S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 24, 2013
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-
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.
S. 2835 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-
(A) ATTENDED HIGH SCHOOL IN THE STATE OF NEW YORK FOR TWO OR MORE
(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.