Senate Bill S5682

2013-2014 Legislative Session

Relates to the eligibility requirements and conditions governing general awards, academic performance awards and student loans; repealer

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to higher education
Jun 04, 2013	referred to rules

2013-S5682 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Rpld §661 sub 3, amd Ed L, generally

2013-S5682 (ACTIVE) - Summary

Relates to the eligibility requirements and conditions governing general awards, academic performance awards and student loans.

2013-S5682 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5682

TITLE OF BILL:  An act to amend the education law, in relation to the
eligibility requirements and conditions governing general awards,
academic performance awards and student loans; eligibility
requirements for assistance under the higher education opportunity
programs and the collegiate science and technology entry program;
financial aid opportunities for students of the state university of
New York, the city university of New York and community colleges, and
the program requirements for the New York state college choice tuition
savings program, and to repeal subdivision 3 of section 661 of such
law relating thereto

Purpose of the Bill:  The bill would give undocumented students the
opportunity to access higher education opportunities by eliminating
financial obstacles to obtaining state financial aid. The bill would
also eliminate barriers for immigrant families to save for higher
education expenses by allowing them to open a New York State 529
family tuition account under the New York State College Tuition
Savings Program and/or be a designated beneficiary on an account if
they have a taxpayer identification number.

Summary of the Provisions of the Bill:

Section 1 entitles the bill the "Education Equity for DREAMers act".

Section 2 of the bill repeals Education Law § 661(3) to eliminate the
requirement that an applicant for a general award or academic
performance award be either a citizen of the United States, or an
alien lawfully admitted for permanent residence in the United States,
or an individual of a class of refugees paroled by the attorney
general of the United States under his parole authority pertaining to
the admission of aliens to the United States. Sections 2-a, 2-b, 2c,
2-d, 2-e and 2-f of the bill would amend Education Law §§ 608(1),
666(2), 668-d(1), 668- e(a)(1), 668-f(1) and 679-a(2) to delete any
references to Education Law § 661(3).

Section 3 of the bill would amend Education Law § 661(5) (a) to allow
certain applicants for undergraduate awards who are not legal
residents of the state to be eligible for awards if they meet certain
qualifications. The student must have either: (1) attended a
registered New York high school for 2 or more years, graduated from a
registered New York high school and applied for attendance at the
institution of higher education for the undergraduate study for which
an award is sought within 5 years of receiving a high school diploma;
(2) attended an approved program for a state high school equivalency
diploma, received a diploma and applied for attendance at the
institution of higher education for the undergraduate study for which
an award is sought within 5 years of receiving a state high school
equivalency diploma; or (3) must otherwise be 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 ("SUNY"), the
City University of New York ("CUNY") or community colleges as
prescribed in Education Law §§ 355(2)(h)(8) or 6206(7)(a). Further,
students who do not have lawful immigration status will also be
required to file an affidavit with the higher education institution
that he or she has filed an application to legalize his or her


immigration status, or will file such an application as soon as he or
she is eligible to do so.

Section 4 of the bill would amend Education Law § 661(5)(b) to make a
similar change for applicants seeking an award at the graduate level
of study. In that case, the non-resident student must have either:
(1) attended a registered New York high school for 2 or more years,
graduated from a registered New York high school and applied for
attendance at the institution of higher education for the graduate
study for which an award is sought within 10 years of receiving a high
school; (2) attended an approved program for a state high school
equivalency diploma, received a diploma and applied for attendance at
the institution of higher education for the graduate study for which
an award is sought within 10 years of receiving a state high school
equivalency diploma; or (3) must be otherwise eligible for the payment
of tuition and fees at a rate no greater than that imposed for
resident students of the SUNY, the CUNY or community colleges as
prescribed in Education Law §§ 355(2)(h)(8) or 6206(7)(a).

Section 5 of the bill would amend 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 would amend Education Law § 661(5)(e) to clarify
that the new requirements in paragraphs (a) and (b) of this
subdivision are waived for a member, or the spouse or dependent of a
member of the armed forces of the United States on a full-time active
duty and stationed in this state.

