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

                                  5557

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A. V. LOPEZ, CLARK, SEMINERIO, SCHROEDER -- read
  once and referred to the Committee on Veterans' Affairs

AN ACT to amend the education law, in relation to  educational  benefits
  for children of certain veterans; state and city university

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

  Section 1. Section 355 of the education law is amended by adding a new
subdivision 20 to read as follows:
  20. A. THE STATE UNIVERSITY TRUSTEES SHALL MAKE AVAILABLE TO THE CHIL-
DREN OF A DECEASED OR PERMANENTLY SEVERELY  DISABLED  RESIDENT  OF  THIS
STATE WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES IN THE VIETNAM
CONFLICT  AT  ANY  TIME FROM THE TWENTY-SECOND DAY OF DECEMBER, NINETEEN
HUNDRED SIXTY-ONE, TO AND INCLUDING THE SEVENTH  DAY  OF  MAY,  NINETEEN
HUNDRED  SEVENTY-FIVE,  AND  WHO  DIED  IN  THE  LINE  OF  DUTY OR HAS A
SERVICE-CONNECTED DISABILITY, A TUITION BENEFIT THAT MAY BE  APPLIED  TO
ANY COLLEGE, COMMUNITY COLLEGE, OR UNIVERSITY OF THE STATE UNIVERSITY OF
NEW YORK.
  B.  PARAGRAPH  A  OF THIS SUBDIVISION SHALL ALSO APPLY TO THE CHILD OR
CHILDREN OF A MEMBER OF THE ARMED FORCES WHO IS CLASSIFIED AS  A  FORMER
PRISONER OF WAR, OR WAS MISSING IN ACTION DURING THE TIME OF THE VIETNAM
CONFLICT,  WHO HAS BEEN SO CLASSIFIED BY THE UNITED STATES DEPARTMENT OF
DEFENSE, WHO IS A RESIDENT OF THE STATE OF NEW YORK IF A FORMER PRISONER
OF WAR OR WAS A RESIDENT OF NEW  YORK  WHEN  CLASSIFIED  AS  MISSING  IN
ACTION.
  C. THE TUITION BENEFIT SHALL BE ON THE TERMS AND CONDITIONS SET BY THE
STATE  UNIVERSITY  TRUSTEES,  PROVIDED  THAT  ANY SUCH BENEFIT SHALL NOT
EXCEED AN AMOUNT EQUAL TO THE ACTUAL ANNUAL TUITION CHARGED TO BE OFFSET
BY ANY FINANCIAL ASSISTANCE AND OTHER RESOURCES AVAILABLE ON  BEHALF  OF
THE RECIPIENT.
  D. SUCH COURSES SHALL BE THE STANDARD COLLEGE CURRICULUM AS PRESCRIBED
BY EACH INSTITUTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08877-01-9
              

A. 5557                             2

  E.  NOTHING  IN THIS SUBDIVISION SHALL BE CONSTRUED TO ESTABLISH LOWER
ADMISSIONS STANDARDS FOR CHILDREN OF SUBJECT VETERANS; HOWEVER,  IN  THE
CASE OF CHILDREN OF A VETERAN AND A NONVETERAN HAVING EQUIVALENT CREDEN-
TIALS,  THE  CHILDREN OF THE VETERAN SHALL BE GIVEN PREFERENCE IN DETER-
MINING ADMISSIONS.
  S  2.  Section  6206  of  the education law is amended by adding a new
subdivision 7-a to read as follows:
  7-A. A. THE BOARD OF TRUSTEES SHALL MAKE AVAILABLE TO THE CHILDREN  OF
A  DECEASED  OR PERMANENTLY SEVERELY DISABLED RESIDENT OF THIS STATE WHO
SERVED IN THE ARMED FORCES OF THE UNITED STATES IN THE VIETNAM  CONFLICT
AT  ANY  TIME  FROM  THE TWENTY-SECOND DAY OF DECEMBER, NINETEEN HUNDRED
SIXTY-ONE, TO AND INCLUDING THE SEVENTH DAY  OF  MAY,  NINETEEN  HUNDRED
SEVENTY-FIVE, AND WHO DIED IN THE LINE OF DUTY OR HAS A SERVICE-CONNECT-
ED  DISABILITY,  A  TUITION  BENEFIT THAT MAY BE APPLIED TO ANY COLLEGE,
COMMUNITY COLLEGE, OR UNIVERSITY OF THE CITY UNIVERSITY OF NEW YORK.
  B. PARAGRAPH A OF THIS SUBDIVISION SHALL ALSO APPLY TO  THE  CHILD  OR
CHILDREN  OF  A MEMBER OF THE ARMED FORCES WHO IS CLASSIFIED AS A FORMER
PRISONER OF WAR, OR WAS MISSING IN ACTION DURING THE TIME OF THE VIETNAM
CONFLICT, WHO HAS BEEN SO CLASSIFIED BY THE UNITED STATES DEPARTMENT  OF
DEFENSE, WHO IS A RESIDENT OF THE STATE OF NEW YORK IF A FORMER PRISONER
OF  WAR  OR  WAS  A  RESIDENT  OF NEW YORK WHEN CLASSIFIED AS MISSING IN
ACTION.
  C. THE TUITION BENEFIT SHALL BE ON THE TERMS AND CONDITIONS SET BY THE
CITY UNIVERSITY BOARD OF TRUSTEES, PROVIDED THAT ANY SUCH BENEFIT  SHALL
NOT EXCEED AN AMOUNT EQUAL TO THE ACTUAL TUITION CHARGED TO BE OFFSET BY
ANY FINANCIAL ASSISTANCE AND OTHER RESOURCES ON BEHALF OF THE RECIPIENT.
  D. SUCH COURSES SHALL BE THE STANDARD COLLEGE CURRICULUM AS PRESCRIBED
BY EACH INSTITUTION.
  E.  NOTHING  IN THIS SUBDIVISION SHALL BE CONSTRUED TO ESTABLISH LOWER
ADMISSIONS STANDARDS FOR CHILDREN OF SUBJECT VETERANS; HOWEVER,  IN  THE
CASE OF CHILDREN OF A VETERAN AND A NONVETERAN HAVING EQUIVALENT CREDEN-
TIALS,  THE  CHILDREN OF THE VETERAN SHALL BE GIVEN PREFERENCE IN DETER-
MINING ADMISSIONS.
  S 3. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.