NY State Senate Bill 2017-S8224

Senate Bill S8224

2017-2018 Legislative Session

Relates to removing the requirement that student without a lawful immigration status must file an affidavit committing to obtaining a lawful immigration status

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 19, 2018	referred to higher education

co-Sponsors

2017-S8224 (ACTIVE) - Details

See Assembly Version of this Bill:: A9850
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355, 6206 & 6301, Ed L
Versions Introduced in 2019-2020 Legislative Session:: A6709

2017-S8224 (ACTIVE) - Summary

Removes the requirement that a student without a lawful immigration status must file an affidavit committing to obtaining a lawful immigration status.

2017-S8224 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8224

SPONSOR: ALCANTARA
 
TITLE OF BILL:  An act to amend the education law, in relation to
removing the requirement that student without a lawful immigration
status must file an affidavit committing to obtaining a lawful immi-
gration status

 
PURPOSE OR GENERAL IDEA OF THE BILL:

Relates to removing the requirement that student without a lawful status
must file an affidavit with college campus to qualify for in-state-tui-
tion. These students already meet qualifying criteria.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Subparagraph 8 of paragraph h of subdivision 2 of section 355
of the education law, as added by Chapter 327 of the laws of 2002 is
amended to remove the requirement that an affidavit is filed with the
campus that the student has filed an application to legalize his or her
status in order to qualify of in-state-tuition.

Section 2: Paragraph (a) of subdivision 7 of section 6206 of the educa-
tion law as amended by chapter 327 of the laws of 2002 and the opening
paragraph as amended by section 4 of chapter 437 of the laws of 2015 is
amended to remove the requirement that an affidavit is filed with the
campus that the student has filed an application to legalize his or her
status in order to qualify of in-state-tuition.

Section 3: Subdivision 5 of section 6301 of the education law as amended
by chapter 327 of the laws of 2002 is amended to remove the requirement
that an affidavit is filed with the campus that the student has filed an
application to legalize his or her status in order to qualify of
in-state-tuition.

 
JUSTIFICATION:

In 2002, Governor George E. Pataki signed into law legislation sponsored
by members of the New York State Assembly Puerto Rican/Hispanic Task
Force which granted undocumented youth residing in the State with
in-state-tuition benefits.

The legislation and new law put in place specific criteria for qualify-
ing for in-state-tuition. However, over the past few years, college
students without legal status (Dreamers) who reside in New York, have
graduated high school or completed at least two years of high school and
meet all of the laws criteria for in-state-tuition have been under a
siege of fear.

Mass deportations under the Obama Administration and the proliferation
of anti-immigrant sentiments under the Trump Administration have scared
these high school graduates who want to attend college to apply for the
in-state-tuition because of a requirement that they file an affidavit
with their college campus that they will seek to legalize their status.

College counselors and financial aid staff have been reporting that
students are afraid to file these affidavits from fear of persecution
and many are opting to not attending college because of the high cost of

not qualifying for in-state-tuition. Others are getting into huge finan-
cial debt base on not filing the affidavit out of fear.

This legislation is a simple fix to a growing problem and removes the
need to file such an affidavit while maintaining in law all other
requirements for the in-state-tuition. Since 2002, New York State has
already acknowledged the value to our society of having Dreamers afford
access and graduate from college. This simple change in law will
strengthen that acknowledgement.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation, Amends Chapter 327 of the Laws of 2002 that granted
instate-tuition to Dreamers.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

NONE

 
EFFECTIVE DATE:
Immediately provided, however, that amendments made to Section 2 shall
take effect on the same day as the revisions to other listed sections of
law.

2017-S8224 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8224
 
                             I N  S E N A T E
 
                              April 19, 2018
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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 removing the require-
   ment that student without a lawful immigration  status  must  file  an
   affidavit committing to obtaining a lawful immigration status

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 8 of paragraph h of subdivision 2  of  section
 355  of  the education law, as added by chapter 327 of the laws of 2002,
 is amended to read as follows:
   (8) Such regulations shall further provide that the payment of tuition
 and fees by any student who is not a resident of New York  state,  other
 than  a  non-immigrant  alien  within  the  meaning of paragraph (15) of
 subsection (a) of section 1101 of title 8 of  the  United  States  Code,
 shall  be  paid  at  a  rate  or charge no greater than that imposed for
 students who are residents of the state if such student:
   (i) attended an approved New York high school for two or  more  years,
 graduated  from an approved New York high school and applied for attend-
 ance at an institution or educational unit of the state university with-
 in five years of receiving a New York state high school diploma; or
   (ii) attended an approved New York state program  for  general  equiv-
 alency  diploma exam preparation, received a general equivalency diploma
 issued within New York state and applied for attendance at  an  institu-
 tion  or  educational  unit of the state university within five years of
 receiving a general equivalency diploma issued within New York state; or
   (iii) was enrolled in an institution or educational unit of the  state
 university  in the fall semester or quarter of the two thousand one--two
 thousand two academic year and was authorized  by  such  institution  or
 educational  unit  to  pay  tuition  at  the  rate or charge imposed for
 students who are residents of the state.
   [A student without lawful immigration status shall also be required to
 file an affidavit with such institution or educational unit stating that
 the student has filed an application to legalize his or her  immigration

