Add §609-a, rpld §661 sub 3, amd §§661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L
Enacts the New York state DREAM Act by creating the New York DREAM fund commission and amends eligibility requirements and conditions governing certain awards.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A782
SPONSOR: De La Rosa (MS) TITLE OF BILL:
An act to amend the education law, in relation to creating the New York
DREAM fund commission; eligibility requirements and conditions governing
general awards, academic performance awards and student loans; eligibil-
ity requirements for assistance under the higher education opportunity
programs and the collegiate science and technology entry program; finan-
cial aid opportunities for students of the state university of New York,
the city university of New York and community colleges; and the program
requirements for the New York state college choice tuition savings
program; and to repeal subdivision 3 of section 661 of such law relating
thereto
PURPOSE OR GENERAL IDEA OF BILL:
This bill would create the Jose Peralta New York State DREAM Act. This
bill would create a DREAM fund commission and a DREAM fund in order to
advance the educational opportunities of the children of immigrants by
providing scholarships to college bound students.
This bill would also eliminate potential financial obstacles to obtain-
ing State financial aid and extend the opportunities for undocumented
students to attend higher education institutions in this State by
providing a benefit consistent with U.S. citizens and nationals.
Finally this bill would eliminate barriers for immigrant aliens to save
for their families higher education expenses by allowing such individ-
uals to open a New York State 529 family tuition account under the New
York State College Tuition Savings Program and/or be a designated bene-
ficiary on an account if they have a taxpayer identification number.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 entitles the bill the "Jose Peralta. New York State DREAM
Act".
Section 2 of the bill would add a new Education Law § 609-a to create a
DREAM fund commission and a DREAM fund. The commission, whose members
are appointed by the Executive and Legislature, would raise money for
the DREAM fund in order to provide scholarships to college bound chil-
dren who are the children of immigrants. The commission would be
required to establish the criteria for the scholarships, to create and
publicize a training program for education professionals, and to develop
a public awareness campaign for the DREAM fund awards. Neither the
commission nor the fund would receive state funding or aid. The commis-
sion would be subject to the Freedom of Information Law, the Open Meet-
ings Law, and the code of ethics in section 74 of the Public Officers
Law.
Section 3 of the bill repeals Education Law § 661(3) to eliminate the
requirement that an applicant for a general award or academic perform-
ance award be either a citizen of the United States, or an alien
lawfully admitted for permanent residence in the United States, or an
individual of a class of refugees paroled by the attorney general of the
United States under his parole authority pertaining to the admission of
aliens to the United States.
Section 4 of the bill would amend Education Law § 661(5)(a) to allow
certain applicants for undergraduate awards who are not legal residents
of the state to be eligible for awards if they meet certain qualifica-
tions. The student must have either: (1) attended a registered New York
high school for 2 or more years, graduated from a registered New York
high school, and applied for attendance at the institution of higher
education for the undergraduate study for which an award is sought with-
in 5 years of receiving a high school diploma; (2) attended an approved
program for a state high school equivalency diploma, received a diploma,
and applied for attendance at the institution of higher education for
undergraduate study for which an award is sought within 5 years of
receiving a state high school equivalency diploma; or (3) must otherwise
be eligible for the payment of tuition and fees at a rate no greater
than that imposed for resident students of the State University of New
York ("SUNY"), the City University of New York ("CUNY") or community
colleges as prescribed in Education Law § 355(2)(1)(8) or § 6206(7)(a).
Further, undocumented students would also be required to file an affida-
vit with the higher education institution that he or she has filed an
application to legalize his or her immigration status, or will file such
an application as soon as he or she is eligible to do so.
Section 5 of the bill would amend Education Law § 661(5)(b) to make a
similar change for applicants seeking an award at the graduate level of
study, except for graduate study, the nonresident student must have
either: (1) attended a registered New York high school for 2 or more
years, graduated from a registered New York high school, and applied for
attendance at the institution of higher education for the graduate study
for which an award is sought within 10 years of receiving a high school
diploma; (2) attended an approved program for a state high school equiv-
alency diploma, received a diploma, and applied for attendance at the
institution of higher education for the graduate study for which an
award is sought within 10 years of receiving a state high school equiv-
alency diploma; or (3) must be otherwise eligible for the payment of
tuition and fees at a rate no greater than that imposed for resident
students of the SUNY, the CUNY or community colleges as prescribed in
Education Law § 355(2)(h)(8)or 6206(7)(a).
