N.Y. Comp. Codes R. & Regs. tit. 8 § 602.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 602.12 - Operating chargebacks for nonresident students

(a) Definition of a nonresident student.

A nonresident student is one who has resided in the State for a period of at least one year but has resided outside of the sponsorship area during a portion or all of the six months preceding the date of the application for a certificate of residence. Nonresident students may also be referred to as "out-of-county students" or "out-of-sponsorship area students." For tuition purposes, out-of-state students shall be treated in a manner consistent with these regulations and approved by the State University Board of Trustees.

(b) All instructional programs, including off site campus locations (high schools, malls, etc.) supported by State aid shall be entitled to chargeback payment by the county of residence of nonresident students.

(c) Within 30 days after the commencement of each college term, each nonresident student shall submit to the college a valid certificate of residence, unless a valid certificate is already on file. Such certificate must have been issued no earlier than two months prior to the student's registration; is valid for one year from the date of issuance; and is applicable for all terms or programs commenced within that 12-month period.

(d) Within 45 days after the commencement of each college term or program, the president of the college or designee shall submit to the chief fiscal officer of each county a list of nonresident students attending the college on the basis of a certificate of residence and a voucher for the amount payable by each county for these students. The billing of the county of residence for each nonresident student attending a community college shall be determined on the basis of the fractional full-time equivalent student load that each student is enrolled in as of the census date (as defined by the student data file manual).

(e) The operating chargeback rate per full-time equivalent student shall be an amount equal to the community college sponsor's actual contributions, including appropriated fund balance for the support of a full-time equivalent student attending the community college from the sponsorship area as determined in the college operating budget request approved by the State University Trustees, rounded downward to the nearest multiple of $10. Such operating chargeback rate and calculated adjustment thereto, shall be determined as follows:

(1) subtract from the approved total operating budget, the budgeted offsetting revenues including Federal aid, other operating expenses not allowable for State aid, budgeted student revenues and budgeted State operating aid;

(2) divide the result of paragraph (1) by the budgeted number of fulltime equivalent students;

(3) adjust the result of paragraph (2) by 100 percent of the difference between budgeted and actual operating cost per full-time equivalent student for the most recent fiscal year for which an annual financial report is available;

(f) On or before March 31, 1995, and every year thereafter, the State University shall, subject to the availability of appropriations therefor, 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 1993-94 academic year and every year thereafter in an amount equal to 50 percent of the actual amount paid by each such county on behalf of such students, upon certification of such payment by the Fashion Institute of Technology, and on or before June 1, 1995, and every year thereafter, the State University shall, subject to the availability of appropriations therefor, reimburse each county for the remaining 50 percent of the actual amount paid by each such county on behalf of such students, upon certification of such payment by the Fashion Institute of Technology.

(g) Procedures for certificate of residence issuance.

(1) 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-sponsorship-area student, a certificate of residence form showing that said person is a resident of said county. The Chancellor or designee may issue policy or guidance regarding residency determinations on topics including but not limited to what shall constitute satisfactory evidence of residency. For incarcerated students, the official last known address prior to incarceration as provided by the Department of Corrections and Community Supervision shall be considered dispositive evidence of a student's county of domicile prior to incarceration.

(2) For purposes of paragraph (1) of this subdivision, electronic submission shall include at least one online-only method, including but not limited to an online-only form, portal or email submission. Counties shall accept application forms submitted by mail in addition to electronic submission. While in-person application shall continue to be provided as an option to students, an in- person appearance shall not be required.

(3) The Chancellor or designee, in consultation with the chancellor of the city university of New York, shall publish a standard application form, which shall be required to be accepted by the chief fiscal officer of each county. Certificate of Residence application forms shall not require that students provide a social security number and shall not require notarization.

(4) Community colleges shall take the following steps to ensure that out-of-sponsorship-area students are aware of procedures necessary to procure a certificate of residence in order to avoid additional tuition charges:

(A) make a good faith effort to inform students of the requirement consistent with campus communication and consent policies, including but not limited to multiple contacts by email and/or text messages to all appropriate email addresses and mobile phone numbers on file for the student explaining the certificate of residence deadline, procedure to apply, and the amount of the additional tuition charged if a certificate of residence is not received; and

(B) send a list of names and contact information of non-sponsorship area students who have not submitted a valid certificate of residence by fifteen (15) days prior to the due date to the Chancellor or designee so that SUNY System Administration staff may make additional attempts to notify such students. Failure to take such actions shall be grounds for the student to appeal to the Chancellor or designee pursuant to the procedures set forth in subdivision 3 of section 6305 of the education law; if the college cannot document compliance with the requirements of this paragraph, the college will be directed to remove the nonresident charges from the student's account. Community colleges may apply to the Chancellor or designee for an exemption from subparagraph (B) above upon good cause shown.

(5) Each community college website shall feature resources related to the certificate of residence including, but not limited to, links to county resources provided to attain a required certificate of residence; appeal information; and campus contacts who can assist with application questions. The Chancellor or designee shall provide model language for colleges to use.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 602.12

Amended New York State Register October 5, 2016/Volume XXXVIII, Issue 40, eff. 10/5/2016

Amended New York State Register November 15, 2023/Volume XLV, Issue 46, eff. 11/15/2023