senate Bill S1257A

2013-2014 Legislative Session

Establishes the New York dream act, providing certain benefits to undocumented immigrants that satisfy certain criteria

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to higher education
Jan 17, 2013 print number 1257a
amend and recommit to higher education
Jan 09, 2013 referred to higher education

Bill Amendments

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A (Active)
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S1257 - Bill Details

See Assembly Version of this Bill:
A22
Current Committee:
Senate Higher Education
Law Section:
Executive Law
Laws Affected:
Rpld §661 sub 3, sub 4 ¶b-1 sub¶ (i), sub 5 ¶¶a & b, amd §§661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A22
2011-2012: A6829A, A6829C, A6829D, S4179D

S1257 - Bill Texts

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Establishes the New York state dream act; provides certain higher education eligibility benefits to undocumented immigrants that satisfy certain criteria.

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BILL NUMBER:S1257

TITLE OF BILL:
An act
to amend the education law, in relation to the New York State dream act;
and to repeal certain provisions of such law relating thereto

PURPOSE:
To provide access to state, city, town and/or village-funded
financial aid programs, including, but not limited to grants, loans
and scholarships.

SUMMARY OF PROVISIONS:
Section 1 entitles the bill the "New York State Dream Act".

Section 2 of the bill amends Education Law §661(3) to eliminate the
requirement that an applicant for an award be a U.S. citizen, LPR, or
a refugee.

Section 2 creates and defines the term "Qualified Students" which
establishes the eligibility requirements for applicants for loans and
awards at the undergraduate and graduate level of study. The term
Qualified Students includes people who are already eligible for
awards under the current law, which are people with lawful status.
Qualified Students also expands the eligibility requirements to
people without lawful immigration status as long as they fulfill the
other requirements outlined by the statute. The section uses the term
"lawfully present in the United States" because it is used in 8
U.S.C. § 1623 and has an existing definition in Federal law.

Section 2 also includes a "transition provision" which permits a
subset of individuals who would not otherwise be eligible for awards
and loans based on their date of graduation from high school or the
date that they obtained a New York state G.E.D., to take advantage of
state awards and loans. The purpose of the "transition provision" is
to permit undocumented students, who were relying on the Federal
Dream Act for educational opportunities, to benefit from the New York
Dream Act.

Section 3 of the bill repeals Education Law §661(4)(b-1)(i), which
establishes a citizenship requirement for the tuition assistance
program.

Section 4 of the bill repeals Education Law §661(5)(a), which
establishes residency requirements for awards and loans for
undergraduates under the current law. We repealed this section
because we already established all eligibility requirements for
awards and loans for
undergraduates under Education Law §661(3) by amending Education Law
§661(3) in Section 2 of the Dream Act.

Section 5 of the bill repeals Education Law §661(5)(b), which
establishes residency requirements for awards and loans for graduates
under the current law. We repealed this section because we already
established all eligibility requirements for awards and loans for


graduates under Education Law §661(3) by amending Education Law
§661(3) in Section 2 of the Dream Act.

Section 6 of the bill amends Education law §661(5)(d) to clarify that
if an applicant for tuition assistance does not have a New York State
residence, the applicant shall be deemed to reside in the geographic
area of the institution of higher education in which he or she
attends for purposes of an award allocated on a geographic basis.

Section 7 of the bill amends Education Law §661(5)(e) to state that
any member, or the spouse or dependent of a member, of the armed
forces of the United States on full-time active duty and stationed in
this state is eligible for awards and loans, regardless of whether or
not they are a "Qualified Student."

Section 8 of the bill would add a new Education Law §355(2)(h)(10) to
provide that qualified students at SUNY may have the payment of
tuition and other fees and charges reduced by loans and awards.

Section 9 of the bill adds a new Education Law §6206(7)(d) to provide
that Qualified Students at CUNY may have the payment of tuition and
other fees and charges reduced by loans and awards.

Section 10 of the bill adds a new Education Law §6305(8-a) to
provide that qualified students at community colleges may have
the payment of
tuition and other fees and charges reduced by loans and awards.

Sections 11 and 12 of the bill amend Education
Law § 6451(3)(d) and 6452(4)(a)(v) to allow undocumented students
who participate in the
higher education programs to receive
supplemental financial assistance provided that the student meets
the requirements in Education Law § 661(3)(a)(ii) or (b)(ii).

Section 13 of the bill amends Education Law §6455(2)(a) to allow an
an undergraduate applicant for the college science and technology
entry program who is not a resident of the state to be eligible for
an award at the undergraduate level of study provided that he or she
is a "Qualified Student" as amended by Section 2 of this bill.

Section 14 of the bill amends Education Law §6455(3)(a) to provide
that Qualified Students at the graduate level of study may have
the payment of tuition and other fees and charges reduced by loans
and awards.

Sections 15 and 16 of the bill amends Education Law § 695-e(2)(a)(i)
and (a)(iii) to allow individuals with a taxpayer identification
number (ITIN) to open a family tuition account and/or be a designated
beneficiary under the New York State College Tuition Savings Program,
unless the account was in effect prior to the effective date of this
chapter does not allow for an ITIN, in which case an ITIN shall be
allowed upon expiration of the contract.

Section 17 is the effective date.