Section 6 of the bill would amend Education Law § 661(5)(d) to clarify
that if an applicant for tuition assistance does not have a New York
State residence, the applicant shall be deemed to reside in the
geographic area of the institution of higher education in which he or
she attends for purposes of an award allocated on a geographic basis.
Section 7 of the bill would amend Education Law § 661(5)(e) to clarify
that the new requirements in paragraphs (a) and (b) of this subdivision
are waived for a member, or the spouse or dependent of a member, of the
armed forces' of the United States on a full-time active duty and
stationed in this state.
Section 8 of the bill would add a new Education Law § 355(2)(h)(10) to
allow certain SUNY students who are not legal residents of the state to
have the payment of tuition and other fees and charges reduced by state-
aided programs, scholarships, or other financial assistance awarded
under Articles 13, 13-a, 14, and 14-a, provided that the student meets
the requirements in Education Law § 661(5)(a)(ii) or (b)(ii).
Section 9 of the bill adds a new Education Law § 6206(7)(d) to make a
conforming change for CUNY.
Section 10 of the bill adds a new Education Law § 6305(8-a) to make a
conforming change for community colleges.
Sections 11 and 12 of the bill amend Education Law § 6451(3)(d) and §
6452(4)(a)(v) to allow undocumented students who participate in opportu-
nity programs to receive supplemental financial assistance provided that
the student meets the requirements in Education Law § 661 (5) (a)(ii) or
(b)(ii).
Section 13 of the bill adds Education Law § 6455(2)(a) to allow an
applicant for the college science and technology entry program who is
not a legal resident of the state to be eligible for an award at the
undergraduate level of study provided that the student either: (I)
attended a registered New York high school for 2 or more years, gradu-
ated from a registered New York high school, and applied for attendance
at the institution of higher education for the undergraduate study for
which an award is sought within 5 years of receiving a high school
diploma; (2) attended an approved program for a state high school equiv-
alency diploma, received a diploma, and applied for attendance at the
institution of higher education for the undergraduate study for which an
award is sought within 5 years of receiving a state high school equiv-
alency diploma; or (3) is otherwise eligible for the payment of tuition
and fees at a rate no greater than that imposed for resident students
SUNY, CUNY or community colleges as prescribed in Education Law §
355(2)(h)(8) or § 6206(7)(a). Further, undocumented students would also
be required to file an affidavit with the higher education institution
that he or she has filed an application to legalize his or her immi-
gration status, or will file such an application as soon as he or she is
eligible to do so.
Section 14 of the bill amends Education Law § 6455(3)(a) to make a
conforming change for nonresident applicants at the graduate level of
study, except such applicants must have either: (1) attended a regis-
tered New York high school for 2 or more years, graduated from a regis-
tered New York high school, and applied for attendance at the institu-
tion of higher education for the graduate study for which an award is
sought within 10 years of receiving a high school diploma; (2) attended
an approved program for a state high school equivalency diploma,
received a diploma, and applied for attendance at the institution of
higher education for the graduate study for which an award is sought
within 10 years of receiving a state high school equivalency diploma: or
(3) is otherwise eligible for the payment of tuition at a rate no great-
er than that imposed for resident students of the SUNY, the CUNY or
community colleges as prescribed in Education Law § 355(2)(h) (8) or §
6206(7)(a).
Sections 15 and 16 of the bill amends Education Law §§ 695-e(2)(a)(i)
and (a)(iii) to allow individuals with a taxpayer identification number
(ITIN) to open a family tuition account and/or be a designated benefici-
ary under the New York State College Tuition Savings Program unless the
account was in effect prior to the effective date of this chapter and
does not allow for an ITIN, in which case an ITIN shall be allowed upon
expiration of the contract.
Section 17 would direct the president of the higher education services
corporation (HESC), in consultation with the commissioner of education
(SED), to establish an application form and procedures that allow a
student applicant that meets the requirements to apply to HESC or SED
for applicable awards without having to submit information to any other
state or federal agency. All information contained within these applica-
tions would he deemed confidential.
Section 18 is the effective date.
JUSTIFICATION:
Currently, New York enables hundreds of thousands of undocumented
students to receive an education through the state's public school
system. Our state recognizes the value of an investment in career and
college readiness for these students. It makes economic sense to help
these young students become fully participant in New York's economy.
Yet their futures are undeniably circumscribed by current immigration
law and State law relating to State financial aid for postsecondary
education. These young people generally derive their immigration status
from their parents. If their parents are undocumented, many have no
mechanism to obtain legal residency even if they have lived most of
their lives in the U.S.
