A02597 Summary:

BILL NO    A02597A

SAME AS    SAME AS S02378-B, SAME AS A09640

SPONSOR    Moya (MS)

COSPNSR    Silver, Glick, Farrell, Crespo, Rodriguez, Ortiz, Aubry, Heastie,
           Gottfried, Jacobs, Ramos, Brennan, O'Donnell, Lavine, Quart, Roberts,
           Kavanagh, Scarborough, Thiele, Robinson, Benedetto, Rosenthal, Clark,
           Miller, DenDekker, Kellner, Abinanti, Paulin, Perry, Jaffee, Cahill,
           Mosley, Kim, Weprin, Schimel, Rivera, Rozic, Dinowitz, Sepulveda,
           Skartados, Zebrowski, Morelle, Colton, Davila, Fahy, Camara

MLTSPNSR   Braunstein, Cook, Cymbrowitz, Englebright, Galef, Hevesi, Hooper,
           Lentol, Lifton, Markey, Millman, Nolan, Peoples-Stokes, Pretlow,
           Solages, Titone

Add S609, rpld S661 sub 3, amd SS661, 355, 6206, 6305, 6451, 6452, 6455 &
695-e, Ed L

Enacts the New York state DREAM ACT by creating the New York DREAM fund
commission and amends eligibility requirements and conditions governing certain
awards.
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A02597 Actions:

BILL NO    A02597A

01/16/2013 referred to higher education
02/12/2013 reported referred to ways and means
04/30/2013 reported 
05/02/2013 advanced to third reading cal.246
05/21/2013 passed assembly
05/21/2013 delivered to senate
05/22/2013 REFERRED TO HIGHER EDUCATION
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.142
01/27/2014 amended on third reading 2597a
02/25/2014 ruling of chair on point of order
02/25/2014 passed assembly
02/25/2014 delivered to senate
03/17/2014 ORDERED TO THIRD READING CAL.288
03/17/2014 LOST
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A02597 Votes:

A02597 05/21/2013 90/48
AbbateYColtonYGarbariNOKearnsNOMillmanYRiveraYStevensAB
AbinantYCookYGibsonYKellnerYMontesaNORobertsYStirpeNO
ArroyoYCorwinNOGiglioNOKimYMorelleYRobinsoYSweeneyY
AubryYCrespoYGjonajYKolbNOMosleyYRodriguERTediscoNO
BarclayNOCrouchNOGlickYLalorNOMoyaYRosaYTenneyER
BarrettYCurranNOGoldfedYLavineYNojayNORosenthYThieleY
BarronYCusickNOGoodellNOLentolYNolanYRozicYTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksNORussellYTitusY
BlankenNODenDekkYGrafNOLopezNOO'DonneYRyanYWalterNO
BorelliNODinowitERGuntherYLupardoEROrtizYSaladinNOWeinsteY
BoylandABDiPietrNOHawleyNOLupinacNOOtisYSantabaNOWeisenbY
BraunstYDupreyNOHeastieYMageeNOPalmesaNOScarborYWeprinY
BrennanYEnglebrYHennessNOMagnareNOPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselYPeoplesYSchimmiNOZebrowsY
BronsonYFahyYHikindYMalliotNOPerryYSepulveYMr SpkrY
Brook-KYFarrellYHooperYMarkeyYPretlowYSimanowY
BuchwalYFinchNOJacobsYMayerYQuartYSimotasY
ButlerERFitzpatNOJaffeeYMcDonalYRaNOSkartadY
CahillYFriendNOJohnsNOMcDonouNORabbittNOSkoufisY
CamaraYGabryszNOJordanNOMcKevitNORaiaNOSolagesY
CerettoNOGalefYKatzNOMcLaughERRamosYStecNO
ClarkERGanttYKavanagYMillerYReilichNOSteckY