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

                                                            LBD13893-01-7

 S. 8224                             2

 status,  or will file such an application as soon as he or she is eligi-
 ble to do so.]
   §  2.  Paragraph (a) of subdivision 7 of section 6206 of the education
 law, as amended by chapter 327 of the laws of 2002 and the opening para-
 graph as amended by section 4 of chapter 437 of the  laws  of  2015,  is
 amended to read as follows:
   (a)  The  board  of  trustees  shall establish positions, departments,
 divisions and faculties; appoint and in accordance with  the  provisions
 of  law  fix  salaries  of instructional and non-instructional employees
 therein; establish and conduct courses and curricula;  prescribe  condi-
 tions of student admission, attendance and discharge; and shall have the
 power  to  determine  in its discretion whether tuition shall be charged
 and to regulate tuition charges, and  other  instructional  and  non-in-
 structional  fees and other fees and charges at the educational units of
 the city university. The trustees shall review  any  proposed  community
 college  tuition  increase  and the justification for such increase. The
 justification provided by the community college for such increase  shall
 include  a  detailed  analysis of ongoing operating costs, capital, debt
 service expenditures, and all revenues. The trustees shall not impose  a
 differential  tuition  charge  based  upon  need or income. All students
 enrolled in programs leading to like  degrees  at  the  senior  colleges
 shall  be  charged  a  uniform  rate of tuition, except for differential
 tuition rates  based  on  state  residency.  Notwithstanding  any  other
 provision of this paragraph, the trustees may authorize the setting of a
 separate  category  of  tuition  rate,  that  shall  be greater than the
 tuition rate for resident students and less than the  tuition  rate  for
 non-resident  students,  only for students enrolled in distance learning
 courses who are not residents of the state. The trustees  shall  further
 provide that the payment of tuition and fees by any student who is not a
 resident  of New York state, other than a non-immigrant alien within the
 meaning of paragraph (15) of subsection (a) of section 1101 of  title  8
 of  the United States Code, shall be paid at a rate or charge no greater
 than that imposed for students who are residents of the  state  if  such
 student:
   (i)  attended  an approved New York high school for two or more years,
 graduated from an approved New York high school and applied for  attend-
 ance at an institution or educational unit of the city university within
 five years of receiving a New York state high school diploma; or
   (ii)  attended  an  approved New York state program for general equiv-
 alency diploma exam preparation, received a general equivalency  diploma
 issued  within  New York state and applied for attendance at an institu-
 tion or educational unit of the city university  within  five  years  of
 receiving a general equivalency diploma issued within New York state; or
   (iii)  was  enrolled in an institution or educational unit of the city
 university in the fall semester or quarter of the two thousand  one--two
 thousand  two  academic  year  and was authorized by such institution or
 educational unit to pay tuition  at  the  rate  or  charge  imposed  for
 students who are residents of the state.
   [A student without lawful immigration status shall also be required to
 file an affidavit with such institution or educational unit 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  eligi-
 ble  to  do so.] The trustees shall not adopt changes in tuition charges
 prior to the enactment of the annual budget. The board of  trustees  may
 accept  as  partial  reimbursement  for the education of veterans of the
 armed forces of the United States who are otherwise qualified such  sums

 S. 8224                             3
 
 as  may  be authorized by federal legislation to be paid for such educa-
 tion. The board of trustees may conduct on a fee basis extension courses
 and courses for adult education  appropriate  to  the  field  of  higher
 education.  In  all  courses  and  courses  of  study  it  may,  in  its
 discretion, require students to pay library, laboratory, locker,  break-
 age and other instructional and non-instructional fees and meet the cost
 of  books and consumable supplies. In addition to the foregoing fees and
 charges, the board of trustees may impose and collect fees  and  charges
 for  student  government  and  other  student activities and receive and
 expend them as agent or trustee.
   § 3. Subdivision 5 of section 6301 of the education law, as amended by
 chapter 327 of the laws of 2002, is amended to read as follows:
   5. "Resident." A person who has resided in the state for a  period  of
 at  least  one  year  and in the county, city, town, intermediate school
 district, school district or community college region, as the  case  may
 be,  for a period of at least six months, both immediately preceding the
 date of such person's registration in a community college  or,  for  the
 purposes of section sixty-three hundred five of this article, his or her
 application for a certificate of residence; provided, however, that this
 term  shall include any student who is not a resident of New York state,
 other than a non-immigrant alien within the meaning of paragraph (15) of
 subsection (a) of section 1101 of title 8 of the United States Code,  if
 such student:
   (i)  attended  an approved New York high school for two or more years,
 graduated from an approved New York high school and applied for  attend-
 ance at an institution or educational unit of the state university with-
 in five years of receiving a New York state high school diploma; or
   (ii)  attended  an  approved New York state program for general equiv-
 alency diploma exam preparation, received a general equivalency  diploma
 issued  within  New York state and applied for attendance at an institu-
 tion or educational unit of the state university within  five  years  of
 receiving a general equivalency diploma issued within New York state; or
   (iii)  was enrolled in an institution or educational unit of the state
 university in the fall semester or quarter of the two thousand  one--two
 thousand  two  academic  year  and was authorized by such institution or
 educational unit to pay tuition  at  the  rate  or  charge  imposed  for
 students who are residents of the state.
   [Provided,  further,  that a student without lawful immigration status
 shall also be required to file an affidavit  with  such  institution  or
 educational  unit  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.]
   In the event that a person qualified as above for state residence, but
 has been a resident of two or more counties in the state during the  six
 months  immediately preceding his application for a certificate of resi-
 dence pursuant to section sixty-three hundred  five  of  this  [chapter]
 ARTICLE,  the  charges  to  the counties of residence shall be allocated
 among the several counties proportional to  the  number  of  months,  or
 major fraction thereof, of residence in each county.
   §  4.  This  act shall take effect immediately; provided, however, the
 amendments made by section two of this act shall take effect on the same
 date as the reversion of paragraph (a) of subdivision 7 of section  6206
 of  the  education  law  as provided in section 16 of chapter 260 of the
 laws of 2011, as amended.

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Senate Bill S8224

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Sponsored By

Marisol Alcantara