Current State law prohibits undocumented immigrant students from receiv-
ing State financial aid (i.e. general awards and academic performance
awards). Denying them aid means denying them access to higher education.
This bill would seek to ease the financial burden of the high cost of
higher education by creating a commission and fund to raise money in
order to provide scholarships to the children of immigrants as well as
allowing eligible undocumented students to receive such awards by making
graduates of New York high schools or programs leading to a State high
school equivalency diploma and persons otherwise eligible for in-state
tuition in SUNY, CUNY or other institutions eligible to receive such
awards regardless of their residence or immigration status. Thus, the
bill also allows nonresidents of the State to be eligible for these
awards if they meet the specified qualifications in order to not violate
federal law. The bill also seeks to ensure compliance with immigration
laws, by requiring immigrant students to demonstrate that they have
taken appropriate steps to legalize their immigration status.
Our society and our economic growth depend on a vibrant, well-educated
workforce but right now, hundreds of thousands of New Yorkers are denied
the opportunity to the education they need to fully participate in our
economy. Without access to higher education, these students are far too
often forced into the shadows of poverty and desperate existence. This
bill addresses the compelling need to maintain educational opportunities
at SUNY and CUNY, community colleges and State-aided four-year colleges
for certain immigrant students in New York State. To accomplish this,
the bill provides that SUNY and CUNY, community colleges and State-aided
four-year programs allow non-resident students to have the payment of
tuition and other fees and charges reduced by State-aided programs,
scholarships or other financial assistance awarded if the student meets
the criteria that would qualify him or her to receive TAP or other
general awards under Education Law § 651.
The bill also allows undocumented students to receive supplemental
financial assistance as part of the higher education opportunity
programs and the collegiate technology entry programs if they meet the
criteria that would qualify them to receive TAP or other general awards
under Education Law § 651.
Finally, the bill recognizes the importance of attracting hard-working
undocumented students to public and private colleges and universities
within the State by enabling such students to benefit from the tax
incentive provided for qualified state tuition programs under the Inter-
nal Revenue Code of 1986. The bill allows undocumented aliens with a
taxpayer identification number to open a family tuition account and/or
to be a designated beneficiary of such account, except in limited
exceptions.
This bill would extend New York State's legacy of providing a high-qual-
ity affordable higher education to hard-working immigrants and would
reinforce our State's commitment to being a beacon of freedom and oppor-
tunity for immigrants.
PRIOR LEGISLATIVE HISTORY:
2013 Passed Assembly A.2597
2014 Lost in Senate A.2597-A
2014 Passed Assembly A.9640
2015 Passed Assembly A.4311
2016 Passed Assembly A.4311-A
2017 Passed Assembly A.3039
2018 Passed Assembly A.9605-A
FISCAL IMPLICATIONS:
This bill would allow certain undocumented students to access the
Tuition Assistance Program (TAP). Currently, the maximum TAP award for
students is $5,165. The costs of this bill would depend on the number of
undocumented students that choose to apply for TAP grants as well as the
level of their TAP award.
EFFECTIVE DATE:
This act shall take effect on:
*January 1, 2020 for the DREAM Fund Commission:
*90 days upon enactment for the New York State College Tuition Savings
(529) Program; and
*90 days upon issuance of regulations and the development of an applica-
tion form by HESC and SED, or 90 days upon enactment, whichever shall be
later.