A02597A02/25/2014 83/47
AbbateYCookYGjonajYLalorNONojayNORosenthYTitoneY
AbinantYCorwinNOGlickYLavineYNolanYRozicYTitusY
ArroyoYCrespoYGoldfedYLentolYOaksNORussellYWalterNO
AubryYCrouchNOGoodellNOLiftonYO'DonneYRyanYWeinsteER
BarclayNOCurranNOGottfriYLopezNOOrtizYSaladinNOWeisenbY
BarrettYCusickNOGrafNOLupardoYOtisYSantabaNOWeprinY
BenedetYCymbrowYGuntherYLupinacNOPalmesaNOScarborYWrightER
BlankenNODavilaYHawleyNOMageeNOPalumboNOSchimelYZebrowsY
BorelliNODenDekkYHeastieYMagnareERPaulinYSchimmiNOMr SpkrY
BoylandABDinowitYHennessNOMalliotNOPeoplesYSepulveY
BraunstYDiPietrNOHevesiYMarkeyYPerryYSimanowY
BrennanYDupreyNOHikindYMayerYPichardYSimotasER
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadY
BronsonYFahyYJacobsERMcDonouNOQuartYSkoufisY
Brook-KYFarrellYJaffeeERMcKevitNORaNOSolagesY
BuchwalYFinchNOJohnsNOMcLaughNORaiaNOStecNO
ButlerNOFitzpatNOKatzNOMillerYRamosYSteckY
CahillYFriendNOKavanagERMillmanYRiveraYStirpeNO
CamaraYGalefYKearnsNOMontesaNORobertsYSweeneyY
CerettoNOGanttERKellnerABMorelleYRobinsoERTediscoNO
ClarkYGarbariNOKimYMosleyYRodriguYTenneyNO
ColtonYGiglioNOKolbNOMoyaYRosaYThieleY

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A02597 Memo:

BILL NUMBER:A2597A

TITLE OF BILL:  An act to amend the education law, in relation to creat-
ing  the  New  York  DREAM fund commission; eligibility requirements and
conditions governing general awards,  academic  performance  awards  and
student  loans; eligibility requirements for assistance under the higher
education opportunity programs and the collegiate science and technology
entry program; financial aid opportunities for  students  of  the  state
university  of  New  York, the city university of New York and community
colleges; and the program requirements for the New  York  state  college
choice  tuition  savings program; and to repeal subdivision 3 of section
661 of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL: This bill would  create  the  New  York
state  DREAM  Act.  This bill would create a DREAM fund commission and a
DREAM fund in order to advance  the  educational  opportunities  of  the
children  of immigrants by providing scholarships to college bound chil-
dren who are the children of immigrants.

This bill would also eliminate potential financial obstacles to  obtain-
ing  State  financial aid and extend the opportunities for certain immi-
grant students to attend higher education institutions  in  this  State;
providing a benefit consistent with U.S. citizens and nationals.

Finally  this bill would eliminate barriers for immigrant aliens to save
for their families higher education expenses by allowing  such  individ-
uals  to  open a New York State 529 family tuition account under the New
York State College Tuition Savings Program and/or be a designated  bene-
ficiary on an account if they have a taxpayer identification number.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 entitles the bill the "New York State DREAM Act".

Section  2  of  the bill would add a new Education Law S 609 to create a
DREAM fund commission and a DREAM fund. The  commission,  whose  members
are  appointed  by  the Executive and Legislature, would raise money for
the DREAM fund in order to provide scholarships to college  bound  chil-
dren  who  are  the  children  of  immigrants.  The  commission would be
required to establish the criteria for the scholarships, to  create  and
publicize a training program: for education professionals, and to devel-
op  a  public awareness campaign for the DREAM fund awards.  Neither the
commission nor the fund would receive state funding or aid. The  commis-
sion  would be subject to the Freedom of Information Law, the Open Meet-
ings Law, and the code of ethics in section 74 of  the  Public  Officers
Law.

Section  3  of  the bill repeals Education Law S 661(3) to eliminate the
requirement that an applicant for a general award or  academic  perform-
ance  award  be  either  a  citizen  of  the  United States, or an alien
lawfully admitted for permanent residence in the United  States,  or  an
individual of a class of refugees paroled by the attorney general of the

United  States under his parole authority pertaining to the admission of
aliens to the United States.

Section  4  of  the bill would amend Education Law S 661(5) (a) to allow
certain applicants for undergraduate awards who are not legal  residents
of  the  state to be eligible for awards if they meet certain qualifica-
tions. The student must have either: (1) attended a registered New  York
high  school  for  2 or more years, graduated from a registered New York
high school and applied for attendance  at  the  institution  of  higher
education for the undergraduate study for which an award is sought with-
in  5 years of receiving a high school; (2) attended an approved program
for a state high school equivalency  diploma,  received  a  diploma  and
applied  for  attendance  at the institution of higher education for the
undergraduate, study for which an award is  sought  within  5  years  of
receiving a state high school equivalency diploma; or (3) must otherwise
be  eligible  for  the  payment of tuition and fees at a rate no greater
than that imposed for resident students of the State University  of  New
York  ("SUNY"),  the  City  University of New York ("CUNY") or community
colleges as prescribed in Education Law SS 355(2)(1)(8)  or  6206(7)(a).
Further, students who do not have lawful immigration status will also be
required to file an affidavit with the higher education institution that
he  or  she  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.

