2023 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 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, 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,
  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.  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.