Board Resolution -1- June 14, 2018 MEMORANDUM June 14, 2018 TO: Members of the Board of Trustees FROM: Kristina M. Johnson, Chancellor SUBJECT: Amendments to 8 NYCRR Part 302.1(b): State-operated Tuition Rate Schedule Action Requested This resolution authorizes the filing of an emergency rulemaking and the publication of a Notice of Proposed Rulemaking to revise the 2018/19 tuition schedule for State-operated campuses. The new rates will take effect commencing with the fall 2018 semester. Resolution I recommend that the Board of Trustees adopt the following resolution: Whereas NYS Education Law section 355(2)(h) gives the Board of Trustees authority to regulate tuition charges where no other provision is otherwise provided; and Whereas System Administration has engaged with representatives of pertinent State-operated campuses and reviewed available data; and Whereas this review and engagement has produced a recommendation that rates charged to students attending a State-operated campus of the State University of New York be adjusted as follows from approved 2017/18 levels: nonresident undergraduate baccalaureate tuition should be increased by 1.5 percent ($360) at the University at Buffalo and Stony Brook University; increased by 10 percent ($2,160) at the University at Albany and Binghamton University; and Board Resolution -2- June 14, 2018 increased by 2 percent ($330) at all other campuses; and nonresident undergraduate associate degree tuition should be increased by 10.3 percent ($1,000) at the College of Technology at Alfred; increased by 2 percent ($330) at the College of Technology at Cobleskill; and increased by 2 percent ($330) at all other campuses offering the standard non-resident associate tuition rate; and Whereas changes to tuition rates for graduate and professional degree programs in certain categories are supported by campuses, market research, and analysis; and Whereas Part JJJ of Chapter 59 of the Laws of 2017 provides the Board of Trustees with authority to increase the rate of resident undergraduate tuition at State-operated campuses by a maximum of $200 over the amount charged the prior year for the years 2017/18 through 2020/21, and the fiscal situation currently facing the State-operated campuses requires an increase reflective of this legislatively provided level; and Whereas changes proposed by the Board of Trustees for the 2018/19 year for resident undergraduate rates are made with full understanding of the need for the revenue so generated to support the educational needs of SUNY students and that the tuition costs of approximately half of SUNY resident undergraduate students are $0 due to the combination of the State’s Tuition Assistance Program (TAP), SUNY Supplemental TAP, the federal Pell program, and the Excelsior Scholarship Program; and Whereas Chapter 437 of the laws of 2015 authorized the Board of Trustees to establish a new category of tuition for non-resident students enrolled in distance learning courses including distance learning courses leading to an undergraduate, graduate, Masters of Business Administration, Masters of Social Work, or Doctor of Nursing Practice degree at all State-operated campuses; and Whereas for purposes of distance learning courses only, “non-resident” has been defined by a working group comprised of campus and System Administration professionals as a student enrolled in a State University of New York State-operated campus who a) for a given term is enrolled exclusively in online distance learning course(s); and Board Resolution -3- June 14, 2018 b) has not had an address within the borders of New York State at any point between July 1st and June 30th of a given State-operated campus fiscal year; and Whereas for purposes of distance learning courses only, campuses will determine whether a student meets the “nonresident” requirements by requiring documentation, as needed, to demonstrate compliance and to ensure that this definition is narrowly tailored to online-only, non-resident students with no physical presence in New York in accordance with subparagraph 4 of paragraph h of subdivision 2 of section 355 of the Education Law; and Whereas “distance learning” is defined as education that uses technology to deliver instruction to students who are separated from the instructor and to support regular and substantive interaction between the students and the instructor; and Whereas market research, analysis of distance learning courses offered by SUNY and comparable institutions, and discussions with campuses