senate Bill S1567

Grants eligibility for student financial aid to persons granted deferred action for childhood arrival status and to certain non-residents of the state

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION

Summary

Grants eligibility for student financial aid to persons granted deferred action for childhood arrival status and to certain non-residents of the state.

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Bill Details

Versions:
S1567
Legislative Cycle:
2013-2014
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd §§661, 355, 6206, 6305, 6451, 6452 & 6455, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
S7842

Sponsor Memo

BILL NUMBER:S1567 REVISED 1/14/13

TITLE OF BILL:
An act
to amend the education law, in relation to the eligibility for student
financial aid of individuals granted deferred action for childhood
arrival status and of certain non-residents of the state

PURPOSE OR GENERAL IDEA OF BILL: To open up
educational opportunities
and give young immigrants access to a wide array of New York's
educational opportunity programs, including: Tuition Assistance
Program (TAP); Higher Education opportunity Program HEOP; Educational
opportunity Program (SOP); Collegiate Science and Technology Entry
Program (C-STEP); and opportunity programs available at community
colleges.

SPECIFIC PROVISIONS:
§ 1. Subdivision 3 of section 661 of the education law, as amended by
chapter 133 of the laws of 1982, is amended.

§ 2. Paragraphs a and b of subdivision 5 of section 661 of the
education law, as amended by chapter 466 of the laws of 1977, are
amended.

§ 3. Paragraph d of subdivision 5 of section 661 of the education law,
as amended by chapter 844 of the laws of 1975, is amended.

§ 4. Paragraph e of subdivision 5 of section 661 of the education law,
as added by chapter 630 of the laws of 2005, is amended.

§ 5. Paragraph h of subdivision 2 of section 355 of the education law
is amended by adding a new subparagraph 10.

§ 6. Subdivision 7 of section 6206 of the education law, is amended by
adding a new paragraph d.

§ 7. Section 6305 of the education law is amended by adding a new
subdivision 8-a.

§ 8. Paragraph d of subdivision 3 of section 6451 of the education, as
amended by chapter 149 of the laws of 1972, is amended.

§ 9. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of the education laws , as added by chapter 917 of the laws of 1970,
is amended.

§ 10. Paragraph (a) of subdivision 2 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended.

§ 11. Paragraph (a) of subdivision 3 of section 6455 of the education
law,
as added by chapter 285 of the laws of 1986, is amended.

JUSTIFICATION: As a state with one of the largest
immigrant
populations, NY should be at the forefront of progressive immigration
policies, pushing back on the tide of national and local
anti-immigrant policies. The NY Dream Act will respect the dignity
and contributions of
undocumented youth in the state by giving them access to state
financial aid programs.

This bill is about access to education, but it is also about providing
a pathway to economic prosperity for both the individual receiving
the education and for the state. Increasing the education level of
workers also increases their productivity, and the more highly
educated the state's labor force, the more attractive the state is as
a place to locate businesses.

There are currently an estimated 475,000 undocumented immigrants in
the New York State labor force. Having large numbers of undocumented
workers should not be considered a permanent situation: federal
reform is urgently needed to fix immigration policy. But gridlock at
the federal level should not prevent New York State from investing in
its own economy.

The National Skills Coalition reports that New York is facing a
shortage of workers who have the required skill level for most job
openings. New York would benefit greatly from undocumented students
receiving access to a college education. in fact, NSC also estimates
that 39% of all future job openings will require at least an
associate's degree.

Furthermore, it is universally accepted that those who pay taxes
should benefit from those taxes, whether those benefits be public
safety or access to higher education.

According to the Institute for Taxation and Economic Policy,
undocumented immigrants paid over $662 million in taxes to New York
State in 2010, making it the state with the fourth highest revenue in
taxes from undocumented immigrants. They paid approximately; $104.4
million in personal income taxes, $95 million in property taxes, and
over $463 million in sales taxes. It is unjust, unfair and
un-American to collect well over a half a billion dollars in tax
revenue from undocumented immigrants only to deny them financial
support that is granted to other New Yorkers.

