Assembly Bill A8403A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8403--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by M. of A. FORREST -- read once and referred to the Commit-
   tee on Higher Education -- recommitted  to  the  Committee  on  Higher
   Education  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the education law, in  relation  to  tuition  rates  for
   certain  students  who  are  not  residents  of the state but who have
   resided in the state for a certain period of time
 
   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 amended by chapter 669 of the laws of 2022,
 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 noncitizen 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13580-02-4
              

 A. 8403--A                          2

 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] 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 STATE-OPERATED INSTITUTION, A STATUTORY OR
 CONTRACT COLLEGE, A COMMUNITY COLLEGE, OR SUCH STUDENT'S APPLICATION FOR
 A CERTIFICATE OF RESIDENCE.
   § 2. Subdivision 5 of section 6301 of the education law, as amended by
 chapter 327 of the laws of 2002, the opening  paragraph  as  amended  by
 chapter 669 of the laws of 2022, 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] OR WHICHEVER IS EARLIER,
 immediately preceding the date of such person's registration in a STATE-
 OPERATED INSTITUTION, A STATUTORY OR CONTRACT COLLEGE,  OR  A  community
 college or, for the purposes of section sixty-three hundred five of this
 article,  [his  or  her]  SUCH PERSON'S 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
 noncitizen 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].  THE TERM  "RESIDENT"  SHALL
 ALSO  INCLUDE A PERSON WHO HAS RESIDED IN THE COUNTY, CITY, TOWN, INTER-
 MEDIATE SCHOOL DISTRICT, SCHOOL DISTRICT OR COMMUNITY COLLEGE REGION, AS
 THE CASE MAY BE, FOR A PERIOD OF AT LEAST SIX MONTHS IMMEDIATELY PRECED-
 ING THE DATE OF SUCH PERSON'S REGISTRATION IN A STATE-OPERATED  INSTITU-
 TION,  A  STATUTORY  OR  CONTRACT  COLLEGE, A COMMUNITY COLLEGE, OR SUCH
 PERSON'S APPLICATION FOR A CERTIFICATE OF RESIDENCE AND THE DATE OF SUCH
 PERSON'S REGISTRATION IN A STATE-OPERATED INSTITUTION,  A  STATUTORY  OR
 CONTRACT COLLEGE, OR A COMMUNITY COLLEGE OR, FOR THE PURPOSES OF SECTION
 SIXTY-THREE  HUNDRED FIVE OF THIS ARTICLE, SUCH PERSON'S APPLICATION FOR
 A. 8403--A                          3
 
 A CERTIFICATE OF RESIDENCE   IF  SUCH  PERSON  CAN  SHOW  THE  FOLLOWING
 DOCUMENTATION:
   (I)  AN EMPLOYMENT AUTHORIZATION DOCUMENT (EAD OR WORK PERMIT) (I-766)
 WITH THE FOLLOWING CODES: (A)(3) FOR REFUGEE,  (A)(5)  FOR  ASYLEE,  AND
 (A)(10) FOR WITHHOLDING OF DEPORTATION OR REMOVAL;
   (II) AN I-94 ARRIVAL/DEPARTURE RECORD WITH AN EMPLOYMENT AUTHORIZATION
 STAMP AND THE NOTATION "ASYLUM GRANTED" OR "REFUGEE GRANTED"; AND
   (III)  A  DECISION  FROM THE UNITED STATES CITIZENSHIP AND IMMIGRATION
 SERVICES OR THE IMMIGRATION JUDGE  GRANTING  ASYLUM  OR  WITHHOLDING  OF
 DEPORTATION OR REMOVAL.
   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]  SUCH  PERSON'S  application  for  a
 certificate of residence pursuant to section sixty-three hundred five of
 this  chapter,  the  charges to the counties of residence shall be allo-
 cated among the several counties proportional to the number  of  months,
 or major fraction thereof, of residence in each county.
   § 3. This act shall take effect immediately.