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A08399 Summary:

BILL NOA08399
 
SAME ASSAME AS S07752
 
SPONSORBrown E
 
COSPNSRBendett, Angelino, Manktelow, Slater, Smullen, Simpson, DeStefano, Gallahan, Byrnes, Tague, Lemondes, Ra, Hawley, Blumencranz, Beephan, Novakhov, Brown K, Mikulin, Fitzpatrick, Smith
 
MLTSPNSR
 
Amd §§666, 667, 667-a & 667-c, Ed L
 
Enacts "the combating campus antisemitism act"; prohibits the granting of tuition assistance awards to any student who has knowingly engaged in promoting antisemitism in a manner that is directed to inciting or producing imminent lawless action and is likely to incite or produce such action, that constitutes "true threats"; makes related provisions.
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A08399 Actions:

BILL NOA08399
 
12/13/2023referred to higher education
01/03/2024referred to higher education
04/09/2024held for consideration in higher education
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A08399 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8399
 
SPONSOR: Brown E
  TITLE OF BILL: An act to amend the education law, in relation to prohibiting the grant of tuition assistance awards to any student who has knowingly engaged in certain antisemitic activities   PURPOSE: To ensure New York State tuition assistance awards will not be provided to any college student who has knowingly engaged in certain antisemitic activities.   SUMMARY OF PROVISIONS: Section 1. This act shall be known and shall be cited as "the combating campus antisemitism act". Section 2: Subdivision 2 of section 666 of the education law, as 2 amended by chapter 947 of the laws of 1990, is amended. Section 3. Subdivision of section 667 of the education law, as amended by 22 chapter 622 of the laws of 2008, is amended. Section 4. Subdivision 1 of section 667-a of the education law, as amended 10 by chapter 83 of the laws of 1995, is amended. Section 5. Subdivision 1 of section 667-c of the education law, as amended by section 1 of part E of chapter 56 of the laws of 2022 and paragraph (b) as amended by section 1 of part EE of chapter 56 of the laws of 2023, is amended. Section 6. This act shall take effect immediately.   JUSTIFICATION: The Anti-Defamation League has reported an almost 400 percent rise in antisemitic incidents since the October 7, 2023 Hamas terrorist attack. Several of these incidents have occurred on college campuses in New York.   LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS: Unknown.   EFFECTIVE DATE: This act shall take effect immediately.
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A08399 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8399
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 13, 2023
                                       ___________
 
        Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
          tee on Higher Education
 
        AN  ACT to amend the education law, in relation to prohibiting the grant
          of tuition assistance awards to any student who has knowingly  engaged
          in certain antisemitic activities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act may be known and shall  be  cited  as
     2  "the combating campus antisemitism act".
     3    §  2. Subdivision 2 of section 666 of the education law, as amended by
     4  chapter 947 of the laws of 1990, is amended to read as follows:
     5    2. Eligible students. Tuition awards may  be  made  to  students,  who
     6  comply  with  the  requirements provided in subdivisions three, five and
     7  six of section six hundred sixty-one of this article, and  (i) are  also
     8  part-time   students   matriculated  in  approved  undergraduate  degree
     9  programs or enrolled and accepted into registered  certificate  programs
    10  and  (ii) if eligible to claim dependents or to be claimed as dependents
    11  under the tax law, whose incomes  do  not  exceed  fifty  thousand  five
    12  hundred fifty dollars or if ineligible whose incomes do not exceed thir-
    13  ty-four  thousand  two hundred fifty dollars. The continuation of eligi-
    14  bility for a tuition award shall require the retention of good  academic
    15  standing, as defined by the commissioner pursuant to article thirteen of
    16  this  chapter. Prior to the approval of any additional award pursuant to
    17  this section,  participating  institutions  shall  review  the  academic
    18  standing  of  all  recipients  of  awards  pursuant to this section; and
    19  provided, further, that no tuition assistance award shall be provided to
    20  any student, in any academic year, who has knowingly engaged in  promot-
    21  ing  antisemitism  in a manner that is directed to inciting or producing
    22  imminent lawless action and is likely to incite or produce such  action,
    23  that constitutes "true threats," as defined by the United States supreme
    24  court in Virginia v. Black (2003), or that constitutes "fighting words,"
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13566-04-3