Despite an unprecedented year of action and escalation taken by
undocumented youth, the United States Congress failed to pass the
DREAM Act in 2010. This has left undocumented youth in NY without any

form or relief. It is now up to the State of NY to provide dignity
and recognition for these promising and deserving young people.

PRIOR LEGISLATIVE HISTORY: 2012: Referred to Rules.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the
ninetieth day after
the issuance of regulations on the deferred action for childhood
arrivals program by the United States Citizenship and Immigration
Services, or on the ninetieth day after it shall have become a law,
whichever shall be latex, provided however, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date is authorized and directed to be made and completed on
or before such effective date; provided that the commissioner of
education shall notify the legislative bill drafting commission upon
the occurrence of the issuance of the regulations on the deferred
action for childhood arrivals program by the United States
Citizenship and Immigration Services in order that the commission may
maintain an accurate and timely effective data base of the official
text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law.

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

                                  1567

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to  the  eligibility  for
  student  financial  aid  of  individuals  granted  deferred action for
  childhood arrival status and of certain non-residents of the state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision  3  of section 661 of the education law, as
amended by chapter 133 of the laws  of  1982,  is  amended  to  read  as
follows:
  3.  Citizenship.  An  applicant  (a)  must  be a citizen of the United
States, or (b) must be an alien lawfully admitted  for  permanent  resi-
dence  in  the United States, or (c) must be an individual of a class of
refugees paroled by the attorney general of the United States under  his
OR  HER  parole  authority  pertaining to the admission of aliens to the
United States, OR (D) MUST BE AN INDIVIDUAL GRANTED DEFERRED ACTION  FOR
CHILDHOOD  ARRIVAL STATUS PURSUANT TO RULES AND REGULATIONS SET FORTH BY
THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES.
  S 2. Paragraphs a and b of subdivision 5 of section 661 of the  educa-
tion  law, as amended by chapter 466 of the laws of 1977, are amended to
read as follows:
  a. (I) Except as provided in subdivision two of  section  six  hundred
seventy-four  OF  THIS  PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
applicant for an award at the undergraduate level of study  must  either
[(i)]  (A) have been a legal resident of the state for at least one year
immediately preceding the beginning of the semester, quarter or term  of
attendance  for  which application for assistance is made, or [(ii)] (B)
be a legal resident of the state and have been a legal  resident  during
his OR HER last two semesters of high school either prior to graduation,
or prior to admission to college. Provided further that persons shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04113-01-3

S. 1567                             2

eligible  to  receive  awards  under  section six hundred sixty-eight or
section six hundred sixty-nine OF THIS  PART  who  are  currently  legal
residents of the state and are otherwise qualified.
  (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT
TO  RULES AND REGULATIONS SET FORTH BY THE UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE
LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
UNDERGRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
TION  FOR  THE  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (C) IS OTHERWISE 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, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  b.  [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, AN applicant for an award at the graduate level of study must
either [(i)] (A) have been a legal resident of the state  for  at  least
one year immediately preceding the beginning of the semester, quarter or
term  of  attendance  for  which  application for assistance is made, or
[(ii)] (B) be a legal resident of the state and have been a legal  resi-
dent  during  his  OR  HER last academic year of undergraduate study and
have continued to be a legal resident until matriculation in the  gradu-
ate program.
  (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT
TO  RULES AND REGULATIONS SET FORTH BY THE UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE
LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR  TWO
OR  MORE  YEARS,  GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCATION  FOR
THE  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
TION  FOR  THE  GRADUATE  STUDY  FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (C) IS OTHERWISE 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, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-

