Senate Bill S3388

2011-2012 Legislative Session

Provides that institutions of higher education shall compile reports regarding foreign students enrolled in such institutions

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to higher education
Feb 17, 2011	referred to higher education

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2011-S3388 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §207-b, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2523
2013-2014: S1565
2015-2016: S218
2017-2018: S2061

2011-S3388 (ACTIVE) - Summary

Provides that institutions of higher education shall compile reports regarding foreign students enrolled in such institutions; delineates the statistical information that each approved school must maintain for all foreign students attending with a student visa; requires the state department of education to provide a compilation to the legislature of the information submitted.

2011-S3388 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3388

TITLE OF BILL:
An act
to amend the education law, in relation to reporting requirements of
foreign students in the United States

PURPOSE:
This bill will require degree granting institutions in New York State
who accept foreign students to report to the State Police whenever a
foreign student has failed to maintain his or her legitimate status
as a foreign student at that institution. Currently foreign students
that are no longer attending school, or have failed to appear or
failed to register for classes are in violation of their student
visa. Current law requires that the institution report this
information to the U.S.
Department of Homeland Security. Although this becomes known to the
United States Department of Homeland Security, the college is not
required to make a proactive report to New York State enforcement
authorities.

The bill also requires a compilation of statistical data regarding the
number of foreign students at each college in New York State and the
programs they are enrolled in. Amendments to the bill make clear that
the police may only contact the federal authorities should they
encounter reported individuals. In addition, it makes clear that only

statistical data should be collected, not names, addresses or other
information linked in any way to an individual.

SUMMARY OF PROVISIONS:
The State Education Law is amended to add a new section 207-b. This
section would require that the designated school officials who
oversee the foreign student program at every institution authorized
by the New York State Legislature or the Regents of the State of New
York, that has been approved by the United States Government to
accept foreign students, report to the state police whenever a
foreign student fails to report to the school at an expected time or
fails to register or attend classes as expected.
Section 2 of the bill lists the statistical information that each
approved school must maintain for all foreign students attending with
a student visa. Section 3 requires that such statistical information
be maintained in electronic form and be submitted to the State
Education Department (SED). Section 4 requires that SED produce a
report that compiles the statistical
information submitted. Section 5 requires the Department to monitor
compliance with all the laws, rules and regulations governing foreign
students and authorizes them to recommend to the Department of
Homeland Security that any school not in compliance be denied
eligibility to receive foreign students. They are also authorized to
fine non-compliant schools up to $1,000, $2,000 in the case of a
second violation, for each occurrence. Amendments to the bill clarify
that should the state police encounter someone that has been reported
that they only contact the proper federal authorities. It also makes
clear that any data collected not include names, addresses or any
other personal information.


JUSTIFICATION:
New York State's colleges and universities have a long and proud
tradition of international cooperation and collaboration. We accept
thousands of students from countries around the world, providing them
with a superior education in every conceivable subject. However, the
events of September 11th have made it clear that there are some who,
willingly, may attempt to abuse our system of openness and inclusion
for their own destructive purposes. This legislation requires only
that our institutions of higher education act prudently while
administering their international student programs.

Foreign students who apply and are accepted here in the United States
are issued a limited student visa. One essential premise of the visa
is that the student remain actively enrolled in a program of study.
When and if the student does not maintain their prescribed status,
they are immediately in violation of their visa and are required to
return to their native country.

This legislation requires that when a foreign student is reported to
the Department of Homeland Security for non-compliance under federal
law, that the campus notify the State Police as well.
Further, the legislation requires that all campuses provide
statistical data regarding the number of foreign students in their
school and the programs they are enrolled in.

LEGISLATIVE HISTORY:
2009-10, S.2523; 2007-2008, S.2602; 2005-2006, S.838-A; 2003-2004,
S.345-A; 2001-2002, S.6043-B.

FISCAL IMPLICATIONS:
None - All of the information required to be collected is already
being collected as required by federal law. The cost of filing the
information in electronic form is minimal. The cost of reporting
those very few students who have failed to comply with student visa
rules and regulations is minimal.

