NY Educ L § 6305 (2021)
2021 New York Laws EDN - Education Title 7 - State and City Colleges and Institutions-Cornell University Article 126 - Community Colleges and State-Aided Four-Year Colleges 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 him   of satisfactory evidence, 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. 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, the person applying may appeal to the chancellor  of  the  state   university.  The  chancellor  of  the  state  university  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 his 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.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,   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.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.* NB Effective until July 1, 2022* 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.* NB Effective July 1, 20228-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 aliens 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.