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Page 1
Tuition-Setting Authority for Public Colleges and Universities
By Kyle Zinth and Matthew Smith
October 2012
Introduction
Who sets tuition? Regardless of the state in question, the answer lies in complex governance arrangements set
by state constitutions, session law, and tradition. As appropriations to public postsecondary institutions
continue to decline, state and higher education leaders have considered the tuition-setting question. As the
summary table shows, a majority of state policies vest tuition-setting authority in local institutional boards.
The table categorizes tuition-setting authority by entity (e.g., legislature, system, institution) and by
postsecondary sector (e.g., two- and four-year institutions). Following the table is a narrative for each state.
State and system-level policy citations are for general, in-state tuition, and do not cover the authority to set
tuition for non-resident students.
Four-Year Institutions
Community/Technical Colleges
State
Legislature
State
Board of
Education
State
Systems or
Boards of
Higher
Education
Multi-
Campus
Boards
Single
Campus
Boards
State
Legislature
State
Board of
Education
State
Systems or
Boards of
Higher
Education
Local
Community
College
Boards
Alabama
X
X
Alaska
X
X
Arizona
X
X
Arkansas
1
X
X
California
X
X
Colorado
2
X
X
Connecticut
X
X
X
Delaware
X
X
Florida
X
X
Georgia
X
X
Hawaii
X
X
Idaho
X
X
Illinois
X
X
Indiana
3
X
X
Iowa
X
X
Kansas
X
X
Kentucky
X
X
Louisiana
X
X
1
While local governing boards have the authority to set tuition, any increases in tuition can be offset by decreases in state appropriations.
2
After the 2015-16 academic year, the Colorado Commission of Higher Education will establish tuition policies based on institutional mission.
3
The Indiana Commission for Higher Education recommends nonbinding tuition and fee increase targets for each institution.
Postsecondary
Tuition and Fees
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Page 2
Four-Year Institutions
Community/Technical Colleges
State
Legislature
State
Board of
Education
State
Systems or
Boards of
Higher
Education
Multi-
Campus
Boards
Single
Campus
Boards
State
Legislature
State
Board of
Education
State
Systems or
Boards of
Higher
Education
Local
Community
College
Boards
Maine
X
Maryland
X
X
Massachusetts
X
X
Michigan
X
X
Minnesota
X
X
Mississippi
X
X
Missouri
X
X
Montana
X
X
Nebraska
X
X
Nevada
X
X
New
Hampshire
X
X
New Jersey
X
X
New Mexico
X
X
New York
X
X
North Carolina
X
X
North Dakota
X
X
Ohio
X
X
Oklahoma
X
X
Oregon
X
X
Pennsylvania
X
X
X
Rhode Island
4
South Carolina
X
X
South Dakota
X
X
Tennessee
X
X
Texas
X
X
X
Utah
X
X
Vermont
X
X
X
Virginia
X
X
Washington
X
X
West Virginia
X
X
Wisconsin
X
X
Wyoming
X
X
Total
2
1
27
22
3
1
24
21
Alabama
Four-Year Institutions
Universities set in-state tuition rates.
Source: A
LA. CODE § 16-33C-17
Community and Technical Colleges
The State Board of Education sets in-state tuition for community and technical colleges.
Source: A
LA. COMMUNITY COLLEGE SYSTEM POLICY 803.01
Alaska
All Institutions
The Regents of the University of Alaska set tuition for system universities and community colleges.
Source: A
LASKA STAT. § 14.40.170(B)(3)
4
Rhode Island House Bill 7323, Substitute A (2012) eliminated the Board of Governors for Higher Education. It is unclear which state entity will set
tuition in the future.
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Page 3
Arizona
Four-Year Institutions
The Arizona Board of Regents sets tuition and fees at the state’s three universities.
Source: A
RIZ. REV. STAT. ANN. § 15-1626(5)
Community Colleges
Local community college district boards set tuition and fees.
Source: A
RIZ. REV. STAT. ANN. § 15-1445(3)
Arkansas
Four-Year Institutions
University boards of trustees set tuition and fees.
Source: A
RK. CODE ANN. § 6-65-105, § 6-65-212, § 6-66-102(d)(3), § 6-67-103, ARK. CONSTIT. AMD 33
Community Colleges
Local community college boards determine student tuition and fees.
A
RK. CODE ANN. § 6-61-523
State Level Coordinating Board
While local boards set tuition, the legislature can offset increases by decreasing state appropriations.
Source: A
RK. CODE ANN. § 6-61-228(M)(2)(B)
California
System-Level Boards
The University of California’s Board of Regents sets tuition based on the president’s recommendations;
California State University’s chancellor determines the tuition and student service fee schedules.