EFFECTIVE DATE:
This act shall take effect on the first of August next succeeding the
date on which it shall have become a law.

2011-S3388 (ACTIVE) - Bill Text download pdf

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

                                  3388

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 17, 2011
                               ___________

Introduced  by Sens. LAVALLE, DeFRANCISCO, JOHNSON, LARKIN, RANZENHOFER,
  ZELDIN -- 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 reporting requirements
  of foreign students in the United States

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

  Section 1. The education law is amended by adding a new section  207-b
to read as follows:
  S 207-B. REPORTING OF FOREIGN STUDENTS IN THE UNITED STATES.  1. WHEN-
EVER  A  DESIGNATED  SCHOOL  OFFICIAL  BECOMES AWARE THAT A NONIMMIGRANT
STUDENT WITH A (F-1) OR (M-1) VISA HAS FAILED TO REGISTER FOR CLASSES AS
SCHEDULED OR WHO HAS FAILED TO REPORT TO THE DESIGNATED SCHOOL  OFFICIAL
AT  THE  TIME  HE  OR  SHE IS EXPECTED TO COMMENCE HIS OR HER PROGRAM OF
STUDY, SUCH OFFICIAL  SHALL  SIMULTANEOUSLY  REPORT  SUCH  NONCOMPLIANCE
PURSUANT  TO  THE  REQUIREMENTS OF FEDERAL LAW AND TO THE NEW YORK STATE
POLICE. UPON ENCOUNTERING A PERSON WHO HAS BEEN REPORTED TO IT  PURSUANT
TO  THIS SECTION, THE NEW YORK STATE POLICE SHALL IMMEDIATELY NOTIFY THE
PROPER FEDERAL AUTHORITIES REGARDING SUCH PERSON'S WHEREABOUTS. THE  NEW
YORK  STATE  POLICE  SHALL  NOT  HOLD SUCH PERSON UNLESS IT BELIEVES THE
PERSON POSES A THREAT TO THE SAFETY OF THE CITIZENS OF THE STATE.    FOR
THE  PURPOSES  OF  THIS SECTION, "DESIGNATED SCHOOL OFFICIAL" SHALL MEAN
THOSE ADMINISTRATORS ON AN INSTITUTION'S CAMPUS AS DEFINED UNDER TITLE 8
OF THE CODE OF FEDERAL REGULATIONS (8 CFR):  SUBCHAPTER  B,  IMMIGRATION
REGULATIONS 8 CFR PART 214--NONIMMIGRANT CLASSES, PETITIONS FOR APPROVAL
OF SCHOOLS.
  2.   EVERY INSTITUTION AUTHORIZED BY THE LEGISLATURE OR BY THE REGENTS
OF THE STATE OF NEW YORK TO CONFER ACADEMIC DEGREES IN  THIS  STATE  AND
THAT  HAS  BEEN APPROVED BY THE UNITED STATES TO ACCEPT FOREIGN STUDENTS
UNDER TITLE 8 OF THE FEDERAL REGULATIONS (8CFR 214) SHALL  MAINTAIN  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06728-01-1

