NY State Senate Bill 2023-S4170B

Archive: Last Bill Status - In Senate Committee Higher Education 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2024	print number 4170b
Jun 03, 2024	amend and recommit to higher education
Jan 03, 2024	referred to higher education
Jun 05, 2023	print number 4170a
Jun 05, 2023	amend (t) and recommit to higher education
Feb 03, 2023	referred to higher education

Bill Amendments

Original

B (Active)

co-Sponsors

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2023-S4170 - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §239-c, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8498
2025-2026: S2237

2023-S4170 - Summary

Enacts the "fair college admissions act"; prohibits legacy admissions policies at colleges and universities in New York; declares such policies and practices to be discriminatory and inequitable.

2023-S4170 - Sponsor Memo

                                 
BILL NUMBER: S4170

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the education law, in relation to prohibiting legacy
preference and early decision admission policies at higher education
institutions in this state

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit legacy preference and early admissions policies at under-
graduate institutions.

 
SUMMARY OF PROVISIONS:

Section one of the bill provides that this act shall be known as the
"Fair College Admissions Act."

Section two declares legislative intent.

Section three adds a new section 239-c to the Education Law to ban lega-

cy preference and early admissions, set penalties, and earmark penalty
funds.

Section four provides the effective date.

 
JUSTIFICATION:

Much has been written about the financial barriers low-income students
face when applying to college, particularly in regards to the most elite
institutions our nation and state have to offer. Perhaps equally impor-
tant, however, are the structural barriers they face in the form of
regressive college admittance policies such as legacy preference and
early decision. These policies, which played a role in approximately 50%
of current elite college and university students' acceptance, have the
effect of excluding access to these institutions for our state's
lowest-income students who are disproportionately likely to be first-
generation college students or unable to apply to early decision due to
a need to compare financial aid packages.

Legacy preference, in which colleges consider familial relationship to
existing alumni in their admittance decisions, has resulted in legacy
students being three times more likely to be accepted into a prestigious
institution than a non-legacy student with a similar academic back-
ground, according to a 2010 study. Virtually all top 100 private
colleges and universities nationwide have express alumni preference
policies, with legacies typically composing between 10 and 15 percent of
a freshman class, and there have been more white students admitted to
top ten universities benefitting from legacy preference than students of
color admitted under affirmative action.  The data show virtually no
elite college legacy students are low-income.

Early decision, meanwhile, has had an equally discriminatory impact.
Colleges that employ early decision policies allow students to apply in
November of their senior year in exchange for committing to attend that
institution if they are accepted. This deprives the student of the
opportunity to apply to other schools in search of a better financial
aid package and is thus a luxury that none but the wealthiest of appli-
cants can afford. Early decision enrollees are overwhelmingly white,
with higher incomes and parents with greater levels of education.
According to some studies, applying early decision is worth an extra 100
points on the SAT. Admissions officers routinely tell students that
applying early improves their chances of acceptance, and at the most
elite colleges, up to 50% of an incoming class is admitted by early
decision policy. Recently, the US Justice Department has even begun
investigating some colleges' early decision policies and their possible
violation of antitrust laws, as it appears that institutions may have
agreements with each other to share information about potential appli-
cants.

This bill would improve access to our state's highest-performing
colleges and universities by banning legacy preference and early deci-
sion outright. It would explicitly allow for the continuance of early
action, in which, distinct from early decision, students apply to a
college between October and November of their senior year under a non-
binding application, and are free to apply to other schools and compare
financial aid offers in the spring. This bill would specifically bar
colleges from asking about and considering where an applicant's parents
attended school, meaning they would not be allowed to include such a
question on their own application, or review the answers to such a ques-
tion on the Common App. Institutions found by the NYS Education Depart-
ment to be in violation of this prohibition face a penalty of 10% of the
prior year's number of full-time equivalent first-year students times
tuition and fees, and penalty money collected by NYSED would then be
distributed as TAP awards, which help subsidize tuition for students
earning $80,000 or less.

