S T A T E O F N E W Y O R K
________________________________________________________________________
10540
I N A S S E M B L Y
June 4, 2012
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Glick) --
read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to tuition and fees of
certain non-resident students of the State University of New York and
community colleges under the program of the State University of New
York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 8 of paragraph h of subdivision 2 of section
355 of the education law, as added by chapter 327 of the laws of 2002,
is amended to read as follows:
(8) Such regulations shall further provide that the payment of tuition
and fees by any student who is not a resident of New York state, other
than a non-immigrant alien within the meaning of paragraph (15) of
subsection (a) of section 1101 of title 8 of the United States Code,
shall be paid at a rate or charge no greater than that imposed for
students who are residents of the state if such student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED CONTINUOUSLY IN
NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
applied for attendance [at] AND ATTENDED an institution or educational
unit of the state university within five years of receiving a New York
state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
DIPLOMA EXAM PREPARATION, and applied for attendance [at] AND ATTENDED
an institution or educational unit of the state university within five
years of receiving a general equivalency diploma issued within New York
state; or
(iii) was enrolled in an institution or educational unit of the state
university in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized by such institution or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15982-02-2
A. 10540 2
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 5 of section 6301 of the education law, as amended by
chapter 327 of the laws of 2002, is amended to read as follows:
5. "Resident." A person who has resided in the state for a period of
at least one year and in the county, city, town, intermediate school
district, school district or community college region, as the case may
be, for a period of at least six months, both immediately preceding the
date of such person's registration in a community college or, for the
purposes of section sixty-three hundred five of this article, his or her
application for a certificate of residence; provided, however, that this
term shall include any student who is not a resident of New York state,
other than a non-immigrant alien within the meaning of paragraph (15) of
subsection (a) of section 1101 of title 8 of the United States Code, if
such student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED CONTINUOUSLY IN
NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
applied for attendance [at an institution or educational unit] AND
ATTENDED A COMMUNITY COLLEGE UNDER THE PROGRAM of the state university
within five years of receiving a New York state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
DIPLOMA EXAM PREPARATION, and applied for attendance [at an institution
or educational unit] AND ATTENDED A COMMUNITY COLLEGE UNDER THE PROGRAM
of the state university within five years of receiving a general equiv-
alency diploma issued within New York state; or
(iii) was enrolled in [an institution or educational unit] IN A COMMU-
NITY COLLEGE UNDER THE PROGRAM of the state university in the fall
semester or quarter of the two thousand one--two thousand two academic
year and was authorized by such [institution or educational unit] COMMU-
NITY COLLEGE to pay tuition at the rate or charge imposed for students
who are residents of the state.
Provided, further, that a student without lawful immigration status
shall also be required to file an affidavit with such [institution or
educational unit] COMMUNITY COLLEGE 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 eligible to do so.
In the event that a person qualified as above for state residence, but
has been a resident of two or more counties in the state during the six
months immediately preceding his application for a certificate of resi-
dence pursuant to section sixty-three hundred five of this chapter, the
charges to the counties of residence shall be allocated among the
several counties proportional to the number of months, or major fraction
thereof, of residence in each county.