Section  5  of  the bill would amend Education Law S 661(5)(b) to make a
similar change for applicants seeking an award at the graduate level  of
study,  except  for  graduate  study,  the nonresident student must have
either: (1) attended a registered New York high school  for  2  or  more
years,  graduated from a registered New York high school and applied for
attendance at the institution of higher education for the  undergraduate
study  for  which an award is sought within 10 years of receiving a high
school; (2) attended an approved program for a state high school  equiv-
alency  diploma,  received  a  diploma and applied for attendance at the
institution of higher education for the undergraduate study for which an
award is sought within 10 years of receiving a state high school  equiv-
alency  diploma;  or  (3)  must be otherwise eligible for the payment of
tuition and fees at a rate no greater than  that  imposed  for  resident
students  of  the  SUNY, the CUNY or community colleges as prescribed in
Education Law SS 355(2)(h)(8) or 6206(7)(a).

Section 6 of the bill would amend Education Law S 661(5)(d)  to  clarify
that  if  an  applicant  for tuition assistance does not have a New York
State residence,  the  applicant  shall  be  deemed  to  reside  in  the
geographic  area  of  the institution of higher education in which he or
she attends for purposes of an award allocated on a geographic basis.

Section 7 of the bill would amend Education Law S 661(5)(e)  to  clarify
that  the new requirements in paragraphs (a) and (b) of this subdivision
are waived for a member, or the spouse or dependent of a member, of  the
armed  forces  of  the  United  States  on  a  full-time active duty and
stationed in this state.

Section 8 of the bill would add a new Education Law S  355(2)(h)(10)  to
allow  certain SUNY students who are not legal residents of the state to
have the-payment of tuition and other fees and charges reduced by state-
aided programs, scholarships or other financial assistance awarded under
Articles  13,  13-a,  14,  14-a,  provided  that  the  student meets the
requirements in Education Law SS 661(5)(a) (ii) or (h)(ii).

Section 9 of the bill adds a new Education Law S 6206(7)(d)  to  make  a
conforming change for CUNY.

Section  10  of  the bill adds a new Education Law S 6305(8-a) to make a
conforming change for community colleges.

Sections 11 and 12 of the bill amend Education  Law  SS  6451(3)(d)  and
6452(4)(a)(v)  to  allow  students without lawful immigration status who
participate in the higher education  programs  to  receive  supplemental
financial assistance provided that the student meets the requirements in
Education Law S 661(5)(a)(ii) or (b)(ii).

Section  13  of  the  bill  adds Education Law S 6455(2) (a) to allow an
applicant for the college science and technology entry  program  who  is
not  a  legal  resident  of the state to be eligible for an award at the
undergraduate level of study provided that  the  student  either:    (1)
attended  a  registered New York high school for 2 or more years, gradu-
ated from a registered New York high school and applied  for  attendance
at  the  institution of higher education for the undergraduate study for
which an award is sought within 5 years of receiving a high school;  (2)
attended  an approved program for a state high school equivalency diplo-
ma, received a diploma and applied for attendance at the institution  of
higher  education  for  the  undergraduate  study  for which an award is
sought within 5 years of  receiving  a  state  high  school  equivalency
diploma;  or  (3)  is  otherwise eligible for the payment of tuition and
fees at a rate no greater than that imposed for resident students  SUNY,
CUNY or community colleges as prescribed in Education Law SS355(2)(h)(8)
or  6206(7)(a).  Further,  students  who  do not have lawful immigration
status will also be required to file an affidavit with the higher educa-
tion institution that he or she 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.

Section  14  of  the  bill  amends  Education Law S 6455(3)(a) to make a
conforming change for nonresident applicants at the undergraduate  level
of study, except such applicants must have either: (1) attended a regis-
tered  New York high school for 2 or more years, graduated from a regis-
tered New York high school and applied for attendance at the institution
of higher education for the undergraduate study for which  an  award  is
sought  within  10  years  of  receiving  a high school; (2) attended an
approved program for a state high school equivalency diploma, received a
diploma and applied for attendance at the institution of  higher  educa-
tion  for the undergraduate study for which an award is sought within 10
years of receiving a state high school equivalency diploma;  or  (3)  is
otherwise  eligible  for  the  payment  of tuition and fees at a rate no

greater than that imposed for resident students of the SUNY, the CUNY or
community colleges as prescribed in Education Law S  355(2)(h)(8)  or
6206(7)(a).

Sections  15  and  16 of the bill amends Education Law SS 695-e(2)(a)(i)
and (a)(iii) to allow individuals with a taxpayer identification  number
(ITIN) to open a family tuition account and/or be a designated benefici-
ary under the New York State College Tuition Savings Program, unless the
account  was in effect, prior to the effective date of this chapter does
not allow for an 1TIN, in which case an ITIN shall be allowed upon expi-
ration of the contract.

