S T A T E O F N E W Y O R K
________________________________________________________________________
10026
I N A S S E M B L Y
April 29, 2022
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to affidavits of the
lawful immigration status of certain students
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The closing paragraph of paragraph a and the closing para-
graph of paragraph b of subdivision 5 of section 661 of the education
law, as amended by chapter 26 of the laws of 2019, are amended to read
as follows:
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. SUCH AFFIDAVIT SHALL BE
PROVIDED IN A UNIFORM ONLINE FORMAT FOR QUALIFYING STUDENTS TO FILL OUT
AND SUBMIT TO THE INSTITUTION OF HIGHER EDUCATION.
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. SUCH AFFIDAVIT SHALL BE
PROVIDED IN A UNIFORM ONLINE FORMAT FOR QUALIFYING STUDENTS TO FILL OUT
AND SUBMIT TO THE INSTITUTION OF HIGHER EDUCATION.
§ 2. Section 355 of the education law is amended by adding a new
subdivision 22 to read as follows:
22. THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL
ESTABLISH A UNIFORM AFFIDAVIT TO BE PROVIDED IN AN ONLINE FORMAT TO ALL
STUDENTS WHO ARE REQUIRED TO FILE AN AFFIDAVIT WITH AN INSTITUTION OF
THE STATE UNIVERSITY STATING THAT SUCH STUDENT HAS FILED AN APPLICATION
TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICA-
TION AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11719-03-2
A. 10026 2
§ 3. 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. SUCH AFFIDAVIT SHALL BE PROVIDED IN A UNIFORM ONLINE
FORMAT FOR QUALIFYING STUDENTS TO FILL OUT AND SUBMIT TO THE INSTITUTION
OF HIGHER EDUCATION. The trustees shall not adopt changes in tuition
charges prior to the enactment of the annual budget. The board of trus-
tees 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 education. The board of trustees may conduct on a fee basis exten-
sion 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.
§ 4. 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. SUCH AFFIDAVIT SHALL BE PROVIDED IN A UNIFORM ONLINE
FORMAT FOR QUALIFYING STUDENTS TO FILL OUT AND SUBMIT TO THE INSTITUTION
OF HIGHER EDUCATION. Except as otherwise authorized in paragraph (a) of
this subdivision, the trustees shall not adopt changes in tuition charg-
es 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.
§ 5. The second undesignated paragraph of 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:
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. SUCH AFFIDAVIT SHALL BE
A. 10026 3
PROVIDED IN A UNIFORM ONLINE FORMAT FOR QUALIFYING STUDENTS TO FILL OUT
AND SUBMIT TO THE INSTITUTION OF HIGHER EDUCATION.
§ 6. The closing paragraph of paragraph (a) of subdivision 2 and the
closing paragraph of paragraph (a) of subdivision 3 of section 6455 of
the education law, as amended by chapter 26 of the laws of 2019, are
amended to read as follows:
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. SUCH AFFIDAVIT SHALL BE
PROVIDED IN A UNIFORM ONLINE FORMAT FOR QUALIFYING STUDENTS TO FILL OUT
AND SUBMIT TO THE INSTITUTION OF HIGHER EDUCATION.
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. SUCH AFFIDAVIT SHALL BE
PROVIDED IN A UNIFORM ONLINE FORMAT FOR QUALIFYING STUDENTS TO FILL OUT
AND SUBMIT TO THE INSTITUTION OF HIGHER EDUCATION.
§ 7. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that section three 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; provided
further, however, that the amendments to paragraph (a-1) of subdivision
7 of section 6206 of the education law made by section four of this act
shall not affect the repeal of such paragraph and shall be deemed
repealed therewith.