senate Bill S1565

2013-2014 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 Committee


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

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Senate Actions - UPPERCASE
Jan 08, 2014 referred to higher education
Jan 09, 2013 referred to higher education

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S1565 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Add ยง207-b, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3388
2009-2010: S2523

S1565 - Bill Texts

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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.

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BILL NUMBER:S1565

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.

Subsection 2 of the bill lists the statistical information that each
approved school must maintain for all foreign students attending with
a student visa. Subsection 3 requires that such statistical
information be maintained in electronic form and be submitted to the
State Education Department (SED). Subsection 4 requires that SED
produce a report that compiles the statistical information submitted.
Subsection 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: 2011-12 S.3388; 2009-10 S.2523; 2007-2008,
S.2602; 2005-2006, S.838-A; 2003-2004, S.345-A; 2001-2002, S.604-3-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.

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

                                  1565

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  LAVALLE, DeFRANCISCO, LARKIN, RANZENHOFER -- 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.
                                                           LBD06135-01-3

S. 1565                             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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