Section 17 would direct the president of the higher  education  services
corporation  (HESC),  in consultation with the commissioner of education
(SED), to establish an application form  and  procedures  that  allow  a
student  applicant  that  meets the requirements to apply to HESC or SED
for applicable awards without having to submit information to any  other
state or federal agency. All information contained within these applica-
tions would be deemed confidential.

Section 18 is the effective date.

JUSTIFICATION:  Currently,  New  York  enables  hundreds of thousands of
undocumented students to receive education through  the  state's  public
school system; our state recognizes the value of an investment in career
and  college  readiness  for  these students. It makes economic sense to
help these young students become fully participant in New York's  econo-
my.  Yet  their  futures  are  undeniably circumscribed by current immi-
gration law and State law relating to State financial aid for postsecon-
dary education. These young people generally  derive  their  immigration
status  from their parents. If their parents are undocumented, many have
no mechanism to obtain legal residency, even if they have lived most  of
their lives in the U.S.

Current State law prohibits undocumented immigrant students from receiv-
ing  State  financial aid (i.e., general awards and academic performance
awards). Denying them aid means denying them access to higher education.
This bill would seek to ease the financial burden of the  high  cost  of
higher  education  by  creating  a commission and fund to raise money in
order to provide scholarships to the children of immigrants as  well  as
allowing  eligible  undocumented aliens to receive such awards by making
graduates of New York high schools or programs leading to a  State  high
school  equivalency  diploma and persons otherwise eligible for in-state
tuition in SUNY, CUNY or other institutions  eligible  to  receive  such
awards  regardless  of  their residence or immigration status. Thus, the
bill also allows nonresidents of the State  to  be  eligible  for  these
awards if they meet the specified qualifications in order to not violate
federal  law.  The bill also seeks to ensure compliance with immigration
laws, by requiring immigrant students  to  demonstrate  that  they  have
taken appropriate steps to legalize their immigration status.

Our  society  and our economic growth depend on a vibrant, well-educated
workforce, but right now, hundreds  of  thousands  of  New  Yorkers  are
denied  the  opportunity to the education they need to fully participate
in our economy. Without access to higher education, these  students  are
far  too  often  forced into the shadows of poverty and desperate exist-
ence.

This bill addresses the compelling need to maintain educational opportu-
nities at SUNY and CUNY, community colleges and  State-aided  four  year
colleges  for  certain  immigrant students in New York State.  To accom-
plish this, the bill provides that SUNY and CUNY, community colleges and
State-aided four-year programs allow non-resident students to  have  the
payment  of  tuition  and  other fees and charges reduced by State-aided
programs, scholarships or other  financial  assistance  awarded  if  the
student  meets the criteria that would qualify him or her to receive TAP
or other general awards under Education Law S651.

The bill also allows undocumented non-resident aliens to receive supple-
mental financial assistance as part of the higher education  opportunity
programs  and  the collegiate technology entry programs if they meet the
criteria that would qualify them to receive TAP or other general  awards
under Education Law S651.

Finally,  the  bill recognizes the importance of attracting hard-working
undocumented aliens to public  and  private  colleges  and  universities
within  the  State  by  enabling  such  students to benefit from the tax
incentive provided for qualified state tuition programs under the Inter-
nal Revenue Code of 1986. The bill allows  undocumented  aliens  with  a
taxpayer  identification  number to open a family tuition account and/or
to be a designated  beneficiary  of  such  account,  except  in  limited
exceptions.

This bill would extend New York State's legacy of providing a high-qual-
ity,  affordable  higher  education to hard-working immigrants and would
reinforce our State's commitment to being a beacon of freedom and oppor-
tunity for immigrants.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: This bill would allow certain undocumented students
to access the Tuition Assistance Program (TAP). Currently,  the  maximum
TAP  award  for  students attending four year colleges is $5,000 and the
maximum TAP award for  students  attending  community  colleges  is  the
tuition at community colleges in the State. The costs of this bill would
depend  on  the number of undocumented students that choose to apply for
TAP grants as well as the level of their TAP award.

