NY State Senate Bill 2009-S8237

Senate Bill S8237

2009-2010 Legislative Session

Provides state-aided scholarship opportunities for SUNY, CUNY or community college students who are without lawful immigration status or who are undocumented

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2010	referred to rules

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2009-S8237 (ACTIVE) - Details

See Assembly Version of this Bill:: A5234
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §§355, 6206 & 6305, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3007
2013-2014: S1747
2015-2016: S3702
2017-2018: S1350

2009-S8237 (ACTIVE) - Summary

Authorizes the trustees of the state university of New York, the city university of New York and community colleges to provide state-aided programs, scholarships or other financial assistance to students who are without lawful immigration status or who are undocumented persons if such student attended an approved NY high school for two or more years, attended an approved NY state program for general equivalency diploma exam preparation, or was enrolled in an institution or educational unit of the state university during the 2010-2011 academic year.

2009-S8237 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8237

TITLE OF BILL:
An act
to amend the education law, in relation to scholarship opportunities for
certain students of the state university of New York, the city
university of New York and community colleges

PURPOSE OR GENERAL IDEA OF BILL:
Provides state-aided scholarship
opportunities for SUNY, CUNY or community college students who are
without lawful immigration status or who are undocumented.

SUMMARY OF SPECIFIC PROVISION:
Section 1. Paragraph h of subdivision 2
of section 355 of the education law is amended by adding a new
subparagraph 9 to read as follows:

(9) Such regulations shall further provide that any student who is
without lawful immigration status or is an undocumented person may
have the payment of tuition and other fees and charges reduced by
state-aided programs, scholarships or other financial assistance
awarded under the provisions of article thirteen, thirteen-A, fourteen
and fourteen-A of this chapter, if such student:

(i) is otherwise eligible to receive such award; and

(ii) attended an approved New York high school for two or more years,
graduated from an approved New York high school and applied for
attendance at an institution or educational unit of the state
university within five years of receiving a New York State high
school diploma; or

(iii) attended an approved New York State program for general
equivalency diploma exam preparation, received a general equivalency
diploma issued within New York state and applied for attendance at an
institution or educational unit of the state university within five
years of receiving a general equivalency diploma issued within New
York state; or

(iv) was enrolled in an institution or educational unit of the state
university in the fall semester or quarter of the two thousand ten-two
thousand eleven academic year and was authorized by such institution
or educational unit to pay tuition at the rate or charge imposed for
students who are residents of the state.

A student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit stating
that the student 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.

2. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (d) to read as follows:

(d) The trustees shall further provide that any student who is without
lawful immigration status or is an undocumented person may have the
payment of tuition and other fees and charges reduced by state-aided
programs, if such student:

(i) is otherwise eligible to receive such award; and

(ii) attended an approved New York high school for two or more years,
graduated from an approved New York high school and applied for
attendance at an institution or educational unit of the state
university within five years of receiving a New York state high
school diploma; or

(iii) attended an approved New York state program for general
equivalency diploma exam preparation, received a general equivalency
diploma issued within New York state; or

(iv) was enrolled in an institution or educational unit of the state
university in the fall semester or quarter of the two thousand
ten-two thousand eleven academic year and was authorized by such
institution or educational unit to pay tuition at the rate or charge
imposed for students who are residents of the state.

A student without lawful immigration status shall also be required to
tile an affidavit with such institutions or educational unit stating
that the student 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.

3. Section 6305 of the education law is amended by adding a new
subdivision 8-a to read as follows:

8-a The payment of tuition and other fees and charges of a student who
is attending a community college and who is without lawful
immigration status or is an undocumented person may be reduced by
state·,aided programs, scholarships and other financial assistance
awarded under the provisions of article thirteen, thirteen-A,
fourteen and fourteen-A of this chapter, if such student:

(i) is otherwise eligible to receive such award; and

(ii) attended an approved New York high school for two or more years,
graduated from an approved New York high school and applied for
attendance at an institution or educational unit of the state
university within five years of receiving a New York state high
school diploma; or

(iii) attended an approved New York State program for general
equivalency diploma exam preparation, received a general

equivalency diploma issued within New York and applied for attendance
at an institution or educational unit of the state university within
five years of receiving a general equivalency diploma issued within
New York state; or

(iv) was enrolled in an institution or educational unit of the state
university in the fall semester or quarter of the two thousand
ten-two thousand eleven academic year and was authorized by such
institution or educational unit to pay tuition at the rate or charge
imposed for students who are residents of the state.

A student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit stating
that the student 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.

JUSTIFICATION:
New York State is currently home to more than one and
one-half million undocumented persons. These individuals contribute
to the cultural diversity of our State and help to stimulate our
economy. As a state of immigrants, New York State has a special
obligation to assist those who, like our ancestors, have come to our
country to seek a better way of life. Undocumented persons are
especially vulnerable to exploitation and suffering from substandard
education, housing, and health care.

PRIOR LEGISLATIVE HISTORY:
2005/06: A.6408
2007/08: A.4653 Referred to Higher Education

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect July 1, 2011.