Source: UC
REGENTS POLICY 3101 (11/10/2010); CODE REGS. TIT. 5, § 4180
Community Colleges
The legislature sets student fee schedules for all community college districts.
Source: C
AL. EDUC. CODE ANN. § 76300
Colorado
Four-Year Institutions
Until 2015-16, local boards shall set tuition rates, as long as the amount does not exceed 9% annually.
Source: C
OLO. REV. STAT. § 23-5-130.5
Community Colleges
The state board for community colleges and occupational education sets tuition.
Source: C
OLO. REV. STAT. § 23-1-104(1)(b)(I); § 23-60-202
Commission on Higher Education
After July 1, 2016, institutional boards will set tuition according to commission policies.
Source: C
OLO. REV. STAT. § 23-1-108(12)(b)
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Connecticut
State-Level Board
The Board of Regents sets tuition for all state institutions, except the University of Connecticut.
Source: C
ONN. GEN. STAT. ANN. § 10a-6
Delaware
All Institutions
The Boards of Trustees for the University of Delaware, Delaware State University, and Delaware Technical
Community College set tuition rates.
Sources: D
EL. CODE ANN. TIT. 14, § 5106; DEL. CODE ANN. TIT. 14, § 6505; DEL. CODE ANN. TIT. 14, § 9105
Florida
All Institutions
Since 2008, the legislature sets tuition. Unless otherwise provided, tuition increases at the rate of inflation.
Source:
FLA. STAT. ANN. § 1009.23 & § 1009.24
Georgia
All Four-Year Institutions & Community Colleges
The Georgia Board of Regents sets tuition for all universities and community colleges.
Source: B
OARD OF REGENTS POLICY MANUAL 7.3.1
Technical Colleges
The State Board of the Technical College System of Georgia sets tuition and fees rates.
Source: G
A. CODE ANN. § 20-4-11
Hawaii
All Institutions
The Board of Regents of the University of Hawaii sets tuition and fees for all public institutions.
Source: H
AW. REV. STAT. TIT. 18 § 304A-403, § 304A-1102; University of Hawaii Board of Regents, Policies and
Bylaws, Sec. 6-1
Idaho
Four-Year Institutions
The Idaho State Board of Education sets tuition based on institutional recommendations.
Source: Board of Education, Governing Policies and Procedures Section V: Financial Affairs Subsection R
Community Colleges
Local boards of trustees may set tuition, as long as the increase does not exceed 10% annually.
Source: I
DAHO CODE § 33-2110.
Illinois
Four-Year Institutions
Boards of Trustees of each public four-year institution have the power to set and collect tuition fees.
Sources: I
LL. REV. STAT. CHS. 110, § 305/7(a), § 520/8(5), § 660/5-45(5), § 665/10-45(5), § 670/15-45(5), §
675/20-45(5), § 680/25-45(5), § 685/30-45(5), § 690/35-45(5)
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Community Colleges
Each Illinois community college district will establish in-district and in-state tuition rates.
Source: I
LL. REV. STAT. CH. 110, § 805/6-4, ILL. ADMIN. CODE TIT. 23, § 1501.505
Indiana
All Institutions
Local board of trustees may set the tuition and fees biennially. After tuition and fees are set, institutions may
adjust the tuition and fee rates only if appropriations are reduced or withheld.
Source
: IND. CODE ANN. § 21-14-2-1
State-Level Coordinating Board
The commission for higher education recommends nonbinding tuition increase targets for each institution.
Source: I
ND. CODE ANN. § 21-14-2-12.5
Iowa
Four-Year Institutions
The Iowa Board of Regents has the authority to establish tuition rates at the state’s three universities.
Source: I
OWA CODE ANN. § 262.9, IOWA ADMIN CODE § 681-9.6
Community Colleges
Local boards set tuition, as long as the amount does not exceed that of public, four-year institutions.
Source: I
OWA CODE ANN. § 260C.14
Kansas
Four-Year Institutions
The Kansas Board of Regents sets tuition, fees and charges for each public four-year institution.
Source: K
AN. STAT. ANN. § 76-719
Community Colleges
Local boards of trustees establish per credit-hour tuition rates.
Source: K
AN. STAT. ANN. § 71-301
Kentucky
All Institutions
The Council on Postsecondary Education, a state-level coordinating board, determines tuition.
Source: K
Y. REV. STAT. ANN. § 164.020
Louisiana
State Legislature
The general assembly sets tuition. Institutions, however, may raise tuition rates by up to 10% annually, in
exchange for achieving certain performance objectives.
