a. The payment of tuition and other fees and charges of a student

who is attending a community college and who is not a legal resident of

New York state but is a United States citizen, a permanent lawful

resident, an individual who is granted U or T non-immigrant status

pursuant to the Victims of Trafficking and Violence Protection Act of

2000, a person granted temporary protected status pursuant to the

Federal Immigration Act of 1990, an individual of a class of refugees

paroled by the attorney general of the United States under his or her

parole authority pertaining to the admission of noncitizens to the

United States, or an applicant without lawful immigration status may be

reduced by state-aided programs, scholarships and other financial

assistance awarded under the provisions of articles thirteen,

thirteen-A, fourteen and fourteen-A of this chapter, provided that the

student meets the requirements set forth in subparagraph (ii) of

paragraph a or subparagraph (ii) of paragraph b of subdivision five of

section six hundred sixty-one of this chapter, as applicable.

9. A community college may expend moneys collected as capital charges

received from counties of nonresident students for up to one-half the

purchase price of equipment. A community college may include up to

one-half the purchase price of equipment in calculating capital charges

collected from counties of nonresident students. Such expenditures shall

be made pursuant to guidelines promulgated in rules and regulations of

the board of trustees of the state university. In no event shall such

expenditures qualify for state aid as capital costs.

10. On or before March thirty-first, nineteen hundred ninety-five and

every year thereafter, the state shall reimburse each county which has

issued a certificate of residence for any non-resident student in

attendance at the fashion institute of technology during the nineteen

hundred ninety-three--ninety-four academic year and every year

thereafter in an amount equal to fifty percent of the actual amount paid

by such county on behalf of such students and on or before June first,

nineteen hundred ninety-five and every year thereafter, the state shall

reimburse each county for the remaining fifty percent of the actual

amount paid by each such county on behalf of such students.

12. Such calculated chargeback rates shall be set on an academic year

basis and shall not vary by semester within each academic year, and no

retroactive charge shall be billed to any county based on an increased

chargeback rate after the commencement of each annual academic year.

13. Beginning in the two thousand fourteen--two thousand fifteen

academic year, the state university of New York and the city university

of New York shall develop an on-line training program to be made

available to each county treasurer and/or financial officer, to provide

information regarding chargeback fees and guidance concerning common

forms, timelines, and policies relating to chargeback fees and the

payment thereof.

14. Beginning in the two thousand fourteen--two thousand fifteen

academic year, the state university of New York and the city university

of New York shall assist in the development and implementation of an

on-line or electronic billing system, to be available to the counties of

this state, for the payment of chargeback fees.