Section 7 of the bill would add a new Education Law § 355(2)(h)(10) to
allow certain SUNY students who are not legal residents of the state
to have the payment of tuition and other fees and charges reduced by
state-aided programs, scholarships or other financial assistance
awarded under Articles 13, 13-a, 14, 14-a, provided that the student
meets the requirements in Education Law §§ 661(5)(a)(ii) or (b)(ii).

Section 8 of the bill adds a new Education Law § 6206(7)(d) to make a
conforming change for CUNY.

Section 9 of the bill adds a new Education Law § 6305(8-a) to make a
conforming change for community colleges.

Sections 10 and 11 of the bill amend Education Law §§ 6451(3)(d) and
6452(4)(a)(v) to allow students without lawful immigration status who
participate in the higher education programs to receive supplemental
financial assistance provided that the student meets the requirements
in Education Law §§ 661(5)(a)(ii) or (b)(ii).

Section 12 of the bill amends Education Law § 6455(2)(a) to allow an
applicant for the undergraduate science and technology entry program
who is not a legal resident of the state to be eligible for an award
at the undergraduate level of study provided that the student either:
(1) attended a registered New York high school for 2 or more years,
graduated from a registered New York high school and applied for
attendance at the institution of higher education for the


undergraduate study for which an award is sought within 5 years of
receiving a high school; (2) attended an approved program for a state
high school equivalency diploma, received a state high school
equivalency diploma and applied for attendance at the institution of
higher education for the undergraduate study for which an award is
sought within 5 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
SUNY, CUNY or community colleges as prescribed in Education Law
355(2)(h)(8) or 6206(7)(a). Further, students who do not have lawful
immigration status will also be required to file an affidavit with the
higher education institution that he or she has filed an application
to legalize his or her immigration status, or will file such an
application as soon as he or she is eligible to do so.

Section 13 of the bill amends Education Law § 6455(3)(a) to make a
conforming change for non-resident applicants at the graduate level of
study, except such applicants must have either: (1) attended a
registered New York high school for 2 or more years, graduated from a
registered New York high school and applied for attendance at the
institution of higher education for the graduate study for which an
award is sought within 10 years of receiving a high school diploma;
(2) attended an approved program for a state high school equivalency
diploma, received a high school equivalency diploma and applied for
attendance at the institution of higher education for the graduate
study for which an award is sought within 10 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 SUNY, the CUNY or community
colleges as prescribed in Education Law § 355(2)(h)(8) or
6206(7)(a).

Sections 14 and 15 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 16 is the effective date.

Statement in Support of the Bill:  This bill would honor New York's
long history of providing broad access to educational opportunities by
making state financial aid available to undocumented students. The
state's investment in undocumented student's P-12 education should
continue by ensuring that when they are ready for college, they will
have an opportunity to pursue their aspiration. It makes moral and
economic sense to allow them to become full participants in New York's
economy by eliminating barriers to higher education.

An estimated 345,000 (11.7 percent) of K-12 public school students in
New York are children of undocumented immigrants. From available data,
approximately 2,000 undocumented students who grew up in New York
attend the City University of New York, in part because current law
allows them to attend New York public colleges at in-state tuition
rates.


New York's enlightened policy enables hundreds of thousands of
undocumented students to receive education through the state's public
school system; our state recognizes the value of an investment in
career and college readiness for these students. Yet their futures are
undeniably circumscribed by current immigration law and state law
relating to state financial aid for postsecondary education. These
young people generally derive their immigration status from their
parents. If their parents are undocumented, most have no mechanism to
obtain legal residency, even if they have lived most of their lives in
the U.S.