EFFECTIVE DATE: This act shall take effect on:   * January 1,  2015  for
the  DREAM  Fund Commission:   * 90 days upon enactment for the New York
State College Tuition Savings (529) Program; and * 90 days upon issuance
of regulations and the development of an application form  by  HESC  and
SED or 90 days upon enactment, whichever shall be later.
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A02597 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        2597--A
                                                               Cal. No. 142

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 16, 2013
                                      ___________

       Introduced  by M. of A. MOYA, SILVER, GLICK, FARRELL, CRESPO, RODRIGUEZ,
         ORTIZ, AUBRY, HEASTIE, GOTTFRIED, JACOBS, RAMOS,  BRENNAN,  O'DONNELL,
         LAVINE, QUART, ROBERTS, KAVANAGH, SCARBOROUGH, THIELE, ROBINSON, BENE-
         DETTO,  ROSENTHAL, BOYLAND, CLARK, MILLER, DenDEKKER, KELLNER, ABINAN-
         TI, PAULIN, PERRY,  JAFFEE,  CAHILL,  MOSLEY,  KIM,  WEPRIN,  SCHIMEL,
         RIVERA,  ROZIC,  ROSA,  DINOWITZ,  SEPULVEDA,  SKARTADOS, ZEBROWSKI --
         Multi-Sponsored by -- M. of A. BRAUNSTEIN,  COOK,  CYMBROWITZ,  ENGLE-
         BRIGHT,  FAHY, HEVESI, HOOPER, LENTOL, LIFTON, MARKEY, MILLMAN, NOLAN,
         PEOPLES-STOKES, PRETLOW, SOLAGES, TITONE -- read once and referred  to
         the  Committee  on  Higher  Education  -- advanced to a third reading,
         amended and ordered reprinted, retaining its place  on  the  order  of
         third reading

       AN  ACT to amend the education law, in relation to creating the New York
         DREAM fund commission; eligibility requirements and conditions govern-
         ing general awards, academic performance  awards  and  student  loans;
         eligibility  requirements  for  assistance  under the higher education
         opportunity programs and the collegiate science and  technology  entry
         program; financial aid opportunities for students of the state univer-
         sity  of  New  York,  the  city  university  of New York and community
         colleges; and the program requirements for the New York state  college
         choice tuition savings program; and to repeal subdivision 3 of section
         661 of such law relating thereto

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. This act shall be known and may be cited as the  "New  York
    2  state DREAM Act".
    3    S  2. The education law is amended by adding a new section 609 to read
    4  as follows:
    5    S 609. NEW YORK DREAM FUND COMMISSION.  1. (A) THERE SHALL BE  CREATED
    6  A  NEW  YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED TO ADVANCING
    7  THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07742-05-4
       A. 2597--A                          2

    1    (B) THE NEW YORK DREAM FUND COMMISSION SHALL  BE  COMPOSED  OF  TWELVE
    2  MEMBERS TO BE APPOINTED AS FOLLOWS:
    3    (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
    4    (II)  THREE  MEMBERS  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
    5  THE SENATE;
    6    (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
    7    (IV) ONE MEMBER SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
    8  SENATE;
    9    (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
   10  BLY;
   11    (C)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
   12  REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND  GEOGRAPHIC  DIVERSITY
   13  OF THE STATE.
   14    (D)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
   15  INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS  AND  FACULTY,  AND  OTHER
   16  INDIVIDUALS  COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE
   17  CHILDREN OF IMMIGRANTS.
   18    (E) MEMBERS OF THE NEW YORK DREAM FUND  COMMISSION  SHALL  RECEIVE  NO
   19  COMPENSATION FOR THEIR SERVICES.
   20    2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
   21    (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
   22    (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
   23    (III)  ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
   24  ITY OF RAISING FUNDS FOR THE ADMINISTRATION  OF  THIS  SECTION  AND  ANY
   25  EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
   26  TRATING  AND  FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
   27  GRANTS TO THE UNITED STATES;
   28    (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
   29  DREAM FUND;
   30    (V) DEVELOP CRITERIA AND A SELECTION PROCESS  FOR  THE  RECIPIENTS  OF
   31  SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
   32    (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
   33  THE  COSTS  OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
   34  ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
   35  GRANTS WITHIN HIGHER EDUCATION;
   36    (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR  HIGH
   37  SCHOOL  COUNSELORS,  ADMISSIONS  OFFICERS, AND FINANCIAL AID OFFICERS OF
   38  INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS  SHALL  INSTRUCT
   39  PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
   40  STUDENTS  WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
   41  TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE  EXTENT  PRACTICA-
   42  BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
   43  TO  SCHOOL  DISTRICTS  AND  BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES
   44  THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN  TO
   45  SCHOOL  DISTRICTS  AND  BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES WITH
   46  LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
   47  DISTRICTS AND BOARDS OF COOPERATIVE  EDUCATIONAL  SERVICES  WITH  LESSER
   48  NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
   49    (VIII)  ESTABLISH  A  PUBLIC  AWARENESS CAMPAIGN REGARDING EDUCATIONAL
   50  OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE  THE  CHILDREN
   51  OF IMMIGRANTS; AND
   52    (IX)  ESTABLISH,  BY  RULE,  PROCEDURES  FOR  ACCEPTING AND EVALUATING
   53  APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND  ISSU-
   54  ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
   55    (B)  TO  RECEIVE  A  SCHOLARSHIP  PURSUANT  TO THIS SECTION, A STUDENT
   56  APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
       A. 2597--A                          3