suggest that SUNY’s distance learning tuition rates for associate, baccalaureate, graduate, Masters of Business Administration, Masters of Social Work, and Doctor of Nursing Practice degrees offered at all campuses should be set at 1.2 times the resident tuition rate to provide the State University an appropriate balance between competitiveness and revenue generation; and Whereas the revenue generated by the proposed tuition rates form the basis of the campus revenue projections included in the 2018/19 financial plan for State-operated campuses, statutory campuses, and University-wide programs; and Whereas adoption on an immediate basis of the abovereferenced tuition increases effective with the fall 2018 semester is necessary in order for the State University to maintain program quality and access and to give appropriate notice of the increases to students, their families and financial aid providers; now, therefore, be it Resolved that the Chancellor, or designee, be, and hereby is, authorized and directed to prepare, in accordance with the provisions of the State Administrative Procedure Act, a Notice Board Resolution -4- June 14, 2018 of Emergency Adoption and Proposed Rulemaking with respect to amendments to section 302.1(b) of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York, to read as follows (brackets denote old material to be deleted; underlining denotes new material to be added). Section 302.1. Tuition and fees at State-operated units of State University. * * * * * (b) Tuition charges as listed in the following table for categories of students, terms and programs, and as modified, amplified or explained in footnotes 1 through 12 are effective with the 201[7]8 fall term and thereafter. Charge per Semester credit hour1 Special Students Out-of-State New York State Out-of-State residents residents residents [$8,160]$8,325 [$680]$694 [$278]$286 Charge per Semester (1) Students enrolled in degree-granting undergraduate programs leading to an associate degree and non-degree granting programs of at least one regular academic term in duration which have been approved as eligible for Tuition Assistance Program Awards New York State residents [$3,335]$3,435 $3,2352 [$4,870]$5,3703 [$278]$2869 [$406]$4483 $5,4204 $4524 $5,4305 $4535 $5,6606 $4726 [$8,160]$8,3257 [$680]$6947 [$4,000]$4,1208 [$333]$3438 [$278]$2869 (2) Students enrolled in degree-granting undergraduate programs leading to a baccalaureate degree and non-degree granting programs of at least one regular academic term in duration which have been approved as [$3,335]$3,435 [$8,160]$8,325 [$278]$286 [$680]$694 $3,2352 [$4,000]$4,1208 [$3337]$3438 [$12,090]$12,27010 [$1,008]$1,02310 [$10,775]$11,85511 [$898]$98811 [$5,055]$5,15512 [$417]$43012 Board Resolution -5- June 14, 2018 Charge per Semester credit hour1 Special Students Out-of-State New York State Out-of-State residents residents residents Charge per Semester New York State residents (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) eligible for Tuition Assistance Program Awards Students enrolled in graduate programs (other than Masters of Business Administration, Architecture, Social Work or Physician Assistant) leading to a Master’s, Doctor’s or equivalent degree Students enrolled in a graduate program leading to a Doctorate of Audiology Students enrolled in a graduate program leading to a Masters of Business Administration (MBA) Students enrolled in a graduate program leading to a Masters of Architecture Students enrolled in a graduate program leading to a Masters of Social Work Students enrolled in the professional program of pharmacy Students enrolled in the professional program of law Students enrolled in the professional program of medicine Students enrolled in the professional program of dentistry Students enrolled in the professional programs of physical therapy Students enrolled in the professional program of optometry [$5,435]$5,545 [$11,105]$11,325 [$453]$462 [$925]$944 [$6,520]$6,6558 [$543]$5558 [$8,155]$8,32012 [$680]$69312 $5,600 $11,440 $467 $953 [$7,350]$7,425 $12,195 [$613]$619 $1,016 [$8,820] $8,9108 [$735] $7438 [$6,890]$7,095 [$11,895]$12,250 [$574]$591 [$991]$1,021 $6,540 $11,105 $545 $925 $7,8508 [$12,920]$13,225 $12,705 $6548 [$18,225]$18,570 [$1,077]$1,105 $14,750 [$1,519]$1,548 $1,059 $1,229 [$20,885]$21,510 $32,580 [$1,740]$1,793 $2,715 [$17,565]$17,915 $31,475 [$1,464]1,493 $2,623 $12,195 $15,350 $1,016 $1,279 [$14,195]$14,620 [$24,825]$25,075 [$1,183]1,218 [$2,069]$2,090 Board Resolution -6- June 14, 2018 Charge per