STATE OF NEW YORK
________________________________________________________________________
S. 1250 A. 782
2019-2020 Regular Sessions
SENATE - ASSEMBLY
January 11, 2019
___________
IN SENATE -- Introduced by Sens. SEPULVEDA, BAILEY, BENJAMIN, BIAGGI,
BRESLIN, BROOKS, CARLUCCI, COMRIE, GIANARIS, GOUNARDES, HOYLMAN, JACK-
SON, KAMINSKY, KAPLAN, KAVANAGH, KRUEGER, LIU, MARTINEZ, MAY, MAYER,
METZGER, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR,
SANDERS, SAVINO, SERRANO, STAVISKY, STEWART-COUSINS, THOMAS -- read
twice and ordered printed, and when printed to be committed to the
Committee on Higher Education
IN ASSEMBLY -- Introduced by M. of A. DE LA ROSA, HEASTIE, GLICK, CRES-
PO, PEOPLES-STOKES, RODRIGUEZ, ORTIZ, AUBRY, GOTTFRIED, RAMOS,
O'DONNELL, LAVINE, QUART, THIELE, BENEDETTO, L. ROSENTHAL, M. G. MILL-
ER, DenDEKKER, ABINANTI, PAULIN, PERRY, JAFFEE, CAHILL, MOSLEY, KIM,
WEPRIN, RIVERA, ROZIC, DINOWITZ, ZEBROWSKI, COLTON, DAVILA, FAHY,
ARROYO, OTIS, BARRON, BICHOTTE, BLAKE, DILAN, JEAN-PIERRE, JOYNER,
PICHARDO, SEAWRIGHT, SIMON, TITUS, WALKER, WEINSTEIN, HYNDMAN, NIOU,
CARROLL, DICKENS, D'URSO, BARNWELL, VANEL, TAYLOR, RICHARDSON,
D. ROSENTHAL, SIMOTAS, FERNANDEZ, EPSTEIN, BRONSON, CRUZ, FALL, FRON-
TUS, GRIFFIN, JACOBSON, LIFTON, McMAHON, REYES, ROMEO -- Multi-Spon-
sored by -- M. of A. BRAUNSTEIN, CYMBROWITZ, ENGLEBRIGHT, GALEF, HEVE-
SI, LENTOL, NOLAN, PRETLOW, SOLAGES, STECK -- read once and referred
to the Committee on Higher Education
AN ACT to amend the education law, in relation to creating the New York
DREAM fund commission; eligibility requirements and conditions govern-
ing general awards, academic performance awards and student loans;
eligibility requirements for assistance under the higher education
opportunity programs and the collegiate science and technology entry
program; financial aid opportunities for students of the state univer-
sity of New York, the city university of New York and community
colleges; and the program requirements for the New York state college
choice tuition savings program; and to repeal subdivision 3 of section
661 of such law relating thereto
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05294-03-9
S. 1250 2 A. 782
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Jose
2 Peralta New York state DREAM act".
3 § 2. The education law is amended by adding a new section 609-a to
4 read as follows:
5 § 609-a. New York DREAM fund commission. 1. (a) There shall be
6 created a New York DREAM fund commission which shall be committed to
7 advancing the educational opportunities of the children of immigrants.
8 (b) The New York DREAM fund commission shall be composed of twelve
9 members to be appointed as follows:
10 (i) Four members shall be appointed by the governor;
11 (ii) Three members shall be appointed by the temporary president of
12 the senate;
13 (iii) Three members shall be appointed by the speaker of the assembly;
14 (iv) One member shall be appointed by the minority leader of the
15 senate;
16 (v) One member shall be appointed by the minority leader of the assem-
17 bly;
18 (c) To the extent practicable, members of such commission shall
19 reflect the racial, ethnic, gender, language, and geographic diversity
20 of the state.
21 (d) To the extent practicable, members of such commission shall
22 include college and university administrators and faculty, and other
23 individuals committed to advancing the educational opportunities of the
24 children of immigrants.
25 (e) Members of the New York DREAM fund commission shall receive no
26 compensation for their services.
27 2. (a) The New York DREAM fund commission shall have the power to:
28 (i) Administer the provisions of this section;
29 (ii) Create and raise funds for the New York DREAM fund;
30 (iii) Establish a not-for-profit entity charged with the responsibil-
31 ity of raising funds for the administration of this section and any
32 educational or training programs such commission is tasked with adminis-
33 trating and funding scholarships to students who are children of immi-
34 grants to the United States;
35 (iv) Publicize the availability of such scholarships from the New York
36 DREAM fund;
37 (v) Develop criteria and a selection process for the recipients of
38 scholarships from the New York DREAM fund;
39 (vi) Research issues pertaining to the availability of assistance with
40 the costs of higher education for the children of immigrants and other
41 issues regarding access for and the performance of the children of immi-
42 grants within higher education;
43 (vii) Establish, publicize, and administer training programs for high
44 school counselors, admissions officers, and financial aid officers of
45 institutions of higher education. The training programs shall instruct
46 participants on the educational opportunities available to college-bound
47 students who are the children of immigrants, including, but not limited
48 to, in-state tuition and scholarship programs. To the extent practica-
49 ble, the New York DREAM fund commission shall offer the training program
50 to school districts and boards of cooperative educational services
51 throughout the state, provided however, that priority shall be given to
52 school districts and boards of cooperative educational services with
53 larger number of students who are the children of immigrants over school
S. 1250 3 A. 782
1 districts and boards of cooperative educational services with lesser
2 number of students who are the children of immigrants;
3 (viii) Establish a public awareness campaign regarding educational
4 opportunities available to college bound students who are the children
5 of immigrants; and
6 (ix) Establish, by rule, procedures for accepting and evaluating
7 applications for scholarships from the children of immigrants and issu-
8 ing scholarships to selected student applicants;
9 (b) To receive a scholarship pursuant to this section, a student
10 applicant must meet the following qualifications:
11 (i) Have resided with his or her parents or guardians while attending
12 a public or private high school in this state;
13 (ii) Have graduated from a public or private high school or received
14 the equivalent of a high school diploma in this state;
15 (iii) Have attended a public or private high school in this state for
16 at least two years as of the date he or she graduated from high school
17 or received the equivalent of a high school diploma;
