W. Va. Code R. § 135-32-5

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 135-32-5 - Tuition and Fee Increases

5.1. Approval of In-State or Resident Tuition and Required Fee Increases.

5.1.1. The Council shall communicate to institutions by February 28 annually the benchmarks and guidelines for consideration of any tuition and fee increase above 10 percent in one year or above seven percent per year averaged over a rolling three-year period calculated by averaging the proposed increase with the increase for the immediate two previous years. Tuition and fee increases for online courses are not subject to approval by the Council. The benchmarks and guidelines may include, but are not limited to:

5.1.1.a. The HEPI, or other appropriate inflationary benchmarks, which was not offset by any new appropriation to the institution's base budget for the corresponding fiscal year;

5.1.1.b. Institutional and State funding per annualized full-time equivalent student;

5.1.1.c. Most recent three-year history of tuition and fee increases;

5.1.1.d. Institutional implementation of new, high cost programs as defined by the Council;

5.1.1.e. Total sources of student generated revenue, including supplemental and program fees; and,

5.1.1.f. Other factors as requested or deemed relevant by the Council.

5.1.2. A governing board may approve without Council approval tuition and required fee increases for resident students each fiscal year up to 10 percent or not above seven percent over a three-year rolling period calculated as described in W. Va. Code § 18B-10-1(k)(1) and Subsection 5.1.1. above.

5.1.2.a. For the purposes of this rule, the tuition and fee increases that do not require Council approval shall be based on the institution's tuition and required fee rates charged to all in-state, resident students.

5.1.2.b. The Council shall approve any supplemental fee if it is a new fee or an increase in an existing fee that is charged to 50 percent or more of the students and if the new or increased fee causes resident tuition and fee increases to exceed ten percent in one year or seven percent over a three-year rolling period calculated as described in W. Va. Code § 18B-10-1(k)(1) and Subsection 5.1.1. above. An institution shall calculate whether the new or increased fee affects 50 percent or more of students by comparing its most current, unduplicated, fall headcount enrollment with its reported projected student population to be charged. Institutions shall include these new or increased fees in the reports required by Subsections 5.1.3. and 5.1.4. below.

5.1.2.c. The governing boards shall approve all program fees, which do not require Council's approval. However, institutions shall include these fees in the reports required by Subsections 5.1.3. and 5.1.4. below.

5.1.3. By August 31 annually, each institution shall provide the Council with a report that details the following information from the most recent academic year:

5.1.3.a. All tuition and required educational and general fee rates, program fees, and supplemental fees charged to resident, nonresident, and reduced nonresident students;

5.1.3.b. The total number of students charged resident, nonresident, and reduced nonresident tuition and required educational and general fees, program fees, and supplemental fees; and

5.1.3.c. The total revenue generated from resident, nonresident, and reduced nonresident tuition and required educational and general fees, program fees, and supplemental fees.

5.1.4. By April 1 annually, each institution shall provide to the Council a report of any board-approved or proposed new tuition and required educational and general fees, program fees, and supplemental fees for the next academic year. This report shall specify:

5.1.4.a. Current and proposed tuition and required educational and general fee rates, program fees, and supplemental fees for resident, nonresident, and reduced nonresident students;

5.1.4.b. The estimated number of students who will be charged any new or proposed changes to existing supplemental fees; and

5.1.4.c. The revenue increases projected to be generated from any proposed increases to tuition and required educational and general fees, program fees, and supplemental fees for resident, nonresident, and reduced nonresident students; and

5.1.4.d. The justification for tuition and fee increases that exceed a total of 10 percent in one year or seven percent over a three-year rolling period calculated as described in W. Va. Code § 18B-10-1(k)(1) and Subsection 5.1.1. above.

5.2. Review of Nonresident Tuition and Fees.

5.2.1. Each institution shall report to the Council annually the number of nonresident students enrolled and its nonresident tuition and fee rates. At no time should the admission of nonresident students to any institution or specific program of study within the institution unreasonably impede the ability of resident students to attend the institution or participate in the programs of the institution.

5.2.2. Full cost of instruction at each institution is based on the functional schedule from the institution's most recent financial statements and is calculated for each institution by dividing the total instruction and student services expenses by the institution's full-time equivalent students. The Council shall determine the average full cost of instruction for the community and technical college system by totaling the instruction and student services expenses for all institutions and dividing that sum by the full-time equivalent students enrolled at all the institutions. The Council shall provide to the institutions annually its calculations of both the institutional and system average full cost of instruction. The Chancellor shall review nonresident tuition and fees to determine if current proposed nonresident total tuition and fees fall below the lesser of the most recently reported system average or the applicable institutional full cost of instruction.

5.2.3. Institutional governing boards may choose to set nonresident tuition based on the lesser of the respective institution's full cost of instruction or the system average full cost of instruction.

5.2.4. To provide additional educational opportunities to West Virginia residents, governing boards may enter into reciprocity agreements with nearby out-of-state higher education institutions whereby the out-of-state institution makes available programs and courses that are not available at the West Virginia institution and vice versa.

5.2.4.a. Governing boards may enter into reciprocal regional and interstate agreements, including agreements with the Southern Regional Education Board, that allow nonresident students to be charged resident tuition and fee rates when the agreements are mutually beneficial to the students of the participating states.

5.2.4.b. Reciprocity agreements may not go into effect until they are approved by the Council and approved as to form by the Attorney General's Office. An institution's request for approval of a proposed reciprocity agreement shall include an estimate of the total number of participating students from West Virginia and other states over the life of the agreement.

5.2.4.c. Tuition and required fees for nonresident students subject to reciprocity agreements shall be consistent with the fully approved reciprocity agreement.

5.3. Review of Reduced, Nonresident Tuition and Fees.

5.3.1. Each governing board shall provide clear, specific criteria in its determination of which students will be charged the reduced, nonresident tuition rate, such as the out-of-state counties bordering the West Virginia institution.

5.3.2. Each institution shall report to the Council any proposed or changes to the reduced, nonresident tuition rates along with the submission of resident and nonresident tuition and fee rates as required by subsection 5.1.4. above.

W. Va. Code R. § 135-32-5