M E M O R A N D U M August 12, 2010 TO: Members of the Board of Trustees FROM: Nancy L. Zimpher, Chancellor SUBJECT: Amendment to Tuition Schedule I recommend that the Board of Trustees adopt the following resolution: Whereas analysis of the tuition schedule, appropriate comparisons to similarly situated institutions, and review of market conditions demonstrates that the out-of-state resident undergraduate and graduate tuition should be increased by 4% and that tuition for professional programs, including medical, dental, law, pharmacy, doctorate of physical therapy, and doctorate of nursing practice should be increased by 9% for resident students and 20% for out-of-state resident students, and tuition for masters of business administration should be increased by 9% for resident students and 10% for out-of-state resident students, and the rate for the optometry program should be increased by 5.2% for both resident students and for out-of-state resident students; and Whereas the Legislature's intent in�maintaining the�previous year's�level of�tuition appropriation authority for SUNY in 2010-11, was to preclude any increase in resident undergraduate tuition for 2010-11, SUNY will abide by this intent, and not propose any increase for resident undergraduate tuition for the upcoming academic year; and thus, tuition for resident undergraduate students will be held to the 2009-10 level; and Whereas tuition for resident graduate students will be held to the 2009-10 level; and Whereas adoption on an immediate basis of these tuition increases effective for the Fall 2010 semester is necessary in order for the State University to timely obtain necessary revenue while maintaining program quality and access and to give appropriate notice of the increases to students, their families and financial aid providers; and Whereas preservation of the State University�s financial health is essential because, among other things, SUNY plays a critical role in the economic well-being of New York State, through the development of an educated workforce which contributes to revenues collected by the State and spent in this State in the amount of approximately $47 billion over the lifetime of each graduating class; 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 of Emergency Adoption and Proposed Rulemaking with respect to amendments to section 302.1 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. The payment of tuition and fees in the State-operated units of the State University shall be governed by the following definitions, regulations, and schedule of rates to be charged. (a) Definitions. For the purpose of establishing rental schedules, tuition fees and other charges, the following definitions shall apply: (1) Semester. A period of attendance in which the school year is customarily divided in two equal sessions. In some cases an optional third semester is available. (2) [Quarter. A period of attendance in which the school year is customarily divided in three equal sessions. In some cases a fourth optional quarter is available. (3) ]Student. [(i)] A student at a college operating on a semester basis is any person registered for 12 or more semester hours of work in a regular program whether on campus or at another location. [(ii) A student at a college operating on a quarter basis is any person registered for 12 or more quarter hours.] ([4]3) Special student. (i) A special student at a college operating on a semester basis is any person registered for fewer than 12 semester hours of work. (ii) [A special student at a college operating on a quarter basis is any person registered for fewer than 12 quarter hours. (iii) ]A student attending a summer session, which is not a regular [quarter or ]semester, is a special student for the purpose of this definition. ([5]4) Change of status. A person who registers and commences classes initially as a student but whose program is later curtailed for academic reasons, does not change status during that [quarter or ]semester to that of special student. ([6]5) Residence. A person whose domicile has been in the State of New York for a period of at least one year immediately preceding the time of registration for any period of attendance shall be a New York resident for the purpose of determining the tuition rate payable for such period. All other persons shall be presumed to be out-of-state residents for such purpose, unless domiciliary status is demonstrated in accordance with guidelines adopted by the Chancellor or designee. (b) [(1) Students enrolled in degree-granting undergraduate programs leading to an associate degree and nondegree granting programs of at least one regular academic term in duration which have been approved as eligible for tuition assistance program awards. Tuition (i) Students, New York State residents: $2,485 per semester or $1,657 per quarter. (ii) Students, out-of-state residents: $6,435 per semester or $4,290 per quarter. (iii) Special students, New York State residents: $207 per semester credit hour or $138 per quarter credit hour. (iv) Special students, out-of-state residents: $536 per semester credit hour or $358 per quarter credit hour. (v) The president of a college of technology or a college of agriculture and technology may establish differing rates of tuition for the college for students enrolled in degree- granting programs leading to an associate degree and non-degree granting programs, with the approval of the chancellor or designee, based on considerations which may include but are not limited to time, location, cost, services provided, enrollment management and access, so long as