Bill Text: NY A06709 | 2019-2020 | General Assembly | Introduced


Bill Title: Removes the requirement that a student without a lawful immigration status must file an affidavit committing to obtaining a lawful immigration status.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2019-03-15 - referred to higher education [A06709 Detail]

Download: New_York-2019-A06709-Introduced.html


                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.
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