Current state law prohibits undocumented immigrant students from
receiving state financial aid (i.e., general awards and academic
performance awards). Denying them aid means denying them access to
higher education. The bill eliminates this barrier and would allow
eligible undocumented students to receive such awards by making
graduates of New York high schools or programs leading to a state high
school equivalency diploma and persons otherwise eligible for in-state
tuition in SUNY or CUNY institutions eligible to receive such awards
regardless of their residence or immigration status.  Thus, the bill
also allows non-residents of the state to be eligible for these awards
if they meet the specified qualifications. The bill also seeks to
ensure compliance with immigration laws, by requiring undocumented
students to demonstrate that they have taken appropriate steps to
legalize their immigration status.

The bill also allows undocumented non-resident students to receive
supplemental financial assistance as part of the higher education
opportunity programs and the collegiate technology entry programs if
they meet the criteria that would qualify them to receive TAP or other
general awards under Education Law § 651.

The bill also expands access to public and private colleges and
universities within the state by enabling undocumented students to
open a family tuition account and/or to be a designated beneficiary of
such account, except in limited exceptions.

Our society and our economic growth depend on a vibrant, well-educated
workforce, but right now many New Yorkers are denied the opportunity
to the education they need to fully participate in our economy.
Without access to higher education, these students are far too often
forced into the shadows of poverty.

Budgetary Implications of the Bill:  This bill would allow certain
undocumented students to access the Tuition Assistance Program (TAP).
Currently, the maximum TAP award for students attending four year
colleges is $5,000 and the maximum TAP award for students attending
community colleges is the tuition at community colleges in the state.
The costs of this bill would depend on the number of undocumented
students that choose to apply for TAP grants as well as the level of
their TAP award. In 2011-12, the average TAP award was $2,400.

Prior Legislative History:  In 2012, this bill was introduced by the
Assembly as A.9344, was referred to the Higher Education Committee and
no further action was taken. It was also introduced by the Senate as
5.6621 and was referred to the Rules Committee and no further action
was taken.


Effective Date:  This act would take effect July 1, 2013; provided,
however, that the amendments to Education Law § 679-a made by section
2-f of the bill shall not affect the repeal of such section and shall
be deemed to repeal therewith.

2013-S5682 (ACTIVE) - Bill Text download pdf

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

                                  5682

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 4, 2013
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of the State Education
  Department) -- read twice and ordered printed, and when printed to  be
  committed to the Committee on Rules

AN  ACT  to  amend  the  education  law,  in relation to the eligibility
  requirements  and  conditions  governing  general   awards,   academic
  performance  awards  and  student  loans; eligibility requirements for
  assistance under the higher education  opportunity  programs  and  the
  collegiate  science and technology entry program; financial aid oppor-
  tunities for students of the state university of New  York,  the  city
  university  of  New  York  and  community  colleges,  and  the program
  requirements for the New York state  college  choice  tuition  savings
  program, and to repeal subdivision 3 of section 661 of such law relat-
  ing thereto

  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 "education equity for DREAMers act".
  S 2. Subdivision 3 of section 661 of the education law is REPEALED.
  S  2-a. Subdivision 1 of section 608 of the education law, as added by
chapter 176 of the laws of 2002, is amended to read as follows:
  1.  Notwithstanding  [subdivisions  three  and]  SUBDIVISION  five  of
section  six  hundred  sixty-one  of  this  title, children, spouses and
financial dependents of innocent victims who  have  died  or  have  been
severely  and  permanently  disabled, or those innocent victims who have
become severely and permanently disabled as a direct result of an injury
sustained in the impact area of the September eleventh, two thousand one
attack on the United States of America, shall be eligible to  receive  a
scholarship  in  an annual amount determined pursuant to subdivision two
of section six hundred sixty-eight-d of this title. The  attack  on  the
United  States of America shall consist of the attack on the world trade
center, the attack on the Pentagon and the  hijackings  and  crashes  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08203-03-3