Semester credit hour1 Special Students Out-of-State New York State Out-of-State residents residents residents $14,695 [$613]$644 $1,225 Charge per Semester (14) (15) New York State residents [$7,360]$7,725 Students enrolled in the professional program of physician assistant Students enrolled in the [$12,195]$12,560 professional programs of doctor of nursing practice 1 The $16,080 [$1,016]$1,047 [$14,635]$15,0708 $1,340 [$1,220]$1,2568 Chancellor shall determine the equivalent of a credit hour. 2 In accordance with Part HHH of Chapter 59 of the Laws of 2017, students who are both eligible for, and recipients of, an Excelsior Scholarship from the State of New York are to be charged the resident undergraduate rate of tuition approved by the Board of Trustees in the 2016/17 academic year. 3 In accordance with Chapter 309 of the Laws of 1996, and enabling action by the Board of Trustees, the Colleges of Technology at Alfred, Canton, Cobleskill, Delhi, and Morrisville are authorized to charge a lower rate for non-resident students enrolled in degree-granting programs leading to an associate degree or in non-degree granting programs. This reduced rate does not apply to those students enrolled in degree-granting programs leading to a baccalaureate degree. Alfred is authorized to charge the rate noted effective with the fall 201[7]8 term. 4 In accordance with Chapter 309 of the Laws of 1996, and enabling action by the Board of Trustees, the Colleges of Technology at Alfred, Canton, Cobleskill, Delhi, and Morrisville are authorized to charge a lower rate for non-resident students enrolled in degree-granting programs leading to an associate degree or in non-degree granting programs. This reduced rate does not apply to those students enrolled in degree-granting programs leading to a baccalaureate degree. Delhi is authorized to charge the rate noted effective with the fall 201[7]8 term. 5 In accordance with Chapter 309 of the Laws of 1996, and enabling action by the Board of Trustees, the Colleges of Technology at Alfred, Canton, Cobleskill, Delhi, and Morrisville are authorized to charge a lower rate for non-resident students enrolled in degree-granting programs leading to an associate degree or in non-degree granting programs. This reduced rate does not apply to those students enrolled in degree-granting programs leading to a baccalaureate degree. Canton is authorized to charge the rate noted effective with the fall 201[7]8 term. 6 In accordance with Chapter 309 of the Laws of 1996, and enabling action by the Board of Trustees, the Colleges of Technology at Alfred, Canton, Cobleskill, Delhi, and Morrisville are authorized to charge a lower rate for non-resident students enrolled in degree-granting programs leading to an associate degree or in non-degree granting programs. This reduced rate does not apply to those students enrolled in degree-granting programs Board Resolution -7- June 14, 2018 leading to a baccalaureate degree. Morrisville is authorized to charge the rate noted effective with the fall 201[7]8 term. 7 In accordance with Chapter 309 of the Laws of 1996, and enabling action by the Board of Trustees, the Colleges of Technology at Alfred, Canton, Cobleskill, Delhi, and Morrisville are authorized to charge a lower rate for non-resident students enrolled in degree-granting programs leading to an associate degree or in non-degree granting programs. This reduced rate does not apply to those students enrolled in degree-granting programs leading to a baccalaureate degree. Cobleskill is authorized to charge the rate noted effective with the fall 201[7]8 term. 8 In accordance with Chapter 437 of the laws of 2015, the Board of Trustees is authorized to establish a new category of tuition for nonresident students enrolled in distance learning courses at SUNY. 9 In accordance with Chapter 309 of the Laws of 1996, and enabling action by the Board of Trustees, the Colleges of Technology at Alfred, Canton, Cobleskill, Delhi, and Morrisville are authorized to charge this lower rate for special students (part-time) enrolled in degree-granting programs leading to an associate degree or in non-degree granting programs, and taking classes at off-campus locations or during the summer or winter intercessions. This reduced rate does not apply to those students enrolled in degree-granting programs leading to a baccalaureate degree. 10 In accordance with Chapter 54 of the laws of 2016, the University Centers at Buffalo and Stony Brook are authorized to charge this rate for non-resident undergraduate students. 