The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1250                                                   A. 782

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 11, 2019
                               ___________

IN  SENATE  --  Introduced by Sens. SEPULVEDA, BAILEY, BENJAMIN, BIAGGI,
  BRESLIN, BROOKS, CARLUCCI, COMRIE, GIANARIS, GOUNARDES, HOYLMAN, JACK-
  SON, KAMINSKY, KAPLAN, KAVANAGH, KRUEGER, LIU, MARTINEZ,  MAY,  MAYER,
  METZGER,  MONTGOMERY,  MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR,
  SANDERS, SAVINO, SERRANO, STAVISKY, STEWART-COUSINS,  THOMAS  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Higher Education

IN ASSEMBLY -- Introduced by M. of A. DE LA ROSA, HEASTIE, GLICK,  CRES-
  PO,   PEOPLES-STOKES,   RODRIGUEZ,  ORTIZ,  AUBRY,  GOTTFRIED,  RAMOS,
  O'DONNELL, LAVINE, QUART, THIELE, BENEDETTO, L. ROSENTHAL, M. G. MILL-
  ER, DenDEKKER, ABINANTI, PAULIN, PERRY, JAFFEE, CAHILL,  MOSLEY,  KIM,
  WEPRIN,  RIVERA,  ROZIC,  DINOWITZ,  ZEBROWSKI,  COLTON, DAVILA, FAHY,
  ARROYO, OTIS, BARRON, BICHOTTE,  BLAKE,  DILAN,  JEAN-PIERRE,  JOYNER,
  PICHARDO,  SEAWRIGHT,  SIMON, TITUS, WALKER, WEINSTEIN, HYNDMAN, NIOU,
  CARROLL,  DICKENS,  D'URSO,  BARNWELL,  VANEL,   TAYLOR,   RICHARDSON,
  D. ROSENTHAL,  SIMOTAS, FERNANDEZ, EPSTEIN, BRONSON, CRUZ, FALL, FRON-
  TUS, GRIFFIN, JACOBSON, LIFTON, McMAHON, REYES, ROMEO  --  Multi-Spon-
  sored by -- M. of A. BRAUNSTEIN, CYMBROWITZ, ENGLEBRIGHT, GALEF, HEVE-
  SI,  LENTOL,  NOLAN, PRETLOW, SOLAGES, STECK -- 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


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05294-03-9

S. 1250                             2                             A. 782

  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 "Jose
Peralta New York state DREAM act".
  § 2. The education law is amended by adding a  new  section  609-a  to
read as follows:
  §  609-A.  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;
  (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

S. 1250                             3                             A. 782

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;
  (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.
  § 3. Subdivision 3 of section 661 of the education law is REPEALED.
  § 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

S. 1250                             4                             A. 782

  (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
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  § 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 GRADUATE 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. 1250                             5                             A. 782

  § 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.
  § 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:
  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.
  §  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.
  § 9. Subdivision 7 of section 6206 of the education law is amended  by
adding a new paragraph (e) to read as follows:
  (E)  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.
  § 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)

S. 1250                             6                             A. 782

OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  §  11.  Paragraph  d of subdivision 3 of section 6451 of the education
law, as amended by chapter 494 of the laws of 2016, 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;
  § 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.
  §  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-

S. 1250                             7                             A. 782

TION  FOR  THE  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
FIVE 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.
  §  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 GRADUATE 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. 1250                             8                             A. 782

  § 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  NINE-
TEEN  THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN-
TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER  SHALL
BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
  §  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  NINETEEN  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
  §  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.
  § 18. This act shall take effect immediately; provided, however, that:
  (a) section two of this act shall take effect January 1, 2020;
  (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, four, five, six, seven, eight, nine, ten,  eleven,
twelve,  thirteen, fourteen, and seventeen of this act shall take effect
on the ninetieth day after the issuance of regulations and the  develop-
ment  of  an  application  form by the president of the higher education
services corporation and commissioner of education or on  the  ninetieth
day  after  it  shall  have  become  a  law,  whichever  shall be later;
provided, further, however  that  effective  immediately  the  addition,
amendment  and/or  repeal  of  any  rule or regulation necessary for the
implementation of this act on its  effective  date  are  authorized  and
directed  to  be  made  and  completed on or before such date; provided,
further, however, that the president of the  higher  education  services
corporation  and the commissioner of education shall notify the legisla-
tive 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.