N.Y. Educ. Law § 6305

§ 6305. Non-resident and out-of-state students. 1. In addition to\nadmitting residents of its own local sponsor or sponsors, each community\ncollege shall, within the quota and under the conditions prescribed by\nthe state university trustees, admit non-resident students and\nout-of-state students.\n 2. Any community college may, with the approval of the state\nuniversity trustees, charge non-resident students sufficient tuition and\nfees to cover an allocable portion of the local sponsor's share of the\noperating costs of such community college in addition to regular tuition\nand fees. Such community college may elect to charge to and collect\nfrom each county within the state which has issued a certificate or\ncertificates of residence pursuant to subdivision three of this section\non the basis of which such non-resident students are attending such\ncommunity college, an allocable portion of the local sponsor's share of\nthe operating costs of such community college attributable to such\nnon-resident students, computed on a per student basis, together with a\nfurther sum of not to exceed three hundred dollars each year to be\ndetermined and approved by the state university trustees for each such\nnon-resident student on account of the local sponsor's share of the\ncapital costs incurred to provide facilities in which such non-resident\nstudents can be accommodated; or, where such non-resident students come\nfrom communities which have elected to participate in and pay an\nappropriate share of the expenses involved in the local sponsor's\ncommunity college program, such allocable portion of operating expenses\nand such further sum not to exceed three hundred dollars per student for\ncapital costs on account of their residents attending such community\ncollege shall be determined and approved by the state university\ntrustees, and be charged to and collected from such communities.\n 3. The chief fiscal officer of each county, as defined in section 2.00\nof the local finance law, shall, upon application and submission to such\nchief fiscal officer of satisfactory evidence in-person or\nelectronically, issue to any person desiring to enroll in a community\ncollege as a non-resident student, a certificate of residence form\nshowing that said person is a resident of said county. No such chief\nfiscal officer shall require a person desiring to enroll in a community\ncollege as a non-resident student to disclose or furnish his or her\nsocial security number. If the chief fiscal officer of a county refuses\nto issue such a certificate on the ground that the person applying\ntherefor is not a resident of such county, or that such person is not\nsubject to rules or regulations promulgated under subdivision four-a of\nthis section, the person applying may appeal, in writing, electronically\nor by mail, to the chancellor of the state university. The chancellor of\nthe state university, or such officers or employees thereof as shall be\ndesignated by the chancellor in a manner authorized by the state\nuniversity trustees, shall make a determination after a hearing, upon\nten days' notice to such chief fiscal officer of the county, and such\ndetermination shall be final and binding on the county. Such person\nshall, upon registration for each college year, file with the college\nsuch a certificate of residence form issued not earlier than two months\nprior thereto, and such certificate of residence form shall be valid for\na period of one year from the date of issuance. The state university\ntrustees shall be authorized to promulgate regulations to effectuate the\nprovisions of this subdivision.\n 4. If, pursuant to subdivision two of this section, a community\ncollege elects to charge to and collect an allocable portion of the\noperating costs and a further sum on account of capital costs of such\ncollege from each county which has issued a certificate form or\ncertificates of residence forms pursuant to subdivision three of this\nsection, on the basis of which non-resident students are attending such\ncommunity college, the president of such community college shall, within\nforty-five days after the commencement of each college term or program,\nor as otherwise provided by rules or regulations promulgated pursuant to\nsubdivision four-a of this section, submit to the chief fiscal officer\nof each county a list of non-resident students attending such college on\nthe basis of such certificates of residence form and a voucher for the\namount payable by each county for these students. Such list and voucher\nshall be determined on the basis of non-resident students enrolled in\nthe program as of the end (or last day) of the third week of the\ncommencement for a program scheduled for one semester, the end of the\nsecond for a program scheduled for an academic quarter and the end of\nthe first week for any program scheduled to be completed in thirty days\nor less. The chancellor of the state university, or such officers or\nemployees thereof as shall be designated by the chancellor in the manner\nauthorized by the state university trustees, shall notify the chief\nfiscal officers of each county of the approved annual operating and\ncapital charge-back rate for each community college. The amount billed\nto the chief fiscal officer of each county by the president of such\ncommunity college as a charge for the allocable portion of the operating\ncosts and a further sum on account of capital costs of such college for\nnon-resident students shall be paid to the chief fiscal officer of such\ncollege by the billed county no later than sixty days after the county\nreceives said billing.