S T A T E O F N E W Y O R K
________________________________________________________________________
5234--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
___________
Introduced by M. of A. ESPAILLAT, BOYLAND, PERRY, BARRON -- Multi-Spon-
sored by -- M. of A. CAHILL, CANESTRARI, COLTON, FARRELL, GOTTFRIED,
V. LOPEZ, N. RIVERA, ROSENTHAL -- read once and referred to the
Committee on Higher Education -- recommitted to the Committee on High-
er Education in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08399-03-0
A. 5234--A 2
(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:
(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
A. 5234--A 3
(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.