As the debate around college affordability and access continues to roil
our nation and state, a commonsense repeal of these regressive policies
will help level the playing field for all hoping to attend our state's
most celebrated and prestigious institutions. The direct correlation
between income mobility and a college degree is well-known, with New
York State residents with a bachelor's degree three times less likely to
live in poverty than those with a high school diploma. Additionally,
students who attend and graduate from a highly selective college in New
York are significantly more likely to earn salaries in the top income
quintile. This coupled with the fact that degree completion rates for
low-income students at these institutions is comparable to that of
students from wealthier backgrounds makes the clear case for a more open
and inclusive college admissions policies that favors academic perform-
ance over family history or generational wealth. The legislature has a
pivotal role to play in ensuring that the opportunities afforded by
these institutions are open to all, regardless of race, income, or fami-
ly legacy - and bills such as this are a critical first step in that
direction.

 
PRIOR LEGISLATIVE HISTORY:

2022: S8498 - Referred to Higher Education

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.

2023-S4170 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4170
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  MYRIE,  SEPULVEDA  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Higher Education
 
 AN  ACT  to  amend  the education law, in relation to prohibiting legacy
   preference and early decision admission policies at  higher  education
   institutions in this state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act may be known and shall  be  cited  as
 the "fair college admissions act".
   §  2.  Legislative  intent. a. The legislature hereby finds that there
 are significant income gains  associated  with  postsecondary  education
 degree  attainment,  with  New  York  state  residents with a bachelor's
 degree three times less likely to live in poverty than those with a high
 school diploma.
   b. The legislature further finds that students who attend and graduate
 from a highly selective higher education institution in the state of New
 York are much more likely to earn salaries in the  top  income  quintile
 than  those  who  graduate  from less selective institutions, furthering
 economic and social inequality.
   c. The legislature further finds that  within  most  highly  selective
 higher education institutions in New York state, degree completion rates
 for  students  from  low-income and working class family backgrounds are
 comparable to students from upper-income family backgrounds.
   d. The legislature further finds that many four-year higher  education
 institutions in New York state consider whether a prospective student is
 related to alumni as part of the admissions process.
   e. The legislature further finds that providing preferential treatment
 to  students  related  to  alumni  of  a higher education institution is
 discriminatory in nature and disproportionately hurts students who  come
 from  working  class  and  low-income families, have parents who did not
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03099-01-3

 S. 4170                             2
 
 earn a bachelor's degree, are  undocumented,  are  immigrants,  and  are
 members of historically underrepresented minority groups formerly denied
 entry  into specific higher education institutions either as a matter of
 institution  policy or the effect of historic underlying law and govern-
 ment practices.
   f. The legislature further finds that 30 percent  of  bachelor  degree
 granting institutions in the state of New York currently employ an early
 decision  admissions policy that allows students to apply in the fall of
 their senior year and receive an application  decision  by  December  in
 exchange  for  committing  to  attend  that institution and foregoing an
 opportunity to compare  financial  aid  packages  offered  by  competing
 institutions of higher education.
   g.  The legislature further finds that at a number of higher education
 institutions, particularly highly selective institutions with low  admit
 rates, between 40 and 50 percent of enrolled students are admitted early
 decision, and early decision applicants are more than twice as likely to
 be admitted.
   h.  The  legislature further finds that early decision admission poli-
 cies are discriminatory in nature, as they favor  students  with  strong
 college  advising  and  the ability to commit to a college or university
 without considering a financial aid package. They  put  first-generation
 students,  students  at  under-resourced high schools, and students from
 working class and low-income backgrounds at a disadvantage because  they
 lack  awareness  of the strategic benefit of applying early decision and
 do not have the luxury of committing to an institution  without  knowing
 the post-financial aid cost of attendance.
   i.  The  legislature further finds that inequitable, unfair admissions
 policies and practices such as legacy preference and early decision  are
 a  significant  factor  behind  disparities  in college enrollment among
 students from historically underserved  racial  and  economic  subgroups
 compared  to  their  more advantaged peers at selective higher education
 institutions.
   j. The legislature hereby declares that a prohibition on legacy  pref-
 erence   and  early  decision  admissions  policies  at  degree-granting
 colleges and universities in the state shall further the goals of educa-
 tional, economic, and social equity, helping to diversify highly  selec-
 tive  institutions  while  closing achievement gaps between historically
 advantaged and disadvantaged groups, and shall commit to  achieving  the
 same with the following provisions of this act.
   §  3.  The  education  law is amended by adding a new section 239-c to
 read as follows:
   § 239-C. PROHIBITION ON LEGACY PREFERENCE AND EARLY DECISION ADMISSION
 POLICIES. 1.  DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "CONSIDER  ALUMNI/AE  RELATION  AS  A FACTOR IN ADMISSIONS" SHALL
 REFER TO WHEN AN ADMISSIONS  APPLICATION  ASKS  APPLICANTS  TO  INDICATE
 WHERE  THEIR  RELATIVES  ATTENDED  COLLEGE  AND THAT SUCH INFORMATION IS
 INCLUDED AMONG THE DOCUMENTS THAT THE HIGHER EDUCATION INSTITUTION  USES
 TO CONSIDER AN APPLICANT FOR ADMISSION.
   (B) "EARLY ACTION" SHALL MEAN AN ADMISSIONS PLAN THAT ALLOWS A STUDENT
 TO  APPLY  AT  AN EARLIER STAGE OF THE ADMISSIONS PROCESS AND RECEIVE AN
 EXPEDITED ADMISSIONS DECISION BUT  DOES  NOT  REQUIRE  SUCH  STUDENT  TO
 COMMIT  TO  ATTEND  SUCH INSTITUTION UPON RECEIVING A DECISION OF ADMIT-
 TANCE.
   (C) "EARLY DECISION" SHALL MEAN  AN  ADMISSIONS  PLAN  THAT  ALLOWS  A
 STUDENT  TO  APPLY  AT  AN  EARLIER  STAGE OF THE ADMISSIONS PROCESS AND
 S. 4170                             3
 
