S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8049
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2025
                                ___________
 
 Introduced  by M. of A. FORREST -- read once and referred to the Commit-
   tee on Higher Education
 
 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]  REGISTERS  AS  AN  ENTERING  STUDENT,  OR  IS
 CURRENTLY  ENROLLED,  AT 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] AND SUCH STUDENT EITHER:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02949-02-5
              

 A. 8049                             2
 
   (I) MEETS THE REQUIREMENTS OF ITEMS (A) AND (B) OF THIS CLAUSE:
   (A) EITHER:
   (1) HAS A TOTAL ATTENDANCE OF, OR ATTAINED CREDITS EARNED WHILE IN NEW
 YORK  STATE  THAT  ARE  EQUIVALENT  TO,  TWO  OR MORE YEARS OF FULL-TIME
 ATTENDANCE AT ANY OF THE FOLLOWING  SCHOOLS  OR  COLLEGES  IN  NEW  YORK
 STATE:
   (I)  HIGH  SCHOOLS,  INCLUDING  HIGH SCHOOLS ESTABLISHED BY A BOARD OF
 EDUCATION, COUNTY OFFICE OF EDUCATION, UNIFIED SCHOOL DISTRICT  OR  HIGH
 SCHOOL DISTRICT, OR THE DEPARTMENT OF CORRECTIONS;
   (II) COMMUNITY COLLEGES; OR
   (III) A COMBINATION OF HIGH SCHOOLS AND COMMUNITY COLLEGES; OR
   (2) HAS THREE OR MORE YEARS OF FULL-TIME HIGH SCHOOL COURSEWORK IN NEW
 YORK STATE AND A TOTAL OF THREE OR MORE YEARS OF ATTENDANCE AT ELEMENTA-
 RY  SCHOOLS IN NEW YORK STATE, SECONDARY SCHOOLS IN NEW YORK STATE, OR A
 COMBINATION OF ELEMENTARY AND SECONDARY SCHOOLS IN NEW YORK STATE.
   FOR THE PURPOSES OF THIS ITEM:
   (A) FULL-TIME ATTENDANCE AT A COMMUNITY COLLEGE MEANS EITHER A MINIMUM
 OF TWELVE UNITS OF CREDIT PER SEMESTER OR QUARTER EQUIVALENT PER YEAR OR
 A MINIMUM OF FOUR HUNDRED TWENTY CLASS HOURS PER  YEAR  OR  SEMESTER  OR
 QUARTER EQUIVALENT; AND
   (B)  FULL-TIME  ATTENDANCE  AT  A  HIGH SCHOOL MEANS A MINIMUM OF FOUR
 HUNDRED TWENTY CLASS HOURS OF ATTENDANCE FOR EACH SCHOOL YEAR IN CLASSES
 OR COURSES; AND
   (B)(1) GRADUATES FROM A HIGH SCHOOL IN NEW YORK STATE OR HAS  ATTAINED
 THE EQUIVALENCY THEREOF; OR
   (2)  ATTAINED AN ASSOCIATE DEGREE FROM A COMMUNITY COLLEGE IN NEW YORK
 STATE; OR
   (3) HAS FULFILLED THE MINIMUM TRANSFER REQUIREMENTS ESTABLISHED FOR AN
 INSTITUTION OR EDUCATIONAL UNIT OF THE  STATE  UNIVERSITY  FOR  STUDENTS
 TRANSFERRING FROM A COMMUNITY COLLEGE IN NEW YORK STATE;  OR
   (II) HAS RESIDED IN THE STATE FOR A PERIOD OF AT LEAST ONE YEAR AND IN
 THE  COUNTRY,  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.
   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] THEIR
 immigration status, or will file such an application as soon as  [he  or
 she] SUCH STUDENT is eligible to do so AND THAT SUCH STUDENT 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  STUDENT'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-
 A. 8049                             3
 