S. 5682                             2

United  Airlines flights 93 and 175 and American Airlines flights 11 and
77.
  S  2-b.  Subdivision 2 of section 666 of the education law, as amended
by chapter 947 of the laws of 1990, is amended to read as follows:
  2. Eligible students. Tuition awards may  be  made  to  students,  who
comply  with the requirements provided in subdivisions [three,] five and
six of section six hundred sixty-one of this article, and  (i) are  also
part-time   students   matriculated  in  approved  undergraduate  degree
programs or enrolled and accepted into registered  certificate  programs
and  (ii) if eligible to claim dependents or to be claimed as dependents
under the tax law, whose incomes  do  not  exceed  fifty  thousand  five
hundred fifty dollars or if ineligible whose incomes do not exceed thir-
ty-four  thousand  two hundred fifty dollars. The continuation of eligi-
bility for a tuition award shall require the retention of good  academic
standing, as defined by the commissioner pursuant to article thirteen of
this  chapter. Prior to the approval of any additional award pursuant to
this section,  participating  institutions  shall  review  the  academic
standing of all recipients of awards pursuant to this section.
  S  2-c.  Subdivision 1 of section 668-d of the education law, as added
by chapter 176 of the laws of 2002, is amended to read as follows:
  1. Eligible groups.  Notwithstanding [subdivisions three and] SUBDIVI-
SION five of section six hundred sixty-one of  this  article,  children,
spouses  and  financial  dependents of innocent victims who have died or
have been severely and permanently disabled, or those  innocent  victims
who  have become severely and permanently disabled as a direct result of
an injury sustained in the impact area of the  September  eleventh,  two
thousand  one  attack on the United States of America, shall be eligible
to receive a memorial scholarship. The attack on the  United  States  of
America  shall  consist  of  the  attack  on the world trade center, the
attack on the Pentagon and the hijackings and crashes of United Airlines
flights 93 and 175 and American Airlines flights 11 and 77.
  S 2-d. Paragraph a of subdivision 1 of section 668-e of the  education
law,  as added by chapter 106 of the laws of 2003, is amended to read as
follows:
  a.   Notwithstanding [subdivisions  three  and]  SUBDIVISION  five  of
section  six  hundred  sixty-one  of  this  title, children, spouses and
financial dependents of a member of  the  armed  forces  of  the  United
States or state organized militia who at any time on or after the second
day  of  August,  nineteen hundred ninety, while in service in the armed
forces of the United States, as defined by subdivision eight of  section
one of the military law or in a force of the state organized militia, as
defined  in  subdivision  nine  of  section one of the military law: (i)
while a legal resident of New York  state,  died,  became  severely  and
permanently  disabled or was classified as missing in action in a combat
theater or combat zone of operations as part of military operations,  or
died  as  a result of injury or illness suffered or incurred during such
military service; or (ii) while a legal resident of New York state, died
or became severely and permanently disabled as a  result  of  injury  or
illness  suffered  or  incurred  during  military training operations in
preparation for duty in a combat theater or combat zone of operations.
  S 2-e. Subdivision 1 of section 668-f of the education law,  as  added
by chapter 412 of the laws of 2005, is amended to read as follows:
  1.  Eligible groups. Notwithstanding [subdivisions three and] SUBDIVI-
SION five of section six  hundred  sixty-one  of  this  part,  children,
spouses, and financial dependents of persons who died as a direct result
of  the  crash  of American Airlines flight 587, in Rockaway, Queens, on

