STATE OF NEW YORK
________________________________________________________________________
9612--A
R. R. 1002
IN ASSEMBLY
January 16, 2002
___________
Introduced by M. of A. ESPAILLAT, P. RIVERA, E. C. SULLIVAN, PERRY --
Multi-Sponsored by -- M. of A. GOTTFRIED, LUSTER, STRINGER -- (at
request of the Governor) -- read once and referred to the Committee on
Higher Education -- reported and referred to the Committee on Rules --
amended on the special order of third reading, ordered reprinted as
amended, retaining its place on the special order of third reading
AN ACT to amend the education law, in relation to payment of tuition and
fees charged to nonresident students of the state university of New
York, the city university of New York and community colleges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph h of subdivision 2 of section 355 of the educa-
2 tion law is amended by adding a new subparagraph 8 to read as follows:
3 (8) Such regulations shall further provide that the payment of tuition
4 and fees by any student who is not a resident of New York state, other
5 than a non-immigrant alien within the meaning of paragraph (15) of
6 subsection (a) of section 1101 of title 8 of the United States Code,
7 shall be paid at a rate or charge no greater than that imposed for
8 students who are residents of the state if such student:
9 (i) attended an approved New York high school for two or more years,
10 graduated from an approved New York high school and applied for attend-
11 ance at an institution or educational unit of the state university with-
12 in five years of receiving a New York state high school diploma; or
13 (ii) attended an approved New York state program for general equiv-
14 alency diploma exam preparation, received a general equivalency diploma
15 issued within New York state and applied for attendance at an institu-
16 tion or educational unit of the state university within five years of
17 receiving a general equivalency diploma issued within New York state; or
18 (iii) was enrolled in an institution or educational unit of the state
19 university in the fall semester or quarter of the two thousand one--two
20 thousand two academic year and was authorized by such institution or
21 educational unit to pay tuition at the rate or charge imposed for
22 students who are residents of the state.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14206-03-2
A. 9612--A 2
1 A student without lawful immigration status shall also be required to
2 file an affidavit with such institution or educational unit stating that
3 the student has filed an application to legalize his or her immigration
4 status, or will file such an application as soon as he or she is eligi-
5 ble to do so.
6 § 2. Paragraph (a) of subdivision 7 of section 6206 of the education
7 law, as amended by chapter 344 of the laws of 1995, is amended to read
8 as follows:
9 (a) The board of trustees shall establish positions, departments,
10 divisions and faculties; appoint and in accordance with the provisions
11 of law fix salaries of instructional and non-instructional employees
12 therein; establish and conduct courses and curricula; prescribe condi-
13 tions of student admission, attendance and discharge; and shall have the
14 power to determine in its discretion whether tuition shall be charged
15 and to regulate tuition charges, and other instructional and non-in-
16 structional fees and other fees and charges at the educational units of
17 the city university. The trustees shall not impose a differential
18 tuition charge based upon need or income. All students enrolled in
19 programs leading to like degrees at the senior colleges shall be charged
20 a uniform rate of tuition, except for differential tuition rates based
21 on state residency. The trustees shall further provide that the payment
22 of tuition and fees by any student who is not a resident of New York
23 state, other than a non-immigrant alien within the meaning of paragraph
24 (15) of subsection (a) of section 1101 of title 8 of the United States
25 Code, shall be paid at a rate or charge no greater than that imposed for
26 students who are residents of the state if such student:
27 (i) attended an approved New York high school for two or more years,
28 graduated from an approved New York high school and applied for attend-
29 ance at an institution or educational unit of the city university within
30 five years of receiving a New York state high school diploma; or
31 (ii) attended an approved New York state program for general equiv-
32 alency diploma exam preparation, received a general equivalency diploma
33 issued within New York state and applied for attendance at an institu-
34 tion or educational unit of the city university within five years of
35 receiving a general equivalency diploma issued within New York state; or
36 (iii) was enrolled in an institution or educational unit of the city
37 university in the fall semester or quarter of the two thousand one--two
38 thousand two academic year and was authorized by such institution or
39 educational unit to pay tuition at the rate or charge imposed for
40 students who are residents of the state.
41 A student without lawful immigration status shall also be required to
42 file an affidavit with such institution or educational unit stating that
43 the student has filed an application to legalize his or her immigration
44 status, or will file such an application as soon as he or she is eligi-
45 ble to do so. The trustees shall not adopt changes in tuition charges
46 prior to the enactment of the annual budget. The board of trustees may
47 accept as partial reimbursement for the education of veterans of the
48 armed forces of the United States who are otherwise qualified such sums
49 as may be authorized by federal legislation to be paid for such educa-
50 tion. The board of trustees may conduct on a fee basis extension courses
51 and courses for adult education appropriate to the field of higher
52 education. In all courses and courses of study it may, in its
53 discretion, require students to pay library, laboratory, locker, break-
54 age and other instructional and non-instructional fees and meet the cost
55 of books and consumable supplies. In addition to the foregoing fees and
56 charges, the board of trustees may impose and collect fees and charges
A. 9612--A 3
1 for student government and other student activities and receive and
2 expend them as agent or trustee.
3 § 3. Subdivision 5 of section 6301 of the education law, as amended by
4 chapter 552 of the laws of 1984, is amended to read as follows:
5 5. "Resident." A person who has resided in the state for a period of
6 at least one year and in the county, city, town, intermediate school
7 district, school district or community college region, as the case may
8 be, for a period of at least six months, both immediately preceding the
9 date of such person's registration in a community college or, for the
10 purposes of section sixty-three hundred five of this [chapter] article,
11 his or her application for a certificate of residence; provided, howev-
12 er, that this term shall include any student who is not a resident of
13 New York state, other than a non-immigrant alien within the meaning of
14 paragraph (15) of subsection (a) of section 1101 of title 8 of the
15 United States Code, if such student:
16 (i) attended an approved New York high school for two or more years,
17 graduated from an approved New York high school and applied for attend-
18 ance at an institution or educational unit of the state university with-
19 in five years of receiving a New York state high school diploma; or
20 (ii) attended an approved New York state program for general equiv-
21 alency diploma exam preparation, received a general equivalency diploma
22 issued within New York state and applied for attendance at an institu-
23 tion or educational unit of the state university within five years of
24 receiving a general equivalency diploma issued within New York state; or
25 (iii) was enrolled in an institution or educational unit of the state
26 university in the fall semester or quarter of the two thousand one--two
27 thousand two academic year and was authorized by such institution or
28 educational unit to pay tuition at the rate or charge imposed for
29 students who are residents of the state.
30 Provided, further, that a student without lawful immigration status
31 shall also be required to file an affidavit with such institution or
32 educational unit stating that the student has filed an application to
33 legalize his or her immigration status, or will file such an application
34 as soon as he or she is eligible to do so.
35 In the event that a person qualified as above for state residence, but
36 has been a resident of two or more counties in the state during the six
37 months immediately preceding his application for a certificate of resi-
38 dence pursuant to section sixty-three hundred five of this chapter, the
39 charges to the counties of residence shall be allocated among the
40 several counties proportional to the number of months, or major fraction
41 thereof, of residence in each county.
42 § 4. This act shall take effect July 1, 2002; provided that the amend-
43 ments to paragraph (a) of subdivision 7 of section 6206 of the education
44 law made by section two of this act shall be deemed to have been in full
45 force and effect on and after December 31, 2001.
