Budget Amendment ID: FY2019-S4-324-R2

2nd Redraft EDU 324

Protecting Students from Price Gouging and Unfair Tuition Increases

Messrs. Montigny, Rodrigues and Eldridge, Ms. O'Connor Ives, Messrs. O'Connor, Moore and Pacheco moved that the proposed new text be amended by inserting after section 5 the following section:-

“SECTION 5A. Section 9 of chapter 15A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the fourteenth sentence the following words:-

Except for community colleges defined under section 5A, the boards of trustees shall submit notice of the amount of annual student charges that shall not increase for a period of 5 years for review and approval by the council.  If, within that 5 year period, a board of trustees wishes to amend the annual student charges for the next academic year, that board of trustees shall apply for a waiver to the council not later than a date established by the council.  The boards of trustees shall demonstrate that the increase is necessary to adequately fund student education and services in rare and extraordinary circumstances.  Any waiver application shall outline factors necessitating increased student charges.  The boards of trustees shall ensure that each campus of the college or university publishes the waiver application on its website in a conspicuous manner within 10 days of the filing of the application.  The council may approve a waiver application only after a public hearing at each campus of the college or university, in addition to an oversight hearing conducted by the council.  The council shall file, not later than 10 days after issuing a final decision, a copy of the waiver application, public comments and reasons for approving or denying the application with the senate and house chairs of the joint committee on higher education, the senate and house chairs of the committees on ways and means and the senate and house chairs of the committees on rules. The board shall ensure that each campus of the college or university publishes the decision and the council’s reasoning for the decision on its website in a conspicuous manner not later than 10 days after a final decision. The council shall establish guidelines to be followed by each state university to provide each student a detailed statement of all student charges.  The statement shall identify the percentage of student charges used to pay for expenses directly related to student education including, but not limited to, instruction, student services and academic support costs in comparison to indirect expenses including, but not limited to, administrative salaries, travel costs, university credit card expenditures, operations and maintenance costs.

The council shall set a procedure for the review and approval of the student charges for each 5 year set annual student charge rate that shall ensure that the rates for the subsequent 5 year period shall be completed prior to the beginning of the fifth year of the existing student charge rates.”; and

by inserting after section 16 the following section:-

“SECTION 16A. Subsection (b) of section 1B of chapter 75 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following words:-

The board shall submit notice of the amount of annual student charges that shall not increase for a period of 5 years for review and approval by the board of higher education established under section 4 of chapter 15A, hereinafter referred to in this section as the council,   If within that 5 year period, a board of trustees wishes to amend the annual student charges for the next academic year, that board of trustees shall apply for a waiver to the council not later than a date established by the council.  The board shall demonstrate that the increase is necessary to adequately fund student education and services in rare and extraordinary circumstances.  Any waiver application shall outline factors necessitating increased student charges.  The board shall ensure that each campus of the university publishes the waiver application on its website in a conspicuous manner not later than 10 days after the application is filed.  The council may approve a waiver application only after a public hearing at each campus of the university, in addition to an oversight hearing conducted by the council.  The council shall file, not later than 10 days after issuance of a final decision, a copy of the waiver application, public comments and reasons for approving or denying such application with the senate and house chairs of the joint committee on higher education, the senate and house chairs of the committees on ways and means and the senate and house chairs of the committees on rules.   The board shall ensure each campus of the university publishes the decision and the council’s reasoning for the decision on its website in a conspicuous manner not later than 10 days after a final decision.

The council shall set a procedure for the review and approval of the student charges for each 5 year set annual student charge rate that shall ensure that the rates for the subsequent 5 year period shall be completed prior to the beginning of the fifth year of the existing student charge rates.”; and

in subsection (d) of said section 1B of said chapter 75 of the General Laws, as so appearing, by adding the following words:- “The statement shall identify the percentage of student charges used to pay for expenses directly related to student education including but not limited to instruction, student services and academic support costs in comparison to indirect expenses including, but not limited to, administrative salaries, travel costs, university credit card expenditures, operations and maintenance costs.”.