        A. 8399                             2
 
     1  pursuant  to  Chaplinsky v. New Hampshire (1942), or fails to adequately
     2  address any such event. The term  "antisemitism"  shall  have  the  same
     3  meaning  as the working definition for "antisemitism" as provided by the
     4  International  Holocaust Remembrance Alliance on May 26, 2016, including
     5  the contemporary examples of antisemitism  cited  by  the  International
     6  Holocaust  Remembrance  Alliance.   The higher education services corpo-
     7  ration of the state of New York shall establish guidelines for determin-
     8  ing when a student has knowingly engaged in  promoting  antisemitism  as
     9  well  as  guidelines  for  actions  that  may be taken to restore and/or
    10  resume a tuition assistance award.
    11    § 3. Subdivision 1 of section 667 of the education law, as amended  by
    12  chapter 622 of the laws of 2008, is amended to read as follows:
    13    1.  Recipient  qualifications.  Tuition  assistance program awards are
    14  available for all students who are enrolled in approved programs and who
    15  demonstrate the ability to complete such  courses,  in  accordance  with
    16  standards  established  by  the  commissioner provided, however, that no
    17  award shall be made unless tuition (exclusive of educational fees)  and,
    18  if  applicable,  the  college  fee levied by the state university of New
    19  York pursuant to the April first, nineteen hundred sixty-four  financing
    20  agreements  with  the New York state dormitory authority charged for the
    21  program in which the student is enrolled  total  at  least  two  hundred
    22  dollars  a  year,  [and  provided further that,] no award can exceed one
    23  hundred percent of the amount of tuition charged; and provided, further,
    24  that no tuition assistance award shall be provided to  any  student,  in
    25  any  academic  year, who has knowingly engaged in promoting antisemitism
    26  in a manner that is directed to inciting or producing  imminent  lawless
    27  action  and is likely to incite or produce such action, that constitutes
    28  "true threats," as defined by the United States supreme court in  Virgi-
    29  nia  v.  Black (2003), or that constitutes "fighting words," pursuant to
    30  Chaplinsky v. New Hampshire (1942), or fails to adequately  address  any
    31  such  event.  The term "antisemitism" shall have the same meaning as the
    32  working definition for "antisemitism" as provided by  the  International
    33  Holocaust  Remembrance Alliance on May 26, 2016, including the contempo-
    34  rary examples of  antisemitism  cited  by  the  International  Holocaust
    35  Remembrance  Alliance.  The higher education services corporation of the
    36  state of New York shall establish  guidelines  for  determining  when  a
    37  student  has  knowingly  engaged  in  promoting  antisemitism as well as
    38  guidelines for actions that may be taken  to  restore  and/or  resume  a
    39  tuition assistance award.
    40    §  4.  Subdivision 1 of section 667-a of the education law, as amended
    41  by chapter 83 of the laws of 1995, is amended to read as follows:
    42    1. Legislative intent. The legislature hereby finds  that  to  further
    43  the goal of equal opportunity it is necessary to assure the availability
    44  of  supplemental  assistance  for  the  successful remediation of educa-
    45  tionally disadvantaged students  in  addition  to  assistance  currently
    46  available  under  existing  statute  for  students  with financial need.
    47  Accordingly, tuition assistance shall be extended to students whose need
    48  for remediation precludes them from fulfilling the program  pursuit  and
    49  academic  progress  requirements  of the tuition assistance program; and
    50  provided, further, that no supplemental tuition assistance  award  shall
    51  be  provided  to  any  student,  in any academic year, who has knowingly
    52  engaged in promoting antisemitism in a manner that is directed to incit-
    53  ing or producing imminent lawless action and  is  likely  to  incite  or
    54  produce  such action, that constitutes "true threats," as defined by the
    55  United States supreme court in Virginia v. Black (2003), or that consti-
    56  tutes "fighting words," pursuant to Chaplinsky v. New Hampshire  (1942),

