Amd SS661, 355, 6206, 6305, 6451, 6452 & 6455, Ed L
Grants eligibility for student financial aid to persons granted deferred action for childhood arrival status and to certain non-residents of the state.
STATE OF NEW YORK
________________________________________________________________________
7842
IN SENATE
August 20, 2012
___________
Introduced by Sen. PERKINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to the eligibility for
student financial aid of individuals granted deferred action for
childhood arrival status and of certain non-residents of the state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 661 of the education law, as
2 amended by chapter 133 of the laws of 1982, is amended to read as
3 follows:
4 3. Citizenship. An applicant (a) must be a citizen of the United
5 States, or (b) must be an alien lawfully admitted for permanent resi-
6 dence in the United States, or (c) must be an individual of a class of
7 refugees paroled by the attorney general of the United States under his
8 or her parole authority pertaining to the admission of aliens to the
9 United States, or (d) must be an individual granted deferred action for
10 childhood arrival status pursuant to rules and regulations set forth by
11 the United States Citizenship and Immigration Services.
12 § 2. Paragraphs a and b of subdivision 5 of section 661 of the educa-
13 tion law, as amended by chapter 466 of the laws of 1977, are amended to
14 read as follows:
15 a. (i) Except as provided in subdivision two of section six hundred
16 seventy-four of this part and subparagraph (ii) of this paragraph, an
17 applicant for an award at the undergraduate level of study must either
18 [(i)] (a) have been a legal resident of the state for at least one year
19 immediately preceding the beginning of the semester, quarter or term of
20 attendance for which application for assistance is made, or [(ii)] (b)
21 be a legal resident of the state and have been a legal resident during
22 his or her last two semesters of high school either prior to graduation,
23 or prior to admission to college. Provided further that persons shall be
24 eligible to receive awards under section six hundred sixty-eight or
25 section six hundred sixty-nine of this part who are currently legal
26 residents of the state and are otherwise qualified.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16443-01-2
S. 7842 2
1 (ii) An applicant who is not a legal resident of the state eligible
2 pursuant to subparagraph (i) of this paragraph, but is a United States
3 citizen, a permanent lawful resident, a lawful non-immigrant alien or an
4 individual granted deferred action for childhood arrival status pursuant
5 to rules and regulations set forth by the United States Citizenship and
6 Immigration Services shall be eligible for an award at the undergraduate
7 level of study provided that the student:
8 (a) attended a registered New York state high school for two or more
9 years, graduated from a registered New York state high school and
10 applied for attendance at the institution of higher education for the
11 undergraduate study for which an award is sought within five years of
12 receiving a New York state high school diploma; or
13 (b) attended an approved New York state program for a state high
14 school equivalency diploma, received a state high school equivalency
15 diploma and applied for attendance at the institution of higher educa-
16 tion for the undergraduate study for which an award is sought within
17 five years of receiving a state high school equivalency diploma; or
18 (c) is otherwise eligible for the payment of tuition and fees at a
19 rate no greater than that imposed for resident students of the state
20 university of New York, the city university of New York or community
21 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
22 sion two of section three hundred fifty-five or paragraph (a) of subdi-
23 vision seven of section sixty-two hundred six of this chapter.
24 b. [An] (i) Except as otherwise provided in subparagraph (ii) of this
25 paragraph, an applicant for an award at the graduate level of study must
26 either [(i)] (a) have been a legal resident of the state for at least
27 one year immediately preceding the beginning of the semester, quarter or
28 term of attendance for which application for assistance is made, or
29 [(ii)] (b) be a legal resident of the state and have been a legal resi-
30 dent during his or her last academic year of undergraduate study and
31 have continued to be a legal resident until matriculation in the gradu-
32 ate program.
