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: A9605A
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 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 "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) (aXii) or
(bXii).
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.4311A
2017 Passed Assembly A.3039
 
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, 2018 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.