such tuition rates do not exceed the tuition rates specified in this subdivision. (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 eligible for tuition assistance program awards. Tuition (i) Students, New York State residents: $2,485 per semester or $1,657 per quarter. (ii) Students, out-of-state residents: $6,435 per semester or $4,290 per quarter. (iii) Special students, New York State residents: $207 per semester credit hour or $138 per quarter credit hour. (iv) Special students, out-of-state residents: $536 per semester credit hour or $358 per quarter credit hour except that for non-matriculated students (as defined in section 145-2.4 of this Title), the president of a State-operated institution may establish a differing tuition rate(s), with the approval of the chancellor or designee, in accordance with guidelines to be issued by the chancellor, provided that such tuition rate(s) does not exceed the rate specified in this paragraph and is not lower than 15 percent above the rate in subparagraph (iii) of this paragraph. Tuition and fees charged to such non-matriculated students shall be set to cover total direct instructional costs for such students. (c) (1) Students enrolled in graduate programs leading to a master's, doctor's or equivalent degree with the exception of those degrees set forth in paragraph (2) of this subdivision. Tuition (i) Students, New York State residents: $4,185 per semester or $2,790 per quarter. (ii) Students, out-of-state residents: $6,625 per semester or $4,417 per quarter. (iii) Special students, New York State residents: $349 per semester credit hour or $233 per quarter credit hour. (iv) Special students, out-of-state residents: $552 per semester credit hour or $368 per quarter credit hour. (2) Students enrolled in graduate programs leading to a master of business administration degree (M.B.A.). Tuition (i) Students, New York State residents: $4,305 per semester or $2,870 per quarter. (ii) Students, out-of-state residents: $6,880 per semester or $4,587 per quarter. (iii) Special students, New York State residents: $359 per semester credit hour or $239 per quarter credit hour. (iv) Special students, out-of-state residents: $573 per semester credit hour or $382 per quarter credit hour. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. * * * * (d) Students enrolled in the professional program of pharmacy. Tuition (1) Students, New York State residents: $8,310 per semester or $5,540 per quarter. (2) Students, out-of-state residents: $14,375 per semester or $9,583 per quarter. (3) Special students, New York State residents: $693 per semester credit hour or $462 per quarter credit hour or equivalent. (4) Special students, out-of-state residents: $1,198 per semester credit hour or $799 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. * * * * (e) Students enrolled in the professional program of law (J.D. and LL.M). Tuition (1) Students, New York State residents: $8,005 per semester or $5,337 per quarter. (2) Students, out-of-state residents: $12,130 per semester or $8,087 per quarter. (3) Special students, New York State residents: $667 per semester credit hour or $445 per quarter credit hour or equivalent. (4) Special students, out-of-state residents: $1,011 per semester credit hour or $674 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. * * * * (f) Students enrolled in medicine programs. Tuition (1) Students, New York State residents: $11,400 per semester or $7,600 per quarter. (2) Students, out-of-state residents: $20,320 per semester or $13,547 per quarter. (3) Special students, New York State residents: $950 per semester credit hour or $633 per quarter credit hour or equivalent. (4) Special students, out-of-state residents: $1,693 per semester credit hour or $1,129 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. * * * * (g) Students enrolled in dentistry programs. Tuition (1) Students, New York State residents: $9,825 per semester or $6,550 per quarter. (2) Students, out-of-state residents: $19,710 per semester or $13,140 per quarter. (3) Special students, New York State residents: $819 per semester credit hour or $546 per quarter credit hour or equivalent. (4) Special students, out-of-state residents: $1,643 per semester credit hour or $1,095 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. (h) Students enrolled in the professional program of physical therapy and students enrolled in the doctor of nursing practice degree program. Tuition (1) Students, New York State residents: $6,925 per semester or $4,617 per quarter. (2) Students, out-of-state residents: $11,095 per semester or $7,397 per quarter. (3) Special students, New York State residents: $577 per semester credit hour or $385 per quarter credit hour or equivalent. (4) Special students, out-of-state residents: $925 per semester credit hour or $616 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. (i) Students enrolled in optometry programs. Tuition (1) Students, New York State residents: $8,260 per semester or $5,507 per quarter. (2) Students, out-of-state residents: $15,860 per semester or $10,573 per quarter. (3) Special students, New York State residents: $688 per semester credit hour or $459 per quarter credit hour or equivalent. (4) Special students, out-of-state residents: $1,322 per semester credit hour or $881 per quarter credit hour or equivalent. The Chancellor shall determine the equivalent of a credit hour.] Tuition charges as listed in the following table for categories of students, terms and programs, and as modified, amplified or explained in footnotes 1 and 2 are effective with the 2010 Fall term and thereafter. Charge per Semester Charge per Semester credit hour 1 Special Students New York State residents Out-of-State residents New York State residents Out-of-State residents I. 