 RECEIVE AN EXPEDITED ADMISSIONS DECISION  THAT  REQUIRES  SUCH  STUDENT,
 ABSENT UNIQUE CIRCUMSTANCES STIPULATED IN THE EARLY DECISION APPLICATION
 OR  OTHERWISE AGREED TO BY THE INSTITUTION, TO COMMIT TO ATTEND A HIGHER
 EDUCATION  INSTITUTION  SHOULD  SUCH STUDENT BE ADMITTED AND TO WITHDRAW
 ALL OTHER APPLICATIONS TO OTHER HIGHER EDUCATION INSTITUTIONS.
   (D) "HIGHER EDUCATION INSTITUTION" SHALL MEAN THE STATE UNIVERSITY  OF
 NEW  YORK, AS DEFINED IN SUBDIVISION ONE OF SECTION THREE HUNDRED FIFTY-
 TWO OF THIS CHAPTER, THE CITY UNIVERSITY OF NEW YORK, AS ESTABLISHED  IN
 SECTION  SIXTY-TWO  HUNDRED  THREE  OF  THIS CHAPTER, OR ANY INSTITUTION
 GIVEN THE POWER TO CONFER DEGREES IN THIS STATE BY THE BOARD OF  REGENTS
 AS PROVIDED IN SECTION TWO HUNDRED EIGHTEEN OF THIS ARTICLE.
   (E) "LEGACY PREFERENCE" SHALL MEAN A PREFERENCE IN ADMISSIONS GIVEN BY
 A HIGHER EDUCATION INSTITUTION TO APPLICANTS RELATED BY CONSANGUINITY OR
 AFFINITY TO ALUMNI OF SUCH INSTITUTION.
   2. PROHIBITION. NO HIGHER EDUCATION INSTITUTION IN THIS STATE SHALL:
   (A) CONSIDER ALUMNI/AE RELATION AS A FACTOR IN ADMISSIONS; OR
   (B)  EXECUTE  AN  EARLY  DECISION POLICY FOR UNDERGRADUATE ADMISSIONS.
 SUCH PROHIBITION SHALL NOT APPLY, HOWEVER, TO A HIGHER EDUCATION  INSTI-
 TUTION  THAT  ASKS APPLICANTS ABOUT RELATIONS TO ALUMNI OF SUCH INSTITU-
 TION AFTER AN OFFER OF ADMISSION AND FINANCIAL AID HAS BEEN ACCEPTED FOR
 THE PURPOSES OF DATA COLLECTION AND REPORTING.  FURTHERMORE, THE  PROHI-
 BITION  HEREIN  DESCRIBED  SHALL  NOT  BE CONSTRUED TO APPLY TO AN EARLY
 ACTION POLICY AS DEFINED IN PARAGRAPH (B) OF  SUBDIVISION  ONE  OF  THIS
 SECTION.
   3.  PENALTY.  A  VIOLATION  OF  SUBDIVISION  TWO OF THIS SECTION SHALL
 RESULT IN A CIVIL PENALTY OF A SUM EQUIVALENT  TO  TEN  PERCENT  OF  THE
 NUMBER OF FULL-TIME EQUIVALENT FIRST YEAR STUDENTS ENROLLED AT THE HIGH-
 ER EDUCATIONAL INSTITUTION THE YEAR PREVIOUS TO THE VIOLATION MULTIPLIED
 BY SUCH INSTITUTION'S PUBLISHED TUITION AND FEES.
   4.  DEDICATION OF PENALTY FUNDS. ALL PENALTIES PAID PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION SHALL BE ASSESSED BY THE  COMMISSIONER  AND
 DEPOSITED INTO THE GENERAL FUND OF THE STATE.  SUCH MONIES SHALL THEN BE
 USED  FOR  THE  DISBURSEMENT  OF TUITION ASSISTANCE AWARDS BY THE HIGHER
 EDUCATION SERVICES CORPORATION TO ELIGIBLE UNDERGRADUATE STUDENTS PURSU-
 ANT TO THE PROVISIONS OF SECTIONS SIX  HUNDRED  SIXTY-SIX,  SIX  HUNDRED
 SIXTY-SEVEN, SIX HUNDRED SIXTY-SEVEN-A, AND SIX HUNDRED SIXTY SEVEN-C OF
 THIS CHAPTER.
   §  4.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.  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
 to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2023-S4170A - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §239-c, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8498
2025-2026: S2237