33 (ii) An applicant who is not a legal resident of the state eligible
34 pursuant to subparagraph (i) of this paragraph, but is a United States
35 citizen, a permanent lawful resident, a lawful non-immigrant alien or an
36 individual granted deferred action for childhood arrival status pursuant
37 to rules and regulations set forth by the United States Citizenship and
38 Immigration Services shall be eligible for an award at the undergraduate
39 level of study provided that the student:
40 (a) attended a registered approved New York state high school for two
41 or more years, graduated from a registered New York state high school
42 and applied for attendance at the institution of higher education for
43 the graduate study for which an award is sought within ten years of
44 receiving a New York state high school diploma; or
45 (b) attended an approved New York state program for a state high
46 school equivalency diploma, received a state high school equivalency
47 diploma and applied for attendance at the institution of higher educa-
48 tion for the graduate study for which an award is sought within ten
49 years of receiving a state high school equivalency diploma; or
50 (c) is otherwise eligible for the payment of tuition and fees at a
51 rate no greater than that imposed for resident students of the state
52 university of New York, the city university of New York or community
53 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
54 sion two of section three hundred fifty-five or paragraph (a) of subdi-
55 vision seven of section sixty-two hundred six of this chapter.
S. 7842 3
1 § 3. Paragraph d of subdivision 5 of section 661 of the education law,
2 as amended by chapter 844 of the laws of 1975, is amended to read as
3 follows:
4 d. If an applicant for an award allocated on a geographic basis has
5 more than one residence in this state, his or her residence for the
6 purpose of this article shall be his or her place of actual residence
7 during the major part of the year while attending school, as determined
8 by the commissioner; and further, provided, that an applicant who does
9 not have a residence in this state and is eligible for an award pursuant
10 to subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b
11 of this subdivision shall be deemed to reside in the geographic area of
12 the institution of higher education in which he or she attends for
13 purposes of an award allocated on a geographic basis.
14 § 4. Paragraph e of subdivision 5 of section 661 of the education law,
15 as added by chapter 630 of the laws of 2005, is amended to read as
16 follows:
17 e. Notwithstanding any other provision of this article to the contra-
18 ry, the New York state [residency] eligibility [requirement] require-
19 ments for receipt of awards [is] set forth in paragraphs a and b of this
20 subdivision are waived for a member, or the spouse or dependent of a
21 member, of the armed forces of the United States on full-time active
22 duty and stationed in this state.
23 § 5. Paragraph h of subdivision 2 of section 355 of the education law
24 is amended by adding a new subparagraph 10 to read as follows:
25 (10) Such regulations shall further provide that any student who is
26 not a legal resident of New York state but is a United States citizen, a
27 permanent lawful resident, a lawful non-immigrant alien or an individual
28 granted deferred action for childhood arrival status pursuant to rules
29 and regulations set forth by the United States Citizenship and Immi-
30 gration Services may have the payment of tuition and other fees and
31 charges reduced by state-aided programs, scholarships or other financial
32 assistance awarded under the provisions of articles thirteen, thir-
33 teen-a, fourteen and fourteen-a of this title, provided that the student
34 meets the requirements set forth in subparagraph (ii) of paragraph a or
35 subparagraph (ii) of paragraph b of subdivision five of section six
36 hundred sixty-one of this title, as applicable.
37 § 6. Subdivision 7 of section 6206 of the education law is amended by
38 adding a new paragraph (d) to read as follows:
39 (d) The trustees shall further provide that any student who is not a
40 legal resident of New York state but is a United States citizen, a
41 permanent lawful resident, a lawful non-immigrant alien or an individual
42 granted deferred action for childhood arrival status pursuant to rules
43 and regulations set forth by the United States Citizenship and Immi-
44 gration Services may have the payment of tuition and other fees and
45 charges reduced by state-aided programs, scholarships or other financial
46 assistance awarded under the provisions of articles thirteen, thir-
47 teen-a, fourteen and fourteen-a of this chapter, provided that the
48 student meets the requirements set forth in subparagraph (ii) of para-
49 graph a or subparagraph (ii) of paragraph b of subdivision five of
50 section six hundred sixty-one of this chapter, as applicable.
