S T A T E O F N E W Y O R K
________________________________________________________________________
6511
I N S E N A T E
January 31, 2014
___________
Introduced by Sen. SAVINO -- 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 enacting "Tuition-Free
NY"
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 "Tuition-Free
NY".
S 2. Paragraph h of subdivision 2 of section 355 of the education law
is amended by adding a new subparagraph 1-a to read as follows:
(1-A) THE TRUSTEES SHALL IMPLEMENT A PROGRAM TO PERMIT ANY STUDENT WHO
HAS BEEN ADMITTED TO A STATE-OPERATED INSTITUTION OF THE STATE UNIVERSI-
TY TO ATTEND WITHOUT THE PAYMENT OF TUITION IF SUCH STUDENT FULFILLS THE
REQUIREMENTS OF SUCH PROGRAM PURSUANT TO THE PROVISIONS OF THIS SUBPARA-
GRAPH. THE PROVISIONS OF THIS SUBPARAGRAPH SHALL ONLY APPLY TO COSTS OF
ONE UNDERGRADUATE DEGREE AND ANY ADDITIONAL COSTS ASSOCIATED WITH MORE
THAN ONE SIMULTANEOUS UNDERGRADUATE DEGREE SHALL NOT BE COVERED BY THIS
PROGRAM.
(I) THE TRUSTEES SHALL PROVIDE AN APPLICATION PROCESS AND ADMINISTER
THE PROGRAM ACCORDING TO THE FOLLOWING CRITERIA:
(A) ANY STUDENT ELIGIBLE FOR RESIDENT TUITION RATES IS ELIGIBLE FOR
THIS PROGRAM.
(B) THE STUDENT SHALL BE REQUIRED TO PERFORM A MINIMUM OF TWO HUNDRED
FIFTY HOURS OF COMMUNITY SERVICE FOR EACH YEAR OF PARTICIPATION IN THE
PROGRAM. FOR STUDENTS ENROLLED IN A DESIGNATED SCIENCE, TECHNOLOGY,
ENGINEERING AND MATH (STEM) DEGREE PROGRAM SUCH SERVICE REQUIREMENT
SHALL BE ONE HUNDRED TWENTY-FIVE HOURS. THE TRUSTEES SHALL DETERMINE
QUALIFYING STEM DEGREES AND PROGRAMS FOR EACH EDUCATIONAL INSTITUTION.
THE PRESIDENT OF EACH INSTITUTION OR HIS OR HER DESIGNEE OR DESIGNEES
SHALL BE AUTHORIZED TO ISSUE WAIVERS WHICH PERMIT STUDENTS TO MEET THIS
SERVICE REQUIREMENT BY PERFORMING SERVICES FOR NON-QUALIFYING ORGANIZA-
TIONS OR, GENERALLY, THE SURROUNDING COMMUNITY; PROVIDED THAT THE HOUR
REQUIREMENT IS MET AND SUCH PRESIDENT OR HIS OR HER DESIGNEE OR DESIG-
NEES IS SATISFIED THAT THE WORK PERFORMED BENEFITS THE COMMUNITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11745-10-4
S. 6511 2
(C) A STUDENT SHALL BE REQUIRED TO SIGN A CONTRACT AGREEING TO RESIDE
IN NEW YORK STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF
HIS OR HER ACADEMIC PROGRAM.
(D) A STUDENT SHALL BE REQUIRED TO BE EMPLOYED FULL-TIME IN NEW YORK
STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF HIS OR HER
ACADEMIC PROGRAM. ANY PART-TIME OR COMBINATION OF PART-TIME AND
FULL-TIME EMPLOYMENT SHALL BE THE EQUIVALENT OF FIVE FULL-TIME YEARS.
ANY PERIOD OF TIME A STUDENT SPENDS UNEMPLOYED OR PURSUING A GRADUATE
DEGREE SHALL NOT PENALIZE A STUDENT FROM RECEIVING THE BENEFITS OF THIS
PROGRAM, BUT SHALL NOT CONTRIBUTE TO THE ACCRUAL OF THE REQUIREMENTS OF
THIS ITEM.