S. 5682                             3

November twelfth, two thousand one, shall be eligible to receive a memo-
rial scholarship.
  S  2-f.  Subdivision 2 of section 679-a of the education law, as added
by chapter 161 of the laws of 2005, is amended to read as follows:
  2. Eligibility. To be eligible for an award pursuant to this  subdivi-
sion,  applicants  shall  (a) be licensed as a social worker pursuant to
article one hundred fifty-four of this chapter; (b) comply with  [subdi-
visions  three and] SUBDIVISION five of section six hundred sixty-one of
this part; and (c) have an outstanding student loan debt.
  S 3. Paragraph a of subdivision 5 of section 661 of the education law,
as amended by chapter 466 of the laws of 1977, is  amended  to  read  as
follows:
  a.  (I)  Except  as provided in subdivision two of section six hundred
seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF  THIS  PARAGRAPH,  an
applicant  for  an award at the undergraduate level of study must either
[(i)] (A) have been a legal 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)]  (B)
be  a  legal resident of the state and have been a legal resident during
his last two semesters of high school either  prior  to  graduation,  or
prior  to  admission  to college. Provided further that persons shall be
eligible to receive awards under  section  six  hundred  sixty-eight  or
section  six  hundred  sixty-nine  OF  THIS PART who are currently legal
residents of the state and are otherwise qualified.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THIS  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS, SHALL BE  ELIGIBLE  FOR  AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A  REGISTERED  NEW  YORK  STATE  HIGH  SCHOOL  AND
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN  FIVE  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (B)  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 UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (C)  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.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 4. Paragraph b of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  466 of the laws of 1977, is amended to read as
follows:
  b. [An] (I) EXCEPT AS OTHERWISE PROVIDE IN SUBPARAGRAPH (II)  OF  THIS
PARAGRAPH,  applicant  for  an award at the graduate level of study must
either [(i)] (A) have been a legal resident of the state  for  at  least

S. 5682                             4

one year immediately preceding the beginning of the semester, quarter or
term  of  attendance  for  which  application for assistance is made, or
[(ii)] (B) be a legal resident of the state and have been a legal  resi-
dent  during  his  last  academic  year  of undergraduate study and have
continued to be a legal resident until  matriculation  in  the  graduate
program.
  (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF THIS STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT  WITHOUT  LAWFUL  IMMIGRATION STATUS, SHALL BE ELIGIBLE FOR AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR  TWO
OR  MORE  YEARS,  GRADUATED FROM A REGISTERED 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
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (B) 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
  (C) 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.
  PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  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 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 SUBPAR-
AGRAPH  (II)  OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS
SUBDIVISION 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:
  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 [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION  ARE  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:

S. 5682                             5

  (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
WITHOUT LAWFUL IMMIGRATION STATUS 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, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  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
LEGAL RESIDENT OF NEW YORK STATE BUT  IS  A  UNITED  STATES  CITIZEN,  A
PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
WITHOUT LAWFUL IMMIGRATION STATUS 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, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  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 LEGAL RESIDENT  OF
NEW  YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
DENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMI-
GRATION  STATUS 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 OF THIS CHAPTER, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  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  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
SECTION  SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; 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
MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR
SUBPARAGRAPH  (II)  OF  PARAGRAPH  B  OF SUBDIVISION FIVE OF SECTION SIX
HUNDRED SIXTY-ONE OF THIS CHAPTER,  AS  APPLICABLE;  provided,  however,
that  such supplemental financial assistance shall be furnished pursuant

S. 5682                             6

to criteria promulgated by such universities and approved by the regents
and the director of the budget.
  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)(I)  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], OR MEET  THE
REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
economically disadvantaged or from a minority group historically  under-
represented  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.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
WHO  IS  A  UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMIGRATION  STATUS,
SHALL  BE  ELIGIBLE  FOR  AN  AWARD  AT THE UNDERGRADUATE LEVEL OF STUDY
PROVIDED THAT THE STUDENT:
  (1) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
UNDERGRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
RECEIVING 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  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
FIVE 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.
  PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  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)(I) 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],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
AND MUST BE either economically disadvantaged or from a  minority  group

S. 5682                             7

historically  underrepresented  in the scientific, technical and health-
related professions. Eligible students must be in good  academic  stand-
ing,  enrolled  full  time  in  an  approved  graduate level program, as
defined by the regents.
  (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMIGRATION  STATUS,
SHALL  BE  ELIGIBLE FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY PROVIDED
THAT THE STUDENT:
  (1) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR  TWO
OR  MORE  YEARS,  GRADUATED FROM A REGISTERED 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
RECEIVING 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.
  PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 14. 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 15. 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 16. This act shall take effect July 1, 2013; provided, however, that
the amendments to section 679-a of the education  law  made  by  section
two-f  of this act shall not affect the repeal of such section and shall
be deemed to repeal therewith.

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

2013-S5682 (ACTIVE) - Details

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