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This entry was published on 2022-12-16
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SECTION 6301
Definitions
Education (EDN) CHAPTER 16, TITLE 7, ARTICLE 126
§ 6301. Definitions. As used in this article, unless the context shall
otherwise require, the following terms shall mean:

1. "State university trustees." Board of trustees of the state
university.

2. "Community colleges." Colleges established and operated pursuant to
the provisions of this article, either individually or jointly, by
counties, cities, intermediate school districts, school districts
approved by the state university trustees, or individually by community
college regions approved by the state university trustees, and providing
two-year post secondary programs pursuant to regulations prescribed by
the state university trustees and receiving financial assistance from
the state therefor.

3. "Local sponsor." Any city, county, intermediate school district,
school district approved by the state university trustees, or community
college region approved by the state university trustees, sponsoring or
participating in the establishment or operation of a community college.

4. "Community college region." A community college local sponsor
composed of two or more contiguous counties, cities or school districts,
or any combination thereof, which are eligible to appoint members to a
community college regional board of trustees.

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 immediately preceding the
date of such person's registration in a community college or, for the
purposes of section sixty-three hundred five of this article, his or her
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
attendance at an institution or educational unit of the state university
within five years of receiving a New York state high school diploma; or

(ii) attended an approved New York state program for general
equivalency diploma exam preparation, received a general equivalency
diploma issued within New York state and applied for attendance at an
institution 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.

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 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 allocated among the
several counties proportional to the number of months, or major fraction
thereof, of residence in each county.

6. "Certificate of residence form". A standard form as developed by
the chancellor of the state university of New York, in conjunction with
the chancellor of the city university of New York.