S T A T E O F N E W Y O R K
________________________________________________________________________
4809
2025-2026 Regular Sessions
I N A S S E M B L Y
February 6, 2025
___________
Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to punitive measures and
the collection of student loans for individuals found guilty of anti-
Semitism
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 "anti-Semitism accountability and student loan repayment act".
§ 2. Section 665 of the education law is amended by adding a new
subdivision 6-a to read as follows:
6-A. STUDENTS FOUND GUILTY OF ANTI-SEMITISM. A. IF THE RECIPIENT OF AN
AWARD IS FOUND GUILTY OF ANTI-SEMITISM BY ANY ADMINISTRATIVE TRIBUNAL OR
COURT OF COMPETENT JURISDICTION, INCLUDING IN DISCIPLINARY PROCEEDINGS
BROUGHT BY A HIGHER EDUCATION INSTITUTION, THE PRESIDENT SHALL SUSPEND
FURTHER PAYMENTS UNDER THE AWARD UNTIL AND UNLESS THE STUDENT SHALL
REPAY IN FULL ALL EXISTING STUDENT LOANS OR OTHER STUDENT FINANCIAL AID
AWARDED PURSUANT TO THIS ARTICLE, AND THE PRESIDENT MAY REVOKE THE AWARD
IF THE RECIPIENT DOES NOT REPAY ALL EXISTING STUDENT LOANS OR OTHER
STUDENT FINANCIAL AID AWARDED PURSUANT TO THIS ARTICLE WITHIN A REASON-
ABLE TIME TO BE SET BY THE COMMISSIONER.
B. THE REPAYMENT REQUIRED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
SHALL NOT BE DEFERRED UNTIL AFTER SUCH RECIPIENT HAS COMPLETED THE
PROGRAM FOR WHICH ANY SUCH LOAN OR AWARD IS MADE.
C. FOR THE PURPOSES OF THIS SUBDIVISION, "ANTI-SEMITISM" SHALL MEAN:
(I) A VIOLATION OF ANY STATE LAW, RULE, OR REGULATION OR OF TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000D ET SEQ.) ON THE BASIS
OF RACE, COLOR, OR NATIONAL ORIGIN, BASED ON AN INDIVIDUAL'S ACTUAL OR
PERCEIVED SHARED JEWISH ANCESTRY OR JEWISH ETHNIC CHARACTERISTICS; OR
(II) A PRACTICE THAT IS DEFINED AS ANTI-SEMITISM AS SUCH TERM IS
DEFINED UNDER THE INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE ON MAY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07325-01-5
A. 4809 2
TWENTY-SIXTH, TWO THOUSAND SIXTEEN, INCLUDING CONTEMPORARY EXAMPLES OF
ANTI-SEMITISM.
D. THE PRESIDENT SHALL REPORT ALL SUSPENSIONS OR REVOCATIONS OF LOANS
OR AWARDS PURSUANT TO THIS SUBDIVISION TO THE DEPARTMENT ON AN ANNUAL
BASIS.
§ 3. Subdivision 7 of section 693 of the education law is amended by
adding a new paragraph (a-1) to read as follows:
(A-1) (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
CORPORATION SHALL BE ENTITLED TO GARNISH THE DISPOSABLE PAY OF AN INDI-
VIDUAL TO COLLECT THE AMOUNT OWED BY THE INDIVIDUAL, IF SUCH INDIVIDUAL
IS FOUND GUILTY OF ANTI-SEMITISM BY ANY ADMINISTRATIVE TRIBUNAL OR COURT
OF COMPETENT JURISDICTION, INCLUDING IN DISCIPLINARY PROCEEDINGS BROUGHT
BY A HIGHER EDUCATION INSTITUTION, PROVIDED THAT:
(A) THE AMOUNT DEDUCTED FOR ANY PAY PERIOD DOES NOT EXCEED FIFTEEN
PERCENT OF DISPOSABLE PAY. HOWEVER, THE AMOUNT DEDUCTED FOR ANY PERIOD
MAY EXCEED FIFTEEN PERCENT WITH THE WRITTEN CONSENT OF THE INDIVIDUAL;
(B) PRIOR TO GARNISHMENT, THE INDIVIDUAL SHALL HAVE BEEN GIVEN THIRTY
DAYS WRITTEN NOTICE TO THE INDIVIDUAL'S LAST KNOWN ADDRESS ADVISING SUCH
INDIVIDUAL OF THE NATURE OF THE OBLIGATION, AMOUNT OF THE LOAN OBLI-
GATION, THE CORPORATION'S INTENT TO GARNISH AND AN EXPLANATION OF THE
INDIVIDUAL'S RIGHTS UNDER THIS SECTION INCLUDING THE RIGHT TO INSPECT
AND COPY RECORDS RELATING TO THE DEBT; AND
(C) THE INDIVIDUAL SHALL HAVE BEEN GIVEN AN OPPORTUNITY WITHIN SUCH
THIRTY-DAY PERIOD TO ENTER INTO A WRITTEN REPAYMENT AGREEMENT WITH THE
CORPORATION TO AVOID GARNISHMENT OF WAGES.
(II) FOR THE PURPOSES OF THIS PARAGRAPH, "ANTI-SEMITISM" SHALL MEAN:
(A) A VIOLATION OF ANY STATE LAW, RULE, OR REGULATION OR OF TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000D ET SEQ.) ON THE BASIS
OF RACE, COLOR, OR NATIONAL ORIGIN, BASED ON AN INDIVIDUAL'S ACTUAL OR
PERCEIVED SHARED JEWISH ANCESTRY OR JEWISH ETHNIC CHARACTERISTICS; OR
(B) A PRACTICE THAT IS DEFINED AS ANTI-SEMITISM AS SUCH TERM IS
DEFINED UNDER THE INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE ON MAY
TWENTY-SIXTH, TWO THOUSAND SIXTEEN, INCLUDING CONTEMPORARY EXAMPLES OF
ANTI-SEMITISM.
(III) THE CORPORATION SHALL REPORT ALL INSTANCES OF WAGE GARNISHMENT
CONDUCTED PURSUANT TO THIS PARAGRAPH TO THE DEPARTMENT ON AN ANNUAL
BASIS.
§ 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.