    1    (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE  ATTENDING
    2  A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
    3    (II)  HAVE  GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
    4  THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
    5    (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE  FOR
    6  AT  LEAST  TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
    7  OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
    8    (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
    9  STATES.
   10    (C) THE NEW YORK DREAM FUND COMMISSION AND THE  NEW  YORK  DREAM  FUND
   11  SHALL  BE  FUNDED  ENTIRELY  BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
   12  SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND.   NO  FUNDS
   13  OF  THE  NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
   14  BE TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR  SHALL
   15  BE  USED  FOR  ANY  PURPOSE  OTHER  THAN  THE PURPOSES SET FORTH IN THIS
   16  SECTION.
   17    3. THE NEW YORK DREAM FUND COMMISSION AND  THE  NEW  YORK  DREAM  FUND
   18  SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
   19  SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
   20    S 3. Subdivision 3 of section 661 of the education law is REPEALED.
   21    S 4. Paragraph a of subdivision 5 of section 661 of the education law,
   22  as  amended  by  chapter  466 of the laws of 1977, is amended to read as
   23  follows:
   24    a. (I) Except as provided in subdivision two of  section  six  hundred
   25  seventy-four  OF  THIS  PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
   26  applicant for an award at the undergraduate level of study  must  either
   27  [(i)]  (A) have been a legal resident of the state for at least one year
   28  immediately preceding the beginning of the semester, quarter or term  of
   29  attendance  for  which application for assistance is made, or [(ii)] (B)
   30  be a legal resident of the state and have been a legal  resident  during
   31  his  last  two  semesters  of high school either prior to graduation, or
   32  prior to admission to college. Provided further that  persons  shall  be
   33  eligible  to  receive  awards  under  section six hundred sixty-eight or
   34  section six hundred sixty-nine OF THIS  PART  who  are  currently  legal
   35  residents of the state and are otherwise qualified.
   36    (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
   37  PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
   38  CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
   39  APPLICANT  WITHOUT  LAWFUL  IMMIGRATION  STATUS SHALL BE ELIGIBLE FOR AN
   40  AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   41    (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
   42  YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND
   43  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
   44  UNDERGRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
   45  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   46    (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
   47  SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
   48  DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
   49  TION  FOR  THE  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
   50  FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   51    (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
   52  RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
   53  UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
   54  COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
   55  SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
   56  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
       A. 2597--A                          4

    1    PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
    2  SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
    3  HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
    4  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
    5  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
    6    S 5. Paragraph b of subdivision 5 of section 661 of the education law,
    7  as  amended  by  chapter  466 of the laws of 1977, is amended to read as
    8  follows:
    9    b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
   10  PARAGRAPH, AN applicant for an award at the graduate level of study must
   11  either  [(i)]  (A)  have been a legal resident of the state for at least
   12  one year immediately preceding the beginning of the semester, quarter or
   13  term of attendance for which application  for  assistance  is  made,  or
   14  [(ii)]  (B) be a legal resident of the state and have been a legal resi-
   15  dent during his last academic  year  of  undergraduate  study  and  have
   16  continued  to  be  a  legal resident until matriculation in the graduate
   17  program.
   18    (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
   19  PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
   20  CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
   21  APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL  BE  ELIGIBLE  FOR  AN
   22  AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   23    (A)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
   24  OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
   25  AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
   26  THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
   27  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   28    (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
   29  SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
   30  DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
   31  TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
   32  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   33    (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
   34  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
   35  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
   36  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
   37  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
   38  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   39    PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
   40  SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
   41  HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
   42  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
   43  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   44    S 6. Paragraph d of subdivision 5 of section 661 of the education law,
   45  as  amended  by  chapter  844 of the laws of 1975, is amended to read as
   46  follows:
   47    d. If an applicant for an award allocated on a  geographic  basis  has
   48  more  than  one  residence  in  this state, his OR HER residence for the
   49  purpose of this article shall be his OR HER place  of  actual  residence
   50  during  the major part of the year while attending school, as determined
   51  by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
   52  HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT  TO
   53  SUBPARAGRAPH  (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
   54  THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
   55  INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR  PURPOSES
   56  OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
       A. 2597--A                          5

