STATE OF NEW YORK
________________________________________________________________________
5904
2023-2024 Regular Sessions
IN SENATE
March 22, 2023
___________
Introduced by Sen. BRISPORT -- 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 affidavits of the
lawful immigration status of certain students
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The closing paragraph of paragraph a and the closing para-
2 graph of paragraph b of subdivision 5 of section 661 of the education
3 law, as amended by chapter 26 of the laws of 2019, are amended to read
4 as follows:
5 Provided, further, that a student without lawful immigration status
6 shall also be required to file an affidavit with such institution of
7 higher education stating that the student has filed an application to
8 legalize his or her immigration status, or will file such an application
9 as soon as he or she is eligible to do so. Such affidavit shall be
10 provided in a uniform online format for qualifying students to fill out
11 and submit to the institution of higher education.
12 Provided, further, that a student without lawful immigration status
13 shall also be required to file an affidavit with such institution of
14 higher education stating that the student has filed an application to
15 legalize his or her immigration status, or will file such an application
16 as soon as he or she is eligible to do so. Such affidavit shall be
17 provided in a uniform online format for qualifying students to fill out
18 and submit to the institution of higher education.
19 § 2. Section 355 of the education law is amended by adding a new
20 subdivision 22 to read as follows:
21 22. The board of trustees of the state university of New York shall
22 establish a uniform affidavit to be provided in an online format to all
23 students who are required to file an affidavit with an institution of
24 the state university stating that such student has filed an application
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07716-01-3
S. 5904 2
1 to legalize his or her immigration status, or will file such an applica-
2 tion as soon as he or she is eligible to do so.
3 § 3. The closing paragraph of paragraph (a) of subdivision 7 of
4 section 6206 of the education law, as amended by chapter 669 of the laws
5 of 2022, is amended to read as follows:
6 A student without lawful immigration status shall also be required to
7 file an affidavit with such institution or educational unit stating that
8 the student has filed an application to legalize his or her immigration
9 status, or will file such an application as soon as he or she is eligi-
10 ble to do so. Such affidavit shall be provided in a uniform online
11 format for qualifying students to fill out and submit to the institution
12 of higher education. The trustees shall not adopt changes in tuition
13 charges prior to the enactment of the annual budget. The board of trus-
14 tees may accept as partial reimbursement for the education of veterans
15 of the armed forces of the United States who are otherwise qualified
16 such sums as may be authorized by federal legislation to be paid for
17 such education. The board of trustees may conduct on a fee basis exten-
18 sion courses and courses for adult education appropriate to the field of
19 higher education. In all courses and courses of study it may, in its
20 discretion, require students to pay library, laboratory, locker, break-
21 age and other instructional and non-instructional fees and meet the cost
22 of books and consumable supplies. In addition to the foregoing fees and
23 charges, the board of trustees may impose and collect fees and charges
24 for student government and other student activities and receive and
25 expend them as agent or trustee.
26 § 4. The closing paragraph of paragraph (a-1) of subdivision 7 of
27 section 6206 of the education law, as amended by chapter 669 of the laws
28 of 2022, is amended to read as follows:
29 A student without lawful immigration status shall also be required to
30 file an affidavit with such institution or educational unit stating that
31 the student has filed an application to legalize his or her immigration
32 status, or will file such an application as soon as he or she is eligi-
33 ble to do so. Such affidavit shall be provided in a uniform online
34 format for qualifying students to fill out and submit to the institution
35 of higher education. Except as otherwise authorized in paragraph (a) of
36 this subdivision, the trustees shall not adopt changes in tuition charg-
37 es prior to the enactment of the annual budget. The board of trustees
38 may accept as partial reimbursement for the education of veterans of the
39 armed forces of the United States who are otherwise qualified such sums
40 as may be authorized by federal legislation to be paid for such educa-
41 tion. The board of trustees may conduct on a fee basis extension courses
42 and courses for adult education appropriate to the field of higher
43 education. In all courses and courses of study it may, in its
44 discretion, require students to pay library, laboratory, locker, break-
45 age and other instructional and non-instructional fees and meet the cost
46 of books and consumable supplies. In addition to the foregoing fees and
47 charges, the board of trustees may impose and collect fees and charges
48 for student government and other student activities and receive and
49 expend them as agent or trustee.
50 § 5. The second undesignated paragraph of subdivision 5 of section
51 6301 of the education law, as amended by chapter 327 of the laws of
52 2002, is amended to read as follows:
53 Provided, further, that a student without lawful immigration status
54 shall also be required to file an affidavit with such institution or
55 educational unit stating that the student has filed an application to
56 legalize his or her immigration status, or will file such an application
S. 5904 3
1 as soon as he or she is eligible to do so. Such affidavit shall be
2 provided in a uniform online format for qualifying students to fill out
3 and submit to the institution of higher education.
4 § 6. The closing paragraph of paragraph (a) of subdivision 2 and the
5 closing paragraph of paragraph (a) of subdivision 3 of section 6455 of
6 the education law, as amended by chapter 26 of the laws of 2019, are
7 amended to read as follows:
8 Provided, further, that a student without lawful immigration status
9 shall also be required to file an affidavit with such institution of
10 higher education stating that the student has filed an application to
11 legalize his or her immigration status, or will file such an application
12 as soon as he or she is eligible to do so. Such affidavit shall be
13 provided in a uniform online format for qualifying students to fill out
14 and submit to the institution of higher education.
15 Provided, further, that a student without lawful immigration status
16 shall also be required to file an affidavit with such institution of
17 higher education stating that the student has filed an application to
18 legalize his or her immigration status, or will file such an application
19 as soon as he or she is eligible to do so. Such affidavit shall be
20 provided in a uniform online format for qualifying students to fill out
21 and submit to the institution of higher education.
22 § 7. This act shall take effect on the sixtieth day after it shall
23 have become a law; provided, however, that section three of this act
24 shall take effect on the same date as the reversion of paragraph (a) of
25 subdivision 7 of section 6206 of the education law as provided in
26 section 16 of chapter 260 of the laws of 2011, as amended; provided
27 further, however, that the amendments to paragraph (a-1) of subdivision
28 7 of section 6206 of the education law made by section four of this act
29 shall not affect the repeal of such paragraph and shall be deemed
30 repealed therewith.