18 (iv) Have at least one parent or guardian who immigrated to the United
19 States.
20 (c) The New York DREAM fund commission and the New York DREAM fund
21 shall be funded entirely by private contributions and no state funds
22 shall be appropriated to or used by the New York DREAM fund. No funds
23 of the New York DREAM fund or the New York DREAM fund commission shall
24 be transferred to the general fund or any special revenue fund or shall
25 be used for any purpose other than the purposes set forth in this
26 section.
27 3. The New York DREAM fund commission and the New York DREAM fund
28 shall be subject to the provisions of articles six and seven and section
29 seventy-four of the public officers law.
30 § 3. Subdivision 3 of section 661 of the education law is REPEALED.
31 § 4. Paragraph a of subdivision 5 of section 661 of the education law,
32 as amended by chapter 466 of the laws of 1977, is amended to read as
33 follows:
34 a. (i) Except as provided in subdivision two of section six hundred
35 seventy-four of this part and subparagraph (ii) of this paragraph, an
36 applicant for an award at the undergraduate level of study must either
37 [(i)] (a) have been a legal resident of the state for at least one year
38 immediately preceding the beginning of the semester, quarter or term of
39 attendance for which application for assistance is made, or [(ii)] (b)
40 be a legal resident of the state and have been a legal resident during
41 his last two semesters of high school either prior to graduation, or
42 prior to admission to college. Provided further that persons shall be
43 eligible to receive awards under section six hundred sixty-eight or
44 section six hundred sixty-nine of this part who are currently legal
45 residents of the state and are otherwise qualified.
46 (ii) An applicant who is not a legal resident of the state eligible
47 pursuant to subparagraph (i) of this paragraph, but is a United States
48 citizen, a permanent lawful resident, a lawful non-immigrant alien or an
49 applicant without lawful immigration status shall be eligible for an
50 award at the undergraduate level of study provided that the student:
51 (a) attended a registered New York state high school for two or more
52 years, graduated from a registered New York state high school and
53 applied for attendance at the institution of higher education for the
54 undergraduate study for which an award is sought within five years of
55 receiving a New York state high school diploma; or
S. 1250 4 A. 782
1 (b) attended an approved New York state program for a state high
2 school equivalency diploma, received a state high school equivalency
3 diploma and applied for attendance at the institution of higher educa-
4 tion for the undergraduate study for which an award is sought within
5 five years of receiving a state high school equivalency diploma; or
6 (c) is otherwise eligible for the payment of tuition and fees at a
7 rate no greater than that imposed for resident students of the state
8 university of New York, the city university of New York or community
9 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
10 sion two of section three hundred fifty-five or paragraph (a) of subdi-
11 vision seven of section sixty-two hundred six of this chapter.
12 Provided, further, that a student without lawful immigration status
13 shall also be required to file an affidavit with such institution of
14 higher education stating that the student has filed an application to
15 legalize his or her immigration status, or will file such an application
16 as soon as he or she is eligible to do so.
17 § 5. Paragraph b of subdivision 5 of section 661 of the education law,
18 as amended by chapter 466 of the laws of 1977, is amended to read as
19 follows:
20 b. [An] (i) Except as otherwise provided in subparagraph (ii) of this
21 paragraph, an applicant for an award at the graduate level of study must
22 either [(i)] (a) have been a legal resident of the state for at least
23 one year immediately preceding the beginning of the semester, quarter or
24 term of attendance for which application for assistance is made, or
25 [(ii)] (b) be a legal resident of the state and have been a legal resi-
26 dent during his last academic year of undergraduate study and have
27 continued to be a legal resident until matriculation in the graduate
28 program.