 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]  REGISTERS  AS  AN  ENTERING  STUDENT,  OR  IS
 CURRENTLY  ENROLLED,  AT 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] AND SUCH STUDENT EITHER:
   A. MEETS THE REQUIREMENTS OF SUBPARAGRAPHS (I) AND (II) OF THIS  PARA-
 GRAPH:
   (I)(1)  HAS A TOTAL ATTENDANCE OF, OR ATTAINED CREDITS EARNED WHILE IN
 NEW YORK STATE THAT ARE EQUIVALENT TO, TWO OR MORE  YEARS  OF  FULL-TIME
 ATTENDANCE  AT  ANY  OF  THE  FOLLOWING  SCHOOLS OR COLLEGES IN NEW YORK
 STATE:
   (I) HIGH SCHOOLS, INCLUDING HIGH SCHOOLS ESTABLISHED  BY  A  BOARD  OF
 EDUCATION,  COUNTY  OFFICE OF EDUCATION, UNIFIED SCHOOL DISTRICT OR HIGH
 SCHOOL DISTRICT, OR THE DEPARTMENT OF CORRECTIONS;
   (II) COMMUNITY COLLEGES; OR
   (III) A COMBINATION OF HIGH SCHOOLS AND COMMUNITY COLLEGES; OR
   (2) HAS THREE OR MORE YEARS OF FULL-TIME HIGH SCHOOL COURSEWORK IN NEW
 YORK STATE AND A TOTAL OF THREE OR MORE YEARS OF ATTENDANCE IN ELEMENTA-
 RY SCHOOLS IN NEW YORK STATE, SECONDARY SCHOOLS IN NEW YORK STATE, OR  A
 COMBINATION OF ELEMENTARY AND SECONDARY SCHOOLS IN NEW YORK STATE.
   FOR THE PURPOSES OF THIS SUBPARAGRAPH:
   (A) FULL-TIME ATTENDANCE AT A COMMUNITY COLLEGE MEANS EITHER A MINIMUM
 OF TWELVE UNITS OF CREDIT PER SEMESTER OR QUARTER EQUIVALENT PER YEAR OR
 A  MINIMUM  OF  FOUR  HUNDRED TWENTY CLASS HOURS PER YEAR OR SEMESTER OR
 QUARTER EQUIVALENT; AND
   (B) FULL-TIME ATTENDANCE AT A HIGH SCHOOL  MEANS  A  MINIMUM  OF  FOUR
 HUNDRED TWENTY CLASS HOURS OF ATTENDANCE FOR EACH SCHOOL YEAR IN CLASSES
 OR COURSES; AND
   (II)(1) GRADUATES FROM A HIGH SCHOOL IN NEW YORK STATE OR HAS ATTAINED
 THE EQUIVALENCY THEREOF; OR
   (2)  ATTAINED AN ASSOCIATE DEGREE FROM A COMMUNITY COLLEGE IN NEW YORK
 STATE; OR
   (3) HAS FULFILLED THE MINIMUM TRANSFER REQUIREMENTS ESTABLISHED FOR AN
 INSTITUTION OR EDUCATIONAL UNIT OF THE  STATE  UNIVERSITY  FOR  STUDENTS
 TRANSFERRING FROM A CAMPUS OF THE NEW YORK COMMUNITY COLLEGES; OR
   B.  HAS  RESIDED IN THE STATE FOR A PERIOD OF AT LEAST ONE YEAR AND IN
 THE COUNTRY, 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
 A. 8049                             4
 
 REGISTRATION  IN  A  STATE-OPERATED INSTITUTION, A STATUTORY OR CONTRACT
 COLLEGE, A COMMUNITY  COLLEGE,  OR  SUCH  STUDENT'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 COMMU-
 NITY COLLEGE OR, FOR THE PURPOSES OF SECTION SIXTY-THREE HUNDRED FIVE OF
 THIS  ARTICLE,  SUCH PERSON'S APPLICATION FOR 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.
   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]  THEIR immigration status, or will file such an
 application as soon as [he or she] SUCH STUDENT is eligible to do so.
   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] ARTICLE, 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.
   § 3. This act shall take effect immediately.