2023-S4170A - Summary

Enacts the "fair college admissions act"; prohibits legacy admissions policies at colleges and universities in New York; declares such policies and practices to be discriminatory and inequitable.

2023-S4170A - Sponsor Memo

                                 
BILL NUMBER: S4170A                      revised 5/10/24

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the education law, in relation to prohibiting legacy
admission policies at higher education institutions in this state

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit legacy admissions policies at undergraduate institutions.

 
SUMMARY OF PROVISIONS:

Section one of the bill provides that this act shall be known as the
"Fair College Admissions Act."

Section two declares legislative intent.

Section three adds a new section 239-c to the Education Law to ban lega-
cy admissions, set penalties, and earmark penalty funds.

Section four provides the effective date.

 
JUSTIFICATION:

Much has been written about the financial barriers low-income students
face when applying to college, particularly in regards to the most elite
institutions our nation and state have to offer. Perhaps equally impor-
tant, however, are the structural barriers they face in the form of
regressive college admissions policies such as legacy preference. Legacy
admissions have the effect of excluding access to these institutions for
our state's lowest-income students who are disproportionately likely to
be first-generation college students.

Legacy admissions, in which colleges consider familial relationship to
existing alumni in their decisions, have resulted in legacy students
being three times more likely to be accepted into a prestigious institu-
tion than a non-legacy student with a similar academic background,
according to a 2010 study. Virtually all top 100 private colleges and
universities nationwide have express alumni preference policies, with
legacies typically composing between 10 and 15 percent of a freshman
class, and there have been more white students admitted to top ten
universities benefitting from legacy preference than students of color
admitted under affirmative action. The data show virtually no elite
college legacy students are low-income.