(E) STUDENTS SHALL BE REQUIRED TO COMPLETE THEIR DEGREE PROGRAM WITHIN
A MINIMUM PERIOD OF TIME TO BE SET BY THE TRUSTEES WHICH SHALL BE NO
LESS THAN THREE YEARS AND NO MORE THAN FIVE YEARS.
(F) A STUDENT WHO BENEFITTED FROM THE PROGRAM OUTLINED IN THIS SUBPAR-
AGRAPH SHALL BE ALLOWED TO ATTEND AN OUT-OF-STATE GRADUATE SCHOOL WITH-
OUT ANY PENALTY IF SUCH STUDENT PURSUES A GRADUATE DEGREE. ONCE SUCH
STUDENT CONCLUDES HIS OR HER GRADUATE SCHOOL STUDIES, SUCH STUDENT SHALL
RETURN TO NEW YORK WITHIN ONE YEAR FOR RESIDENCY AND EMPLOYMENT, PER THE
PROGRAM'S REQUIREMENTS, OR ELSE THE UNDERGRADUATE BENEFIT WILL TURN INTO
A STUDENT LOAN PURSUANT TO THE PROVISIONS OF CLAUSE (II) OF THIS SUBPAR-
AGRAPH.
(II) IF A STUDENT OR FORMER STUDENT FAILS TO FULFILL ANY OF THE
REQUIREMENTS SET FORTH IN CLAUSE (I) OF THIS SUBPARAGRAPH, THE TRUSTEES
SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF THE TUITION WHICH
WOULD HAVE BEEN PAID BY SUCH STUDENT, AS DETERMINED BY THE NEW YORK
STATE HIGHER EDUCATION SERVICES CORPORATION, PLUS INTEREST, ACCORDING TO
A SCHEDULE TO BE DETERMINED BY SUCH CORPORATION. SUCH REPAYMENT MAY
ALSO BE REQUIRED IF A RECIPIENT FAILS TO RESPOND TO REQUESTS FOR INFOR-
MATION NECESSARY TO DETERMINE CONTINUED ELIGIBILITY OR FOR ADMINIS-
TRATION OF THE PROGRAM.
(III) ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER THIS
SUBPARAGRAPH SHALL BE REQUIRED TO APPLY FOR FEDERAL PELL GRANT FUNDING
AND TUITION ASSISTANCE PROGRAM FUNDING. FUNDS AWARDED UNDER EITHER OR
BOTH SUCH PROGRAMS SHALL BE APPLIED TOWARDS THE COST OF TUITION PRIOR TO
AN AWARD UNDER THIS SUBPARAGRAPH.
(IV) STUDENTS SHALL BE RESPONSIBLE FOR ALL OTHER COSTS INCLUDING HOUS-
ING, FEES AND OTHER NON-TUITION RELATED CHARGES.
S 3. 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 IMPLEMENT A PROGRAM TO PERMIT ANY STUDENT WHO
HAS BEEN ADMITTED TO AN INSTITUTION OPERATED BY THE CITY UNIVERSITY TO
ATTEND WITHOUT THE PAYMENT OF TUITION IF SUCH STUDENT FULFILLS THE
REQUIREMENTS OF SUCH PROGRAM PURSUANT TO THE PROVISIONS OF THIS PARA-
GRAPH.
(I) THE TRUSTEES SHALL PROVIDE AN APPLICATION PROCESS AND ADMINISTER
THE PROGRAM ACCORDING TO THE FOLLOWING CRITERIA:
(A) ANY STUDENT ELIGIBLE FOR RESIDENT TUITION RATES IS ELIGIBLE FOR
THIS PROGRAM.