2009-S8237 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8237

                            I N  S E N A T E

                              June 17, 2010
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to  scholarship  opportu-
  nities  for  certain 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:

  Section  1.  Paragraph h of subdivision 2 of section 355 of the educa-
tion law is amended by adding a new subparagraph 10 to read as follows:
  (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
WITHOUT  LAWFUL IMMIGRATION STATUS OR IS AN UNDOCUMENTED PERSON MAY HAVE
THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES REDUCED BY STATE-AIDED
PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE
PROVISIONS  OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF
THIS CHAPTER, IF SUCH STUDENT:
  (I) IS OTHERWISE ELIGIBLE TO RECEIVE SUCH AWARD; AND
  (II) ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE  YEARS,
GRADUATED  FROM AN APPROVED NEW YORK HIGH SCHOOL AND APPLIED FOR ATTEND-
ANCE AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITH-
IN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (III) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR  GENERAL  EQUIV-
ALENCY  DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY DIPLOMA
ISSUED WITHIN NEW YORK STATE AND APPLIED FOR ATTENDANCE AT  AN  INSTITU-
TION  OR  EDUCATIONAL  UNIT OF THE STATE UNIVERSITY WITHIN FIVE YEARS OF
RECEIVING A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE; OR
  (IV) WAS ENROLLED IN AN INSTITUTION OR EDUCATIONAL UNIT OF  THE  STATE
UNIVERSITY  IN THE FALL SEMESTER OR QUARTER OF THE TWO THOUSAND TEN--TWO
THOUSAND ELEVEN ACADEMIC YEAR AND WAS AUTHORIZED BY SUCH INSTITUTION  OR
EDUCATIONAL  UNIT  TO  PAY  TUITION  AT  THE  RATE OR CHARGE IMPOSED FOR
STUDENTS WHO ARE RESIDENTS OF THE STATE.
  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED  TO
FILE AN AFFIDAVIT WITH SUCH INSTITUTION OR EDUCATIONAL UNIT STATING THAT
THE  STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION
STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS  ELIGI-
BLE TO DO SO.
  S  2. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (d) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08399-04-0

S. 8237                             2

  (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS WITHOUT
LAWFUL IMMIGRATION STATUS OR IS AN  UNDOCUMENTED  PERSON  MAY  HAVE  THE
PAYMENT  OF  TUITION  AND  OTHER FEES AND CHARGES REDUCED BY STATE-AIDED
PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE
PROVISIONS  OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF
THIS CHAPTER, IF SUCH STUDENT:
  (I) IS OTHERWISE ELIGIBLE TO RECEIVE SUCH AWARD; AND
  (II) ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE  YEARS,
GRADUATED  FROM AN APPROVED NEW YORK HIGH SCHOOL AND APPLIED FOR ATTEND-
ANCE AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITH-
IN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (III) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR  GENERAL  EQUIV-
ALENCY  DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY DIPLOMA
ISSUED WITHIN NEW YORK STATE AND APPLIED FOR ATTENDANCE AT  AN  INSTITU-
TION  OR  EDUCATIONAL  UNIT OF THE STATE UNIVERSITY WITHIN FIVE YEARS OF
RECEIVING A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE; OR
  (IV) WAS ENROLLED IN AN INSTITUTION OR EDUCATIONAL UNIT OF  THE  STATE
UNIVERSITY  IN THE FALL SEMESTER OR QUARTER OF THE TWO THOUSAND TEN--TWO
THOUSAND ELEVEN ACADEMIC YEAR AND WAS AUTHORIZED BY SUCH INSTITUTION  OR
EDUCATIONAL  UNIT  TO  PAY  TUITION  AT  THE  RATE OR CHARGE IMPOSED FOR
STUDENTS WHO ARE RESIDENTS OF THE STATE.
  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED  TO
FILE AN AFFIDAVIT WITH SUCH INSTITUTION OR EDUCATIONAL UNIT STATING THAT
THE  STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION
STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS  ELIGI-
BLE TO DO SO.
  S  3.  Section  6305  of  the education law is amended by adding a new
subdivision 8-a to read as follows:
  8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES  OF  A  STUDENT
WHO  IS  ATTENDING  A  COMMUNITY COLLEGE AND WHO IS WITHOUT LAWFUL IMMI-
GRATION STATUS OR IS AN UNDOCUMENTED PERSON MAY BE REDUCED BY STATE-AID-
ED PROGRAMS, SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE  AWARDED  UNDER
THE PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A
OF THIS CHAPTER, IF SUCH STUDENT:
  (I) IS OTHERWISE ELIGIBLE TO RECEIVE SUCH AWARD; AND
  (II)  ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS,
GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL AND APPLIED FOR  ATTEND-
ANCE AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITH-
IN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (III)  ATTENDED  AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIV-
ALENCY DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY  DIPLOMA
ISSUED  WITHIN  NEW YORK STATE AND APPLIED FOR ATTENDANCE AT AN INSTITU-
TION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITHIN  FIVE  YEARS  OF
RECEIVING A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE; OR
  (IV)  WAS  ENROLLED IN AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE
UNIVERSITY IN THE FALL SEMESTER OR QUARTER OF THE TWO THOUSAND  TEN--TWO
THOUSAND  ELEVEN ACADEMIC YEAR AND WAS AUTHORIZED BY SUCH INSTITUTION OR
EDUCATIONAL UNIT TO PAY TUITION  AT  THE  RATE  OR  CHARGE  IMPOSED  FOR
STUDENTS WHO ARE RESIDENTS OF THE STATE.
  A  STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO
FILE AN AFFIDAVIT WITH SUCH INSTITUTION OR EDUCATIONAL UNIT STATING THAT
THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER  IMMIGRATION
STATUS,  OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGI-
BLE TO DO SO.
  S 4. This act shall take effect July 1, 2011.

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Senate Bill S8237

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Sponsored By

Pedro Espada Jr.