S 3. Paragraph (a-1) of subdivision 7 of section 6206 of the education
law, as amended by chapter 260 of the laws of 2011, is amended to read
as follows:
A. 10540 3
(a-1) The trustees shall further provide that the payment of tuition
and fees by any student who is not a resident of New York state, other
than a non-immigrant alien within the meaning of paragraph (15) of
subsection (a) of section 1101 of title 8 of the United States Code,
shall be paid at a rate or charge no greater than that imposed for
students who are residents of the state if such student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED CONTINUOUSLY IN
NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
applied for attendance [at] AND ATTENDED an institution or educational
unit of the city university within five years of receiving a New York
state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
DIPLOMA EXAM PREPARATION, and applied for attendance at an institution
or educational unit of the city university within five years of receiv-
ing a general equivalency diploma issued within New York state; or
(iii) was enrolled in an institution or educational unit of the city
university in the fall semester or quarter of the two thousand one--two
thousand two 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. Except as otherwise authorized in paragraph (a) of this
subdivision, the trustees shall not adopt changes in tuition charges
prior to the enactment of the annual budget. The board of trustees may
accept as partial reimbursement for the education of veterans of the
armed forces of the United States who are otherwise qualified such sums
as may be authorized by federal legislation to be paid for such educa-
tion. The board of trustees may conduct on a fee basis extension courses
and courses for adult education appropriate to the field of higher
education. In all courses and courses of study it may, in its
discretion, require students to pay library, laboratory, locker, break-
age and other instructional and non-instructional fees and meet the cost
of books and consumable supplies. In addition to the foregoing fees and
charges, the board of trustees may impose and collect fees and charges
for student government and other student activities and receive and
expend them as agent or trustee.
S 4. Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by chapter 327 of the laws of 2002 and the opening para-
graph as amended by section 2 of part O of chapter 58 of the laws of
2006, is amended to read as follows:
(a) The board of trustees shall establish positions, departments,
divisions and faculties; appoint and in accordance with the provisions
of law fix salaries of instructional and non-instructional employees
therein; establish and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition shall be charged
and to regulate tuition charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units of
the city university. The trustees shall review any proposed community
A. 10540 4
college tuition increase and the justification for such increase. The
justification provided by the community college for such increase shall
include a detailed analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon need or income. All students
enrolled in programs leading to like degrees at the senior colleges
shall be charged a uniform rate of tuition, except for differential
tuition rates based on state residency. The trustees shall further
provide that the payment of tuition and fees by any student who is not a
resident of New York state, other than a non-immigrant alien within the
meaning of paragraph (15) of subsection (a) of section 1101 of title 8
of the United States Code, shall be paid at a rate or charge no greater
than that imposed for students who are residents of the state if such
student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school, LIVED CONTINUOUSLY IN
NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
applied for attendance [at] AND ATTENDED an institution or educational
unit of the city university within five years of receiving a New York
state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
DIPLOMA EXAM PREPARATION, and applied for attendance [at] AND ATTENDED
an institution or educational unit of the city university within five
years of receiving a general equivalency diploma issued within New York
state; or
(iii) was enrolled in an institution or educational unit of the city
university in the fall semester or quarter of the two thousand one--two
thousand two 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. The trustees shall not adopt changes in tuition charges
prior to the enactment of the annual budget. The board of trustees may
accept as partial reimbursement for the education of veterans of the
armed forces of the United States who are otherwise qualified such sums
as may be authorized by federal legislation to be paid for such educa-
tion. The board of trustees may conduct on a fee basis extension courses
and courses for adult education appropriate to the field of higher
education. In all courses and courses of study it may, in its
discretion, require students to pay library, laboratory, locker, break-
age and other instructional and non-instructional fees and meet the cost
of books and consumable supplies. In addition to the foregoing fees and
charges, the board of trustees may impose and collect fees and charges
for student government and other student activities and receive and
expend them as agent or trustee.
S 5. The amendments to section 355 of the education law made by
section one of this act shall not apply to students who have matriculat-
ed in a state-operated institution or educational unit of the State
University prior to the effective date of this act.
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S 6. The amendments to subdivision 5 of section 6301 of the education
law made by section two of this act shall not apply to students who have
matriculated in a community college under the program of the State
University of New York prior to the effective date of this act.
S 7. The amendments made to subdivision 7 of section 6206 of the
education law made by section three of this act shall not apply to
students who have matriculated in an educational unit of the City
University of New York prior to the effective date of this act.
S 8. This act shall take effect immediately; provided, however the
amendments made to paragraph (a-1) of subdivision 7 of section 6206 of
the education law made by section three of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 16 of
chapter 260 of the laws of 2011, when upon such date the provisions of
section four of this act shall take effect.