S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6709
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2019
                                ___________
 
 Introduced  by M. of A. CRESPO, DE LA ROSA, RODRIGUEZ, PICHARDO, ARROYO,
   DILAN, DAVILA, RIVERA -- read once and referred to  the  Committee  on
   Higher Education
 
 AN  ACT to amend the education law, in relation to removing the require-
   ment that a 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.
                                                            LBD08175-01-9

 A. 6709                             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

 A. 6709                             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.