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
________________________________________________________________________
8403--A
2023-2024 Regular Sessions
IN ASSEMBLY
December 13, 2023
___________
Introduced by M. of A. FORREST -- read once and referred to the Commit-
tee on Higher Education -- recommitted to the Committee on Higher
Education in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13580-02-4
A. 8403--A 2
1 educational unit to pay tuition at the rate or charge imposed for
2 students who are residents of the state.
3 A student without lawful immigration status shall also be required to
4 file an affidavit with such institution or educational unit stating that
5 the student has filed an application to legalize his or her immigration
6 status, or will file such an application as soon as he or she is eligi-
7 ble to do so] has resided in the state for a period of at least one year
8 and in the county, city, town, intermediate school district, school
9 district or community college region, as the case may be, for a period
10 of at least six months, both immediately preceding the date of such
11 person's registration in a state-operated institution, a statutory or
12 contract college, a community college, or such student's application for
13 a certificate of residence.
14 § 2. Subdivision 5 of section 6301 of the education law, as amended by
15 chapter 327 of the laws of 2002, the opening paragraph as amended by
16 chapter 669 of the laws of 2022, is amended to read as follows:
17 5. "Resident." A person who has resided in the state for a period of
18 at least one year and in the county, city, town, intermediate school
19 district, school district or community college region, as the case may
20 be, for a period of at least six months, [both] or whichever is earlier,
21 immediately preceding the date of such person's registration in a state-
22 operated institution, a statutory or contract college, or a community
23 college or, for the purposes of section sixty-three hundred five of this
24 article, [his or her] such person's application for a certificate of
25 residence[; provided, however, that this term shall include any student
26 who is not a resident of New York state, other than a non-immigrant
27 noncitizen within the meaning of paragraph (15) of subsection (a) of
28 section 1101 of title 8 of the United States Code, if such student:
29 (i) attended an approved New York high school for two or more years,
30 graduated from an approved New York high school and applied for attend-
31 ance at an institution or educational unit of the state university with-
32 in five years of receiving a New York state high school diploma; or
33 (ii) attended an approved New York state program for general equiv-
34 alency diploma exam preparation, received a general equivalency diploma
35 issued within New York state and applied for attendance at an institu-
36 tion or educational unit of the state university within five years of
37 receiving a general equivalency diploma issued within New York state; or
38 (iii) was enrolled in an institution or educational unit of the state
39 university in the fall semester or quarter of the two thousand one--two
40 thousand two academic year and was authorized by such institution or
41 educational unit to pay tuition at the rate or charge imposed for
42 students who are residents of the state.
43 Provided, further, that a student without lawful immigration status
44 shall also be required to file an affidavit with such institution or
45 educational unit stating that the student has filed an application to
46 legalize his or her immigration status, or will file such an application
47 as soon as he or she is eligible to do so]. The term "resident" shall
48 also include a person who has resided in the county, city, town, inter-
49 mediate school district, school district or community college region, as
50 the case may be, for a period of at least six months immediately preced-
51 ing the date of such person's registration in a state-operated institu-
52 tion, a statutory or contract college, a community college, or such
53 person's application for a certificate of residence and the date of such
54 person's registration in a state-operated institution, a statutory or
55 contract college, or a community college or, for the purposes of section
56 sixty-three hundred five of this article, such person's application for
A. 8403--A 3
1 a certificate of residence if such person can show the following
2 documentation:
3 (i) an employment authorization document (EAD or work permit) (I-766)
4 with the following codes: (A)(3) for refugee, (A)(5) for asylee, and
5 (A)(10) for withholding of deportation or removal;
6 (ii) an I-94 arrival/departure record with an employment authorization
7 stamp and the notation "asylum granted" or "refugee granted"; and
8 (iii) a decision from the United States citizenship and immigration
9 services or the immigration judge granting asylum or withholding of
10 deportation or removal.
11 In the event that a person qualified as above for state residence, but
12 has been a resident of two or more counties in the state during the six
13 months immediately preceding [his] such person's application for a
14 certificate of residence pursuant to section sixty-three hundred five of
15 this chapter, the charges to the counties of residence shall be allo-
16 cated among the several counties proportional to the number of months,
17 or major fraction thereof, of residence in each county.
18 § 3. This act shall take effect immediately.