51 § 7. Section 6305 of the education law is amended by adding a new
52 subdivision 8-a to read as follows:
53 8-a. The payment of tuition and other fees and charges of a student
54 who is attending a community college and who is not a legal resident of
55 New York state but is a United States citizen, a permanent lawful resi-
56 dent, a lawful non-immigrant alien or an individual granted deferred
S. 7842 4
1 action for childhood arrival status pursuant to rules and regulations
2 set forth by the United States Citizenship and Immigration Services may
3 be reduced by state-aided programs, scholarships and other financial
4 assistance awarded under the provisions of articles thirteen, thir-
5 teen-a, fourteen and fourteen-a of this chapter, provided that the
6 student meets the requirements set forth in subparagraph (ii) of para-
7 graph a or subparagraph (ii) of paragraph b of subdivision five of
8 section six hundred sixty-one of this chapter, as applicable.
9 § 8. Paragraph d of subdivision 3 of section 6451 of the education
10 law, as amended by chapter 149 of the laws of 1972, is amended to read
11 as follows:
12 d. Any necessary supplemental financial assistance, which may include
13 the cost of books and necessary maintenance for such enrolled students,
14 including students granted deferred action for childhood arrival status
15 pursuant to rules and regulations set forth by the United States Citi-
16 zenship and Immigration Services provided that the student meets the
17 requirements set forth in subparagraph (ii) of paragraph a or subpara-
18 graph (ii) of paragraph b of subdivision five of section six hundred
19 sixty-one of this chapter, as applicable; provided, however, that such
20 supplemental financial assistance shall be furnished pursuant to crite-
21 ria promulgated by the commissioner with the approval of the director of
22 the budget.
23 § 9. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
24 of the education law, as added by chapter 917 of the laws of 1970, is
25 amended to read as follows:
26 (v) Any necessary supplemental financial assistance, which may include
27 the cost of books and necessary maintenance for such students, including
28 students granted deferred action for childhood arrival status pursuant
29 to rules and regulations set forth by the United States Citizenship and
30 Immigration Services provided that the student meets the requirements
31 set forth in subparagraph (ii) of paragraph a or subparagraph (ii) of
32 paragraph b of subdivision five of section six hundred sixty-one of this
33 chapter, as applicable; provided, however, that such supplemental finan-
34 cial assistance shall be furnished pursuant to criteria promulgated by
35 such universities and approved by the regents and the director of the
36 budget.
37 § 10. Paragraph (a) of subdivision 2 of section 6455 of the education
38 law, as added by chapter 285 of the laws of 1986, is amended to read as
39 follows:
40 (a) (i) Undergraduate science and technology entry program moneys may
41 be used for tutoring, counseling, remedial and special summer courses,
42 supplemental financial assistance, program administration, and other
43 activities which the commissioner may deem appropriate. To be eligible
44 for undergraduate collegiate science and technology entry program
45 support, a student must be a resident of New York [who is], or meet the
46 requirements of subparagraph (ii) of this paragraph, and must be either
47 economically disadvantaged or from a minority group historically under-
48 represented in the scientific, technical, health and health-related
49 professions, and [who demonstrates] must demonstrate interest in and a
50 potential for a professional career if provided special services. Eligi-
51 ble students must be in good academic standing, enrolled full time in an
52 approved, undergraduate level program of study, as defined by the
53 regents.
54 (ii) An applicant who is not a legal resident of New York state, but
55 who is a United States citizen, a permanent lawful resident, a lawful
56 non-immigrant alien or an individual granted deferred action for child-
S. 7842 5
1 hood arrival status pursuant to rules and regulations set forth by the
2 United States Citizenship and Immigration Services, shall be eligible
3 for an award at the undergraduate level of study provided that the
4 student:
5 (1) attended a registered New York state high school for two or more
6 years, graduated from a registered New York state high school and
7 applied for attendance at the institution of higher education for the
8 undergraduate study for which an award is sought within five years of
9 receiving a New York state high school diploma; or
10 (2) attended an approved New York state program for a state high
11 school equivalency diploma, received a state high school equivalency
12 diploma and applied for attendance at the institution of higher educa-
13 tion for the undergraduate study for which an award is sought within
14 five years of receiving a state high school equivalency diploma,
15 attended an approved New York state high school for two or more years,
16 graduated from an approved New York state high school and applied for
17 attendance at an institution of higher education within five years of
18 receiving a New York state high school diploma; or
19 (3) is otherwise eligible for the payment of tuition and fees at a
20 rate no greater than that imposed for resident students of the state
21 university of New York, the city university of New York or community
22 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
23 sion two of section three hundred fifty-five or paragraph (a) of subdi-
24 vision seven of section sixty-two hundred six of this chapter.