This bill would improve access to our state's highest-performing
colleges and universities by banning legacy admissions outright.This
bill would specifically bar colleges from asking about and considering
where an applicant's parents attended school, meaning they would not be
allowed to include such a question on their admissions applications. To
the extent that this question is self-reported on the Common App that a
college uses, the college will need to redact this information from a
student's file before reviewing it, in much the same way that they need
to suppress data on race and ethnicity in order to comply with the ban
on affirmative action established in Students for Fair Admissions v.
Harvard (2023). Enforcement could be conducted through the New York
State Education Department (NYSED)'s Office of College and University
Evaluation, which already has oversight over institutions of higher
education by registering their individual programs of study. Insti-
tutions found by NYSED to be in violation of this prohibition would face
a penalty of 10% of the prior year's number of full-time equivalent
first-year students times tuition and fees, and penalty money collected
by NYSED would then be redirected for TAP awards, which help subsidize
tuition for students earning $125,000 or less.

As the debate around college affordability and access continues to roil
our nation and state, a commonsense repeal of these regressive policies
will help level the playing field for all hoping to attend our state's
most celebrated and prestigious institutions. The correlation between
income mobility and a college degree is well-established, with New York
State residents with a bachelor's degree three times less likely to live
in poverty than those with a high school diploma. Additionally, students
who attend and graduate from a highly selective college in New York are
significantly more likely to earn salaries in the top income quintile.
This coupled with the fact that degree completion rates for low-income
students at these institutions is comparable to that of students from
wealthier backgrounds makes the clear case for a more open and inclusive
college admissions policies that favors academic performance over family
history or generational wealth. The legislature has a pivotal role to
play in ensuring that the opportunities afforded by these institutions
are open to all, regardless of race, income, or family heritage - and
bills such as this are a critical first step in that direction.

 
PRIOR LEGISLATIVE HISTORY:

2023: S4170A - Referred to Higher Education
2022: S8498 - Referred to Higher Education

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.

2023-S4170A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4170--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  CHU,  CLEARE,  COMRIE,  MYRIE, RAMOS,
   SEPULVEDA -- read twice and ordered printed, and when  printed  to  be
   committed   to   the   Committee  on  Higher  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the education law, in  relation  to  prohibiting  legacy
   admission policies at higher education institutions in this state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act may be known and shall  be  cited  as
 the "fair college admissions act".
   §  2.  Legislative  intent. a. The legislature hereby finds that there
 are significant income gains  associated  with  postsecondary  education
 degree  attainment,  with  New  York  state  residents with a bachelor's
 degree three times less likely to live in poverty than those with a high
 school diploma.
   b. The legislature further finds that students who attend and graduate
 from a highly selective higher education institution in the state of New
 York are much more likely to earn salaries in the  top  income  quintile
 than  those  who  graduate  from less selective institutions, furthering
 economic and social inequality.
   c. The legislature further finds that  within  most  highly  selective
 higher education institutions in New York state, degree completion rates
 for  students  from  low-income and working class family backgrounds are
 comparable to students from upper-income family backgrounds.
   d. The legislature further finds that many four-year higher  education
 institutions in New York state consider whether a prospective student is
 related to alumni as part of the admissions process.
   e. The legislature further finds that providing preferential treatment
 to  students  related  to  alumni  of  a higher education institution is
 discriminatory in nature and disproportionately hurts students who  come
 from  working  class  and  low-income families, have parents who did not
 earn a bachelor's degree, are  undocumented,  are  immigrants,  and  are
 members of historically underrepresented minority groups formerly denied

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03099-02-3
 S. 4170--A                          2
 