(B) THE STUDENT SHALL BE REQUIRED TO PERFORM A MINIMUM OF TWO HUNDRED
FIFTY HOURS OF COMMUNITY SERVICE FOR EACH YEAR OF PARTICIPATION IN THE
PROGRAM. FOR STUDENTS ENROLLED IN A DESIGNATED SCIENCE, TECHNOLOGY,
ENGINEERING AND MATH (STEM) DEGREE PROGRAM SUCH SERVICE REQUIREMENT
SHALL BE ONE HUNDRED TWENTY-FIVE HOURS. THE TRUSTEES SHALL DETERMINE
QUALIFYING STEM DEGREES AND PROGRAMS FOR EACH EDUCATIONAL INSTITUTION.
THE PRESIDENT OF EACH INSTITUTION OR HIS OR HER DESIGNEE OR DESIGNEES
S. 6511 3
SHALL BE AUTHORIZED TO ISSUE WAIVERS WHICH PERMIT STUDENTS TO MEET THIS
SERVICE REQUIREMENT BY PERFORMING SERVICES FOR NON-QUALIFYING ORGANIZA-
TIONS OR, GENERALLY, THE SURROUNDING COMMUNITY; PROVIDED THAT THE HOUR
REQUIREMENT IS MET AND SUCH PRESIDENT OR HIS OR HER DESIGNEE OR DESIG-
NEES IS SATISFIED THAT THE WORK PERFORMED BENEFITS THE COMMUNITY.
(C) A STUDENT SHALL BE REQUIRED TO SIGN A CONTRACT AGREEING TO RESIDE
IN NEW YORK STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF
HIS OR HER ACADEMIC PROGRAM.
(D) A STUDENT SHALL BE REQUIRED TO BE EMPLOYED FULL-TIME IN NEW YORK
STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF HIS OR HER
ACADEMIC PROGRAM. ANY PART-TIME OR COMBINATION OF PART-TIME AND
FULL-TIME EMPLOYMENT SHALL BE THE EQUIVALENT OF FIVE FULL-TIME YEARS.
ANY PERIOD OF TIME A STUDENT SPENDS UNEMPLOYED SHALL NOT PENALIZE A
STUDENT FROM RECEIVING THE BENEFITS OF THIS PROGRAM, BUT SHALL NOT
CONTRIBUTE TO THE ACCRUAL OF THE REQUIREMENTS OF THIS CLAUSE.
(E) STUDENTS SHALL BE REQUIRED TO COMPLETE THEIR DEGREE PROGRAM WITHIN
A MINIMUM PERIOD OF TIME TO BE SET BY THE TRUSTEES WHICH SHALL BE NO
LESS THAN THREE YEARS AND NO MORE THAN FIVE YEARS.
(F) A STUDENT WHO BENEFITTED FROM THE PROGRAM OUTLINED IN THIS SUBPAR-
AGRAPH SHALL BE ALLOWED TO ATTEND AN OUT-OF-STATE GRADUATE SCHOOL WITH-
OUT ANY PENALTY IF SUCH STUDENT PURSUES A GRADUATE DEGREE. ONCE SUCH
STUDENT CONCLUDES HIS OR HER GRADUATE SCHOOL STUDIES, SUCH STUDENT SHALL
RETURN TO NEW YORK WITHIN ONE YEAR FOR RESIDENCY AND EMPLOYMENT, PER THE
PROGRAM'S REQUIREMENTS, OR ELSE THE UNDERGRADUATE BENEFIT WILL TURN INTO
A STUDENT LOAN PURSUANT TO THE PROVISIONS OF CLAUSE (II) OF THIS SUBPAR-
AGRAPH.
(II) IF A STUDENT OR FORMER STUDENT FAILS TO FULFILL ANY OF THE
REQUIREMENTS SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE TRUS-
TEES SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF THE TUITION
WHICH WOULD HAVE BEEN PAID BY SUCH STUDENT, AS DETERMINED BY THE NEW
YORK STATE HIGHER EDUCATION SERVICES CORPORATION, PLUS INTEREST, ACCORD-
ING TO A SCHEDULE TO BE DETERMINED BY SUCH CORPORATION. SUCH REPAYMENT
MAY ALSO BE REQUIRED IF A RECIPIENT FAILS TO RESPOND TO REQUESTS FOR
INFORMATION NECESSARY TO DETERMINE CONTINUED ELIGIBILITY OR FOR ADMINIS-
TRATION OF THE PROGRAM.