S. 1567                             3

SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  S 3. Paragraph d of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  844 of the laws of 1975, is amended to read as
follows:
  d. If an applicant for an award allocated on a  geographic  basis  has
more  than  one  residence  in  this state, his OR HER residence for the
purpose of this article shall be his OR HER place  of  actual  residence
during  the major part of the year while attending school, as determined
by the commissioner; AND FURTHER, PROVIDED, THAT AN APPLICANT  WHO  DOES
NOT HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT
TO  SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B
OF THIS SUBDIVISION 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.
  S 4. Paragraph e of subdivision 5 of section 661 of the education law,
as added by chapter 630 of the laws of  2005,  is  amended  to  read  as
follows:
  e.  Notwithstanding any other provision of this article to the contra-
ry, the New York state [residency]  eligibility  [requirement]  REQUIRE-
MENTS for receipt of awards [is] SET FORTH 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  full-time  active
duty and stationed in this state.
  S  5. Paragraph h of subdivision 2 of section 355 of the education law
is amended by adding a new subparagraph 10 to read as follows:
  (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN INDIVIDUAL
GRANTED  DEFERRED  ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT TO RULES
AND REGULATIONS SET FORTH BY THE UNITED  STATES  CITIZENSHIP  AND  IMMI-
GRATION  SERVICES  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,  THIR-
TEEN-A, FOURTEEN AND FOURTEEN-A OF THIS TITLE, PROVIDED THAT THE STUDENT
MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE  OF  SECTION  SIX
HUNDRED SIXTY-ONE OF THIS TITLE, AS APPLICABLE.
  S  6. 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  NOT  A
LEGAL  RESIDENT  OF  NEW  YORK  STATE  BUT IS A UNITED STATES CITIZEN, A
PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN INDIVIDUAL
GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT  TO  RULES
AND  REGULATIONS  SET  FORTH  BY THE UNITED STATES CITIZENSHIP AND IMMI-
GRATION SERVICES 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, THIR-
TEEN-A, FOURTEEN AND FOURTEEN-A  OF  THIS  CHAPTER,  PROVIDED  THAT  THE
STUDENT  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  S  7.  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 NOT A LEGAL RESIDENT OF

S. 1567                             4

NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESI-
DENT,  A  LAWFUL  NON-IMMIGRANT  ALIEN OR AN INDIVIDUAL GRANTED DEFERRED
ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT TO  RULES  AND  REGULATIONS
SET  FORTH BY THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES MAY
BE REDUCED BY STATE-AIDED PROGRAMS,  SCHOLARSHIPS  AND  OTHER  FINANCIAL
ASSISTANCE  AWARDED  UNDER  THE  PROVISIONS  OF ARTICLES THIRTEEN, THIR-
TEEN-A, FOURTEEN AND FOURTEEN-A  OF  THIS  CHAPTER,  PROVIDED  THAT  THE
STUDENT  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  S  8.  Paragraph  d  of subdivision 3 of section 6451 of the education
law, as amended by chapter 149 of the laws of 1972, is amended  to  read
as follows:
  d.  Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such enrolled  students,
INCLUDING  STUDENTS GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS
PURSUANT TO RULES AND REGULATIONS SET FORTH BY THE UNITED  STATES  CITI-
ZENSHIP  AND  IMMIGRATION  SERVICES  PROVIDED THAT THE STUDENT MEETS THE
REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR  SUBPARA-
GRAPH  (II)  OF  PARAGRAPH  B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED
SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however,  that  such
supplemental  financial assistance shall be furnished pursuant to crite-
ria promulgated by the commissioner with the approval of the director of
the budget.
  S 9. Subparagraph (v) of paragraph a of subdivision 4 of section  6452
of  the  education  law, as added by chapter 917 of the laws of 1970, is
amended to read as follows:
  (v) Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such students, INCLUDING
STUDENTS GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL  STATUS  PURSUANT
TO  RULES AND REGULATIONS SET FORTH BY THE UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES PROVIDED THAT THE STUDENT  MEETS  THE  REQUIREMENTS
SET  FORTH  IN  SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF
PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS
CHAPTER, AS APPLICABLE; provided, however, that such supplemental finan-
cial assistance shall be furnished pursuant to criteria  promulgated  by
such  universities  and  approved by the regents and the director of the
budget.
  S 10. Paragraph (a) of subdivision 2 of section 6455 of the  education
law,  as added by chapter 285 of the laws of 1986, is amended to read as
follows:
  (a) (I) Undergraduate science and technology entry program moneys  may
be  used  for tutoring, counseling, remedial and special summer courses,
supplemental financial assistance,  program  administration,  and  other
activities  which  the commissioner may deem appropriate. To be eligible
for  undergraduate  collegiate  science  and  technology  entry  program
support,  a student must be a resident of New York [who is], OR MEET THE
REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE  either
economically  disadvantaged or from a minority group historically under-
represented in the  scientific,  technical,  health  and  health-related
professions,  and  [who demonstrates] MUST DEMONSTRATE interest in and a
potential for a professional career if provided special services. Eligi-
ble students must be in good academic standing, enrolled full time in an
approved, undergraduate level  program  of  study,  as  defined  by  the
regents.

