senate Bill S2835A

2013-2014 Legislative Session

Requires the establishment of an appeals process for students who are denied the state resident tution rate at any public university or college

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 07, 2014 print number 2835a
amend (t) and recommit to higher education
Jan 08, 2014 referred to higher education
Jan 24, 2013 referred to higher education

Bill Amendments

Original
A (Active)
Original
A (Active)

S2835 - Bill Details

See Assembly Version of this Bill:
A4424A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§355, 6206 & 6306, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1140, A4023
2009-2010: S1392, A3955

S2835 - Bill Texts

view summary

Requires the establishment of an appeals process for students who are denied the state resident tuition rate at any public university or college.

view sponsor memo
BILL NUMBER:S2835

TITLE OF BILL: An act to amend the education law, in relation to estab-
lishing 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 qual-
ified 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 Educa-
tion 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. Estab-
lishes 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 resi-
dents. 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: 2011-12: S.1140/A.4023 - Referred to Higher
Education 2009-10: S.1392/A.3955 - Referred to Higher Education/Referred
to Higher Education 2007-08: S.1933/A.8109 - Referred to Higher Educa-
tion 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 follow-
ing enactment, with provisions.

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

                                  2835

                       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-
  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.
                                                           LBD06795-01-3

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-
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.

S2835A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4424A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§355, 6206 & 6306, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1140, A4023
2009-2010: S1392, A3955

S2835A (ACTIVE) - Bill Texts

view summary

Requires the establishment of an appeals process for students who are denied the state resident tuition rate at any public university or college.

view sponsor memo
BILL NUMBER:S2835A

TITLE OF BILL: An act to amend the education law, in relation to
establishing an appeals process for students denied the state resident
tuition rate at a public college or university

PURPOSE OR GENERAL IDEA OF BILL:

To establish an appeals process for students who are denied the state
resident tuition rate at any public university or college.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Establishes an appeals process for students, regardless of
their immigration status, denied the state resident tuition rate in
the state university system.

Section 2. Establishes an appeals process for students, regardless of
their immigration status, denied the state resident tuition rate in
the New York City university system.

Section 3. Establishes an appeals process for students, regardless of
their immigration status, denied the state resident tuition rate in
the statutory community college system.

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:

2013-2014: S.2835/A.4424 - Referred to Higher Education
2011-12: S.1140/A.4023 - Referred to Higher Education
2009-10: S.1392/A.3955 - 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 sixtieth day after which it shall
have become law.

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

                                 2835--A

                       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 -- recom-
  mitted to the Committee on Higher Education in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the  education  law,  in  relation  to  establishing  an
  appeals process for students denied the state resident tuition rate at
  a public college or university

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

  Section 1. Section 355 of the education law is amended by adding a new
subdivision 20 to read as follows:
  20. THE STATE UNIVERSITY TRUSTEES SHALL REQUIRE THAT EACH  INSTITUTION
OF  THE  STATE  UNIVERSITY ESTABLISH AN APPEALS PROCESS FOR ANY STUDENT,
REGARDLESS OF HIS OR HER IMMIGRATION STATUS, WHO  HAS  BEEN  DENIED  THE
STATE  RESIDENT TUITION RATE FOR ATTENDING SUCH INSTITUTION. EACH INSTI-
TUTION SHALL ESTABLISH A REASONABLE TIME PERIOD FOR  THE  FILING  OF  AN
APPEAL  AFTER A PROSPECTIVE STUDENT HAS RECEIVED WRITTEN NOTIFICATION OF
A DENIAL OF THE STATE RESIDENT TUITION RATE AND A REASONABLE TIME PERIOD
FOR THE INSTITUTION TO RESPOND TO SUCH AN  APPEAL.  INFORMATION  ON  THE
RIGHT  TO  SUCH  APPEAL  AND SUCH APPEALS PROCESS SHALL BE POSTED ON THE
INSTITUTION'S WEBSITE.
  S 2. Section 6206 of the education law is  amended  by  adding  a  new
subdivision 18 to read as follows:
  18.  THE  BOARD OF TRUSTEES SHALL REQUIRE THAT EACH INSTITUTION OF THE
CITY UNIVERSITY ESTABLISH AN APPEALS PROCESS FOR ANY STUDENT, REGARDLESS
OF HIS OR HER IMMIGRATION STATUS, WHO HAS BEEN DENIED THE STATE RESIDENT
TUITION RATE FOR ATTENDING  SUCH  INSTITUTION.  EACH  INSTITUTION  SHALL
ESTABLISH  A  REASONABLE TIME PERIOD FOR THE FILING OF AN APPEAL AFTER A
PROSPECTIVE STUDENT HAS RECEIVED WRITTEN NOTIFICATION OF A DENIAL OF THE
STATE RESIDENT TUITION RATE AND A REASONABLE TIME PERIOD FOR THE  INSTI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06795-05-4

S. 2835--A                          2

TUTION  TO  RESPOND  TO SUCH AN APPEAL. INFORMATION ON THE RIGHT TO SUCH
APPEAL AND SUCH APPEALS PROCESS SHALL BE  POSTED  ON  THE  INSTITUTION'S
WEBSITE.
  S  3.  Section  6306  of  the education law is amended by adding a new
subdivision 10 to read as follows:
  10. THE BOARD OF TRUSTEES OF EACH COMMUNITY COLLEGE SHALL ESTABLISH AN
APPEALS PROCESS FOR ANY STUDENT, REGARDLESS OF HIS  OR  HER  IMMIGRATION
STATUS,  WHO HAS BEEN DENIED THE STATE RESIDENT TUITION RATE FOR ATTEND-
ING SUCH COMMUNITY COLLEGE. THE BOARD  OF  TRUSTEES  OF  EACH  COMMUNITY
COLLEGE  SHALL  ESTABLISH  A REASONABLE TIME PERIOD FOR THE FILING OF AN
APPEAL AFTER A PROSPECTIVE STUDENT HAS RECEIVED WRITTEN NOTIFICATION  OF
A DENIAL OF THE STATE RESIDENT TUITION RATE AND A REASONABLE TIME PERIOD
FOR  THE  COMMUNITY COLLEGE TO RESPOND TO SUCH AN APPEAL. INFORMATION ON
THE RIGHT TO SUCH APPEAL AND SUCH APPEALS PROCESS SHALL BE POSTED ON THE
COMMUNITY COLLEGE'S WEBSITE.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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