(III) ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER THIS
PARAGRAPH SHALL BE REQUIRED TO APPLY FOR FEDERAL PELL GRANT FUNDING AND
TUITION ASSISTANCE PROGRAM FUNDING. FUNDS AWARDED UNDER EITHER OR BOTH
SUCH PROGRAMS SHALL BE APPLIED TOWARDS THE COST OF TUITION PRIOR TO AN
AWARD UNDER THIS SUBPARAGRAPH.
(IV) STUDENTS SHALL BE RESPONSIBLE FOR ALL OTHER COSTS INCLUDING HOUS-
ING, FEES AND OTHER NON-TUITION RELATED CHARGES.
(V) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE SUBJECT TO TAXA-
TION.
S 4. Subdivision 1 of section 6304 of the education law is amended by
adding a new paragraph e to read as follows:
E. THE TRUSTEES, SPONSORS OR OTHER GOVERNING BODY OF A COMMUNITY
COLLEGE SHALL IMPLEMENT A PROGRAM TO PERMIT ANY STUDENT WHO HAS BEEN
ADMITTED TO SUCH COMMUNITY COLLEGE TO ATTEND WITHOUT THE PAYMENT OF
TUITION IF SUCH STUDENT FULFILLS THE REQUIREMENTS OF SUCH PROGRAM PURSU-
ANT TO THE PROVISIONS OF THIS PARAGRAPH.
(I) THE TRUSTEES SHALL PROVIDE AN APPLICATION PROCESS AND ADMINISTER
THE PROGRAM ACCORDING TO THE FOLLOWING CRITERIA:
(A) ANY STUDENT ELIGIBLE FOR RESIDENT TUITION RATES IS ELIGIBLE FOR
THIS PROGRAM.
S. 6511 4
(B) THE STUDENT SHALL BE REQUIRED TO PERFORM A MINIMUM OF TWO HUNDRED
FIFTY HOURS OF COMMUNITY SERVICE FOR EACH YEAR OF PARTICIPATION IN THE
PROGRAM. FOR STUDENTS ENROLLED IN A DESIGNATED SCIENCE, TECHNOLOGY,
ENGINEERING AND MATH (STEM) DEGREE PROGRAM SUCH SERVICE REQUIREMENT
SHALL BE ONE HUNDRED TWENTY-FIVE HOURS. THE STATE UNIVERSITY TRUSTEES
SHALL DETERMINE QUALIFYING STEM DEGREES AND PROGRAMS FOR EACH COMMUNITY
COLLEGE. THE PRESIDENT OR CHIEF ADMINISTRATOR OF EACH COMMUNITY COLLEGE
OR HIS OR HER DESIGNEE OR DESIGNEES SHALL BE AUTHORIZED TO ISSUE WAIVERS
WHICH PERMIT STUDENTS TO MEET THIS SERVICE REQUIREMENT BY PERFORMING
SERVICES FOR NON-QUALIFYING ORGANIZATIONS; PROVIDED THAT THE HOUR
REQUIREMENT IS MET AND SUCH PRESIDENT, CHIEF ADMINISTRATOR OR HIS OR HER
DESIGNEE OR DESIGNEES IS SATISFIED THAT THE WORK PERFORMED BENEFITS THE
COMMUNITY.
(C) A STUDENT SHALL BE REQUIRED TO SIGN A CONTRACT AGREEING TO RESIDE
IN NEW YORK STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF
HIS OR HER ACADEMIC PROGRAM.
(D) A STUDENT SHALL BE REQUIRED TO BE EMPLOYED IN NEW YORK STATE FOR A
PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF HIS OR HER ACADEMIC
PROGRAM.
(E) A STUDENT SHALL BE REQUIRED TO BE EMPLOYED FULL-TIME IN NEW YORK
STATE FOR A PERIOD OF FIVE YEARS SUBSEQUENT TO COMPLETION OF HIS OR HER
ACADEMIC PROGRAM. ANY PART-TIME OR COMBINATION OF PART-TIME AND
FULL-TIME EMPLOYMENT SHALL BE THE EQUIVALENT OF FIVE FULL-TIME YEARS.
