M E M O R A N D U M

							August 12, 2010

To:		Members of the Board of Trustees
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From:		Nancy L. Zimpher, Chancellor
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Subject:	Regional Tuition Rate - State University of New York Maritime College

	I recommend that the Board of Trustees adopt the following resolution:

Whereas the State University Maritime College is a state maritime academy under federal law (46 U.S.C. Section 51501 et seq.) and is administered and funded in accordance with federal requirements; and

Whereas Maritime College is a regional maritime academy in accordance with an agreement with the United States of America, and under this regional academy status, has charged students from the participating states in-state tuition rates as authorized by this Board of Trustees pursuant to Resolution 97-70, adopted May 28, 1997; and
Whereas Maritime College has requested more flexibility in its ability to set rates for students from outside of New York State; 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 302.5 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 302.5. Tuition charge for nonresident students at Maritime College.
�(a) The chancellor hereby is authorized to execute in the name and under the seal of the State University on behalf of the Maritime College thereof, an agreement with the United States of America, acting through the Maritime Administration of the Department of Transportation, under the Maritime Academy Act of 1958 (Public Law 85-672) and applicable regulations, for annual payments in support of the Maritime College, including agreement to admit students resident in other states, and for subsidy payments with respect to students attending the Maritime College and further including agreements with other states to participate in a regional maritime academy whereby students from participating states are charged [the tuition role for State residents]a special tuition rate of 150% of the tuition [role] rate for State residents �in accordance with Federal requirements; provided, however that students from participating states who have matriculated during or prior to the State University�s 2009-10 fiscal year shall be charged a special tuition rate of 125% of the tuition rate for State students, in accordance with Federal requirements.
(b) The increased annual payment in support of the Maritime College upon condition of admitting students residents in other states shall be received in discharge of such amount of the established nonresident tuition charge rate as shall reduce it to the special rate described in paragraph (a) above [rate charged State residents] in the case of such students admitted under Federal requirements.
and, be it further
Resolved that Resolution 2010-081, adopted May 11, 2010, be, and the same hereby is, repealed.
Background
	This resolution authorizes emergency and proposed rulemaking with respect to tuition charges of the Maritime College, effective for the fall 2010 semester.
        Since 1997, Maritime College has been recognized by the federal government as a Regional Maritime Academy. In May 1997, the Board of Trustees approved the final adoption of an amendment to the tuition and fees schedule that allowed, effective for the fall 1997 semester, students from the �region� to be charged the in-state tuition rate for their education. The states that are part of this region are Alabama, Connecticut, Delaware, Florida, Georgia, Louisiana, Mississippi, Maryland, New Jersey, North Carolina, Pennsylvania, Rhode Island, South Carolina, Washington D.C., and Virginia.
        
        Maritime College has requested additional flexibility in setting the tuition rate for students from the region, and has proposed adjusting the �in-region� rate to 125% of the in-state tuition for currently enrolled students and to 150% of the in-state rate for students entering fall 2010 and later.  It is estimated there will be 270 returning students and 90 new students that will be impacted by this change.


















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Board Resolution	3-	August 12, 2010