S. 1567                             5

  (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESIDENT,  A  LAWFUL
NON-IMMIGRANT  ALIEN OR AN INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILD-
HOOD ARRIVAL STATUS PURSUANT TO RULES AND REGULATIONS SET FORTH  BY  THE
UNITED  STATES  CITIZENSHIP  AND IMMIGRATION SERVICES, SHALL BE ELIGIBLE
FOR AN AWARD AT THE UNDERGRADUATE  LEVEL  OF  STUDY  PROVIDED  THAT  THE
STUDENT:
  (1)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A  REGISTERED  NEW  YORK  STATE  HIGH  SCHOOL  AND
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN  FIVE  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
FIVE  YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY DIPLOMA,
ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR  MORE  YEARS,
GRADUATED  FROM  AN  APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN  FIVE  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (3)  IS  OTHERWISE  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,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  S 11. Paragraph (a) of subdivision 3 of section 6455 of the  education
law,  as added by chapter 285 of the laws of 1986, is amended to read as
follows:
  (a) (I) Graduate science and technology entry program  moneys  may  be
used for recruitment, academic enrichment, career planning, supplemental
financial  assistance, review for licensing examinations, program admin-
istration, and other activities which the commissioner may  deem  appro-
priate.  To  be  eligible for graduate collegiate science and technology
entry program support, a student must be a resident  of  New  York  [who
is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
AND MUST BE either economically disadvantaged or from a  minority  group
historically  underrepresented  in the scientific, technical and health-
related professions. Eligible students must be in good  academic  stand-
ing,  enrolled  full  time  in  an  approved  graduate level program, as
defined by the regents.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT  ALIEN OR AN INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILD-
HOOD ARRIVAL STATUS PURSUANT TO RULES AND REGULATIONS SET FORTH  BY  THE
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES SHALL BE ELIGIBLE FOR
AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (1)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-

S. 1567                             6

TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (3)  IS  OTHERWISE  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,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  S 12. The commissioner of education, in consultation with  the  presi-
dent  of  the  higher education services corporation, shall establish an
application form and procedure that  shall  allow  a  student  applicant
under  paragraph  (d)  of  subdivision 3 of section 661 of the education
law, as added by section one of this act, to apply directly to the high-
er education services corporation or education department for applicable
awards without having to submit information to any other state or feder-
al agency. All information contained within the applications filed  with
such corporation or department shall be deemed confidential.
  S  13. This act shall take effect on the ninetieth day after the issu-
ance of regulations  on  the  deferred  action  for  childhood  arrivals
program by the United States Citizenship and Immigration Services, or on
the  ninetieth  day after it shall have become a law, whichever shall be
later, provided  however,  that  effective  immediately,  the  addition,
amendment  and/or  repeal  of  any  rule or regulation necessary for the
implementation of this act on  its  effective  date  is  authorized  and
directed  to  be  made  and  completed on or before such effective date;
provided that the commissioner of education shall notify the legislative
bill drafting commission upon the occurrence  of  the  issuance  of  the
regulations on the deferred action for childhood arrivals program by the
United  States  Citizenship  and  Immigration Services in order that the
commission may maintain an accurate and timely effective  data  base  of
the official text of the laws of the state of New York in furtherance of
effectuating  the  provisions  of  section 44 of the legislative law and
section 70-b of the public officers law.

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