NY State Senate Bill 2009-S386

Senate Bill S386

2009-2010 Legislative Session

Permits certain persons with disabilities to audit courses given without tuition, examination, grading or credit therefor upon a space available basis

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to higher education
Jan 07, 2009	referred to higher education

2009-S386 (ACTIVE) - Details

See Assembly Version of this Bill:: A1615
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355, 6206 & 6303, Ed L

2009-S386 (ACTIVE) - Summary

Permits certain persons with disabilities to audit courses given without tuition, examination, grading or credit therefor upon a space available basis; defines a "person with a disability".

2009-S386 (ACTIVE) - Sponsor Memo

2009-S386 (ACTIVE) - Bill Text download pdf

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

                                   386

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- 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  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

S. 386                              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.

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