29 (ii) An applicant who is not a legal resident of the state eligible
30 pursuant to subparagraph (i) of this paragraph, but is a United States
31 citizen, a permanent lawful resident, a lawful non-immigrant alien or an
32 applicant without lawful immigration status shall be eligible for an
33 award at the graduate level of study provided that the student:
34 (a) attended a registered approved New York state high school for two
35 or more years, graduated from a registered New York state high school
36 and applied for attendance at the institution of higher education for
37 the graduate study for which an award is sought within ten years of
38 receiving a New York state high school diploma; or
39 (b) attended an approved New York state program for a state high
40 school equivalency diploma, received a state high school equivalency
41 diploma and applied for attendance at the institution of higher educa-
42 tion for the graduate study for which an award is sought within ten
43 years of receiving a state high school equivalency diploma; or
44 (c) is otherwise eligible for the payment of tuition and fees at a
45 rate no greater than that imposed for resident students of the state
46 university of New York, the city university of New York or community
47 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
48 sion two of section three hundred fifty-five or paragraph (a) of subdi-
49 vision seven of section sixty-two hundred six of this chapter.
50 Provided, further, that a student without lawful immigration status
51 shall also be required to file an affidavit with such institution of
52 higher education stating that the student has filed an application to
53 legalize his or her immigration status, or will file such an application
54 as soon as he or she is eligible to do so.
S. 1250 5 A. 782
1 § 6. Paragraph d of subdivision 5 of section 661 of the education law,
2 as amended by chapter 844 of the laws of 1975, is amended to read as
3 follows:
4 d. If an applicant for an award allocated on a geographic basis has
5 more than one residence in this state, his or her residence for the
6 purpose of this article shall be his or her place of actual residence
7 during the major part of the year while attending school, as determined
8 by the commissioner; and further provided that an applicant who does not
9 have a residence in this state and is eligible for an award pursuant to
10 subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of
11 this subdivision shall be deemed to reside in the geographic area of the
12 institution of higher education in which he or she attends for purposes
13 of an award allocated on a geographic basis.
14 § 7. Paragraph e of subdivision 5 of section 661 of the education law,
15 as added by chapter 630 of the laws of 2005, is amended to read as
16 follows:
17 e. Notwithstanding any other provision of this article to the contra-
18 ry, the New York state [residency] eligibility [requirement] require-
19 ments for receipt of awards [is] set forth in paragraphs a and b of this
20 subdivision are waived for a member, or the spouse or dependent of a
21 member, of the armed forces of the United States on full-time active
22 duty and stationed in this state.
23 § 8. Paragraph h of subdivision 2 of section 355 of the education law
24 is amended by adding a new subparagraph 10 to read as follows:
25 (10) Such regulations shall further provide that any student who is
26 not a legal resident of New York state but is a United States citizen, a
27 permanent lawful resident, a lawful non-immigrant alien or an applicant
28 without lawful immigration status may have the payment of tuition and
29 other fees and charges reduced by state-aided programs, scholarships or
30 other financial assistance awarded under the provisions of articles
31 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided
32 that the student meets the requirements set forth in subparagraph (ii)
33 of paragraph a or subparagraph (ii) of paragraph b of subdivision five
34 of section six hundred sixty-one of this chapter, as applicable.
35 § 9. Subdivision 7 of section 6206 of the education law is amended by
36 adding a new paragraph (e) to read as follows:
37 (e) The trustees shall further provide that any student who is not a
38 legal resident of New York state but is a United States citizen, a
39 permanent lawful resident, a lawful non-immigrant alien or an applicant
40 without lawful immigration status may have the payment of tuition and
41 other fees and charges reduced by state-aided programs, scholarships or
42 other financial assistance awarded under the provisions of articles
43 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided
44 that the student meets the requirements set forth in subparagraph (ii)
45 of paragraph a or subparagraph (ii) of paragraph b of subdivision five
46 of section six hundred sixty-one of this chapter, as applicable.
47 § 10. Section 6305 of the education law is amended by adding a new
48 subdivision 8-a to read as follows:
49 8-a. The payment of tuition and other fees and charges of a student
50 who is attending a community college and who is not a legal resident of
51 New York state but is a United States citizen, a permanent lawful resi-
52 dent, a lawful non-immigrant alien or an applicant without lawful immi-
53 gration status may be reduced by state-aided programs, scholarships and
54 other financial assistance awarded under the provisions of articles
55 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided
56 that the student meets the requirements set forth in subparagraph (ii)
S. 1250 6 A. 782
1 of paragraph a or subparagraph (ii) of paragraph b of subdivision five
2 of section six hundred sixty-one of this chapter, as applicable.
