New York Laws
Article 126 - Community Colleges and State-Aided Four-Year Colleges
6305 - Non-Resident and Out-of-State Students.

§ 6305. Non-resident and out-of-state students. 1. In addition to
admitting residents of its own local sponsor or sponsors, each community
college shall, within the quota and under the conditions prescribed by
the state university trustees, admit non-resident students and
out-of-state students.

2. Any community college may, with the approval of the state
university trustees, charge non-resident students sufficient tuition and
fees to cover an allocable portion of the local sponsor's share of the
operating costs of such community college in addition to regular tuition
and fees. Such community college may elect to charge to and collect
from each county within the state which has issued a certificate or
certificates of residence pursuant to subdivision three of this section
on the basis of which such non-resident students are attending such
community college, an allocable portion of the local sponsor's share of
the operating costs of such community college attributable to such
non-resident students, computed on a per student basis, together with a
further sum of not to exceed three hundred dollars each year to be
determined and approved by the state university trustees for each such
non-resident student on account of the local sponsor's share of the
capital costs incurred to provide facilities in which such non-resident
students can be accommodated; or, where such non-resident students come
from communities which have elected to participate in and pay an
appropriate share of the expenses involved in the local sponsor's
community college program, such allocable portion of operating expenses
and such further sum not to exceed three hundred dollars per student for
capital costs on account of their residents attending such community
college shall be determined and approved by the state university
trustees, and be charged to and collected from such communities.

3. 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-resident student, a certificate of residence form
showing that said person is a resident of said county. No such chief
fiscal officer shall require a person desiring to enroll in a community
college as a non-resident student to disclose or furnish his or her
social security number. If the chief fiscal officer of a county refuses
to issue such a certificate on the ground that the person applying
therefor is not a resident of such county, the person applying may
appeal, in writing, electronically or by mail, to the chancellor of the
state university. The chancellor of the state university, or such
officers or employees thereof as shall be designated by the chancellor
in a manner authorized by the state university trustees, shall make a
determination after a hearing, upon ten days' notice to such chief
fiscal officer of the county, and such determination shall be final and
binding on the county. Such person shall, upon registration for each
college year, file with the college such a certificate of residence form
issued not earlier than two months prior thereto, and such certificate
of residence form shall be valid for a period of one year from the date
of issuance. The state university trustees shall be authorized to
promulgate regulations to effectuate the provisions of this subdivision.

4. If, pursuant to subdivision two of this section, a community
college elects to charge to and collect an allocable portion of the
operating costs and a further sum on account of capital costs of such
college from each county which has issued a certificate form or
certificates of residence forms pursuant to subdivision three of this
section, on the basis of which non-resident students are attending such
community college, the president of such community college shall, within

forty-five days after the commencement of each college term or program,
submit to the chief fiscal officer of each county a list of non-resident
students attending such college on the basis of such certificates of
residence form and a voucher for the amount payable by each county for
these students. Such list and voucher shall be determined on the basis
of non-resident students enrolled in the program as of the end (or last
day) of the third week of the commencement for a program scheduled for
one semester, the end of the second for a program scheduled for an
academic quarter and the end of the first week for any program scheduled
to be completed in thirty days or less. The chancellor of the state
university, or such officers or employees thereof as shall be designated
by the chancellor in the manner authorized by the state university
trustees, shall notify the chief fiscal officers of each county of the
approved annual operating and capital charge-back rate for each
community college. The amount billed to the chief fiscal officer of each
county by the president of such community college as a charge for the
allocable portion of the operating costs and a further sum on account of
capital costs of such college for non-resident students shall be paid to
the chief fiscal officer of such college by the billed county no later
than sixty days after the county receives said billing.

5. Amounts payable to such colleges by a county pursuant to this
section shall be a general county charge; provided, however, that with
respect to the amounts allocable to each community college a county may
charge back such amounts in whole or in part to the cities and towns in
the county in proportion to the number of students who, on the basis of
certificates of residence issued by such county, were attending each
such college as non-residents of the local sponsors thereof during the
terms for which the county has been charged, and who were residents of
each such city or town at the beginning of such terms.

7. In the case of counties comprising the city of New York, references
in this section to a county shall mean the city of New York and
references in this section to the chief fiscal officer of a county shall
mean the comptroller of the city of New York.

8. Part-time and out-of-state students shall be charged such tuition
and fees as may be approved by the state university trustees. Any
student attending a community college who is a member or the spouse or
the dependent of a member of the armed forces of the United States on
full-time active duty and stationed in this state, whether or not a
resident of this state, shall be charged the tuition rate for residents
as approved by the state university trustees. Any student attending a
community college in accordance with the federal GI bills and in
compliance with all applicable eligibility requirements thereof, whether
or not a resident of this state, shall be charged the tuition rate for
residents as approved by the state university trustees. Any student
attending a community college who is the spouse or the dependent of a
member of the armed forces of the United States on full-time active duty
and not stationed in this state immediately following being stationed
therein, whether or not a resident of this state, shall be charged the
tuition rate for residents as approved by the state university trustees.

8-a. The payment of tuition and other fees and charges of a student
who is attending a community college and who is not a legal resident of
New York state but is a United States citizen, a permanent lawful
resident, an individual who is granted U or T non-immigrant status
pursuant to the Victims of Trafficking and Violence Protection Act of
2000, a person granted temporary protected status pursuant to the
Federal Immigration Act of 1990, an individual of a class of refugees
paroled by the attorney general of the United States under his or her
parole authority pertaining to the admission of noncitizens to the

United States, or an applicant without lawful immigration status may be
reduced by state-aided programs, scholarships and other financial
assistance awarded under the provisions of articles thirteen,
thirteen-A, fourteen and fourteen-A of this chapter, provided that the
student meets the requirements set forth in subparagraph (ii) of
paragraph a or subparagraph (ii) of paragraph b of subdivision five of
section six hundred sixty-one of this chapter, as applicable.

9. A community college may expend moneys collected as capital charges
received from counties of nonresident students for up to one-half the
purchase price of equipment. A community college may include up to
one-half the purchase price of equipment in calculating capital charges
collected from counties of nonresident students. Such expenditures shall
be made pursuant to guidelines promulgated in rules and regulations of
the board of trustees of the state university. In no event shall such
expenditures qualify for state aid as capital costs.

10. On or before March thirty-first, nineteen hundred ninety-five and
every year thereafter, the state shall 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 nineteen
hundred ninety-three--ninety-four academic year and every year
thereafter in an amount equal to fifty percent of the actual amount paid
by such county on behalf of such students and on or before June first,
nineteen hundred ninety-five and every year thereafter, the state shall
reimburse each county for the remaining fifty percent of the actual
amount paid by each such county on behalf of such students.

12. Such calculated chargeback rates shall be set on an academic year
basis and shall not vary by semester within each academic year, and no
retroactive charge shall be billed to any county based on an increased
chargeback rate after the commencement of each annual academic year.

13. Beginning in the two thousand fourteen--two thousand fifteen
academic year, the state university of New York and the city university
of New York shall develop an on-line training program to be made
available to each county treasurer and/or financial officer, to provide
information regarding chargeback fees and guidance concerning common
forms, timelines, and policies relating to chargeback fees and the
payment thereof.

14. Beginning in the two thousand fourteen--two thousand fifteen
academic year, the state university of New York and the city university
of New York shall assist in the development and implementation of an
on-line or electronic billing system, to be available to the counties of
this state, for the payment of chargeback fees.