25 § 11. Paragraph (a) of subdivision 3 of section 6455 of the education
26 law, as added by chapter 285 of the laws of 1986, is amended to read as
27 follows:
28 (a) (i) Graduate science and technology entry program moneys may be
29 used for recruitment, academic enrichment, career planning, supplemental
30 financial assistance, review for licensing examinations, program admin-
31 istration, and other activities which the commissioner may deem appro-
32 priate. To be eligible for graduate collegiate science and technology
33 entry program support, a student must be a resident of New York [who
34 is], or meet the requirements of subparagraph (ii) of this paragraph,
35 and must be either economically disadvantaged or from a minority group
36 historically underrepresented in the scientific, technical and health-
37 related professions. Eligible students must be in good academic stand-
38 ing, enrolled full time in an approved graduate level program, as
39 defined by the regents.
40 (ii) An applicant who is not a legal resident of New York state, but
41 either is a United States citizen, a permanent lawful resident, a lawful
42 non-immigrant alien or an individual granted deferred action for child-
43 hood arrival status pursuant to rules and regulations set forth by the
44 United States Citizenship and Immigration Services shall be eligible for
45 an award at the undergraduate level of study provided that the student:
46 (1) attended a registered approved New York state high school for two
47 or more years, graduated from a registered New York state high school
48 and applied for attendance at the institution of higher education for
49 the graduate study for which an award is sought within ten years of
50 receiving a New York state high school diploma; or
51 (2) attended an approved New York state program for a state high
52 school equivalency diploma, received a state high school equivalency
53 diploma and applied for attendance at the institution of higher educa-
54 tion for the graduate study for which an award is sought within ten
55 years of receiving a state high school equivalency diploma; or
S. 7842 6
1 (3) is otherwise eligible for the payment of tuition and fees at a
2 rate no greater than that imposed for resident students of the state
3 university of New York, the city university of New York or community
4 colleges as prescribed in subparagraph eight of paragraph h of subdivi-
5 sion two of section three hundred fifty-five or paragraph (a) of subdi-
6 vision seven of section sixty-two hundred six of this chapter.
7 § 12. The commissioner of education, in consultation with the presi-
8 dent of the higher education services corporation, shall establish an
9 application form and procedure that shall allow a student applicant
10 under paragraph d of subdivision 3 of section 661 of the education law,
11 as added by section one of this act, to apply directly to the higher
12 education services corporation or education department for applicable
13 awards without having to submit information to any other state or feder-
14 al agency. All information contained within the applications filed with
15 such corporation or department shall be deemed confidential.
16 § 13. This act shall take effect on the ninetieth day after the issu-
17 ance of regulations on the deferred action for childhood arrivals
18 program by the United States Citizenship and Immigration Services, or on
19 the ninetieth day after it shall have become a law, whichever shall be
20 later, provided however, that effective immediately, the addition,
21 amendment and/or repeal of any rule or regulation necessary for the
22 implementation of this act on its effective date is authorized and
23 directed to be made and completed on or before such effective date;
24 provided that the commissioner of education shall notify the legislative
25 bill drafting commission upon the occurrence of the issuance of the
26 regulations on the deferred action for childhood arrivals program by the
27 United States Citizenship and Immigration Services in order that the
28 commission may maintain an accurate and timely effective data base of
29 the official text of the laws of the state of New York in furtherance of
30 effectuating the provisions of section 44 of the legislative law and
31 section 70-b of the public officers law.
