Amd SS661, 355, 6206, 6305, 6451, 6452 & 6455, Ed L
Grants eligibility for student financial aid to persons granted deferred action for childhood arrival status and to certain non-residents of the state.
STATE OF NEW YORK
________________________________________________________________________
1567
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
___________
Introduced by Sen. PERKINS -- 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 the eligibility for
student financial aid of individuals granted deferred action for
childhood arrival status and of certain non-residents of the state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 661 of the education law, as
2 amended by chapter 133 of the laws of 1982, is amended to read as
3 follows:
4 3. Citizenship. An applicant (a) must be a citizen of the United
5 States, or (b) must be an alien lawfully admitted for permanent resi-
6 dence in the United States, or (c) must be an individual of a class of
7 refugees paroled by the attorney general of the United States under his
8 or her parole authority pertaining to the admission of aliens to the
9 United States, or (d) must be an individual granted deferred action for
10 childhood arrival status pursuant to rules and regulations set forth by
11 the United States Citizenship and Immigration Services.
12 § 2. Paragraphs a and b of subdivision 5 of section 661 of the educa-
13 tion law, as amended by chapter 466 of the laws of 1977, are amended to
14 read as follows:
15 a. (i) Except as provided in subdivision two of section six hundred
16 seventy-four of this part and subparagraph (ii) of this paragraph, an
17 applicant for an award at the undergraduate level of study must either
18 [(i)] (a) have been a legal resident of the state for at least one year
19 immediately preceding the beginning of the semester, quarter or term of
20 attendance for which application for assistance is made, or [(ii)] (b)
21 be a legal resident of the state and have been a legal resident during
22 his or her last two semesters of high school either prior to graduation,
23 or prior to admission to college. Provided further that persons shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04113-01-3
S. 1567 2
1 eligible to receive awards under section six hundred sixty-eight or
2 section six hundred sixty-nine of this part who are currently legal
3 residents of the state and are otherwise qualified.
4 (ii) An applicant who is not a legal resident of the state eligible
5 pursuant to subparagraph (i) of this paragraph, but is a United States
6 citizen, a permanent lawful resident, a lawful non-immigrant alien or an
7 individual granted deferred action for childhood arrival status pursuant
8 to rules and regulations set forth by the United States Citizenship and
9 Immigration Services shall be eligible for an award at the undergraduate
10 level of study provided that the student:
11 (a) attended a registered New York state high school for two or more
12 years, graduated from a registered New York state high school and
13 applied for attendance at the institution of higher education for the
14 undergraduate study for which an award is sought within five years of
15 receiving a New York state high school diploma; or
16 (b) attended an approved New York state program for a state high
17 school equivalency diploma, received a state high school equivalency
18 diploma and applied for attendance at the institution of higher educa-
19 tion for the undergraduate study for which an award is sought within
20 five years of receiving a state high school equivalency diploma; or
21 (c) is otherwise eligible for the payment of tuition and fees at a
22 rate no greater than that imposed for resident students of the state
23 university of New York, the city university of New York or community
24 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
25 sion two of section three hundred fifty-five or paragraph (a) of subdi-
26 vision seven of section sixty-two hundred six of this chapter.
27 b. [An] (i) Except as otherwise provided in subparagraph (ii) of this
28 paragraph, an applicant for an award at the graduate level of study must
29 either [(i)] (a) have been a legal resident of the state for at least
30 one year immediately preceding the beginning of the semester, quarter or
31 term of attendance for which application for assistance is made, or
32 [(ii)] (b) be a legal resident of the state and have been a legal resi-
33 dent during his or her last academic year of undergraduate study and
34 have continued to be a legal resident until matriculation in the gradu-
35 ate program.