Source: L
A. REV. STAT. ANN. § 17.3351
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Page 6
Maine
The University of Maine
The Board of Trustees approves tuition rates for the University of Maine and its branch campuses.
Source: University of Maine, Board of Trustees
Policy Manual - Section 703 Tuition and Fees
Community College System
The Maine Community College Board of Trustees set in-state tuition rates.
Source: M
E. REV. STAT. ANN. TIT. 20-A, § 12706
Maryland
All Institutions
The local governing boards of public institutions set in-state tuition rates.
Source:
MD. CODE § 10-101, § 10-208, § 12-109, § 14-104; MD. CODE § 16-103, § 16-505, § 16-606
Massachusetts
All Institutions
The Massachusetts Board of Higher Education, a state-level coordinating board, sets tuition rates based on
recommendations from the University of Massachusetts and community college boards.
Source: M
ASS. GEN. LAWS ANN. CH. 75, § 1A, Tuition and Fee Rates: Ten-Year History
Michigan
All Institutions
Local governing boards of four-year institutions shall determine tuition and fees rates.
Sources: University of Michigan Regents, Bylaws Chapter X. Sec. 10.01; Michigan State Trustees Bylaws,
Article 8; M
ICH. STAT. ANN. § 390.154, § 390.352, § 390.355, § 390.394, § 390.554, § 390.645, § 390.715, §
390.803, § 390.843; M
ICH. STAT. ANN. § 389.123
Minnesota
State Systems of Higher Education
Two system boards—one for the University of Minnesota, the other for the Minnesota State Colleges and
Universities— set tuition. Tuition may vary by program or cost of instruction.
Source: M
INN. STAT. ANN. § 135A.04, § 136F.06, § 136F.70
Mississippi
All Institutions
The Board of Trustees for the Institutions of Higher Learning (IHL) set tuition.
Source: IHL Policies and Bylaws, 702 Tuition, Fees, and Other Student Charges
Missouri
All Institutions
Local boards set tuition. However, institutions exceeding the state average tuition must either remit 5% of
their state appropriations or request a waiver from the Commissioner of Higher Education.
Source: M
O. REV. STAT. § 173.1003; Missouri Department of Higher Education, Tuition and Fees
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Montana
Four-Year Institutions Board of Regents of Higher Education
The Board of Regents sets tuition rates at four-year institutions in the Montana University System.
Source: M
ONT. CODE ANN. § 20-25-421
Community Colleges
Local district board of trustees sets tuition rates, upon approval of the Montana Board of Regents.
Source: M
ONT. CODE ANN. § 20-15-105
Nebraska
All Institutions
Local governing boards may set tuition and other fees to be paid by in-state students.
Source: N
EB. REV. STAT. § 85-503; NEB. REV. STAT. § 85-1511
Nevada
All Institutions
The Board of Regents of the Nevada System of Higher Education sets tuition and fees. In-state residents are
exempt from tuition, but they must pay credit-hour fees. Fees vary by institution.
Source: N
EV. REV. STAT. § 396.540, Nevada System of Higher Education, NSHE Tuition & Fees FAQ
New Hampshire
University of New Hampshire System
The Board of Trustees of the University of New Hampshire System has the authority to establish tuition.
Source:
N.H. REV. STAT. § 187-A:16
Community College System of New Hampshire
The community college board of trustees has the authority to establish tuition and fees amounts
Source:
N.H. REV. STAT. § 188-F:6
New Jersey
Institutional governing boards have the authority to set and determine tuition rates and other fees.
Source:
N.J. REV. STAT. § 18A:3B-6, § 18A:64-6, § 18A:64-13 (state colleges); § 18A:64A-12, § 18A:64A-57
(community colleges)
New Mexico
All Institutions
Local boards of each state postsecondary institution set tuition rates.
Source:
N.M. REV. STAT. § 21-1-2; N.M. REV. STAT. § 21-13-10, § 21-13-24.1
New York
State Systems of Higher Education
The system boards for the State and City Universities of New York have the authority to set tuition rates.
Source:
N.Y. EDUC. CODE LAW § 6007, (SUNY); N.Y. EDUC. CODE LAW § 6206 (CUNY)
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North Carolina
Four-Year Institutions
The Board of Governors of the University of North Carolina set tuition rates for 17 system universities.
Source:
N.C. GEN. STAT. § 116-11
Community Colleges
The State Board of Community Colleges sets tuition rates for each two-year system institution.
Source:
N.C. ADMIN. CODE TIT. 21, R. 2D.0201
North Dakota
All Institutions
The North Dakota Board of Higher Education sets tuition and fees for all public institutions.