    1    S 7. Paragraph e of subdivision 5 of section 661 of the education law,
    2  as  added  by  chapter  630  of  the laws of 2005, is amended to read as
    3  follows:
    4    e.  Notwithstanding any other provision of this article to the contra-
    5  ry, the New York state [residency]  eligibility  [requirement]  REQUIRE-
    6  MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
    7  SUBDIVISION  ARE  waived  for  a member, or the spouse or dependent of a
    8  member, of the armed forces of the United  States  on  full-time  active
    9  duty and stationed in this state.
   10    S  8. Paragraph h of subdivision 2 of section 355 of the education law
   11  is amended by adding a new subparagraph 10 to read as follows:
   12    (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
   13  NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
   14  PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
   15  WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT  OF  TUITION  AND
   16  OTHER  FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
   17  OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
   18  THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
   19  THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
   20  OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
   21  OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   22    S 9. Subdivision 7 of section 6206 of the education law is amended  by
   23  adding a new paragraph (d) to read as follows:
   24    (D)  THE  TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A
   25  LEGAL RESIDENT OF NEW YORK STATE BUT  IS  A  UNITED  STATES  CITIZEN,  A
   26  PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
   27  WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT  OF  TUITION  AND
   28  OTHER  FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
   29  OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
   30  THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
   31  THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
   32  OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
   33  OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   34    S 10. Section 6305 of the education law is amended  by  adding  a  new
   35  subdivision 8-a to read as follows:
   36    8-A.  THE  PAYMENT  OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
   37  WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT  OF
   38  NEW  YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
   39  DENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMI-
   40  GRATION  STATUS MAY BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS AND
   41  OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
   42  THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
   43  THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
   44  OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
   45  OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   46    S 11. Paragraph d of subdivision 3 of section 6451  of  the  education
   47  law,  as  amended by chapter 149 of the laws of 1972, is amended to read
   48  as follows:
   49    d. Any necessary supplemental financial assistance, which may  include
   50  the  cost of books and necessary maintenance for such enrolled students,
   51  INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED  THAT  THE
   52  STUDENT  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
   53  GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
   54  SECTION  SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided,
   55  however, that such supplemental financial assistance shall be  furnished
       A. 2597--A                          6

    1  pursuant  to  criteria promulgated by the commissioner with the approval
    2  of the director of the budget.
    3    S 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
    4  of  the  education  law, as added by chapter 917 of the laws of 1970, is
    5  amended to read as follows:
    6    (v) Any necessary supplemental financial assistance, which may include
    7  the cost of books and necessary maintenance for such students, INCLUDING
    8  STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS  PROVIDED  THAT  THE  STUDENT
    9  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
   10  SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE  OF  SECTION  SIX
   11  HUNDRED  SIXTY-ONE  OF  THIS  CHAPTER, AS APPLICABLE; provided, however,
   12  that such supplemental financial assistance shall be furnished  pursuant
   13  to criteria promulgated by such universities and approved by the regents
   14  and the director of the budget.
   15    S  13. Paragraph (a) of subdivision 2 of section 6455 of the education
   16  law, as added by chapter 285 of the laws of 1986, is amended to read  as
   17  follows:
   18    (a)  (I) Undergraduate science and technology entry program moneys may
   19  be used for tutoring, counseling, remedial and special  summer  courses,
   20  supplemental  financial  assistance,  program  administration, and other
   21  activities which the commissioner may deem appropriate. To  be  eligible
   22  for  undergraduate  collegiate  science  and  technology  entry  program
   23  support, a student must be a resident of New York [who is], OR MEET  THE
   24  REQUIREMENTS  OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
   25  economically disadvantaged or from a minority group  historically  under
   26  represented  in  the  scientific,  technical,  health and health-related
   27  professions, and [who demonstrates] MUST DEMONSTRATE interest in  and  a
   28  potential for a professional career if provided special services. Eligi-
   29  ble students must be in good academic standing, enrolled full time in an
   30  approved,  undergraduate  level  program  of  study,  as  defined by the
   31  regents.
   32    (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
   33  WHO  IS  A  UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
   34  NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMIGRATION  STATUS,
   35  SHALL  BE  ELIGIBLE  FOR  AN  AWARD  AT THE UNDERGRADUATE LEVEL OF STUDY
   36  PROVIDED THAT THE STUDENT:
   37    (1) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
   38  YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND
   39  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
   40  UNDERGRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
   41  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   42    (2) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
   43  SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
   44  DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
   45  TION  FOR  THE  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
   46  FIVE YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY  DIPLOMA,
   47  ATTENDED  AN  APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS,
   48  GRADUATED FROM AN APPROVED NEW YORK STATE HIGH SCHOOL  AND  APPLIED  FOR
   49  ATTENDANCE  AT  AN  INSTITUTION OF HIGHER EDUCATION WITHIN FIVE YEARS OF
   50  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   51    (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
   52  RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
   53  UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
   54  COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
   55  SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
   56  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
       A. 2597--A                          7

