S T A T E O F N E W Y O R K
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2718
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
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Introduced by M. of A. MARKEY, ORTIZ, PHEFFER, COLTON, WRIGHT, SCHROEDER
-- Multi-Sponsored by -- M. of A. ABBATE, COOK, ESPAILLAT, FARRELL,
HEASTIE, JACOBS, JOHN, MAISEL, MAYERSOHN, McENENY, WEISENBERG -- read
once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to authorizing the state
university trustees and officials of community colleges to make cours-
es available for certain persons sixty years of age or over
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 1 of paragraph h of subdivision 2 of section
355 of the education law, as separately amended by chapters 552 and 616
of the laws of 1985, is amended to read as follows:
(1) Notwithstanding the provisions of any other general, special or
local law, rule or regulation, such regulations may permit persons sixty
years of age or over to [audit] TAKE courses given therein without
tuition, EITHER FOR CREDIT, OR WITHOUT examination, grading or credit
therefor upon a space available basis, as determined by the president of
each such institution, provided that such [audit] attendance does not
deny course attendance at a state-operated institution by an individual
who is otherwise qualified under the regulations promulgated pursuant to
this section. FOR PURPOSES OF THIS SECTION, PERSONS SIXTY YEARS OF AGE
OR OVER WHO ARE RESIDENTS OF THE STATE SHALL BE ELIGIBLE TO TAKE NOT
MORE THAN NINE CREDIT HOURS OF COURSES FOR CREDIT PER SEMESTER WITHOUT
TUITION.
S 2. Subdivision 5 of section 6303 of the education law, as amended
by chapter 552 of the laws of 1984, is amended to read as follows:
5. Notwithstanding the provisions of any other general, special or
local law, rule or regulation, community colleges may permit persons
sixty years of age or over to [audit courses given therein without
tuition, examination, grading or credit therefor] ENROLL IN COURSES
GIVEN THEREIN FOR EXAMINATION, GRADING AND CREDIT BUT WITHOUT TUITION,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03040-01-9
A. 2718 2
upon a space available basis, subject to the provisions of section
sixty-three hundred four of this [chapter] ARTICLE, as determined by the
president of each such institution, provided that such [audit] attend-
ance does not deny course attendance at a community college by an indi-
vidual who is otherwise qualified under the regulations and the
provisions of section sixty-three hundred four of this [chapter]
ARTICLE. The provisions of this [paragraph] SUBDIVISION shall not
affect any state aid to community colleges granted pursuant to THIS
article [one hundred twenty-six of this chapter].
S 3. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.