 entry  into specific higher education institutions either as a matter of
 institution policy or the effect of historic underlying law and  govern-
 ment practices.
   f.  The  legislature further finds that inequitable, unfair admissions
 policies and practices such as legacy consideration  are  a  significant
 factor  behind  disparities  in  college  enrollment among students from
 historically underserved racial and economic subgroups compared to their
 more advantaged peers at selective higher education institutions.
   g. The legislature hereby declares that a prohibition on legacy admis-
 sion policies at degree-granting colleges and universities in the  state
 shall  further  the  goals  of educational, economic, and social equity,
 helping  to  diversify  highly  selective  institutions  while   closing
 achievement  gaps  between  historically  advantaged  and  disadvantaged
 groups, and shall commit  to  achieving  the  same  with  the  following
 provisions of this act.
   §  3.  The  education  law is amended by adding a new section 239-c to
 read as follows:
   § 239-C. PROHIBITION ON LEGACY ADMISSION POLICIES. 1.  DEFINITIONS. AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (A) "CONSIDER ALUMNI/AE RELATION AS  A  FACTOR  IN  ADMISSIONS"  SHALL
 REFER  TO  WHEN  AN  ADMISSIONS  APPLICATION ASKS APPLICANTS TO INDICATE
 WHERE THEIR RELATIVES ATTENDED COLLEGE  AND  THAT  SUCH  INFORMATION  IS
 INCLUDED  AMONG THE DOCUMENTS THAT THE HIGHER EDUCATION INSTITUTION USES
 TO CONSIDER AN APPLICANT FOR ADMISSION.
   (B) "HIGHER EDUCATION INSTITUTION" SHALL MEAN THE STATE UNIVERSITY  OF
 NEW  YORK, AS DEFINED IN SUBDIVISION ONE OF SECTION THREE HUNDRED FIFTY-
 TWO OF THIS CHAPTER, THE CITY UNIVERSITY OF NEW YORK, AS ESTABLISHED  IN
 SECTION  SIXTY-TWO  HUNDRED  THREE  OF  THIS CHAPTER, OR ANY INSTITUTION
 GIVEN THE POWER TO CONFER DEGREES IN THIS STATE BY THE BOARD OF  REGENTS
 AS PROVIDED IN SECTION TWO HUNDRED EIGHTEEN OF THIS ARTICLE.
   2.  PROHIBITION.  NO  HIGHER EDUCATION INSTITUTION IN THIS STATE SHALL
 CONSIDER ALUMNI/AE RELATION AS A FACTOR IN ADMISSIONS.  SUCH PROHIBITION
 SHALL NOT APPLY, HOWEVER, TO A HIGHER EDUCATION  INSTITUTION  THAT  ASKS
 APPLICANTS  ABOUT  RELATIONS  TO  ALUMNI/AE OF SUCH INSTITUTION AFTER AN
 OFFER OF ADMISSION AND FINANCIAL AID HAS BEEN ACCEPTED FOR THE  PURPOSES
 OF DATA COLLECTION AND REPORTING.
   3.  PENALTY.  A  VIOLATION  OF  SUBDIVISION  TWO OF THIS SECTION SHALL
 RESULT IN A CIVIL PENALTY OF A SUM EQUIVALENT  TO  TEN  PERCENT  OF  THE
 NUMBER OF FULL-TIME EQUIVALENT FIRST YEAR STUDENTS ENROLLED AT THE HIGH-
 ER EDUCATIONAL INSTITUTION THE YEAR PREVIOUS TO THE VIOLATION MULTIPLIED
 BY SUCH INSTITUTION'S PUBLISHED TUITION AND FEES.
   4.  DEDICATION OF PENALTY FUNDS. ALL PENALTIES PAID PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION SHALL BE ASSESSED BY THE  COMMISSIONER  AND
 DEPOSITED INTO THE GENERAL FUND OF THE STATE.  SUCH MONIES SHALL THEN BE
 USED  FOR  THE  DISBURSEMENT  OF TUITION ASSISTANCE AWARDS BY THE HIGHER
 EDUCATION SERVICES CORPORATION TO ELIGIBLE UNDERGRADUATE STUDENTS PURSU-
 ANT TO THE PROVISIONS OF SECTIONS SIX  HUNDRED  SIXTY-SIX,  SIX  HUNDRED
 SIXTY-SEVEN, SIX HUNDRED SIXTY-SEVEN-A, AND SIX HUNDRED SIXTY SEVEN-C OF
 THIS CHAPTER.
   §  4.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.  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
 to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2023-S4170B (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §239-c, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8498
2025-2026: S2237

2023-S4170B (ACTIVE) - Summary

Enacts the "fair college admissions act"; prohibits legacy admissions policies at colleges and universities in New York; declares such policies and practices to be discriminatory and inequitable.

2023-S4170B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4170B

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the education law, in relation to prohibiting legacy
admission policies at higher education institutions in this state

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit legacy admissions policies at undergraduate institutions.

 
SUMMARY OF PROVISIONS:

Section one of the bill provides that this act shall be known as the
"Fair College Admissions Act."

Section two declares legislative intent.

