S T A T E O F N E W Y O R K
________________________________________________________________________
4311
2015-2016 Regular Sessions
I N A S S E M B L Y
January 30, 2015
___________
Introduced by M. of A. MOYA -- Multi-Sponsored by -- M. of A. ARROYO,
AUBRY, BENEDETTO, BRENNAN, CAHILL, CLARK, CRESPO, CYMBROWITZ, DenDEKK-
ER, DINOWITZ, FARRELL, GOTTFRIED, HOOPER, JAFFEE, KAVANAGH, KIM,
LAVINE, LIFTON, MAYER, MILLER, NOLAN, O'DONNELL, ORTIZ, PAULIN, PERRY,
RAMOS, RIVERA, ROBERTS, ROBINSON, ROSENTHAL, RUSSELL, SCARBOROUGH,
SCHIMEL, SIMOTAS, THIELE, WEPRIN -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to creating the New York
DREAM fund commission; eligibility requirements and conditions govern-
ing 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 univer-
sity 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
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 the "New York
state DREAM Act".
S 2. The education law is amended by adding a new section 609 to read
as follows:
S 609. NEW YORK DREAM FUND COMMISSION. 1. (A) THERE SHALL BE CREATED
A NEW YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED TO ADVANCING
THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
(B) THE NEW YORK DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE
MEMBERS TO BE APPOINTED AS FOLLOWS:
(I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
(II) THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
THE SENATE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00326-01-5
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(III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
(IV) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE;
(V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY;
(C) TO THE EXTENT PRACTICABLE, MEMBERS OF SUCH COMMISSION SHALL
REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY
OF THE STATE.
(D) TO THE EXTENT PRACTICABLE, MEMBERS OF SUCH COMMISSION SHALL
INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS AND FACULTY, AND OTHER
INDIVIDUALS COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE
CHILDREN OF IMMIGRANTS.
(E) MEMBERS OF THE NEW YORK DREAM FUND COMMISSION SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES.
2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
(I) ADMINISTER THE PROVISIONS OF THIS SECTION;
(II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
(III) ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
ITY OF RAISING FUNDS FOR THE ADMINISTRATION OF THIS SECTION AND ANY
EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
TRATING AND FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
GRANTS TO THE UNITED STATES;
(IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
DREAM FUND;
(V) DEVELOP CRITERIA AND A SELECTION PROCESS FOR THE RECIPIENTS OF
SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
(VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
THE COSTS OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
GRANTS WITHIN HIGHER EDUCATION;
(VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR HIGH
SCHOOL COUNSELORS, ADMISSIONS OFFICERS, AND FINANCIAL AID OFFICERS OF
INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS SHALL INSTRUCT
PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE EXTENT PRACTICA-
BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
TO SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN TO
SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH
LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH LESSER
NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
(VIII) ESTABLISH A PUBLIC AWARENESS CAMPAIGN REGARDING EDUCATIONAL
OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE THE CHILDREN
OF IMMIGRANTS; AND
(IX) ESTABLISH, BY RULE, PROCEDURES FOR ACCEPTING AND EVALUATING
APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND ISSU-
ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
(B) TO RECEIVE A SCHOLARSHIP PURSUANT TO THIS SECTION, A STUDENT
APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
(I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE ATTENDING
A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
(II) HAVE GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
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(III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE FOR
AT LEAST TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
(IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
STATES.
(C) THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
SHALL BE FUNDED ENTIRELY BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND. NO FUNDS
OF THE NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
BE TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL
BE USED FOR ANY PURPOSE OTHER THAN THE PURPOSES SET FORTH IN THIS
SECTION.
3. THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
S 3. Subdivision 3 of section 661 of the education law is REPEALED.
S 4. 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 THE 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
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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 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 PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, AN 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
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 THE 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 6. 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 OR HER 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
SUBPARAGRAPH (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 7. 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:
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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 8. Paragraph h of subdivision 2 of section 355 of the education law
is amended by adding a new subparagraph 10 to read as follows:
(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 9. 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 10. 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 11. 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.
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S 12. 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
to criteria promulgated by such universities and approved by the regents
and the director of the budget.
S 13. 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,
ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS,
GRADUATED FROM AN APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL 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
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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. 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
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 UNDERGRADUATE 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 15. 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 FIFTEEN
THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-
TION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE
ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
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S 16. 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 FIFTEEN 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 17. The president of the higher education services corporation, in
consultation with the commissioner of education, shall establish an
application form and procedures that shall allow a student applicant
that meets the requirements set forth in subparagraph (ii) of paragraph
(a) or subparagraph (ii) of paragraph b of subdivision 5 of section 661
of the education law to apply directly to the higher education services
corporation or education department for applicable awards without having
to submit information to any other state or federal agency. All informa-
tion contained within the applications filed with such corporation or
department shall be deemed confidential.
S 18. This act shall take effect immediately; provided, however, that:
(a) section two of this act shall take effect January 1, 2016;
(b) sections fifteen and sixteen of this act shall take effect on the
ninetieth day after it shall have become a law; provided, however, that
any rule or regulation necessary for the timely implementation of this
act on its effective date shall be promulgated on or before such effec-
tive date; and
(c) sections three through fourteen and section seventeen of this act
shall take effect on the ninetieth day after the issuance of regulations
and the development of an application form by the president of the high-
er education services corporation and commissioner of education or on
the ninetieth day after it shall have become a law, whichever shall be
later; provided, however that effective immediately the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized and directed to
be made and completed on or before such date; provided, further, howev-
er, that the president of the higher education services corporation and
the commissioner of education shall notify the legislative bill drafting
commission upon the occurrence of the issuance of the regulations and
the development of an application form in order that the commission may
maintain an accurate and timely effective data base of the official text
of the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of the
public officers law.