Provides that certain persons who are not residents of the state but who have resided in the state for a certain period of time and meet certain criteria shall be eligible for in-state tuition rates.
STATE OF NEW YORK
________________________________________________________________________
8049
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subparagraph 8 of paragraph h of subdivision 2 of section
2 355 of the education law, as amended by chapter 669 of the laws of 2022,
3 is amended to read as follows:
4 (8) Such regulations shall further provide that the payment of tuition
5 and fees by any student who is not a resident of New York state, other
6 than a non-immigrant noncitizen within the meaning of paragraph (15) of
7 subsection (a) of section 1101 of title 8 of the United States Code,
8 shall be paid at a rate or charge no greater than that imposed for
9 students who are residents of the state if such student[:
10 (i) attended an approved New York high school for two or more years,
11 graduated from an approved New York high school and applied for attend-
12 ance at an institution or educational unit of the state university with-
13 in five years of receiving a New York state high school diploma; or
14 (ii) attended an approved New York state program for general equiv-
15 alency diploma exam preparation, received a general equivalency diploma
16 issued within New York state and applied for attendance at an institu-
17 tion or educational unit of the state university within five years of
18 receiving a general equivalency diploma issued within New York state; or
19 (iii) was enrolled in] registers as an entering student, or is
20 currently enrolled, at an institution or educational unit of the state
21 university [in the fall semester or quarter of the two thousand one--two
22 thousand two academic year and was authorized by such institution or
23 educational unit to pay tuition at the rate or charge imposed for
24 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
1 (i) meets the requirements of items (A) and (B) of this clause:
2 (A) either:
3 (1) has a total attendance of, or attained credits earned while in New
4 York state that are equivalent to, two or more years of full-time
5 attendance at any of the following schools or colleges in New York
6 state:
7 (I) high schools, including high schools established by a board of
8 education, county office of education, unified school district or high
9 school district, or the department of corrections;
10 (II) community colleges; or
11 (III) a combination of high schools and community colleges; or
12 (2) has three or more years of full-time high school coursework in New
13 York state and a total of three or more years of attendance at elementa-
14 ry schools in New York state, secondary schools in New York state, or a
15 combination of elementary and secondary schools in New York state.
16 For the purposes of this item:
17 (a) full-time attendance at a community college means either a minimum
18 of twelve units of credit per semester or quarter equivalent per year or
19 a minimum of four hundred twenty class hours per year or semester or
20 quarter equivalent; and
21 (b) full-time attendance at a high school means a minimum of four
22 hundred twenty class hours of attendance for each school year in classes
23 or courses; and
24 (B)(1) graduates from a high school in New York state or has attained
25 the equivalency thereof; or
26 (2) attained an associate degree from a community college in New York
27 state; or
28 (3) has fulfilled the minimum transfer requirements established for an
29 institution or educational unit of the state university for students
30 transferring from a community college in New York state; or
31 (ii) has resided in the state for a period of at least one year and in
32 the country, city, town, intermediate school district, school district
33 or community college region, as the case may be, for a period of at
34 least six months, both immediately preceding the date of such person's
35 registration in a state-operated institution, a statutory or contract
36 college, a community college, or such student's application for a
37 certificate of residence.
38 A student without lawful immigration status shall also be required to
39 file an affidavit with such institution or educational unit stating that
40 the student has filed an application to legalize [his or her] their
41 immigration status, or will file such an application as soon as [he or
42 she] such student is eligible to do so and that such student has resided
43 in the state for a period of at least one year and in the county, city,
44 town, intermediate school district, school district or community college
45 region, as the case may be, for a period of at least six months, both
46 immediately preceding the date of such student's registration in a
47 state-operated institution, a statutory or contract college, a community
48 college, or such student's application for a certificate of residence.