3 § 11. Paragraph d of subdivision 3 of section 6451 of the education
4 law, as amended by chapter 494 of the laws of 2016, is amended to read
5 as follows:
6 d. Any necessary supplemental financial assistance, which may include
7 the cost of books and necessary maintenance for such enrolled students,
8 including students without lawful immigration status provided that the
9 student meets the requirements set forth in subparagraph (ii) of para-
10 graph a or subparagraph (ii) of paragraph b of subdivision five of
11 section six hundred sixty-one of this chapter, as applicable; provided,
12 however, that such supplemental financial assistance shall be furnished
13 pursuant to criteria promulgated by the commissioner with the approval
14 of the director of the budget;
15 § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
16 of the education law, as added by chapter 917 of the laws of 1970, is
17 amended to read as follows:
18 (v) Any necessary supplemental financial assistance, which may include
19 the cost of books and necessary maintenance for such students, including
20 students without lawful immigration status provided that the student
21 meets the requirements set forth in subparagraph (ii) of paragraph a or
22 subparagraph (ii) of paragraph b of subdivision five of section six
23 hundred sixty-one of this chapter, as applicable; provided, however,
24 that such supplemental financial assistance shall be furnished pursuant
25 to criteria promulgated by such universities and approved by the regents
26 and the director of the budget.
27 § 13. Paragraph (a) of subdivision 2 of section 6455 of the education
28 law, as added by chapter 285 of the laws of 1986, is amended to read as
29 follows:
30 (a) (i) Undergraduate science and technology entry program moneys may
31 be used for tutoring, counseling, remedial and special summer courses,
32 supplemental financial assistance, program administration, and other
33 activities which the commissioner may deem appropriate. To be eligible
34 for undergraduate collegiate science and technology entry program
35 support, a student must be a resident of New York [who is], or meet the
36 requirements of subparagraph (ii) of this paragraph, and must be either
37 economically disadvantaged or from a minority group historically under
38 represented in the scientific, technical, health and health-related
39 professions, and [who demonstrates] must demonstrate interest in and a
40 potential for a professional career if provided special services. Eligi-
41 ble students must be in good academic standing, enrolled full time in an
42 approved, undergraduate level program of study, as defined by the
43 regents.
44 (ii) An applicant who is not a legal resident of New York state, but
45 who is a United States citizen, a permanent lawful resident, a lawful
46 non-immigrant alien or an applicant without lawful immigration status,
47 shall be eligible for an award at the undergraduate level of study
48 provided that the student:
49 (1) attended a registered New York state high school for two or more
50 years, graduated from a registered New York state high school and
51 applied for attendance at the institution of higher education for the
52 undergraduate study for which an award is sought within five years of
53 receiving a New York state high school diploma; or
54 (2) attended an approved New York state program for a state high
55 school equivalency diploma, received a state high school equivalency
56 diploma and applied for attendance at the institution of higher educa-
S. 1250 7 A. 782
1 tion for the undergraduate study for which an award is sought within
2 five years of receiving a state high school equivalency diploma; or
3 (3) is otherwise eligible for the payment of tuition and fees at a
4 rate no greater than that imposed for resident students of the state
5 university of New York, the city university of New York or community
6 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
7 sion two of section three hundred fifty-five or paragraph (a) of subdi-
8 vision seven of section sixty-two hundred six of this chapter.
9 Provided, further, that a student without lawful immigration status
10 shall also be required to file an affidavit with such institution of
11 higher education stating that the student has filed an application to
12 legalize his or her immigration status, or will file such an application
13 as soon as he or she is eligible to do so.
14 § 14. Paragraph (a) of subdivision 3 of section 6455 of the education
15 law, as added by chapter 285 of the laws of 1986, is amended to read as
16 follows:
17 (a) (i) Graduate science and technology entry program moneys may be
18 used for recruitment, academic enrichment, career planning, supplemental
19 financial assistance, review for licensing examinations, program admin-
20 istration, and other activities which the commissioner may deem appro-
21 priate. To be eligible for graduate collegiate science and technology
22 entry program support, a student must be a resident of New York [who
23 is], or meet the requirements of subparagraph (ii) of this paragraph,
24 and must be either economically disadvantaged or from a minority group
25 historically underrepresented in the scientific, technical and health-
26 related professions. Eligible students must be in good academic stand-
27 ing, enrolled full time in an approved graduate level program, as
28 defined by the regents.
