NY State Senate Bill 2019-S8735

Senate Bill S8735

2019-2020 Legislative Session

Relates to removing the requirement of students without lawful immigration status from having to file an affidavit with an educational institution; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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
Jul 13, 2020	referred to rules

2019-S8735 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Rpld §355 sub 2 ¶ h sub¶ 8, §661 sub 5 ¶ a sub¶ (ii) cl ¶, §661 sub 5 ¶ b sub¶ (ii) cl ¶, §6455 sub 2 ¶ (a) sub¶ (ii) cl ¶, §6455 sub 3 ¶ (a) sub¶ (ii) cl ¶, amd §§6206 & 6301, Ed L

2019-S8735 (ACTIVE) - Summary

Removes the requirement of students without lawful immigration status from having to file an affidavit with an educational institution.

2019-S8735 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8735

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the education law, in relation to removing the require-
ment of students without lawful immigration status from having to file
an affidavit with an educational institution and to repeal certain
provisions of such law relating thereto

 
PURPOSE:

The purpose of this bill is to remove the affidavit requirements in the
Education Law for undocumented students.

 
SUMMARY OF PROVISIONS:

Amends sections 355, 661, 6206, 6301, and 6455 of the education law,
adding subdivision 5 removing the provision that a student without
lawful immigration status is 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.

 
JUSTIFICATION:

Back in 2002, when the high school rule was enacted, the legislative
intent states that what is known as the "high school rule" to allow
immigrant students and other students to pay the in-state tuition rate,
was predicated on inclusion. It also states that this affidavit require-
ment was to "ensure compliance with immigration laws, by requiring immi-
grant students to demonstrate that they have taken appropriate steps to
legalize their immigration status." This was predicated on similar
legislation enacted in Texas and California.  However, the affidavit is
not an explicit requirement of Federal law, and in current times,
creates significant immigration related issues for individuals working
at institutions, and can create a significant bar to students applying
for in-state tuition due to fear of disclosure of such immigration
status.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8735 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8735
 
                             I N  S E N A T E
 
                               July 13, 2020
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to removing the  require-
   ment of students without lawful immigration status from having to file
   an  affidavit  with  an  educational institution and to repeal certain
   provisions 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.  The closing paragraph of subparagraph 8 of paragraph h of
 subdivision 2 of section 355 of the education law is REPEALED.
   § 2. The closing paragraph of subparagraph  (ii)  of  paragraph  a  of
 subdivision 5 of section 661 of the education law is REPEALED.
   §  3.  The  closing  paragraph  of subparagraph (ii) of paragraph b of
 subdivision 5 of section 661 of the education law is REPEALED.
   § 4. The closing paragraph  of  paragraph  (a)  of  subdivision  7  of
 section 6206 of the education law, as amended by chapter 327 of the laws
 of 2002, is amended to read as follows:
   [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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16866-01-0

 S. 8735                             2
 
 for  student  government  and  other  student activities and receive and
 expend them as agent or trustee.
   §  5.  The  closing  paragraph  of paragraph (a-1) of subdivision 7 of
 section 6206 of the education law, as amended by chapter 260 of the laws
 of 2011, is amended to read as follows:
   [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.] Except as otherwise authorized in paragraph (a)  of  this
 subdivision,  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
 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.
   § 6. 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.]

 S. 8735                             3
 
   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,  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.
   § 7. The closing paragraph of subparagraph (ii) of  paragraph  (a)  of
 subdivision 2 of section 6455 of the education law is REPEALED.
   §  8.  The  closing paragraph of subparagraph (ii) of paragraph (a) of
 subdivision 3 of section 6455 of the education law is REPEALED.
   § 9. This act shall take effect immediately, provided,  however,  that
 the  amendments to paragraph (a) of subdivision 7 of section 6206 of the
 education law made by section four of this act shall take effect on  the
 same  date  as the reversion of such paragraph as provided in section 16
 of chapter 260 of the laws of 2011, as amended, provided, further,  that
 the  amendments made to paragraph (a-1) of subdivision 7 of section 6206
 of the education law by section five of this act shall  not  affect  the
 expiration of such paragraph and shall be deemed to expire therewith.

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