JUSTIFICATION:


As a state with one of the largest immigrant populations, NY should be
at the forefront of progressive immigration policies, pushing back on
the tide of national and local anti-immigrant policies. The NY Dream
Act will respect the dignity and contributions of undocumented youth
in the state by giving them access to state financial aid programs.

This bill is about access to education, but it is also about providing
a pathway to economic prosperity for both the individual receiving
the education and for the state. Increasing the education level of
workers also increases their productivity, and the more highly
educated the state's labor force, the more attractive the state is as
a place to locate businesses.

There are currently an estimated 475,000 undocumented immigrants in
the New York State labor force. Having large numbers of undocumented
workers should not be considered a permanent situation: federal
reform is urgently needed to fix immigration policy. But gridlock at
the federal level should not prevent New York State from investing in
its own economy.

The National Skills Coalition reports that New York is facing a
shortage of workers who have the required skill level for most job
openings. New York would benefit greatly from undocumented students
receiving access to a college education. In fact, NSC also estimates
that 39% of all future job openings will require at least an
associate's degree.

Furthermore, it is universally accepted that those who pay taxes
should benefit from those taxes, whether those benefits be public
safety or access to higher education.

According to the Institute for Taxation and Economic Policy,
undocumented immigrants paid over $662 million in taxes to New York
State in 2010, making it the state with the fourth highest revenue in
taxes from undocumented immigrants. They paid approximately; $104.4
million in personal income taxes, $95 million in property taxes, and
over $463 million in sales taxes. It is unjust, unfair and unAmerican
to collect well over a half a billion dollars in tax revenue from
undocumented immigrants only to deny them financial support that is
granted to other New Yorkers.

Despite an unprecedented year of action and escalation taken by
undocumented youth, the United States Congress failed to pass the
DREAM Act in 2010. This has left undocumented
youth in NY without any form or relief. It is now up to the State of
NY to provide dignity and recognition for these promising and
deserving young people.

LEGISLATIVE HISTORY:
03/22/11 REFERRED TO FINANCE
11/30/11 AMEND AND RECOMMIT TO FINANCE
11/30/11 PRINT NUMBER 4179A
12/06/11 AMEND AND RECOMMIT TO FINANCE
12/06/11 PRINT NUMBER 4179B
01/04/12 REFERRED TO FINANCE
02/24/12 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
03/12/12 COMMITTEE DISCHARGED AND COMMITTED TO RULES


FISCAL IMPLICATIONS:
As per the analysis of the Fiscal Policy Institute as well as the
State Education Department, it is estimated that this legislation
will only cost an additional 1% or 2% of current TAP funding.

EFFECTIVE DATE:
This act shall take effect on July 1, 2015.

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

                                  1257

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERKINS -- 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  the  New  York  State
  dream act; and to repeal certain provisions of such law relating ther-
  eto

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

  Section 1. This act shall be known and may be cited as the  "New  York
State Dream Act".
  S 2. Subdivision 3 of section 661 of the education law is REPEALED and
a new subdivision 3 is added to read as follows:
  3. QUALIFICATIONS. A. QUALIFIED STUDENT FOR AN AWARD AT THE UNDERGRAD-
UATE LEVEL OF STUDY. A QUALIFIED STUDENT FOR AN AWARD AT THE UNDERGRADU-
ATE LEVEL OF STUDY SHALL MEAN:
  (I) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT IN
THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO HAS BEEN A RESIDENT OF
THE  STATE  FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE BEGINNING OF
THE SEMESTER, QUARTER OR TERM OF ATTENDANCE FOR  WHICH  APPLICATION  FOR
ASSISTANCE IS MADE; OR
  (II)  AN  INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT
IN THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO IS  A  RESIDENT  OF
THE  STATE  AND  WAS  A RESIDENT OF THE STATE DURING HIS OR HER LAST TWO
SEMESTERS OF HIGH SCHOOL EITHER PRIOR TO GRADUATION, OR PRIOR TO  ADMIS-
SION TO COLLEGE; OR
  (III) AN INDIVIDUAL WHO:
  (1)  ATTENDED  AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS,
GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND-
ANCE AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITH-
IN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00278-02-3

