Bill Text: NY S09094 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-22 - REFERRED TO HIGHER EDUCATION [S09094 Detail]

Download: New_York-2023-S09094-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9094

                    IN SENATE

                                     April 22, 2024
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education

        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
    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
    27  status, or will file such an application as soon as he or she is  eligi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13580-03-4
        S. 9094                             2

     1  ble to do so] has resided in the state for a period of at least one year
     2  and  in  the  county,  city,  town, intermediate school district, school
     3  district or community college region, as the case may be, for  a  period
     4  of  at  least  six  months,  both immediately preceding the date of such
     5  person's registration in a state-operated institution,  a  statutory  or
     6  contract college, a community college, or such student's application for
     7  a certificate of residence.
     8    § 2. Subdivision 5 of section 6301 of the education law, as amended by
     9  chapter  327  of  the  laws of 2002, the opening paragraph as amended by
    10  chapter 669 of the laws of 2022, is amended to read as follows:
    11    5. "Resident."  A person who has resided in the state for a period  of
    12  at  least  one  year  and in the county, city, town, intermediate school
    13  district, school district or community college region, as the  case  may
    14  be, for a period of at least six months, [both] or whichever is earlier,
    15  immediately preceding the date of such person's registration in a state-
    16  operated  institution,  a  statutory or contract college, or a community
    17  college or, for the purposes of section sixty-three hundred five of this
    18  article, [his or her] such person's application  for  a  certificate  of
    19  residence[;  provided, however, that this term shall include any student
    20  who is not a resident of New York  state,  other  than  a  non-immigrant
    21  noncitizen  within  the  meaning  of paragraph (15) of subsection (a) of
    22  section 1101 of title 8 of the United States Code, if such student:
    23    (i) attended an approved New York high school for two or  more  years,
    24  graduated  from an approved New York high school and applied for attend-
    25  ance at an institution or educational unit of the state university with-
    26  in five years of receiving a New York state high school diploma; or
    27    (ii) attended an approved New York state program  for  general  equiv-
    28  alency  diploma exam preparation, received a general equivalency diploma
    29  issued within New York state and applied for attendance at  an  institu-
    30  tion  or  educational  unit of the state university within five years of
    31  receiving a general equivalency diploma issued within New York state; or
    32    (iii) was enrolled in an institution or educational unit of the  state
    33  university  in the fall semester or quarter of the two thousand one--two
    34  thousand two academic year and was authorized  by  such  institution  or
    35  educational  unit  to  pay  tuition  at  the  rate or charge imposed for
    36  students who are residents of the state.
    37    Provided, further, that a student without  lawful  immigration  status
    38  shall  also  be  required  to file an affidavit with such institution or
    39  educational unit stating that the student has filed  an  application  to
    40  legalize his or her immigration status, or will file such an application
    41  as  soon  as he or she is eligible to do so].  The term "resident" shall
    42  also include a person who has resided in the county, city, town,  inter-
    43  mediate school district, school district or community college region, as
    44  the case may be, for a period of at least six months immediately preced-
    45  ing  the date of such person's registration in a state-operated institu-
    46  tion, a statutory or contract college,  a  community  college,  or  such
    47  person's application for a certificate of residence and the date of such
    48  person's  registration  in  a state-operated institution, a statutory or
    49  contract college, or a community college or, for the purposes of section
    50  sixty-three hundred five of this article, such person's application  for
    51  a  certificate  of  residence    if  such  person can show the following
    52  documentation:
    53    (i) an employment authorization document (EAD or work permit)  (I-766)
    54  with  the  following  codes:  (A)(3) for refugee, (A)(5) for asylee, and
    55  (A)(10) for withholding of deportation or removal;
        S. 9094                             3

     1    (ii) an I-94 arrival/departure record with an employment authorization
     2  stamp and the notation "asylum granted" or "refugee granted"; and
     3    (iii)  a  decision  from the United States citizenship and immigration
     4  services or the immigration judge  granting  asylum  or  withholding  of
     5  deportation or removal.
     6    In the event that a person qualified as above for state residence, but
     7  has  been a resident of two or more counties in the state during the six
     8  months immediately preceding  [his]  such  person's  application  for  a
     9  certificate of residence pursuant to section sixty-three hundred five of
    10  this  chapter,  the  charges to the counties of residence shall be allo-
    11  cated among the several counties proportional to the number  of  months,
    12  or major fraction thereof, of residence in each county.
    13    § 3. This act shall take effect immediately.