11 In accordance with Chapter 54 of the laws of 2016, the University Centers at Binghamton and Albany are authorized to charge this rate for non-resident undergraduate students. 12 As authorized by the Board of Trustees (2010-081), Maritime College is authorized to charge up to this rate for non-resident students from states and commonwealths considered to be in-region (Alabama, Connecticut, Delaware, Florida, Georgia, Louisiana, Mississippi, Maryland, New Jersey, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Virginia, and Washington D.C.). Background This resolution authorizes emergency rulemaking to change the SUNY tuition schedule effective for the fall 2018 semester. The tuition rates were last changed effective fall 2017. This action will initiate the rulemaking process in accordance with the State Administrative Procedure Act. Rulemaking is required since the tuition schedule is contained in regulation. Final adoption of the new rates will occur after a 45 day public comment period in the New York State Register and the adoption by the Board of Trustees of a resolution authorizing final rulemaking. Board Resolution -8- June 14, 2018 Increases in resident undergraduate rates for students at the 28 applicable State-operated campuses are done in accordance with Part JJJ of Chapter 59 of the Laws of 2017 which provides the Board of Trustees with authority to raise these rates by a maximum of $200 on a year-to-year basis between the fiscal years 2017/18 and 2020/21. Legislation in effect since 1996 allows for the colleges of technology to adopt different rates for non-resident students enrolled in associate degree and non-degree granting programs. Rates for certain graduate and professional programs are being increased based on market analysis and requests submitted by the campuses. The non-resident distance learning tuition category was established following additional flexibility provided by the legislation passed in 2015. Distance learning interaction may be synchronous (student and instructor are in communication at the same time), or asynchronous, or a combination of the two. The technologies may include the Internet; audio conferencing; or one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices. The proposed annual rate changes are more fully described in the following table. Board Resolution Residency -9- Rate Type Associate (Excelsior) Associate Baccalaureate (Excelsior) Baccalaureate Doctor of Audiology Graduate / PhD Master of Social Work Master of Architecture Resident Master of Business Administration Physicians Assistant Doctor of Physical Therapy Doctor of Nursing Practice Law Pharmacy Optometry Dentistry Medicine Baccalaureate @ Albany/Binghamton Baccalaureate @ UB/Stony Brook Baccalaureate @ Docs/Comp/Tech Associates @ All Other Campuses Associates @ Alfred Associates @ Delhi Associates @ Canton Associates @ Morrisville Associates @ Cobleskill Master of Social Work Doctor of Audiology Graduate / PhD Master of Business Administration Non-Resident Master of Architecture Physicians Assistant Law Doctor of Physical Therapy Doctor of Nursing Practice Pharmacy Optometry Dentistry Medicine Ugrad @ Maritime (In-Region Current) Ugrad @ Maritime (In-Region New) Grad @ Maritime (In-Region Current) Grad @ Maritime (In-Region New) Associates Undergraduate Graduate / PhD Online Master of Social Work Master of Business Administration Doctor of Nursing Practice June 14, 2018 2017/18 Rate 2018/19 Rate 6,470 6,470 6,670 6,870 6,470 6,470 6,670 6,870 10,870 11,200 10,870 11,090 13,080 13,080 13,780 14,190 14,700 14,850 14,720 15,450 24,390 24,390 24,390 25,120 25,410 25,410 25,840 26,510 28,390 29,240 35,130 35,830 41,770 43,020 21,550 23,710 24,180 24,540 16,320 16,650 16,320 16,650 9,740 10,740 10,840 10,840 10,860 10,860 11,320 11,320 16,320 16,650 22,210 22,210 22,210 22,880 22,210 22,650 24,390 24,390 23,790 24,500 29,390 29,390 29,500 29,500 30,700 30,700 32,160 32,160 36,450 37,140 49,650 50,150 62,950 62,950 65,160 65,160 8,340 8,590 10,010 10,310 13,590 13,860 16,310 16,640 8,000 8,240 8,000 8,240 13,040 13,310 15,700 15,700 17,640 17,820 29,270 30,140 Change % 0.0% 200 3.0% 0.0% 200 3.0% 330 3.0% 220 2.0% 0.0% 410 3.0% 150 1.0% 730 5.0% 0.0% 730 3.0% 0.0% 670 2.6% 850 3.0% 700 2.0% 1,250 3.0% 2,160 10.0% 360 1.5% 330 2.0% 330 2.0% 1,000 10.3% 0.0% 0.0% 0.0% 330 2.0% 0.0% 670 3.0% 440 2.0% 0.0% 710 3.0% 0.0% 0.0% 0.0% 0.0% 690 1.9% 500 1.0% 0.0% 0.0% 250 3.0% 300 3.0% 270 2.0% 330 2.0% 240 3.0% 240 3.0% 270 2.1% 0.0% 180 1.0% 870 3.0% $