S. 3388                             2

UPDATE, ON HARD COPY AND IN ELECTRONIC FORM, FOR EACH ACADEMIC TERM, FOR
ENROLLED NONIMMIGRANT STUDENTS, THE FOLLOWING INFORMATION:
  A.  THE  NUMBER  OF GRADUATE AND UNDERGRADUATE STUDENTS, BY COUNTRY OF
ORIGIN; AND
  B. THE NUMBER OF STUDENTS ENROLLED BY DEGREE PROGRAM  AND  COUNTRY  OF
ORIGIN.
  3.  ANY  DATA  COLLECTED  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION
SHALL BE MAINTAINED IN AN ELECTRONIC FORM, IN A  FORMAT  ESTABLISHED  BY
THE DEPARTMENT, AND SHALL BE SUBMITTED ANNUALLY TO THE DEPARTMENT WITHIN
NINETY  DAYS  OF  THE END OF EACH ACADEMIC YEAR.  SUCH INFORMATION SHALL
ONLY BE USED BY THE DEPARTMENT FOR THE PURPOSES SET FORTH IN SUBDIVISION
FOUR OF THIS SECTION.   SUCH DATA SHALL  NOT  INCLUDE  ANY  INDIVIDUAL'S
NAME,  ADDRESS  OR  OTHER  INFORMATION THAT MAY IDENTIFY ANY INDIVIDUAL.
SUCH DATA SHALL ONLY BE QUANTITATIVE IN FORM AND FUNCTION.
  4. THE DEPARTMENT SHALL PRODUCE A REPORT, THAT SHALL BE AVAILABLE UPON
REQUEST, THAT PROVIDES DATA REGARDING THE INFORMATION COLLECTED PURSUANT
TO SUBDIVISION TWO OF THIS SECTION.
  5. IF THE COMMISSIONER DETERMINES,  AFTER  PROVIDING  THE  INSTITUTION
WITH  NOTICE  AND THE OPPORTUNITY FOR A HEARING, THAT AN INSTITUTION HAS
VIOLATED THE PROVISIONS OF  THIS  SECTION,  THE  COMMISSIONER  SHALL  BE
AUTHORIZED TO ISSUE AN ORDER DIRECTING THAT THE INSTITUTION TAKE CORREC-
TIVE  ACTION  AND/OR  IMPOSING A FINE NOT TO EXCEED ONE THOUSAND DOLLARS
PER VIOLATION, OR, IN THE CASE OF A SECOND OR FURTHER  VIOLATION  WITHIN
THE  PREVIOUS  TWO  YEARS  OR  ANY  FAILURE  TO COMPLY WITH AN ORDER FOR
CORRECTIVE ACTION, A  FINE  NOT  TO  EXCEED  TWO  THOUSAND  DOLLARS  PER
VIOLATION. SUCH HEARING SHALL BE CONDUCTED IN THE SAME MANNER AS A HEAR-
ING  PURSUANT  TO  SUBDIVISIONS  TWO  AND THREE OF SECTION FIVE THOUSAND
THREE OF THIS CHAPTER. IN ASSESSING THE PENALTY, THE COMMISSIONER  SHALL
GIVE DUE CONSIDERATION TO THE SIZE OF THE INSTITUTION, THE GOOD FAITH OF
THE  INSTITUTION,  THE  GRAVITY  OF  THE VIOLATIONS, THE HISTORY OF PAST
VIOLATIONS, IF ANY, AND THE EXTENT TO WHICH THE  INSTITUTION  HAS  TAKEN
REMEDIAL MEASURES TO PREVENT FUTURE VIOLATIONS. IN ADDITION, THE COMMIS-
SIONER  SHALL  REPORT A FINDING OF A SECOND INSTANCE OF NONCOMPLIANCE TO
THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY AND MAY  RECOMMEND  TO
SUCH DEPARTMENT THAT IT REVOKE SUCH INSTITUTION'S ELIGIBILITY TO RECEIVE
FOREIGN STUDENTS FOR A PERIOD OF ONE YEAR.
  S 2. This act shall take effect on the first of August next succeeding
the date on which it shall have become a law.

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Senate Bill S3388

Sponsored By

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

Actions

co-Sponsors

2011-S3388 (ACTIVE) - Details

2011-S3388 (ACTIVE) - Summary

2011-S3388 (ACTIVE) - Sponsor Memo

2011-S3388 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kenneth P. LaValle

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

Actions

co-Sponsors

John A. DeFrancisco

Joseph A. Griffo

Owen H. Johnson

William Larkin

2011-S3388 (ACTIVE) - Details

2011-S3388 (ACTIVE) - Summary

2011-S3388 (ACTIVE) - Sponsor Memo

2011-S3388 (ACTIVE) - Bill Text download pdf

Comments