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A00782 Summary:

BILL NOA00782
 
SAME ASSAME AS UNI. S01250
 
SPONSORDe La Rosa (MS)
 
COSPNSRHeastie, Glick, Crespo, Peoples-Stokes, Rodriguez, Ortiz, Aubry, Gottfried, Ramos, O'Donnell, Lavine, Quart, Thiele, Benedetto, Rosenthal L, Miller MG, 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, Rosenthal D, Simotas, Fernandez, Epstein, Bronson, Cruz, Fall, Frontus, Griffin, Jacobson, Lifton, McMahon, Reyes, Romeo, Solages, Lupardo, Cook
 
MLTSPNSRBraunstein, Cymbrowitz, Englebright, Galef, Hevesi, Lentol, Nolan, Pretlow, Steck
 
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.
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A00782 Actions:

BILL NOA00782
 
01/11/2019referred to higher education
01/14/2019reported referred to ways and means
01/14/2019reported
01/17/2019advanced to third reading cal.9
01/23/2019substituted by s1250
 S01250 AMEND= SEPULVEDA
 01/11/2019REFERRED TO HIGHER EDUCATION
 01/22/2019REPORTED AND COMMITTED TO RULES
 01/22/2019ORDERED TO THIRD READING CAL.36
 01/23/2019PASSED SENATE
 01/23/2019DELIVERED TO ASSEMBLY
 01/23/2019referred to ways and means
 01/23/2019substituted for a782
 01/23/2019ordered to third reading cal.9
 01/23/2019passed assembly
 01/23/2019returned to senate
 04/10/2019DELIVERED TO GOVERNOR
 04/12/2019SIGNED CHAP.26
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A00782 Memo:

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.
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A00782 Text:



 
                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.
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