Senate Bill S2061

                                 BILL NUMBER:  S2061

 TITLE OF BILL :  An act to amend the education law, in relation to
institutional requirements regarding nonimmigrant students

 PURPOSE :

Proves that institutions of higher education shall compile reports
regarding foreign students enrolled in such institutions.

This bill will require degree granting institutions in New York State,
who accept foreign students, to report to the State Police whenever a
foreign student has failed to maintain his or her legitimate status as
a foreign student at that institution. Currently foreign students that
are no longer attending school, have failed to appear or failed to
register for classes, are in violation of their student visa.  Current
law requires that the institution report this information to the U.S.
Department of Homeland Security. Although this becomes known to the
United States Department of Homeland Security, the college is not
required to make a proactive report to New York State enforcement
authorities.

The bill also requires a compilation of statistical data regarding the
number of foreign students at each college in New York State and the
programs they are enrolled in. Amendments to the bill make clear that
the police may only contact the federal authorities should they
              

encounter reported individuals. In addition, it makes it clear that
only statistical data should be collected, not names, addresses or
other information linked in any way to an individual.

 SUMMARY OF PROVISIONS :

Section 1. Provides that designated institutional officials report the
failure of a nonimmigrant student with a (F-1), (F-2), (M-1) or M-2)
visa to register or report for classes pursuant to federal law and to
the New York State Police. Additionally, provides that the State
Police shall notify federal authorities upon encountering such a
reported person but shall not hold that person without reasonable
suspicion that individual poses a direct threat to the safety of the
citizens of the State.

Section 2. Provides that every institution of higher education in New
York State shall maintain an updated document for each academic term
for enrolled nonimmigrant students containing the following
information: the number of graduate and undergraduate students by
country of origin and the number of students enrolled by degree
program and country of origin.

Section 3. Provides that the data collected pursuant to section 2 be
maintained in an electronic form which shall be submitted annually to
the State Education Department within ninety days of the end of each
academic year. Such information shall not include any identifying
student information.

Section 4. Provides that the Department of Education shall produce a
report, available upon request, summarizing the data provided in the
aforementioned sections.

Section 5. Provides that the Commissioner of the State Department of
Education, if it has been deemed an institution has violated the
provisions of this section, is authorized to, after providing the
institution with notice and the opportunity for a hearing, impose
corrective actions and/or fines not exceeding one thousand dollars per
violation or in the case of a repeated violation, not exceeding two
thousand dollars. Additionally, a second instance of violation shall

be reported by the commissioner to the United State Department of
Homeland Security.

 JUSTIFICATION :

New York State's colleges and universities have a long and proud
tradition of international cooperation and collaboration. New York
currently hosts 128,308 students on F and M visas from countries
around the world, providing them with a superior education in every
conceivable subject. However, the events on September 11, 2001 in New
York City and in San Bernardino, California on December 2, 2015 have
highlighted security concerns related to undocumented nonimmigrant
person in the United States.

A September 2014 news story by ABC revealed that there were over
58,000 students who have overstayed their visas in that year alone and
over 6,000 whose location is unknown. Additionally, 26 student visa
holders have been arrested in the U.S. on terror-related charges since
2001. New York State hosts the third highest number of international
students (over 130,000) each year among the U.S. states.

Colleges and universities who host students are currently required to
notify the Department of Homeland Security if a nonimmigrant students
fails to register or report for classes; this legislation extends that
notification to New York State Police and requires institutions of
higher education to maintain a database of the number of foreign
students at each college and programs in which they are enrolled.

 LEGISLATIVE HISTORY :

2015-16 S.218A;
2013-14 S.1565;
2011-12 S.3388;
2009-10 S.2523;
2007-2008, S.2602;
2005-2006, S.838-A;
2003-2004, S.345-A;
2001-2002, S.6043-B.

 FISCAL IMPLICATIONS :

None - All of the information required to be collected is already
being collected as required by federal law. The cost of filing the
information in electronic form is minimal. The cost of reporting those
very few students who have failed to comply with student visa rules
and regulations is minimal.

 EFFECTIVE DATE :
This act shall take effect on the first of August next succeeding the
date on which it shall have become a law.