S. 1257                             2

  (2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALEN-
CY DIPLOMA EXAM PREPARATION,  RECEIVED  A  GENERAL  EQUIVALENCY  DIPLOMA
ISSUED  WITHIN NEW YORK STATE, AND APPLIED FOR ATTENDANCE AT AN INSTITU-
TION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITHIN  FIVE  YEARS  OF
RECEIVING A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE; OR
  (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  IN ADDITION TO CLAUSES ONE, TWO, AND THREE OF  THIS  SUBPARAGRAPH,  IF
THE INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES
AS  USED  IN 8 U.S.C. S 1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE
UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE  OF  THIR-
TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
  B.  QUALIFIED  STUDENT  FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY. A
QUALIFIED STUDENT FOR AN AWARD AT THE  GRADUATE  LEVEL  OF  STUDY  SHALL
MEAN:
  (I) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT IN
THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO HAS BEEN A RESIDENT OF
THE  STATE  FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE BEGINNING OF
THE SEMESTER, QUARTER OR TERM OF ATTENDANCE FOR  WHICH  APPLICATION  FOR
ASSISTANCE IS MADE; OR
  (II)  AN  INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT
IN THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO IS  A  RESIDENT  OF
THE  STATE  AND  WAS  A RESIDENT OF THE STATE DURING HIS OR HER LAST TWO
SEMESTERS OF HIGH SCHOOL EITHER PRIOR TO GRADUATION, OR PRIOR TO  ADMIS-
SION TO COLLEGE; OR
  (III) AN INDIVIDUAL WHO:
  (1)  ATTENDED  AN  APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM AN  APPROVED  NEW  YORK  STATE  HIGH  SCHOOL,  AND
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF  RECEIV-
ING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA,  AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  IN ADDITION TO CLAUSES ONE, TWO, AND THREE OF  THIS  SUBPARAGRAPH,  IF
THE INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES
AS  USED  IN 8 U.S.C. S 1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE
UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE  OF  THIR-
TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
  C.  NOTWITHSTANDING SUBPARAGRAPH (III) OF PARAGRAPH A OF THIS SUBDIVI-
SION, AN INDIVIDUAL SHALL BE DEEMED A QUALIFIED STUDENT FOR AN AWARD  AT
THE  UNDERGRADUATE LEVEL OF STUDY FOR A PERIOD OF FIVE YEARS IMMEDIATELY
FOLLOWING THE IMPLEMENTATION OF THE NEW YORK STATE  DREAM  ACT  PROVIDED
THAT THE INDIVIDUAL:

S. 1257                             3

  (I)  ATTENDED  AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS,
GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND-
ANCE OR IS ENROLLED AT AN INSTITUTION OR EDUCATIONAL UNIT OF  THE  STATE
UNIVERSITY; 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, AND APPLIED FOR ATTENDANCE OR IS ENROLLED
AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY.
  IN ADDITION TO SUBPARAGRAPHS (I) AND (II) OF THIS  PARAGRAPH,  IF  THE
INDIVIDUAL  IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES AS
USED IN 8 U.S.C. S 1623, THAN SUCH  INDIVIDUAL  MUST  HAVE  ENTERED  THE
UNITED  STATES  BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE OF THIR-
TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
  D. NOTWITHSTANDING SUBPARAGRAPH (III) OF PARAGRAPH B OF THIS  SUBDIVI-
SION,  AN INDIVIDUAL SHALL BE DEEMED A QUALIFIED STUDENT FOR AN AWARD AT
THE GRADUATE LEVEL OF STUDY  FOR  A  PERIOD  OF  TEN  YEARS  IMMEDIATELY
FOLLOWING  THE  IMPLEMENTATION  OF THE NEW YORK STATE DREAM ACT PROVIDED
THAT THE INDIVIDUAL:
  (I) ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR  MORE  YEARS,
GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND-
ANCE  OR  IS ENROLLED AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE
UNIVERSITY; 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, AND APPLIED FOR ATTENDANCE OR IS  ENROLLED
AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY;
  IN  ADDITION  TO  SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH, IF THE
INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES  AS
USED  IN  8  U.S.C.  S  1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE
UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE  OF  THIR-
TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
  S 3. Subparagraph (i) of paragraph b-1 of subdivision 4 of section 661
of the education law is REPEALED.
  S  4. Paragraph a of subdivision 5 of section 661 of the education law
is REPEALED.
  S 5. Paragraph b of subdivision 5 of section 661 of the education  law
is REPEALED.
  S 6. Paragraph d of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  844 of the laws of 1975, is amended to read as
follows:
  d. If an applicant for an award allocated on a  geographic  basis  has
more  than  one  residence  in  this state, his OR HER residence for the
purpose of this article shall be his OR HER place  of  actual  residence
during  the major part of the year while attending school, as determined
by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT  TO
PARAGRAPH  A,  B,  C, OR D OF SUBDIVISION THREE OF THIS SECTION SHALL BE
DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF  THE  INSTITUTION  OF  HIGHER
EDUCATION  IN WHICH HE OR SHE ATTENDS FOR PURPOSES OF AN AWARD ALLOCATED
ON A GEOGRAPHIC BASIS.
  S 7. Paragraph e of subdivision 5 of section 661 of the education law,
as added by chapter 630 of the laws of  2005,  is  amended  to  read  as
follows:
  e.  Notwithstanding any other provision of this article to the contra-
ry, the New York state [residency]  eligibility  [requirement]  REQUIRE-
MENTS  for  receipt  of  awards  SET FORTH IN PARAGRAPH A, B, C, OR D OF