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 individual granted deferred action for childhood arrival status pursuant
40 to rules and regulations set forth by the United States Citizenship and
41 Immigration Services shall be eligible for an award at the undergraduate
42 level of study provided that the student:
43 (a) attended a registered approved New York state high school for two
44 or more years, graduated from a registered New York state high school
45 and applied for attendance at the institution of higher education for
46 the graduate study for which an award is sought within ten years of
47 receiving a New York state high school diploma; or
48 (b) attended an approved New York state program for a state high
49 school equivalency diploma, received a state high school equivalency
50 diploma and applied for attendance at the institution of higher educa-
51 tion for the graduate study for which an award is sought within ten
52 years of receiving a state high school equivalency diploma; or
53 (c) is otherwise eligible for the payment of tuition and fees at a
54 rate no greater than that imposed for resident students of the state
55 university of New York, the city university of New York or community
56 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
S. 1567 3
1 sion two of section three hundred fifty-five or paragraph (a) of subdi-
2 vision seven of section sixty-two hundred six of this chapter.
3 § 3. Paragraph d of subdivision 5 of section 661 of the education law,
4 as amended by chapter 844 of the laws of 1975, is amended to read as
5 follows:
6 d. If an applicant for an award allocated on a geographic basis has
7 more than one residence in this state, his or her residence for the
8 purpose of this article shall be his or her place of actual residence
9 during the major part of the year while attending school, as determined
10 by the commissioner; and further, provided, that an applicant who does
11 not have a residence in this state and is eligible for an award pursuant
12 to subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b
13 of this subdivision shall be deemed to reside in the geographic area of
14 the institution of higher education in which he or she attends for
15 purposes of an award allocated on a geographic basis.
16 § 4. Paragraph e of subdivision 5 of section 661 of the education law,
17 as added by chapter 630 of the laws of 2005, is amended to read as
18 follows:
19 e. Notwithstanding any other provision of this article to the contra-
20 ry, the New York state [residency] eligibility [requirement] require-
21 ments for receipt of awards [is] set forth in paragraphs a and b of this
22 subdivision are waived for a member, or the spouse or dependent of a
23 member, of the armed forces of the United States on full-time active
24 duty and stationed in this state.
25 § 5. Paragraph h of subdivision 2 of section 355 of the education law
26 is amended by adding a new subparagraph 10 to read as follows:
27 (10) Such regulations shall further provide that any student who is
28 not a legal resident of New York state but is a United States citizen, a
29 permanent lawful resident, a lawful non-immigrant alien or an individual
30 granted deferred action for childhood arrival status pursuant to rules
31 and regulations set forth by the United States Citizenship and Immi-
32 gration Services may have the payment of tuition and other fees and
33 charges reduced by state-aided programs, scholarships or other financial
34 assistance awarded under the provisions of articles thirteen, thir-
35 teen-A, fourteen and fourteen-A of this title, provided that the student
36 meets the requirements set forth in subparagraph (ii) of paragraph a or
37 subparagraph (ii) of paragraph b of subdivision five of section six
38 hundred sixty-one of this title, as applicable.
39 § 6. Subdivision 7 of section 6206 of the education law is amended by
40 adding a new paragraph (d) to read as follows:
41 (d) The trustees shall further provide that any student who is not a
42 legal resident of New York state but is a United States citizen, a
43 permanent lawful resident, a lawful non-immigrant alien or an individual
44 granted deferred action for childhood arrival status pursuant to rules
45 and regulations set forth by the United States Citizenship and Immi-
46 gration Services may have the payment of tuition and other fees and
47 charges reduced by state-aided programs, scholarships or other financial
48 assistance awarded under the provisions of articles thirteen, thir-
49 teen-A, fourteen and fourteen-A of this chapter, provided that the
50 student meets the requirements set forth in subparagraph (ii) of para-
51 graph a or subparagraph (ii) of paragraph b of subdivision five of
52 section six hundred sixty-one of this chapter, as applicable.