    1    PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
    2  SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
    3  HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
    4  LEGALIZE HIS OR IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION  AS
    5  SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
    6    S  14. Paragraph (a) of subdivision 3 of section 6455 of the education
    7  law, as added by chapter 285 of the laws of 1986, is amended to read  as
    8  follows:
    9    (a)  (I)  Graduate  science and technology entry program moneys may be
   10  used for recruitment, academic enrichment, career planning, supplemental
   11  financial assistance, review for licensing examinations, program  admin-
   12  istration,  and  other activities which the commissioner may deem appro-
   13  priate. To be eligible for graduate collegiate  science  and  technology
   14  entry  program  support,  a  student must be a resident of New York [who
   15  is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II)  OF  THIS  PARAGRAPH,
   16  AND  MUST  BE either economically disadvantaged or from a minority group
   17  historically underrepresented in the scientific, technical  and  health-
   18  related  professions.  Eligible students must be in good academic stand-
   19  ing, enrolled full time  in  an  approved  graduate  level  program,  as
   20  defined by the regents.
   21    (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
   22  EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
   23  NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT  LAWFUL  IMMIGRATION  STATUS
   24  SHALL  BE  ELIGIBLE  FOR  AN  AWARD  AT THE UNDERGRADUATE LEVEL OF STUDY
   25  PROVIDED THAT THE STUDENT:
   26    (1) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR  TWO
   27  OR  MORE  YEARS,  GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
   28  AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCATION  FOR
   29  THE  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
   30  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   31    (2) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
   32  SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
   33  DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
   34  TION  FOR  THE  GRADUATE  STUDY  FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
   35  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   36    (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
   37  RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
   38  UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
   39  COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
   40  SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
   41  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   42    PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
   43  SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
   44  HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
   45  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
   46  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   47    S 15. Subparagraph (i) of paragraph a  of  subdivision  2  of  section
   48  695-e  of  the  education  law, as amended by chapter 593 of the laws of
   49  2003, is amended to read as follows:
   50    (i) the name, address and social security number [or], employer  iden-
   51  tification  number,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
   52  account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN  EFFECT  PRIOR
   53  TO  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOUR-
   54  TEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER  IDEN-
   55  TIFICATION  NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL
   56  BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
       A. 2597--A                          8

    1    S 16. Subparagraph (iii) of paragraph a of subdivision  2  of  section
    2  695-e  of  the  education  law, as amended by chapter 593 of the laws of
    3  2003, is amended to read as follows:
    4    (iii)  the  name,  address, and social security number, EMPLOYER IDEN-
    5  TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
    6  designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
    7  EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
    8  THOUSAND  FOURTEEN  THAT  AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
    9  TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION
   10  NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
   11    S  17.  The president of the higher education services corporation, in
   12  consultation with the commissioner  of  education,  shall  establish  an
   13  application  form  and  procedures  that shall allow a student applicant
   14  that meets the requirements set forth in subparagraph (ii) of  paragraph
   15  (a)  or subparagraph (ii) of paragraph b of subdivision 5 of section 661
   16  of the education law to apply directly to the higher education  services
   17  corporation or education department for applicable awards without having
   18  to submit information to any other state or federal agency. All informa-
   19  tion  contained  within  the applications filed with such corporation or
   20  department shall be deemed confidential.
   21    S 18. This act shall take effect immediately; provided, however, that:
   22    (a) section two of this act shall take effect January 1, 2015;
   23    (b) sections fifteen and sixteen of this act shall take effect on  the
   24  ninetieth  day after it shall have become a law; provided, however, that
   25  any rule or regulation necessary for the timely implementation  of  this
   26  act  on its effective date shall be promulgated on or before such effec-
   27  tive date; and
   28    (c) sections three through fourteen and section seventeen of this  act
   29  shall take effect on the ninetieth day after the issuance of regulations
   30  and the development of an application form by the president of the high-
   31  er  education  services  corporation and commissioner of education or on
   32  the ninetieth day after it shall have become a law, whichever  shall  be
   33  later; provided, however that effective immediately the addition, amend-
   34  ment and/or repeal of any rule or regulation necessary for the implemen-
   35  tation  of  this act on its effective date is authorized and directed to
   36  be made and completed on or before such date; provided, further,  howev-
   37  er,  that the president of the higher education services corporation and
   38  the commissioner of education shall notify the legislative bill drafting
   39  commission upon the occurrence of the issuance of  the  regulations  and
   40  the  development of an application form in order that the commission may
   41  maintain an accurate and timely effective data base of the official text
   42  of the laws of the state of New York in furtherance of effectuating  the
   43  provisions  of section 44 of the legislative law and section 70-b of the
   44  public officers law.
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