S. 1257                             4

SUBDIVISION THREE OF THIS SECTION is waived for a member, or the  spouse
or  dependent  of  a member, of the armed forces of the United States on
full-time active duty and stationed in this state.
  S  8. Paragraph h of subdivision 2 of section 355 of the education law
is amended by adding a new subparagraph 10 to read as follows:
  (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
NOT A RESIDENT OF NEW YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED
IN  PARAGRAPH  A, B, C, OR D OF SUBDIVISION THREE OF SECTION SIX HUNDRED
SIXTY-ONE OF THIS CHAPTER, MAY HAVE THE PAYMENT  OF  TUITION  AND  OTHER
FEES  AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER
FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES  THIRTEEN,
THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER.
  S  9. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (d) to read as follows:
  (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS  NOT  A
RESIDENT  OF  NEW  YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED IN
PARAGRAPH A, B, C, OR D OF SUBDIVISION  THREE  OF  SECTION  SIX  HUNDRED
SIXTY-ONE  OF  THIS  CHAPTER,  MAY HAVE THE PAYMENT OF TUITION AND OTHER
FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR  OTHER
FINANCIAL  ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN,
THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER.
  S 10. Section 6305 of the education law is amended  by  adding  a  new
subdivision 8-a to read as follows:
  8-A.  THE  PAYMENT  OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A  RESIDENT  OF  NEW
YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C,
OR D OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAP-
TER,  MAY  BE  REDUCED  BY  STATE-AIDED PROGRAMS, SCHOLARSHIPS AND OTHER
FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES  THIRTEEN,
THIRTEEN-A,  FOURTEEN  AND FOURTEEN-A OR ANY OTHER ARTICLE OF THIS CHAP-
TER.
  S 11. Paragraph d of subdivision 3 of section 6451  of  the  education
law,  as  amended by chapter 149 of the laws of 1972, is amended to read
as follows:
  d. Any necessary supplemental financial assistance, which may  include
the  cost of books and necessary maintenance for such enrolled students,
INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED  THAT  THE
STUDENT  IS  A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C, OR D
OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF  THIS  CHAPTER;
provided,  however, that such supplemental financial assistance shall be
furnished pursuant to criteria promulgated by the commissioner with  the
approval of the director of the budget.
  S 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of  the  education  law, as added by chapter 917 of the laws of 1970, is
amended to read as follows:
  (v) Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such students, INCLUDING
STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT  IS
A  "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C, OR D OF SUBDIVI-
SION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS  CHAPTER;  provided,
however,  that such supplemental financial assistance shall be furnished
pursuant to criteria promulgated by such universities  and  approved  by
the regents and the director of the budget.
  S  13. Paragraph (a) of subdivision 2 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read  as
follows:

S. 1257                             5

  (a)  Undergraduate  science and technology entry program moneys may be
used for tutoring, counseling,  remedial  and  special  summer  courses,
supplemental  financial  assistance,  program  administration, and other
activities which the commissioner may deem appropriate. To  be  eligible
for  undergraduate  collegiate  science  and  technology  entry  program
support, a student must be [a resident of New York who is] A  "QUALIFIED
STUDENT"  PURSUANT TO PARAGRAPH A OR PARAGRAPH C OF SUBDIVISION THREE OF
SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER AND MUST BE either econom-
ically disadvantaged or from a minority group  historically  underrepre-
sented   in   the   scientific,  technical,  health  and  health-related
professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
potential for a professional career if provided special services. Eligi-
ble students must be in good academic standing, enrolled full time in an
approved,  undergraduate  level  program  of  study,  as  defined by the
regents.
  S 14. Paragraph (a) of subdivision 3 of section 6455 of the  education
law,  as added by chapter 285 of the laws of 1986, is amended to read as
follows:
  (a) Graduate science and technology entry program moneys may  be  used
for  recruitment,  academic  enrichment,  career  planning, supplemental
financial assistance, review for licensing examinations, program  admin-
istration,  and  other activities which the commissioner may deem appro-
priate. To be eligible for graduate collegiate  science  and  technology
entry program support, a student must be [a resident of New York who is]
A "QUALIFIED STUDENT" PURSUANT TO PARAGRAPH B OR PARAGRAPH D OF SUBDIVI-
SION  THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER AND MUST BE
either economically disadvantaged or from a minority group  historically
underrepresented   in   the  scientific,  technical  and  health-related
professions AND MUST DEMONSTRATE AN INTEREST IN AND A  POTENTIAL  FOR  A
PROFESSIONAL  CAREER  IF  PROVIDED SPECIAL SERVICES.   Eligible students
must be in good academic standing, enrolled full  time  in  an  approved
graduate level program, as defined by the regents.
  S  15.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
695-e of the education law, as amended by chapter 593  of  the  laws  of
2003, is amended to read as follows:
  (i)  the name, address and social security number [or], employer iden-
tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
account  owner  UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  THIR-
TEEN  THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN-
TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER  SHALL
BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
  S  16.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
695-e of the education law, as amended by chapter 593  of  the  laws  of
2003, is amended to read as follows:
  (iii)  the  name,  address, and social security number, EMPLOYER IDEN-
TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
THOUSAND  THIRTEEN  THAT  AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
  S 17. This act shall take effect July 1, 2015.

Co-Sponsors

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S1257A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A22
Current Committee:
Senate Higher Education
Law Section:
Executive Law
Laws Affected:
Rpld §661 sub 3, sub 4 ¶b-1 sub¶ (i), sub 5 ¶¶a & b, amd §§661, 355, 6206, 6305, 6451, 6452, 6455 & 695-e, Ed L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A22
2011-2012: A6829A, A6829C, A6829D, S4179D

S1257A (ACTIVE) - Bill Texts

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Establishes the New York state dream act; provides certain higher education eligibility benefits to undocumented immigrants that satisfy certain criteria.

view sponsor memo
BILL NUMBER:S1257A

TITLE OF BILL:
An act
to amend the education law, in relation to the New York State dream act;
and to repeal certain provisions of such law relating thereto

PURPOSE:
To provide access to state, city, town and/or village-funded financial
aid programs, including, but not limited to grants, loans and
scholarships.