53 § 7. Section 6305 of the education law is amended by adding a new
54 subdivision 8-a to read as follows:
55 8-a. The payment of tuition and other fees and charges of a student
56 who is attending a community college and who is not a legal resident of
S. 1567 4
1 New York state but is a United States citizen, a permanent lawful resi-
2 dent, a lawful non-immigrant alien or an individual granted deferred
3 action for childhood arrival status pursuant to rules and regulations
4 set forth by the United States Citizenship and Immigration Services may
5 be reduced by state-aided programs, scholarships and other financial
6 assistance awarded under the provisions of articles thirteen, thir-
7 teen-A, fourteen and fourteen-A of this chapter, provided that the
8 student meets the requirements set forth in subparagraph (ii) of para-
9 graph a or subparagraph (ii) of paragraph b of subdivision five of
10 section six hundred sixty-one of this chapter, as applicable.
11 § 8. Paragraph d of subdivision 3 of section 6451 of the education
12 law, as amended by chapter 149 of the laws of 1972, is amended to read
13 as follows:
14 d. Any necessary supplemental financial assistance, which may include
15 the cost of books and necessary maintenance for such enrolled students,
16 including students granted deferred action for childhood arrival status
17 pursuant to rules and regulations set forth by the United States Citi-
18 zenship and Immigration Services provided that the student meets the
19 requirements set forth in subparagraph (ii) of paragraph a or subpara-
20 graph (ii) of paragraph b of subdivision five of section six hundred
21 sixty-one of this chapter, as applicable; provided, however, that such
22 supplemental financial assistance shall be furnished pursuant to crite-
23 ria promulgated by the commissioner with the approval of the director of
24 the budget.
25 § 9. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
26 of the education law, as added by chapter 917 of the laws of 1970, is
27 amended to read as follows:
28 (v) Any necessary supplemental financial assistance, which may include
29 the cost of books and necessary maintenance for such students, including
30 students granted deferred action for childhood arrival status pursuant
31 to rules and regulations set forth by the United States Citizenship and
32 Immigration Services provided that the student meets the requirements
33 set forth in subparagraph (ii) of paragraph a or subparagraph (ii) of
34 paragraph b of subdivision five of section six hundred sixty-one of this
35 chapter, as applicable; provided, however, that such supplemental finan-
36 cial assistance shall be furnished pursuant to criteria promulgated by
37 such universities and approved by the regents and the director of the
38 budget.
39 § 10. Paragraph (a) of subdivision 2 of section 6455 of the education
40 law, as added by chapter 285 of the laws of 1986, is amended to read as
41 follows:
42 (a) (i) Undergraduate science and technology entry program moneys may
43 be used for tutoring, counseling, remedial and special summer courses,
44 supplemental financial assistance, program administration, and other
45 activities which the commissioner may deem appropriate. To be eligible
46 for undergraduate collegiate science and technology entry program
47 support, a student must be a resident of New York [who is], or meet the
48 requirements of subparagraph (ii) of this paragraph, and must be either
49 economically disadvantaged or from a minority group historically under-
50 represented in the scientific, technical, health and health-related
51 professions, and [who demonstrates] must demonstrate interest in and a
52 potential for a professional career if provided special services. Eligi-
53 ble students must be in good academic standing, enrolled full time in an
54 approved, undergraduate level program of study, as defined by the
55 regents.
S. 1567 5
1 (ii) An applicant who is not a legal resident of New York state, but
2 who is a United States citizen, a permanent lawful resident, a lawful
3 non-immigrant alien or an individual granted deferred action for child-
4 hood arrival status pursuant to rules and regulations set forth by the
5 United States Citizenship and Immigration Services, shall be eligible
6 for an award at the undergraduate level of study provided that the
7 student:
8 (1) attended a registered New York state high school for two or more
9 years, graduated from a registered New York state high school and
10 applied for attendance at the institution of higher education for the
11 undergraduate study for which an award is sought within five years of
12 receiving a New York state high school diploma; or
13 (2) attended an approved New York state program for a state high
14 school equivalency diploma, received a state high school equivalency
15 diploma and applied for attendance at the institution of higher educa-
16 tion for the undergraduate study for which an award is sought within
17 five years of receiving a state high school equivalency diploma,
18 attended an approved New York state high school for two or more years,
19 graduated from an approved New York state high school and applied for
20 attendance at an institution of higher education within five years of
21 receiving a New York state high school diploma; or
22 (3) is otherwise eligible for the payment of tuition and fees at a
23 rate no greater than that imposed for resident students of the state
24 university of New York, the city university of New York or community
25 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
26 sion two of section three hundred fifty-five or paragraph (a) of subdi-
27 vision seven of section sixty-two hundred six of this chapter.