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 $2,485 $6,690 $4,550 2 $207 $175 3 $558 $379 2 $175 3 II. 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 eligible for Tuition Assistance Program Awards $2,485 $6,690 $207 $558 III. Students enrolled in graduate programs (other than Masters of Business Administration) leading to a Master�s, Doctor�s or equivalent degree $4,185 $6,890 $349 $574 IV. Students enrolled in a graduate program leading to a Masters of Business Administration (MBA) $4,690 $7,570 $391 $631 V. Students enrolled in the professional program of pharmacy $9,060 $17,250 $755 $1,438 VI. Students enrolled in the professional program of law $8,725 $14,555 $727 $1,213 VII. Students enrolled in the professional program of� medicine $12,425 $24,385 $1,035 $2,032 VIII. Students enrolled in the professional program of dentistry $10,710 $23,650 $893 $1,971 IX. Students enrolled in the professional program of physical therapy and doctor of nursing practice $7,550 $13,315 $629 $1,110 X. Students enrolled in the professional program of optometry $8,690 $16,685 $724 $1,390 1 The Chancellor shall determine the equivalent of a credit hour. 2 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 out-of-state 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. 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 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. Background This resolution authorizes emergency and proposed rulemaking to change the tuition and fee schedule of the State University of New York effective for the fall 2010 semester. The State University has examined the prevailing tuition rates charged by other public universities, as well as market conditions, including demand, and has concluded that the proposed tuition increases are rational, fair and reasonable under the circumstances. The University had requested a 2% increase in tuition rates for all students for 2010-11; however, the Enacted State Budget maintained the�previous year's�level of�tuition appropriation authority, demonstrating the Legislature�s intent to preclude any increase in resident undergraduate tuition for 2010-11. SUNY will abide by this intent, and has not proposed any increase for resident undergraduate tuition for the upcoming academic year. To ensure that current academic programs and support services receive essential funding with which to operate in 2010-2011 and beyond, the State University has determined that tuition increases in certain degree categories are needed. More specifically, analysis of the tuition schedule and review of market conditions demonstrates that the out-of-state resident tuition for both graduate and undergraduate students should be increased by 4%. Tuition for professional programs (medical, dental, law, pharmacy, doctorate of physical therapy, doctorate of nursing practice) should be increased by 9% for resident students and 20% for out-of-state resident students. For students enrolled in the MBA program, rates for resident students should increase 9% and for out-of-state resident students, by 10%; and the rate for the optometry program should be increased by 5.2% for both resident and out-of-state resident students. Even with the recommended increases, the tuition charged at the State-operated campuses of State University of New York is still competitive when compared to peer institutions in other university systems. Accordingly, the tuition increases on an annual basis proposed by this resolution are as follows: Associates Degree: Tuition would increase by $350 to $9,100 for out-of-state students. Baccalaureate Degree: Tuition would increase by $510 to $13,380 for out-of-state students. Graduate Degree Programs: Tuition would increase by $530 for out-of-state students, to $13,780. For students enrolled in programs leading to a Masters in Business Administration degree, tuition would increase by $770 to $9,380 for residents and by $1,380 to $15,140 for out-of-state students. Medicine: Tuition would increase by $2,050 to $24,850 for residents and by $8,130 to $48,770 for out-of-state residents. Law: The tuition at the Law School of the University at Buffalo would be increased by $1,440 per year for residents and by $4,850 for out-of-state residents, to $17,450 and $29,110, respectively. Pharmacy: The tuition at the School of Pharmacy at the University at Buffalo would increase by $1,500 per year for residents and by $5,750 for out-of-state residents, to $18,120 and $34,500, respectively. Physical Therapy and Doctor of Nursing Practice: Tuition for the Doctor of Physical Therapy and Nursing Practice at the University at Buffalo and the University at Stony Brook would increase by $1,250 for residents and $4,440 for out-of-state residents, to $15,100 and $26,630, respectively. Dentistry: Tuition would increase by $1,770 per year for residents and by $7,880 for out-of-state students in the D.D.S. programs at the Universities at Stony Brook and Buffalo, to $21,420 and $47,300, respectively. Optometry: Tuition would increase by $860 for resident students and by $1,650 for out-of-state students at the College of Optometry, to $17,380 and $33,370, respectively. These rates were last increased in the fall 2009. This action will initiate the rulemaking process in accordance with the State Administrative Procedure Act, 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 NY State Register. 4 -12- Board Resolution August 12, 2010