\n 4-a. Notwithstanding any provision of law, rule, or regulation to the\ncontrary, the state university trustees are authorized and directed to\npromulgate rules or regulations setting forth: (a) a schedule of late\nfees and exceptions thereof for a student submitting a certificate of\nresidence form after the deadline otherwise prescribed by subdivision\nfour of this section for such submission, but within the relevant\nsemester or term; and (b) a reconciliation process for valid forms\nreceived after the list of non-resident students was sent to a county\npursuant to subdivision four of this section.\n 5. Amounts payable to such colleges by a county pursuant to this\nsection shall be a general county charge; provided, however, that with\nrespect to the amounts allocable to each community college a county may\ncharge back such amounts in whole or in part to the cities and towns in\nthe county in proportion to the number of students who, on the basis of\ncertificates of residence issued by such county, were attending each\nsuch college as non-residents of the local sponsors thereof during the\nterms for which the county has been charged, and who were residents of\neach such city or town at the beginning of such terms.\n 7. In the case of counties comprising the city of New York, references\nin this section to a county shall mean the city of New York and\nreferences in this section to the chief fiscal officer of a county shall\nmean the comptroller of the city of New York.\n 8. Part-time and out-of-state students shall be charged such tuition\nand fees as may be approved by the state university trustees. Any\nstudent attending a community college who is a member or the spouse or\nthe dependent of a member of the armed forces of the United States on\nfull-time active duty and stationed in this state, whether or not a\nresident of this state, shall be charged the tuition rate for residents\nas approved by the state university trustees. Any student attending a\ncommunity college in accordance with the federal GI bills and in\ncompliance with all applicable eligibility requirements thereof, whether\nor not a resident of this state, shall be charged the tuition rate for\nresidents as approved by the state university trustees. Any student\nattending a community college who is the spouse or the dependent of a\nmember of the armed forces of the United States on full-time active duty\nand not stationed in this state immediately following being stationed\ntherein, whether or not a resident of this state, shall be charged the\ntuition rate for residents as approved by the state university trustees.\n 8-a. The payment of tuition and other fees and charges of a student\nwho is attending a community college and who is not a legal resident of\nNew York state but is a United States citizen, a permanent lawful\nresident, an individual who is granted U or T non-immigrant status\npursuant to the Victims of Trafficking and Violence Protection Act of\n2000, a person granted temporary protected status pursuant to the\nFederal Immigration Act of 1990, an individual of a class of refugees\nparoled by the attorney general of the United States under his or her\nparole authority pertaining to the admission of noncitizens to the\nUnited States, or an applicant without lawful immigration status may be\nreduced by state-aided programs, scholarships and other financial\nassistance awarded under the provisions of articles thirteen,\nthirteen-A, fourteen and fourteen-A of this chapter, provided that the\nstudent meets the requirements set forth in subparagraph (ii) of\nparagraph a or subparagraph (ii) of paragraph b of subdivision five of\nsection six hundred sixty-one of this chapter, as applicable.\n 9. A community college may expend moneys collected as capital charges\nreceived from counties of nonresident students for up to one-half the\npurchase price of equipment. A community college may include up to\none-half the purchase price of equipment in calculating capital charges\ncollected from counties of nonresident students. Such expenditures shall\nbe made pursuant to guidelines promulgated in rules and regulations of\nthe board of trustees of the state university. In no event shall such\nexpenditures qualify for state aid as capital costs.\n 10. On or before March thirty-first, nineteen hundred ninety-five and\nevery year thereafter, the state shall reimburse each county which has\nissued a certificate of residence for any non-resident student in\nattendance at the fashion institute of technology during the nineteen\nhundred ninety-three--ninety-four academic year and every year\nthereafter in an amount equal to fifty percent of the actual amount paid\nby such county on behalf of such students and on or before June first,\nnineteen hundred ninety-five and every year thereafter, the state shall\nreimburse each county for the remaining fifty percent of the actual\namount paid by each such county on behalf of such students.\n 12. Such calculated chargeback rates shall be set on an academic year\nbasis and shall not vary by semester within each academic year, and no\nretroactive charge shall be billed to any county based on an increased\nchargeback rate after the commencement of each annual academic year.\n 13. Beginning in the two thousand fourteen--two thousand fifteen\nacademic year, the state university of New York and the city university\nof New York shall develop an on-line training program to be made\navailable to each county treasurer and/or financial officer, to provide\ninformation regarding chargeback fees and guidance concerning common\nforms, timelines, and policies relating to chargeback fees and the\npayment thereof.\n 14. Beginning in the two thousand fourteen--two thousand fifteen\nacademic year, the state university of New York and the city university\nof New York shall assist in the development and implementation of an\non-line or electronic billing system, to be available to the counties of\nthis state, for the payment of chargeback fees.\n