STATE OF NEW YORK
________________________________________________________________________
10026
IN ASSEMBLY
April 29, 2022
___________
Introduced by M. of A. CRUZ -- read once and referred 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
25 to legalize his or her immigration status, or will file such an applica-
26 tion as soon as he or she is eligible to do so.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11719-03-2
A. 10026 2
1 § 3. The closing paragraph of paragraph (a) of subdivision 7 of
2 section 6206 of the education law, as amended by chapter 327 of the laws
3 of 2002, is amended to read as follows:
4 A student without lawful immigration status shall also be required to
5 file an affidavit with such institution or educational unit stating that
6 the student has filed an application to legalize his or her immigration
7 status, or will file such an application as soon as he or she is eligi-
8 ble to do so. Such affidavit shall be provided in a uniform online
9 format for qualifying students to fill out and submit to the institution
10 of higher education. The trustees shall not adopt changes in tuition
11 charges prior to the enactment of the annual budget. The board of trus-
12 tees may accept as partial reimbursement for the education of veterans
13 of the armed forces of the United States who are otherwise qualified
14 such sums as may be authorized by federal legislation to be paid for
15 such education. The board of trustees may conduct on a fee basis exten-
16 sion courses and courses for adult education appropriate to the field of
17 higher education. In all courses and courses of study it may, in its
18 discretion, require students to pay library, laboratory, locker, break-
19 age and other instructional and non-instructional fees and meet the cost
20 of books and consumable supplies. In addition to the foregoing fees and
21 charges, the board of trustees may impose and collect fees and charges
22 for student government and other student activities and receive and
23 expend them as agent or trustee.
24 § 4. The closing paragraph of paragraph (a-1) of subdivision 7 of
25 section 6206 of the education law, as amended by chapter 260 of the laws
26 of 2011, is amended to read as follows:
27 A student without lawful immigration status shall also be required to
28 file an affidavit with such institution or educational unit stating that
29 the student has filed an application to legalize his or her immigration
30 status, or will file such an application as soon as he or she is eligi-
31 ble to do so. Such affidavit shall be provided in a uniform online
32 format for qualifying students to fill out and submit to the institution
33 of higher education. Except as otherwise authorized in paragraph (a) of
34 this subdivision, the trustees shall not adopt changes in tuition charg-
35 es prior to the enactment of the annual budget. The board of trustees
36 may accept as partial reimbursement for the education of veterans of the
37 armed forces of the United States who are otherwise qualified such sums
38 as may be authorized by federal legislation to be paid for such educa-
39 tion. The board of trustees may conduct on a fee basis extension courses
40 and courses for adult education appropriate to the field of higher
41 education. In all courses and courses of study it may, in its
42 discretion, require students to pay library, laboratory, locker, break-
43 age and other instructional and non-instructional fees and meet the cost
44 of books and consumable supplies. In addition to the foregoing fees and
45 charges, the board of trustees may impose and collect fees and charges
46 for student government and other student activities and receive and
47 expend them as agent or trustee.
48 § 5. The second undesignated paragraph of subdivision 5 of section
49 6301 of the education law, as amended by chapter 327 of the laws of
50 2002, is amended to read as follows:
51 Provided, further, that a student without lawful immigration status
52 shall also be required to file an affidavit with such institution or
53 educational unit stating that the student has filed an application to
54 legalize his or her immigration status, or will file such an application
55 as soon as he or she is eligible to do so. Such affidavit shall be
A. 10026 3
1 provided in a uniform online format for qualifying students to fill out
2 and submit to the institution of higher education.
3 § 6. The closing paragraph of paragraph (a) of subdivision 2 and the
4 closing paragraph of paragraph (a) of subdivision 3 of section 6455 of
5 the education law, as amended by chapter 26 of the laws of 2019, are
6 amended to read as follows:
7 Provided, further, that a student without lawful immigration status
8 shall also be required to file an affidavit with such institution of
9 higher education stating that the student has filed an application to
10 legalize his or her immigration status, or will file such an application
11 as soon as he or she is eligible to do so. Such affidavit shall be
12 provided in a uniform online format for qualifying students to fill out
13 and submit to the institution of higher education.
14 Provided, further, that a student without lawful immigration status
15 shall also be required to file an affidavit with such institution of
16 higher education stating that the student has filed an application to
17 legalize his or her immigration status, or will file such an application
18 as soon as he or she is eligible to do so. Such affidavit shall be
19 provided in a uniform online format for qualifying students to fill out
20 and submit to the institution of higher education.
21 § 7. This act shall take effect on the sixtieth day after it shall
22 have become a law; provided, however, that section three of this act
23 shall take effect on the same date as the reversion of paragraph (a) of
24 subdivision 7 of section 6206 of the education law as provided in
25 section 16 of chapter 260 of the laws of 2011, as amended; provided
26 further, however, that the amendments to paragraph (a-1) of subdivision
27 7 of section 6206 of the education law made by section four of this act
28 shall not affect the repeal of such paragraph and shall be deemed
29 repealed therewith.