        A. 8399                             3
 
     1  or  fails  to adequately address any such event. The term "antisemitism"
     2  shall have the same meaning as the working definition for "antisemitism"
     3  as provided by the International Holocaust Remembrance Alliance  on  May
     4  26,  2016,  including the contemporary examples of antisemitism cited by
     5  the International Holocaust Remembrance Alliance.  The higher  education
     6  services corporation of the state of New York shall establish guidelines
     7  for  determining when a student has knowingly engaged in promoting anti-
     8  semitism as well as guidelines for actions that may be taken to  restore
     9  and/or resume a tuition assistance award.
    10    §  5.  Subdivision 1 of section 667-c of the education law, as amended
    11  by section 1 of part E of chapter 56 of the laws of 2022  and  paragraph
    12  (b)  as  amended  by  section  1 of part EE of chapter 56 of the laws of
    13  2023, is amended to read as follows:
    14    1. Notwithstanding any law, rule or regulation to  the  contrary,  the
    15  president  of the higher education services corporation is authorized to
    16  make tuition assistance program awards to:
    17    a. part-time students enrolled at the state  university,  a  community
    18  college,  the  city  university of New York, and a non-profit college or
    19  university incorporated by the regents or by the  legislature  who  meet
    20  all  requirements  for  tuition assistance program awards except for the
    21  students' part-time attendance; and provided, further, that no part-time
    22  tuition assistance award shall  be  provided  to  any  student,  in  any
    23  academic  year, who has knowingly engaged in promoting antisemitism in a
    24  manner that is directed to inciting or producing imminent lawless action
    25  and is likely to incite or produce such action, that  constitutes  "true
    26  threats,"  as  defined by the United States supreme court in Virginia v.
    27  Black (2003), or that constitutes "fighting words," pursuant to Chaplin-
    28  sky v. New Hampshire (1942), or fails to  adequately  address  any  such
    29  event.  The term "antisemitism" shall have the same meaning as the work-
    30  ing definition for "antisemitism" as provided by the International Holo-
    31  caust Remembrance Alliance on May 26, 2016, including  the  contemporary
    32  examples  of  antisemitism  cited  by the International Holocaust Remem-
    33  brance Alliance.  The higher education services corporation of the state
    34  of New York shall establish guidelines for determining  when  a  student
    35  has  knowingly  engaged  in promoting antisemitism as well as guidelines
    36  for actions that may be taken  to  restore  and/or    resume  a  tuition
    37  assistance award; or
    38    b.  part-time  students  enrolled  at  a community college or a public
    39  agricultural and technical college in a non-degree workforce  credential
    40  program  directly  leading to the employment or advancement of a student
    41  in a "significant industry" as identified by the department of labor  in
    42  its three most recent statewide significant industries reports published
    43  preceding  the student's enrollment in such non-degree workforce creden-
    44  tial program. The state university of New York and the  city  university
    45  of  New  York  shall  publish and maintain a master list of all eligible
    46  non-degree workforce credential program courses  and  update  such  list
    47  every  semester. Eligible non-degree workforce credential programs shall
    48  include those programs less than twelve semester hours,  or  the  equiv-
    49  alent,  per  semester. A student who successfully completes a non-degree
    50  workforce credential program and receives part-time  tuition  assistance
    51  program  awards  pursuant  to  this  paragraph shall be awarded academic
    52  credit by the state university of New York or  city  university  of  New
    53  York  upon  matriculation  into  a  degree  program at such institution,
    54  provided that such credit shall be equal  to  the  corresponding  credit
    55  hours  earned  in  the  non-degree  workforce  credential  program;  and
    56  provided, further, that no part-time tuition assistance award  shall  be

        A. 8399                             4

     1  provided to any student, in any academic year, who has knowingly engaged
     2  in  promoting  antisemitism  in a manner that is directed to inciting or
     3  producing imminent lawless action and is likely  to  incite  or  produce
     4  such  action,  that constitutes "true threats," as defined by the United
     5  States supreme court in Virginia v. Black (2003),  or  that  constitutes
     6  "fighting  words,"  pursuant  to  Chaplinsky v. New Hampshire (1942), or
     7  fails to adequately address any  such  event.  The  term  "antisemitism"
     8  shall have the same meaning as the working definition for "antisemitism"
     9  as  provided  by the International Holocaust Remembrance Alliance on May
    10  26, 2016, including the contemporary examples of antisemitism  cited  by
    11  the  International Holocaust Remembrance Alliance.  The higher education
    12  services corporation of the state of New York shall establish guidelines
    13  for determining when a student has knowingly engaged in promoting  anti-
    14  semitism  as well as guidelines for actions that may be taken to restore
    15  and/or resume a tuition assistance award.
    16    § 6. This act shall take effect immediately.
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