49 § 2. Subdivision 5 of section 6301 of the education law, as amended by
50 chapter 327 of the laws of 2002, the opening paragraph as amended by
51 chapter 669 of the laws of 2022, is amended to read as follows:
52 5. "Resident." A person who has resided in the state for a period of
53 at least one year and in the county, city, town, intermediate school
54 district, school district or community college region, as the case may
55 be, for a period of at least six months, [both] or whichever is earlier,
56 immediately preceding the date of such person's registration in a state-
A. 8049 3
1 operated institution, a statutory or contract college, or a community
2 college or, for the purposes of section sixty-three hundred five of this
3 article, [his or her] such person's application for a certificate of
4 residence; provided, however, that this term shall include any student
5 who is not a resident of New York state, other than a non-immigrant
6 noncitizen within the meaning of paragraph (15) of subsection (a) of
7 section 1101 of title 8 of the United States Code, if such student[:
8 (i) attended an approved New York high school for two or more years,
9 graduated from an approved New York high school and applied for attend-
10 ance at an institution or educational unit of the state university with-
11 in five years of receiving a New York state high school diploma; or
12 (ii) attended an approved New York state program for general equiv-
13 alency diploma exam preparation, received a general equivalency diploma
14 issued within New York state and applied for attendance at an institu-
15 tion or educational unit of the state university within five years of
16 receiving a general equivalency diploma issued within New York state; or
17 (iii) was enrolled in] registers as an entering student, or is
18 currently enrolled, at an institution or educational unit of the state
19 university [in the fall semester or quarter of the two thousand one--two
20 thousand two academic year and was authorized by such institution or
21 educational unit to pay tuition at the rate or charge imposed for
22 students who are residents of the state] and such student either:
23 a. meets the requirements of subparagraphs (i) and (ii) of this para-
24 graph:
25 (i)(1) has a total attendance of, or attained credits earned while in
26 New York state that are equivalent to, two or more years of full-time
27 attendance at any of the following schools or colleges in New York
28 state:
29 (I) high schools, including high schools established by a board of
30 education, county office of education, unified school district or high
31 school district, or the department of corrections;
32 (II) community colleges; or
33 (III) a combination of high schools and community colleges; or
34 (2) has three or more years of full-time high school coursework in New
35 York state and a total of three or more years of attendance in elementa-
36 ry schools in New York state, secondary schools in New York state, or a
37 combination of elementary and secondary schools in New York state.
38 For the purposes of this subparagraph:
39 (A) full-time attendance at a community college means either a minimum
40 of twelve units of credit per semester or quarter equivalent per year or
41 a minimum of four hundred twenty class hours per year or semester or
42 quarter equivalent; and
43 (B) full-time attendance at a high school means a minimum of four
44 hundred twenty class hours of attendance for each school year in classes
45 or courses; and
46 (ii)(1) graduates from a high school in New York state or has attained
47 the equivalency thereof; or
48 (2) attained an associate degree from a community college in New York
49 state; or
50 (3) has fulfilled the minimum transfer requirements established for an
51 institution or educational unit of the state university for students
52 transferring from a campus of the New York community colleges; or
53 b. has resided in the state for a period of at least one year and in
54 the country, city, town, intermediate school district, school district
55 or community college region, as the case may be, for a period of at
56 least six months, both immediately preceding the date of such person's
A. 8049 4
1 registration in a state-operated institution, a statutory or contract
2 college, a community college, or such student's application for a
3 certificate of residence and the date of such person's registration in a
4 state-operated institution, a statutory or contract college, or a commu-
5 nity college or, for the purposes of section sixty-three hundred five of
6 this article, such person's application for a certificate of residence
7 if such person can show the following documentation:
8 (i) an employment authorization document (EAD or work permit) (I-766)
9 with the following codes: (A)(3) for refugee, (A)(5) for asylee, and
10 (A)(10) for withholding of deportation or removal;
11 (ii) an I-94 arrival/departure record with an employment authorization
12 stamp and the notation "asylum granted" or "refugee granted"; and
13 (iii) a decision from the United States citizenship and immigration
14 services or the immigration judge granting asylum or withholding of
15 deportation or removal.
16 Provided, further, that a student without lawful immigration status
17 shall also be required to file an affidavit with such institution or
18 educational unit stating that the student has filed an application to
19 legalize [his or her] their immigration status, or will file such an
20 application as soon as [he or she] such student is eligible to do so.
21 In the event that a person qualified as above for state residence, but
22 has been a resident of two or more counties in the state during the six
23 months immediately preceding [his] such person's application for a
24 certificate of residence pursuant to section sixty-three hundred five of
25 this [chapter] article, the charges to the counties of residence shall
26 be allocated among the several counties proportional to the number of
27 months, or major fraction thereof, of residence in each county.
28 § 3. This act shall take effect immediately.