28 § 11. Paragraph (a) of subdivision 3 of section 6455 of the education
29 law, as added by chapter 285 of the laws of 1986, is amended to read as
30 follows:
31 (a) (i) Graduate science and technology entry program moneys may be
32 used for recruitment, academic enrichment, career planning, supplemental
33 financial assistance, review for licensing examinations, program admin-
34 istration, and other activities which the commissioner may deem appro-
35 priate. To be eligible for graduate collegiate science and technology
36 entry program support, a student must be a resident of New York [who
37 is], or meet the requirements of subparagraph (ii) of this paragraph,
38 and must be either economically disadvantaged or from a minority group
39 historically underrepresented in the scientific, technical and health-
40 related professions. Eligible students must be in good academic stand-
41 ing, enrolled full time in an approved graduate level program, as
42 defined by the regents.
43 (ii) An applicant who is not a legal resident of New York state, but
44 either is a United States citizen, a permanent lawful resident, a lawful
45 non-immigrant alien or an individual granted deferred action for child-
46 hood arrival status pursuant to rules and regulations set forth by the
47 United States Citizenship and Immigration Services shall be eligible for
48 an award at the undergraduate level of study provided that the student:
49 (1) attended a registered approved New York state high school for two
50 or more years, graduated from a registered New York state high school
51 and applied for attendance at the institution of higher education for
52 the graduate study for which an award is sought within ten years of
53 receiving a New York state high school diploma; or
54 (2) attended an approved New York state program for a state high
55 school equivalency diploma, received a state high school equivalency
56 diploma and applied for attendance at the institution of higher educa-
S. 1567 6
1 tion for the graduate study for which an award is sought within ten
2 years of receiving a state high school equivalency diploma; or
3 (3) is otherwise eligible for the payment of tuition and fees at a
4 rate no greater than that imposed for resident students of the state
5 university of New York, the city university of New York or community
6 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
7 sion two of section three hundred fifty-five or paragraph (a) of subdi-
8 vision seven of section sixty-two hundred six of this chapter.
9 § 12. The commissioner of education, in consultation with the presi-
10 dent of the higher education services corporation, shall establish an
11 application form and procedure that shall allow a student applicant
12 under paragraph (d) of subdivision 3 of section 661 of the education
13 law, as added by section one of this act, to apply directly to the high-
14 er education services corporation or education department for applicable
15 awards without having to submit information to any other state or feder-
16 al agency. All information contained within the applications filed with
17 such corporation or department shall be deemed confidential.
18 § 13. This act shall take effect on the ninetieth day after the issu-
19 ance of regulations on the deferred action for childhood arrivals
20 program by the United States Citizenship and Immigration Services, or on
21 the ninetieth day after it shall have become a law, whichever shall be
22 later, provided however, that effective immediately, the addition,
23 amendment and/or repeal of any rule or regulation necessary for the
24 implementation of this act on its effective date is authorized and
25 directed to be made and completed on or before such effective date;
26 provided that the commissioner of education shall notify the legislative
27 bill drafting commission upon the occurrence of the issuance of the
28 regulations on the deferred action for childhood arrivals program by the
29 United States Citizenship and Immigration Services in order that the
30 commission may maintain an accurate and timely effective data base of
31 the official text of the laws of the state of New York in furtherance of
32 effectuating the provisions of section 44 of the legislative law and
33 section 70-b of the public officers law.