ANY PERIOD OF TIME A STUDENT SPENDS UNEMPLOYED OR PURSUING A GRADUATE
DEGREE SHALL NOT PENALIZE A STUDENT FROM RECEIVING THE BENEFITS OF THIS
PROGRAM, BUT SHALL NOT CONTRIBUTE TO THE ACCRUAL OF THE REQUIREMENTS OF
THIS CLAUSE.
(F) STUDENTS SHALL BE REQUIRED TO COMPLETE THEIR DEGREE PROGRAM WITHIN
A MINIMUM PERIOD OF TIME TO BE SET BY THE TRUSTEES WHICH SHALL BE NO
LESS THAN ONE YEAR AND NO MORE THAN THREE YEARS.
(G) A STUDENT WHO BENEFITTED FROM THE PROGRAM OUTLINED IN THIS SUBPAR-
AGRAPH SHALL BE ALLOWED TO ATTEND AN OUT-OF-STATE GRADUATE SCHOOL WITH-
OUT ANY PENALTY IF SUCH STUDENT PURSUES A GRADUATE DEGREE. ONCE SUCH
STUDENT CONCLUDES HIS OR HER GRADUATE SCHOOL STUDIES, SUCH STUDENT SHALL
RETURN TO NEW YORK WITHIN ONE YEAR FOR RESIDENCY AND EMPLOYMENT, PER THE
PROGRAM'S REQUIREMENTS, OR ELSE THE UNDERGRADUATE BENEFIT WILL TURN INTO
A STUDENT LOAN PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS
PARAGRAPH.
(II) IF A STUDENT OR FORMER STUDENT FAILS TO FULFILL ANY OF THE
REQUIREMENTS SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE TRUS-
TEES SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF THE TUITION
WHICH WOULD HAVE BEEN PAID BY SUCH STUDENT, AS DETERMINED BY THE NEW
YORK STATE HIGHER EDUCATION SERVICES CORPORATION, PLUS INTEREST, ACCORD-
ING TO A SCHEDULE TO BE DETERMINED BY SUCH CORPORATION. SUCH REPAYMENT
MAY ALSO BE REQUIRED IF A RECIPIENT FAILS TO RESPOND TO REQUESTS FOR
INFORMATION NECESSARY TO DETERMINE CONTINUED ELIGIBILITY OR FOR ADMINIS-
TRATION OF THE PROGRAM.
(III) ANY STUDENT WHO ELECTS TO PARTICIPATE IN THE PROGRAM UNDER THIS
PARAGRAPH SHALL BE REQUIRED TO APPLY FOR FEDERAL PELL GRANT FUNDING AND
TUITION ASSISTANCE PROGRAM FUNDING. FUNDS AWARDED UNDER EITHER OR BOTH
SUCH PROGRAMS SHALL BE APPLIED TOWARDS THE COST OF TUITION PRIOR TO AN
AWARD UNDER THIS SUBPARAGRAPH.
(IV) STUDENTS SHALL BE RESPONSIBLE FOR ALL OTHER COSTS INCLUDING HOUS-
ING, FEES AND OTHER NON-TUITION RELATED CHARGES.
S 5. Subdivision 1 of section 6304 of the education law is amended by
adding a new paragraph a-1 to read as follows:
S. 6511 5
A-1. STATE FINANCIAL AID SHALL BE INCREASED ABOVE THE ONE-THIRD AMOUNT
OF OPERATING COSTS SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION BY AN
AMOUNT WHICH IS EQUAL TO THE COST OF TUITION AWARDED TO STUDENTS WHO
APPLY AND QUALIFY FOR THE PROGRAM SET FORTH IN PARAGRAPH E OF THIS
SUBDIVISION.
S 6. This act shall take effect April 1, 2015; 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 are authorized and directed to be made and completed on or
before such effective date.