S T A T E O F N E W Y O R K
________________________________________________________________________
1615
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. ZEBROWSKI, NOLAN -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to tuition-free courses
for persons with disabilities
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 AND PERSONS WITH DISABILITIES to audit courses
given therein without tuition, 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 THE PURPOSES OF THIS SUBPARAGRAPH, A "PERSON WITH A
DISABILITY" SHALL MEAN A PERSON HAVING A PHYSICAL IMPAIRMENT THAT
SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY.
S 2. Paragraph (b) of subdivision 7 of section 6206 of the education
law, as added by chapter 344 of the laws of 1995, is amended to read as
follows:
(b) Notwithstanding the provisions of any other general, special or
local law, rule or regulation, the board of trustees may permit persons
sixty years of age or over AND PERSONS WITH DISABILITIES to audit cours-
es given therein without tuition, examination, grading or credit there-
for 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 the city university of New York by an individual
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02466-01-9
A. 1615 2
who is otherwise qualified under this section. FOR THE PURPOSES OF THIS
PARAGRAPH, A "PERSON WITH A DISABILITY" SHALL MEAN A PERSON HAVING A
PHYSICAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY.
S 3. 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 AND PERSONS WITH DISABILITIES to audit cours-
es given therein without tuition, examination, grading or credit there-
for 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 attendance
does not deny course attendance at a community college by an individual
who is otherwise qualified under the regulations and the provisions of
section sixty-three hundred four of this [chapter] ARTICLE. FOR THE
PURPOSES OF THIS SUBDIVISION A "PERSON WITH A DISABILITY" SHALL MEAN A
PERSON HAVING A PHYSICAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS A MAJOR
LIFE ACTIVITY. 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 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.