SUMMARY OF PROVISIONS:

Section 1 entitles the bill the "New York State Dream Act".

Section 2 of the bill amends Education Law § 661(3) to eliminate the
requirement that an applicant for an award be a U.S. citizen, LPR, or
a refugee.

Section 2 creates and defines the term "Qualified Students" which
establishes the eligibility requirements for applicants for loans and
awards at the undergraduate and graduate level of study. The term
Qualified Students includes people who are already eligible for
awards under the current law, which are people with lawful status.
Qualified Students also expands the eligibility requirements to
people without lawful immigration status as long as they fulfill the
other requirements outlined by the statute. The section uses the term
"lawfully present in the United States" because it is used in 8
U.S.C. § 1623 and has an existing definition in Federal law.

Section 2 also includes a "transition provision" which permits a
subset of individuals who would not otherwise be eligible for awards
and loans based on their date of graduation from high school or the
date that they obtained a New York state G.E.D., to take advantage of
state awards and loans. The purpose of the "transition provision" is
to permit undocumented students, who were relying on the Federal
Dream Act for educational opportunities, to benefit from the New York
Dream Act.

Section 3 of the bill repeals Education Law § 661(4)(b-l)(i), which
establishes a citizenship requirement for the tuition assistance
program.

Section 4 of the bill repeals Education Law § 661(5)(a), which
establishes residency requirements for awards and loans for
undergraduates under the current law. We repealed this section
because we already established all eligibility requirements for
awards and loans for undergraduates under Education Law § 661(3) by
amending Education Law § 661(3)
in Section 2 of the Dream Act.

Section 4 of the bill repeals Education Law §661(5)(b), which
establishes residency requirements for awards and loans for graduates
under the current law. We repealed this section because we already
established all eligibility requirements for awards and loans for


graduates under Education Law § 661(3) by amending Education Law
§661(3) in Section 2 of the Dream Act.

Section 5 of the bill amends Education law §661(5)(d) to clarify that
if an applicant for tuition assistance does not have a New York State
residence, the applicant shall be deemed to reside in the geographic
area of the institution of higher education in which he or she
attends for
purposes of an award allocated on a geographic basis.

Section 6 of the bill amends Education Law § 661(5)(e) to state that
any member, or the spouse or dependent of a member, of the armed
forces of the United States on full-time active duty and stationed in
this state is eligible for awards and loans, regardless of whether or
not they are a "Qualified Student."

Section 7 of the bill would add a new Education Law §355(2)(h)(10) to
provide that qualified students at SUNY may have the payment of
tuition and other fees and charges reduced by loans and awards.

Section 8 of the bill adds a new Education Law §6206(7)(d) to provide
that Qualified Students at CUNY may have the payment of tuition and
other fees and charges reduced by loans and awards.

Section 9 of the bill adds a new Education Law § 6305(8-a) to provide
that qualified students at community colleges may have the payment of
tuition and other fees and charges reduced by loans and awards.

Sections 10 and 11 of the bill amend Education Law § 6451(3)(6) and
6452(4)(a)(v) to allow undocumented students who participate in the
higher education programs to receive supplemental financial
assistance provided that the student meets the requirements in
Education Law § 661 (3) (a) (ii) or (b) (ii).

Section 12 of the bill amends Education Law §6455(2)(a) to allow an an
undergraduate applicant for the college science and technology entry
program who is not a resident of the state to be eligible for an
award at the undergraduate level of study provided that he or she is
a "Qualified Student" as amended by Section 2 of this bill.

Section 13 of the bill amends Education Law §6455(3)(a) to provide
that Qualified Students at the graduate level of study may have the
payment of tuition and other fees and charges reduced by loans and
awards.

Sections 14 of the bill amends Education Law § 695-e(2)(a)(i)
and (a)(iii) to allow individuals with a taxpayer identification
number (ITIN) to open a family tuition account and/or be a designated
beneficiary under the New York State College Tuition Savings Program,
unless the account was in effect prior to the effective date of this
chapter does not allow for an ITIN, in which case an ITIN shall be
allowed upon expiration of the contract.

Section 15 is the effective date.

JUSTIFICATION:
As a state with one of the largest immigrant populations, NY should be


at the forefront of progressive immigration policies, pushing back on
the tide of national and local anti-immigrant policies. The NY Dream
Act will respect the dignity and contributions of undocumented youth
in the state by giving them access to state financial aid programs.

This bill is about access to education, but it is also about providing
a pathway to economic prosperity for both the individual receiving
the education and for the state. Increasing the education level of
workers also increases their productivity, and the more highly
educated the state's labor force, the more attractive the state is as
a place to locate businesses.

There are currently an estimated 475,000 undocumented immigrants in
the New York State labor force. Having large numbers of undocumented
workers should not be considered a permanent situation: federal
reform is urgently needed to fix immigration policy. But gridlock at
the federal level should not prevent New York State from investing in
its own economy.