Section three adds a new section 239-c to the Education Law to ban lega-
cy admissions and set penalties after an opportunity for a hearing.

Section four provides the effective date.

 
JUSTIFICATION:

Much has been written about the financial barriers low-income students
face when applying to college, particularly in regards to the most elite
institutions our nation and state have to offer. Perhaps equally impor-
tant, however, are the structural barriers they face in the form of
regressive college admissions policies such as legacy preference. Legacy
admissions have the effect of excluding access to these institutions for
our state's lowest-income students who are disproportionately likely to
be first-generation college students.

Legacy admissions, in which colleges consider familial relationship to
existing alumni in their decisions, have resulted in legacy students
being three times more likely to be accepted into a prestigious institu-
tion than a non-legacy student with a similar academic background,
according to a 2010 study. Virtually all top 100 private colleges and
universities nationwide have express alumni preference policies, with
legacies typically composing between 10 and 15 percent of a freshman
class, and there have been more white students admitted to top ten
universities benefitting from legacy preference than students of color
admitted under affirmative action. The data show virtually no elite
college legacy students are low-income.

This bill would improve access to our state's highest-performing
colleges and universities by banning legacy admissions outright.This
bill would specifically bar colleges from asking about and considering
where an applicant's parents attended school, meaning they would not be
allowed to include such a question on their admissions applications. To
the extent that this question is self-reported on the Common App that a
college uses, the college will need to redact this information from a
student's file before reviewing it, in much the same way that they need
to suppress data on race and ethnicity in order to comply with the ban
on affirmative action established in Students for Fair Admissions v.
Harvard (2023).  Enforcement could be conducted through the New York
State Education Department (NYSED)'s Office of College and University
Evaluation, which already has oversight over institutions of higher
education by registering their individual programs of study. Insti-
tutions found by NYSED after a hearing to be engaging in a pattern or
practice of violation would face a penalty $50,000 for a pattern or
practice of violations.

As the debate around college affordability and access continues to roil
our nation and state, a commonsense repeal of these regressive policies
will help level the playing field for all hoping to attend our state's
most celebrated and prestigious institutions. The correlation between
income mobility and a college degree is well-established, with New York
State residents with a bachelor's degree three times less likely to live
in poverty than those with a high school diploma. Additionally, students
who attend and graduate from a highly selective college in New York are
significantly more likely to earn salaries in the top income quintile.
This coupled with the fact that degree completion rates for low-income
students at these institutions is comparable to that of students from
wealthier backgrounds makes the clear case for a more open and inclusive
college admissions policies that favors academic performance over family
history or generational wealth. The legislature has a pivotal role to
play in ensuring that the opportunities afforded by these institutions
are open to all, regardless of race, income, or family heritage - and
bills such as this are a critical first step in that direction.

 
PRIOR LEGISLATIVE HISTORY:

2023: S4170A - Referred to Higher Education

2022: S8498 - Referred to Higher Education

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.

2023-S4170B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4170--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by Sens. GOUNARDES, CHU, CLEARE, COMRIE, FERNANDEZ, HOYLMAN-
   SIGAL, JACKSON, MAY, MYRIE, RAMOS, SALAZAR, SEPULVEDA, SKOUFIS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Higher Education -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   recommitted  to  the  Committee on Higher Education in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the education law, in relation to prohibiting legacy
   admission policies at higher education institutions in this state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "fair college admissions act".
   § 2. Legislative intent. a. The legislature hereby  finds  that  there
 are  significant  income  gains  associated with postsecondary education
 degree attainment, with New  York  state  residents  with  a  bachelor's
 degree three times less likely to live in poverty than those with a high
 school diploma.
   b. The legislature further finds that students who attend and graduate
 from a highly selective higher education institution in the state of New
 York  are  much  more likely to earn salaries in the top income quintile
 than those who graduate from  less  selective  institutions,  furthering
 economic and social inequality.
   c.  The  legislature  further  finds that within most highly selective
 higher education institutions in New York state, degree completion rates
 for students from low-income and working class  family  backgrounds  are
 comparable to students from upper-income family backgrounds.
   d.  The legislature further finds that many four-year higher education
 institutions in New York state consider whether a prospective student is
 related to alumni as part of the admissions process.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03099-10-4