Source:
N.D. CENT. CODE § 15-10-17, (SB 2351—2011)
Ohio
All Institutions
Local boards set tuition rates. The legislature determines the maximum allowable fee increases.
Source:
OHIO REV. CODE § 3354.09, § 3358.08; § 3357.09
Oklahoma
All Institutions
The Oklahoma State Regents for Higher Education sets tuition at all public institutions.
Source:
OKLA. STAT. ANN. TIT. 70, § 3218.8
Oregon
Oregon University System
The State Board of Higher Education may set tuition for each institution under its control.
Source:
OR. REV. STAT. § 351.070
Community Colleges
Community colleges may prescribe tuition, consistent with rules set by the State Board of Education.
Source:
OR. REV. STAT. § 341.290
Pennsylvania
State System of Higher Education
The Pennsylvania State System of Higher Education (PASSHE) sets tuition for its 14 institutions.
Source: Pennsylvania State System of Higher Education Board of Governors,
POLICY 1999-02-A: TUITION
State-Related Universities & Community Colleges
The local boards of Lincoln University, Pennsylvania State University, Temple University, the University of
Pittsburgh, and all community colleges set tuition rates.
Source:
22 PA. CODE § 40.23; 22 PA. CODE § 35.29
Rhode Island
Rhode Island House Bill 7323, Substitute A (2012) eliminated the Board of Governors for Higher Education
and created a consolidated P-20 board. The budget bill does not indicate whether this board will set tuition.
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Page 9
South Carolina
Four-Year Institutions and Community Colleges
Local institutional governing boards set tuition rates.
Technical Colleges
The State Board Technical and Comprehensive Education sets tuition at the state’s 16 technical colleges.
Source: S.C.
CODE ANN. § 59-112-10
South Dakota
All Institutions
The state board of regents sets in-state tuition rates.
Source: S.D.
CODE ANN. § 13-53-6, BOARD OF REGENTS Policy Manual, Tuition and Fees: General Procedures
Tennessee
State Systems of Higher Education
The Tennessee Board of Regents sets tuition for its six senior institutions and 13 community colleges. The
University of Tennessee System sets tuition for its three universities and one medical campus.
Source: TN.
CODES ANN. § 49-8-104, 49-8-203; 49-9-105, 49-209
Texas
All Institutions
Local or system governing boards set tuition and fees.
Source: T
EX. EDUC. CODE § 54.0513 (Four-year colleges); TEX. EDUC. CODE § 130.084 (Two-year colleges)
Utah
All Institutions
The Utah Board of Regents may set the tuition, fees and charges for each postsecondary institution.
Source: U
TAH CODE ANN. § 53B-7-101
Vermont
Vermont State Colleges
The State Colleges’ Board of Trustees sets tuition rates for all Vermont postsecondary institutions except the
University of Vermont, whose board of trustees sets tuition rates.
Source: V
T. STAT. ANN. § 2174
Virginia
State Universities
The local governing boards of the 15 state universities set tuition rates.
Source: V
A. CODE ANN. § 23-45, § 23-49.18, § 23-49.29, § 23-50.11, § 23-91.21, § 23-91.30, § 23-91.41, § 23-
128, § 23-135.13, § 23-135.18, § 23-155.8, § 23-164.7, § 23-165.7, § 23-174.7, § 23-189
Community Colleges
The State Board for Community Colleges has the authority to set tuition fees and charges.
Source: V
A. CODE ANN. § 23-218
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Page 10
Washington
All Institutions
University boards and the State Board of Community and Technical Colleges have the authority to set tuition
rates. After 2014-15, each board can only raise tuition if it does not exceed that of institutional peers.
Source: W
ASH. REV. CODE § 28B.15.067
West Virginia
All Institutions
Each university or community college governing board is responsible for setting tuition and other fees.
Source:
W. VA. CODE § 18B-10-1, § 18B-2A-1
Wisconsin
State Systems of Higher Education
Two system boards (University of Wisconsin and the Wisconsin Technical Colleges) set tuition.
Source:
WIS. STAT. § 36.27; WIS. STAT. § 38.24
Wyoming
University of Wyoming
The University Board of Trustees may set tuition rates.
Source:
WYO. STAT. § 21-17-203
Community Colleges
The Community College Commission sets tuition rates for the state’s seven community colleges.
Source:
WYO. STAT. § 21-18-202(a)(ii)
Kyle Zinth is a former ECS Policy Analyst. Matthew Smith is a higher education policy analyst. He may be reached at
303.299.3698 or
[email protected].
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