The National Skills Coalition reports that New York is facing a
shortage of workers who have the required skill level for most job
openings. New York would benefit greatly from undocumented students
receiving access to a college education. In fact, NSC also estimates
that 391; of all future job openings will require at least an
associate's degree.

Furthermore, it is universally accepted that those who pay taxes
should benefit from those taxes, whether those benefits be public
safety or access to higher education.

According to the Institute for Taxation and Economic Policy,
undocumented immigrants paid over $662 million in taxes to New York
State in 2010, making it the state with the fourth highest revenue in
taxes from undocumented immigrants. They paid approximately; $104.4
million in personal income taxes, $95 million in property taxes, and
over $463 million in sales taxes. It is unjust, unfair and unAmerican
to collect well over a half a billion dollars in tax revenue from
undocumented immigrants only to deny them financial support that is
granted to other New Yorkers.

Despite an unprecedented year of action and escalation taken by
undocumented youth, the United States Congress failed to pass the
DREAM Act in 2010. This has left undocumented youth in NY without any
form or relief. It is now up to the State of NY to provide dignity
and recognition for these promising and deserving young people.

LEGISLATIVE HISTORY:
03/22/11 REFERRED TO FINANCE
11/30/11 AMEND AND RECOMMIT TO FINANCE 11/30/11 PRINT NUMBER 4179A
12/06/11 AMEND AND RECOMMIT TO FINANCE 12/06/11 PRINT NUMBER 4179B
01/04/12 REFERRED TO FINANCE
02/24/12 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
03/12/12 COMMITTEE DISCHARGED AND COMMITTED TO RULES

FISCAL IMPLICATIONS:
As per the analysis of the Fiscal Policy Institute as well as the


State Education Department, it is estimated that this legislation
will only cost an additional 1% or 2% of current TAP funding.

EFFECTIVE DATE:
This act shall take effect on July 1, 2014.

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

                                 1257--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PERKINS,  STAVISKY, ADAMS, AVELLA, BRESLIN, DIAZ,
  DILAN, ESPAILLAT, GIANARIS, GIPSON, HASSELL-THOMPSON,  KRUEGER,  MONT-
  GOMERY,  PARKER, PERALTA, RIVERA, SAMPSON, SERRANO, SQUADRON, STEWART-
  COUSINS -- read twice and ordered printed,  and  when  printed  to  be
  committed   to   the   Committee  on  Higher  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation to  the  New  York  State
  dream act; and to repeal certain provisions of such law relating ther-
  eto

  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 "New York state dream act".
  S 2. Subdivision 3 of section 661 of the education law is REPEALED and
a new subdivision 3 is added to read as follows:
  3. QUALIFICATIONS. A. QUALIFIED STUDENT FOR AN AWARD AT THE UNDERGRAD-
UATE LEVEL OF STUDY. A QUALIFIED STUDENT FOR AN AWARD AT THE UNDERGRADU-
ATE LEVEL OF STUDY SHALL MEAN:
  (I) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT IN
THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO HAS BEEN A RESIDENT OF
THE  STATE  FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE BEGINNING OF
THE SEMESTER, QUARTER OR TERM OF ATTENDANCE FOR  WHICH  APPLICATION  FOR
ASSISTANCE IS MADE; OR
  (II)  AN  INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT
IN THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO IS  A  RESIDENT  OF
THE  STATE  AND  WAS  A RESIDENT OF THE STATE DURING HIS OR HER LAST TWO
SEMESTERS OF HIGH SCHOOL EITHER PRIOR TO GRADUATION, OR PRIOR TO  ADMIS-
SION TO COLLEGE; OR
  (III) AN INDIVIDUAL WHO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00278-03-3

S. 1257--A                          2

  (1)  ATTENDED  AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS,
GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND-
ANCE AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITH-
IN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALEN-
CY  DIPLOMA  EXAM  PREPARATION,  RECEIVED  A GENERAL EQUIVALENCY DIPLOMA
ISSUED WITHIN NEW YORK STATE, AND APPLIED FOR ATTENDANCE AT AN  INSTITU-
TION  OR  EDUCATIONAL  UNIT OF THE STATE UNIVERSITY WITHIN FIVE YEARS OF
RECEIVING A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE; OR
  (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  IN  ADDITION  TO  CLAUSES ONE, TWO, AND THREE OF THIS SUBPARAGRAPH, IF
THE INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES
AS USED IN 8 U.S.C. S 1623, THEN SUCH INDIVIDUAL MUST HAVE  ENTERED  THE
UNITED  STATES  BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE OF THIR-
TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
  B. QUALIFIED STUDENT FOR AN AWARD AT THE GRADUATE LEVEL  OF  STUDY.  A
QUALIFIED  STUDENT  FOR  AN  AWARD  AT THE GRADUATE LEVEL OF STUDY SHALL
MEAN:
  (I) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT IN
THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO HAS BEEN A RESIDENT OF
THE STATE FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE  BEGINNING  OF
THE  SEMESTER,  QUARTER  OR TERM OF ATTENDANCE FOR WHICH APPLICATION FOR
ASSISTANCE IS MADE; OR
  (II) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT  LAWFULLY  PRESENT
IN  THE  UNITED  STATES AS USED IN 8 U.S.C. S 1623, WHO IS A RESIDENT OF
THE STATE AND WAS A RESIDENT OF THE STATE DURING HIS  OR  HER  LAST  TWO
SEMESTERS  OF HIGH SCHOOL EITHER PRIOR TO GRADUATION, OR PRIOR TO ADMIS-
SION TO COLLEGE; OR
  (III) AN INDIVIDUAL WHO:
  (1) ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR  TWO  OR  MORE
YEARS,  GRADUATED  FROM  AN  APPROVED  NEW  YORK  STATE HIGH SCHOOL, AND
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
GRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIV-
ING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA, AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCA-
TION  FOR  THE  GRADUATE  STUDY  FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  IN  ADDITION  TO  CLAUSES ONE, TWO, AND THREE OF THIS SUBPARAGRAPH, IF
THE INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES
AS USED IN 8 U.S.C. S 1623, THEN SUCH INDIVIDUAL MUST HAVE  ENTERED  THE
UNITED  STATES  BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE OF THIR-
TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.