 S. 4170--B                          2
 
   e. The legislature further finds that providing preferential treatment
 to students related to alumni  of  a  higher  education  institution  is
 discriminatory  in nature and disproportionately hurts students who come
 from working class and low-income families, have  parents  who  did  not
 earn  a  bachelor's  degree,  are  undocumented, are immigrants, and are
 members of historically underrepresented minority groups formerly denied
 entry into specific higher education institutions either as a matter  of
 institution  policy or the effect of historic underlying law and govern-
 ment practices.
   f. The legislature further finds that inequitable,  unfair  admissions
 policies  and  practices  such as legacy consideration are a significant
 factor behind disparities in  college  enrollment  among  students  from
 historically underserved racial and economic subgroups compared to their
 more advantaged peers at selective higher education institutions.
   g. The legislature hereby declares that a prohibition on legacy admis-
 sion  policies at degree-granting colleges and universities in the state
 shall further the goals of educational,  economic,  and  social  equity,
 helping   to  diversify  highly  selective  institutions  while  closing
 achievement  gaps  between  historically  advantaged  and  disadvantaged
 groups,  and  shall  commit  to  achieving  the  same with the following
 provisions of this act.
   § 3. The education law is amended by adding a  new  section  239-c  to
 read as follows:
   § 239-C. PROHIBITION ON LEGACY ADMISSION POLICIES. 1.  DEFINITIONS. AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (A)  "CONSIDER  ALUMNI/AE  RELATION  AS  A FACTOR IN ADMISSIONS" SHALL
 REFER TO WHEN AN ADMISSIONS  APPLICATION  ASKS  APPLICANTS  TO  INDICATE
 WHERE  THEIR  RELATIVES  ATTENDED  COLLEGE  AND THAT SUCH INFORMATION IS
 INCLUDED AMONG THE DOCUMENTS THAT THE HIGHER EDUCATION INSTITUTION  USES
 TO CONSIDER AN APPLICANT FOR ADMISSION.
   (B)  "HIGHER EDUCATION INSTITUTION" SHALL MEAN THE STATE UNIVERSITY OF
 NEW YORK, AS DEFINED IN SUBDIVISION ONE OF SECTION THREE HUNDRED  FIFTY-
 TWO  OF THIS CHAPTER, THE CITY UNIVERSITY OF NEW YORK, AS ESTABLISHED IN
 SECTION SIXTY-TWO HUNDRED THREE OF  THIS  CHAPTER,  OR  ANY  INSTITUTION
 GIVEN  THE POWER TO CONFER DEGREES IN THIS STATE BY THE BOARD OF REGENTS
 AS PROVIDED IN SECTION TWO HUNDRED EIGHTEEN OF THIS ARTICLE.
   2. PROHIBITION. NO HIGHER EDUCATION INSTITUTION IN  THIS  STATE  SHALL
 CONSIDER  ALUMNI/AE RELATION AS A FACTOR IN ADMISSIONS.  A HIGHER EDUCA-
 TION INSTITUTION SHALL BE IN COMPLIANCE WITH THIS SECTION IF IT  REASON-
 ABLY  AND  IN  GOOD FAITH REDACTS, SUPPRESSES, OR OTHERWISE REMOVES SUCH
 INFORMATION ON ALUMNI/AE RELATION FROM THE  DOCUMENTS  THAT  THE  HIGHER
 EDUCATION INSTITUTION USES TO CONSIDER AN APPLICANT FOR ADMISSION.
   3. PENALTY. IF AFTER PROVIDING NOTICE AND AN OPPORTUNITY FOR A HEARING
 THE  DEPARTMENT  DETERMINES  THAT  A  HIGHER  EDUCATION  INSTITUTION HAS
 ENGAGED IN A KNOWING PATTERN OR PRACTICE OF VIOLATING THIS SECTION, THEN
 SUCH INSTITUTION MAY BE LIABLE FOR A CIVIL PENALTY NOT TO  EXCEED  FIFTY
 THOUSAND DOLLARS.
   §  4.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.  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
 to be made and completed on or before such effective date.

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