29 (ii) An applicant who is not a legal resident of New York state, but
30 either is a United States citizen, a permanent lawful resident, a lawful
31 non-immigrant alien or an applicant without lawful immigration status
32 shall be eligible for an award at the graduate level of study provided
33 that the student:
34 (1) attended a registered approved New York state high school for two
35 or more years, graduated from a registered New York state high school
36 and applied for attendance at the institution of higher education for
37 the graduate study for which an award is sought within ten years of
38 receiving a New York state high school diploma; or
39 (2) attended an approved New York state program for a state high
40 school equivalency diploma, received a state high school equivalency
41 diploma and applied for attendance at the institution of higher educa-
42 tion for the graduate study for which an award is sought within ten
43 years of receiving a state high school equivalency diploma; or
44 (3) is otherwise eligible for the payment of tuition and fees at a
45 rate no greater than that imposed for resident students of the state
46 university of New York, the city university of New York or community
47 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
48 sion two of section three hundred fifty-five or paragraph (a) of subdi-
49 vision seven of section sixty-two hundred six of this chapter.
50 Provided, further, that a student without lawful immigration status
51 shall also be required to file an affidavit with such institution of
52 higher education stating that the student has filed an application to
53 legalize his or her immigration status, or will file such an application
54 as soon as he or she is eligible to do so.
S. 1250 8 A. 782
1 § 15. Subparagraph (i) of paragraph a of subdivision 2 of section
2 695-e of the education law, as amended by chapter 593 of the laws of
3 2003, is amended to read as follows:
4 (i) the name, address and social security number [or], employer iden-
5 tification number, or individual taxpayer identification number of the
6 account owner unless a family tuition account that was in effect prior
7 to the effective date of the chapter of the laws of two thousand nine-
8 teen that amended this subparagraph does not allow for a taxpayer iden-
9 tification number, in which case a taxpayer identification number shall
10 be allowed upon the expiration of the contract;
11 § 16. Subparagraph (iii) of paragraph a of subdivision 2 of section
12 695-e of the education law, as amended by chapter 593 of the laws of
13 2003, is amended to read as follows:
14 (iii) the name, address, and social security number, employer iden-
15 tification number, or individual taxpayer identification number of the
16 designated beneficiary, unless a family tuition account that was in
17 effect prior to the effective date of the chapter of the laws of two
18 thousand nineteen that amended this subparagraph does not allow for a
19 taxpayer identification number, in which case a taxpayer identification
20 number shall be allowed upon the expiration of the contract; and
21 § 17. The president of the higher education services corporation, in
22 consultation with the commissioner of education, shall establish an
23 application form and procedures that shall allow a student applicant
24 that meets the requirements set forth in subparagraph (ii) of paragraph
25 (a) or subparagraph (ii) of paragraph b of subdivision 5 of section 661
26 of the education law to apply directly to the higher education services
27 corporation or education department for applicable awards without having
28 to submit information to any other state or federal agency. All informa-
29 tion contained within the applications filed with such corporation or
30 department shall be deemed confidential.
31 § 18. This act shall take effect immediately; provided, however, that:
32 (a) section two of this act shall take effect January 1, 2020;
33 (b) sections fifteen and sixteen of this act shall take effect on the
34 ninetieth day after it shall have become a law; provided, however, that
35 any rule or regulation necessary for the timely implementation of this
36 act on its effective date shall be promulgated on or before such effec-
37 tive date; and
38 (c) sections three, four, five, six, seven, eight, nine, ten, eleven,
39 twelve, thirteen, fourteen, and seventeen of this act shall take effect
40 on the ninetieth day after the issuance of regulations and the develop-
41 ment of an application form by the president of the higher education
42 services corporation and commissioner of education or on the ninetieth
43 day after it shall have become a law, whichever shall be later;
44 provided, further, however that effective immediately the addition,
45 amendment and/or repeal of any rule or regulation necessary for the
46 implementation of this act on its effective date are authorized and
47 directed to be made and completed on or before such date; provided,
48 further, however, that the president of the higher education services
49 corporation and the commissioner of education shall notify the legisla-
50 tive bill drafting commission upon the occurrence of the issuance of the
51 regulations and the development of an application form in order that the
52 commission may maintain an accurate and timely effective data base of
53 the official text of the laws of the state of New York in furtherance of
54 effectuating the provisions of section 44 of the legislative law and
55 section 70-b of the public officers law.