S. 1257--A                          3

  C. NOTWITHSTANDING SUBPARAGRAPH (III) OF PARAGRAPH A OF THIS  SUBDIVI-
SION,  AN INDIVIDUAL SHALL BE DEEMED A QUALIFIED STUDENT FOR AN AWARD AT
THE UNDERGRADUATE LEVEL OF STUDY FOR A PERIOD OF FIVE YEARS  IMMEDIATELY
FOLLOWING  THE  IMPLEMENTATION  OF THE NEW YORK STATE DREAM ACT PROVIDED
THAT THE INDIVIDUAL:
  (I)  ATTENDED  AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS,
GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND-
ANCE OR IS ENROLLED AT AN INSTITUTION OR EDUCATIONAL UNIT OF  THE  STATE
UNIVERSITY; 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, AND APPLIED FOR ATTENDANCE OR IS ENROLLED
AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY.
  IN ADDITION TO SUBPARAGRAPHS (I) AND (II) OF THIS  PARAGRAPH,  IF  THE
INDIVIDUAL  IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES AS
USED IN 8 U.S.C. S 1623, THEN SUCH  INDIVIDUAL  MUST  HAVE  ENTERED  THE
UNITED  STATES  BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE OF THIR-
TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
  D. NOTWITHSTANDING SUBPARAGRAPH (III) OF PARAGRAPH B OF THIS  SUBDIVI-
SION,  AN INDIVIDUAL SHALL BE DEEMED A QUALIFIED STUDENT FOR AN AWARD AT
THE GRADUATE LEVEL OF STUDY  FOR  A  PERIOD  OF  TEN  YEARS  IMMEDIATELY
FOLLOWING  THE  IMPLEMENTATION  OF THE NEW YORK STATE DREAM ACT PROVIDED
THAT THE INDIVIDUAL:
  (I) ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR  MORE  YEARS,
GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND-
ANCE  OR  IS ENROLLED AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE
UNIVERSITY; 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, AND APPLIED FOR ATTENDANCE OR IS  ENROLLED
AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY;
  IN  ADDITION  TO  SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH, IF THE
INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES  AS
USED  IN  8  U.S.C.  S  1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE
UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE  OF  THIR-
TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
  S 3. Subparagraph (i) of paragraph b-1 of subdivision 4 of section 661
of the education law is REPEALED.
  S  4. Paragraphs a and b of subdivision 5 of section 661 of the educa-
tion law are REPEALED.
  S 5. Paragraph d of subdivision 5 of section 661 of the education law,
as amended by chapter 844 of the laws of 1975, is  amended  to  read  as
follows:
  d.  If  an  applicant for an award allocated on a geographic basis has
more than one residence in this state, his  OR  HER  residence  for  the
purpose  of  this  article shall be his OR HER place of actual residence
during the major part of the year while attending school, as  determined
by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
HAVE  A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO
PARAGRAPH A, B, C OR D OF SUBDIVISION THREE OF  THIS  SECTION  SHALL  BE
DEEMED  TO  RESIDE  IN  THE GEOGRAPHIC AREA OF THE INSTITUTION OF HIGHER
EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES OF AN AWARD  ALLOCATED
ON A GEOGRAPHIC BASIS.
  S 6. Paragraph e of subdivision 5 of section 661 of the education law,
as  added  by  chapter  630  of  the laws of 2005, is amended to read as
follows:

S. 1257--A                          4

  e. Notwithstanding any other provision of this article to the  contra-
ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
MENTS for receipt of awards SET FORTH IN PARAGRAPH  A,  B,  C  OR  D  OF
SUBDIVISION  THREE OF THIS SECTION is waived for a member, or the spouse
or  dependent  of  a member, of the armed forces of the United States on
full-time active duty and stationed in this state.
  S 7. Paragraph h of subdivision 2 of section 355 of the education  law
is amended by adding a new subparagraph 10 to read as follows:
  (10)  SUCH  REGULATIONS  SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS
NOT A RESIDENT OF NEW YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED
IN PARAGRAPH A, B, C OR D OF SUBDIVISION THREE OF  SECTION  SIX  HUNDRED
SIXTY-ONE  OF  THIS  CHAPTER,  MAY HAVE THE PAYMENT OF TUITION AND OTHER
FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR  OTHER
FINANCIAL  ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN,
THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER.
  S 8. Subdivision 7 of section 6206 of the education law is amended  by
adding a new paragraph (d) to read as follows:
  (D)  THE  TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A
RESIDENT OF NEW YORK STATE BUT IS A "QUALIFIED STUDENT"  AS  DEFINED  IN
PARAGRAPH  A,  B,  C  OR  D  OF SUBDIVISION THREE OF SECTION SIX HUNDRED
SIXTY-ONE OF THIS CHAPTER, MAY HAVE THE PAYMENT  OF  TUITION  AND  OTHER
FEES  AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER
FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES  THIRTEEN,
THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER.
  S  9.  Section  6305  of  the education law is amended by adding a new
subdivision 8-a to read as follows:
  8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES  OF  A  STUDENT
WHO  IS  ATTENDING  A COMMUNITY COLLEGE AND WHO IS NOT A RESIDENT OF NEW
YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B,  C
OR D OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAP-
TER,  MAY  BE  REDUCED  BY  STATE-AIDED PROGRAMS, SCHOLARSHIPS AND OTHER
FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES  THIRTEEN,
THIRTEEN-A,  FOURTEEN  AND FOURTEEN-A OR ANY OTHER ARTICLE OF THIS CHAP-
TER.
  S 10. Paragraph d of subdivision 3 of section 6451  of  the  education
law,  as  amended by chapter 149 of the laws of 1972, is amended to read
as follows:
  d. Any necessary supplemental financial assistance, which may  include
the  cost of books and necessary maintenance for such enrolled students,
INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED  THAT  THE
STUDENT IS A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C OR D OF
SUBDIVISION  THREE  OF  SECTION  SIX  HUNDRED SIXTY-ONE OF THIS CHAPTER;
provided, however, that such supplemental financial assistance shall  be
furnished  pursuant to criteria promulgated by the commissioner with the
approval of the director of the budget.
  S 11. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of the education law, as added by chapter 917 of the laws  of  1970,  is
amended to read as follows:
  (v) Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such students, INCLUDING
STUDENTS  WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT IS
A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C OR D  OF  SUBDIVI-
SION  THREE  OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER; provided,
however, that such supplemental financial assistance shall be  furnished
pursuant  to  criteria  promulgated by such universities and approved by
the regents and the director of the budget.

S. 1257--A                          5

  S 12. Paragraph (a) of subdivision 2 of section 6455 of the  education
law,  as added by chapter 285 of the laws of 1986, is amended to read as
follows:
  (a)  Undergraduate  science and technology entry program moneys may be
used for tutoring, counseling,  remedial  and  special  summer  courses,
supplemental  financial  assistance,  program  administration, and other
activities which the commissioner may deem appropriate. To  be  eligible
for  undergraduate  collegiate  science  and  technology  entry  program
support, a student must be [a resident of New York who is] A  "QUALIFIED
STUDENT"  PURSUANT TO PARAGRAPH A OR PARAGRAPH C OF SUBDIVISION THREE OF
SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER AND MUST BE either econom-
ically disadvantaged or from a minority group  historically  underrepre-
sented   in   the   scientific,  technical,  health  and  health-related
professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
potential for a professional career if provided special services. Eligi-
ble students must be in good academic standing, enrolled full time in an
approved,  undergraduate  level  program  of  study,  as  defined by the
regents.
  S 13. Paragraph (a) of subdivision 3 of section 6455 of the  education
law,  as added by chapter 285 of the laws of 1986, is amended to read as
follows:
  (a) Graduate science and technology entry program moneys may  be  used
for  recruitment,  academic  enrichment,  career  planning, supplemental
financial assistance, review for licensing examinations, program  admin-
istration,  and  other activities which the commissioner may deem appro-
priate. To be eligible for graduate collegiate  science  and  technology
entry program support, a student must be [a resident of New York who is]
A "QUALIFIED STUDENT" PURSUANT TO PARAGRAPH B OR PARAGRAPH D OF SUBDIVI-
SION  THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER AND MUST BE
either economically disadvantaged or from a minority group  historically
underrepresented   in   the  scientific,  technical  and  health-related
professions AND MUST DEMONSTRATE AN INTEREST IN AND A  POTENTIAL  FOR  A
PROFESSIONAL  CAREER  IF  PROVIDED SPECIAL SERVICES.   Eligible students
must be in good academic standing, enrolled full  time  in  an  approved
graduate level program, as defined by the regents.
  S  14.  Subparagraphs (i) and (iii) of paragraph a of subdivision 2 of
section 695-e of the education law, as amended by  chapter  593  of  the
laws of 2003, are amended to read as follows:
  (i)  the name, address and social security number [or], employer iden-
tification number OR INDIVIDUAL TAXPAYER IDENTIFICATION  NUMBER  of  the
account  owner  UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
TO THE EFFECTIVE DATE OF THE NEW YORK STATE DREAM ACT DOES NOT ALLOW FOR
A TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A  TAXPAYER  IDENTIFICA-
TION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
  (iii)  the  name,  address, and social security number, EMPLOYER IDEN-
TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
THOUSAND  THIRTEEN  THAT  AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
  S 15. This act shall take effect July 1, 2014.

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