STATE OF NEW YORK
________________________________________________________________________
6709
2019-2020 Regular Sessions
IN ASSEMBLY
March 15, 2019
___________
Introduced by M. of A. CRESPO, DE LA ROSA, RODRIGUEZ, PICHARDO, ARROYO,
DILAN, DAVILA, RIVERA -- read once and referred to the Committee on
Higher Education
AN ACT to amend the education law, in relation to removing the require-
ment that a student without a lawful immigration status must file an
affidavit committing to obtaining a lawful immigration status
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 added by chapter 327 of the laws of 2002,
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 alien 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 an institution or educational unit of the state
20 university in the fall semester or quarter of the two thousand one--two
21 thousand two academic year and was authorized by such institution or
22 educational unit to pay tuition at the rate or charge imposed for
23 students who are residents of the state.
24 [A student without lawful immigration status shall also be required to
25 file an affidavit with such institution or educational unit stating that
26 the student has filed an application to legalize his or her immigration
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08175-01-9
A. 6709 2
1 status, or will file such an application as soon as he or she is eligi-
2 ble to do so.]
3 § 2. Paragraph (a) of subdivision 7 of section 6206 of the education
4 law, as amended by chapter 327 of the laws of 2002 and the opening para-
5 graph as amended by section 4 of chapter 437 of the laws of 2015, is
6 amended to read as follows:
7 (a) The board of trustees shall establish positions, departments,
8 divisions and faculties; appoint and in accordance with the provisions
9 of law fix salaries of instructional and non-instructional employees
10 therein; establish and conduct courses and curricula; prescribe condi-
11 tions of student admission, attendance and discharge; and shall have the
12 power to determine in its discretion whether tuition shall be charged
13 and to regulate tuition charges, and other instructional and non-in-
14 structional fees and other fees and charges at the educational units of
15 the city university. The trustees shall review any proposed community
16 college tuition increase and the justification for such increase. The
17 justification provided by the community college for such increase shall
18 include a detailed analysis of ongoing operating costs, capital, debt
19 service expenditures, and all revenues. The trustees shall not impose a
20 differential tuition charge based upon need or income. All students
21 enrolled in programs leading to like degrees at the senior colleges
22 shall be charged a uniform rate of tuition, except for differential
23 tuition rates based on state residency. Notwithstanding any other
24 provision of this paragraph, the trustees may authorize the setting of a
25 separate category of tuition rate, that shall be greater than the
26 tuition rate for resident students and less than the tuition rate for
27 non-resident students, only for students enrolled in distance learning
28 courses who are not residents of the state. The trustees shall further
29 provide that the payment of tuition and fees by any student who is not a
30 resident of New York state, other than a non-immigrant alien within the
31 meaning of paragraph (15) of subsection (a) of section 1101 of title 8
32 of the United States Code, shall be paid at a rate or charge no greater
33 than that imposed for students who are residents of the state if such
34 student:
35 (i) attended an approved New York high school for two or more years,
36 graduated from an approved New York high school and applied for attend-
37 ance at an institution or educational unit of the city university within
38 five years of receiving a New York state high school diploma; or
39 (ii) attended an approved New York state program for general equiv-
40 alency diploma exam preparation, received a general equivalency diploma
41 issued within New York state and applied for attendance at an institu-
42 tion or educational unit of the city university within five years of
43 receiving a general equivalency diploma issued within New York state; or
44 (iii) was enrolled in an institution or educational unit of the city
45 university in the fall semester or quarter of the two thousand one--two
46 thousand two academic year and was authorized by such institution or
47 educational unit to pay tuition at the rate or charge imposed for
48 students who are residents of the state.
49 [A student without lawful immigration status shall also be required to
50 file an affidavit with such institution or educational unit stating that
51 the student has filed an application to legalize his or her immigration
52 status, or will file such an application as soon as he or she is eligi-
53 ble to do so.] The trustees shall not adopt changes in tuition charges
54 prior to the enactment of the annual budget. The board of trustees may
55 accept as partial reimbursement for the education of veterans of the
56 armed forces of the United States who are otherwise qualified such sums
A. 6709 3
1 as may be authorized by federal legislation to be paid for such educa-
2 tion. The board of trustees may conduct on a fee basis extension courses
3 and courses for adult education appropriate to the field of higher
4 education. In all courses and courses of study it may, in its
5 discretion, require students to pay library, laboratory, locker, break-
6 age and other instructional and non-instructional fees and meet the cost
7 of books and consumable supplies. In addition to the foregoing fees and
8 charges, the board of trustees may impose and collect fees and charges
9 for student government and other student activities and receive and
10 expend them as agent or trustee.
11 § 3. Subdivision 5 of section 6301 of the education law, as amended by
12 chapter 327 of the laws of 2002, is amended to read as follows:
13 5. "Resident." A person who has resided in the state for a period of
14 at least one year and in the county, city, town, intermediate school
15 district, school district or community college region, as the case may
16 be, for a period of at least six months, both immediately preceding the
17 date of such person's registration in a community college or, for the
18 purposes of section sixty-three hundred five of this article, his or her
19 application for a certificate of residence; provided, however, that this
20 term shall include any student who is not a resident of New York state,
21 other than a non-immigrant alien within the meaning of paragraph (15) of
22 subsection (a) of section 1101 of title 8 of the United States Code, if
23 such student:
24 (i) attended an approved New York high school for two or more years,
25 graduated from an approved New York high school and applied for attend-
26 ance at an institution or educational unit of the state university with-
27 in five years of receiving a New York state high school diploma; or
28 (ii) attended an approved New York state program for general equiv-
29 alency diploma exam preparation, received a general equivalency diploma
30 issued within New York state and applied for attendance at an institu-
31 tion or educational unit of the state university within five years of
32 receiving a general equivalency diploma issued within New York state; or
33 (iii) was enrolled in an institution or educational unit of the state
34 university in the fall semester or quarter of the two thousand one--two
35 thousand two academic year and was authorized by such institution or
36 educational unit to pay tuition at the rate or charge imposed for
37 students who are residents of the state.
38 [Provided, further, that a student without lawful immigration status
39 shall also be required to file an affidavit with such institution or
40 educational unit stating that the student has filed an application to
41 legalize his or her immigration status, or will file such an application
42 as soon as he or she is eligible to do so.]
43 In the event that a person qualified as above for state residence, but
44 has been a resident of two or more counties in the state during the six
45 months immediately preceding his application for a certificate of resi-
46 dence pursuant to section sixty-three hundred five of this [chapter]
47 article, the charges to the counties of residence shall be allocated
48 among the several counties proportional to the number of months, or
49 major fraction thereof, of residence in each county.
50 § 4. This act shall take effect immediately; provided, however, the
51 amendments made by section two of this act shall take effect on the same
52 date as the reversion of paragraph (a) of subdivision 7 of section 6206
53 of the education law as provided in section 16 of chapter 260 of the
54 laws of 2011, as amended.