NY State Senate Bill 2011-S1140

Senate Bill S1140

2011-2012 Legislative Session

Provides in-state tuition rates at New York universities and colleges to qualified immigrant students

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 04, 2012	referred to higher education
Jan 05, 2011	referred to higher education

2011-S1140 (ACTIVE) - Details

See Assembly Version of this Bill:: A4023
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6305-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1392, A3955
2013-2014: S2835
2015-2016: S1928
2017-2018: S3629
2019-2020: S4786
2021-2022: S5047
2023-2024: S6129

2011-S1140 (ACTIVE) - Summary

Provides in-state tuition rates at New York universities and colleges to qualified immigrant students if such students attended high school in the state for 2 years or more; graduated from high school in the state or attained a state general equivalency diploma and registered as an entering student at, or is currently enrolled in a public institution of higher education within the state.

2011-S1140 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1140

TITLE OF BILL:
An act
to amend the education law, in relation to establishing the "Access to
Postsecondary Education Act" to provide in-state tuition rates at New
York state universities and colleges to qualified immigrant students

PURPOSE OR GENERAL IDEA OF BILL:
To establish procedures allowing
qualified immigrant students to pay in-state tuition rates when
attending public institutions of higher education in New York state.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Establishes the title as the "Access to Postsecondary
Education Act."

Section 2. Contains Legislative findings.

Section 3. Establishes student qualifications including a requirement
that qualifying students must have attended a New York state high
school for two years. Outlines procedures for claiming benefits.
Requires governing boards to promulgate necessary rules and
regulations. Establishes confidentiality of student records.

JUSTIFICATION:

Many immigrant high school students have lived in the
state of New York most of their lives and are likely to remain
residents. These students may nevertheless be precluded from
obtaining an affordable college education because they do not qualify
for in-state tuition rates. Because tuition costs for non-residents
far exceed the cost for residents, many of these students are not
able to attend college and cannot contribute as much to society as
their intelligence and skills will allow.

These students have already proven their academic eligibility and
merit - by being accepted by institutions of higher education. Making
it possible for these students to attend college will increase the
state's college-educated workforce and stimulate economic growth. The
purpose of this legislation is to provide long-time residents of New
York greater access to higher education, improving the overall
economic conditions of the state.

PRIOR LEGISLATIVE HISTORY:
2009-10:  S.1392/A.3955 - Referred to Higher Education/Referred to
Higher Education
2007-08:  S.1933/A.8109 - Referred to Higher Education
2005-06:  S.2966 - Referred to Higher Education

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of July
following enactment, with provisions.

2011-S1140 (ACTIVE) - Bill Text download pdf

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

                                  1140

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sen.  PARKER -- 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  establishing  the
  "Access  to  Postsecondary  Education Act" to provide in-state tuition
  rates at New York state universities and colleges to  qualified  immi-
  grant students

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Access to Postsecondary Education Act."
  S  2.  Legislative  findings and purpose. The legislature hereby finds
and declares that many immigrant high school students have lived in  the
state  of  New  York most of their lives, and are likely to remain resi-
dents.   These students are nevertheless  precluded  from  obtaining  an
affordable  college  education  because they do not qualify for in-state
tuition rates. Without in-state tuition, many of these students are  not
able to attend college. These students have already proven their academ-
ic  eligibility  and  merit by being accepted into the state college and
university system. Making it  possible  for  these  students  to  attend
college  will increase the state's college-educated workforce and stimu-
late economic growth. This act does not confer  postsecondary  education
benefits on the basis of residence within the meaning of section 1623 of
title 8 of the United States Code.
  The  legislature  hereby  finds  that  the  purpose  of this act is to
provide educational opportunity to children who are long-time  residents
of  the  state of New York, thusly improving the overall economic condi-
tion of the state.
  S 3. The education law is amended by adding a new  section  6305-a  to
read as follows:
  S  6305-A.  QUALIFICATIONS  FOR  IN-STATE  TUITION RATES FOR IMMIGRANT
STUDENTS. 1. NOTWITHSTANDING ANY  LAW  TO  THE  CONTRARY,  AN  IMMIGRANT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01723-01-1

S. 1140                             2

STUDENT, OTHER THAN A NONIMMIGRANT ALIEN WITHIN THE MEANING OF PARAGRAPH
15  OF  SUBSECTION  (A)  OF SECTION 1101 OF TITLE 8 OF THE UNITED STATES
CODE, SHALL QUALIFY FOR IN-STATE TUITION RATES AT NEW YORK STATE UNIVER-
SITIES  AND COLLEGES IF SUCH STUDENT MEETS ALL OF THE FOLLOWING REQUIRE-
MENTS:
  (A) ATTENDED HIGH SCHOOL IN THE STATE OF NEW  YORK  FOR  TWO  OR  MORE
YEARS;
  (B)  GRADUATED  FROM  A  NEW  YORK  STATE  HIGH  SCHOOL OR ATTENDED AN
APPROVED NEW YORK STATE PROGRAM FOR  GENERAL  EQUIVALENCY  DIPLOMA  EXAM
PREPARATION,  AND  RECEIVED  A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN
NEW YORK STATE;
  (C) REGISTERED AS AN ENTERING STUDENT AT, OR CURRENT ENROLLMENT IN,  A
PUBLIC INSTITUTION OF HIGHER EDUCATION IN THE STATE OF NEW YORK; AND
  (D)  IN  THE  CASE  OF  A PERSON WITHOUT LEGAL IMMIGRATION STATUS, THE
FILING OF AN AFFIDAVIT WITH THE INSTITUTION OF HIGHER EDUCATION  STATING
THAT  THE  STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMI-
GRATION STATUS, OR WILL FILE AN APPLICATION AS SOON  AS  HE  OR  SHE  IS
ELIGIBLE TO DO SO.
  2.  THE  STATE  UNIVERSITY  TRUSTEES AND THE BOARD OF GOVERNORS OF THE
COMMUNITY COLLEGE SYSTEM SHALL PRESCRIBE RULES AND REGULATIONS  FOR  THE
IMPLEMENTATION OF THIS SECTION.
  3.  ANY  STUDENT  INFORMATION  OBTAINED  IN THE IMPLEMENTATION OF THIS
SECTION SHALL REMAIN CONFIDENTIAL.
  4. A COURT OF COMPETENT JURISDICTION MAY AWARD INJUNCTIVE AND DECLARA-
TORY RELIEF TO A PARTY IN ANY LAWSUIT BASED UPON THIS SECTION  OR  BASED
UPON RULES AND REGULATIONS PRESCRIBED TO IMPLEMENT THIS SECTION.
  S  4.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law;  provided,  however,  that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  is  authorized  and  directed to be made and completed on or
before such effective date.

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