Bill Text: NY A00054 | 2021-2022 | General Assembly | Introduced


Bill Title: Makes tuition free for New York state residents at SUNY and CUNY schools and community colleges; requires state residency and employment for a period of five years after completion of academic program.

Spectrum: Partisan Bill (Democrat 53-0)

Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A00054 Detail]

Download: New_York-2021-A00054-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           54

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced by M. of A. GOTTFRIED, ABBATE, BENEDETTO, BRAUNSTEIN, COLTON,
          GUNTHER,  KIM,  PEOPLES-STOKES,  PICHARDO, RODRIGUEZ, STECK, SANTABAR-
          BARA,   RAMOS,   FAHY,   L. ROSENTHAL,   SOLAGES,   BARRETT,   STIRPE,
          JEAN-PIERRE,  ROZIC,  BICHOTTE, BRONSON, BARRON, COOK, JOYNER, CAHILL,
          LAVINE, SIMON, HEVESI, ENGLEBRIGHT, DINOWITZ, DAVILA, AUBRY,  PRETLOW,
          WALKER,  ABINANTI,  RICHARDSON, HYNDMAN, HUNTER, EPSTEIN, BUTTENSCHON,
          CYMBROWITZ, SEAWRIGHT, JACOBSON, ZEBROWSKI, MAGNARELLI --  Multi-Spon-
          sored  by  --  M.    of  A. CUSICK, LUPARDO, PAULIN, PERRY, J. RIVERA,
          THIELE -- read once and referred to the Committee on Higher Education

        AN ACT to amend the education law, in relation to enacting "Tuition-Free
          NY"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This act shall be known and may be cited as "Tuition-Free
     2  NY".
     3    § 2. Paragraph h of subdivision 2 of section 355 of the education  law
     4  is amended by adding a new subparagraph 1-a to read as follows:
     5    (1-a) The trustees shall implement a program to permit any student who
     6  has been admitted to a state-operated institution of the state universi-
     7  ty  to  attend  without  the payment of tuition and fees if such student
     8  fulfills the requirements of such program pursuant to the provisions  of
     9  this subparagraph.  The provisions of this subparagraph shall only apply
    10  to costs of one undergraduate degree and any additional costs associated
    11  with  more  than  one  simultaneous  undergraduate  degree  shall not be
    12  covered by this program.
    13    (i) The trustees shall provide an application process  and  administer
    14  the program according to the following criteria:
    15    (A)  Any  student  eligible for resident tuition rates is eligible for
    16  this program.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00477-01-1

        A. 54                               2

     1    (B) A student shall be required to sign a contract agreeing to  reside
     2  in New York state for a period of five years subsequent to completion of
     3  his or her academic program.
     4    (C) Students shall be required to complete their degree program within
     5  a  minimum  period  of  time to be set by the trustees which shall be no
     6  less than three years and no more than five years.
     7    (D) A student who benefited from the program outlined in this subpara-
     8  graph shall be allowed to attend an out-of-state graduate school without
     9  any penalty if such student pursues a graduate degree. Once such student
    10  concludes his or her graduate school studies, such student shall  return
    11  to  New  York  within one year for residency, per the program's require-
    12  ments, or else the undergraduate benefit will turn into a  student  loan
    13  pursuant to the provisions of clause (ii) of this subparagraph.
    14    (E) A student who benefited from the program outlined in this subpara-
    15  graph  who  is  on  active duty in the armed forces of the United States
    16  shall not be penalized if such student maintains his or her legal  resi-
    17  dence  in  the state of New York, during such service. "Legal residence"
    18  as used in this subclause shall mean the place where  a  member  of  the
    19  military  intends  to return and live after discharge or retirement, and
    20  which they consider their  permanent  home.  Legal  residency  shall  be
    21  determined  by what local and state tax laws a member of the military is
    22  subject to, and in which state they may vote.
    23    (ii) If a student or former  student  fails  to  fulfill  any  of  the
    24  requirements  set forth in clause (i) of this subparagraph, the trustees
    25  shall convert to a student loan the full amount  of  the  tuition  which
    26  would  have  been  paid  by  such student, as determined by the New York
    27  state higher education services corporation, plus interest, according to
    28  a schedule to be determined by such corporation.    Such  repayment  may
    29  also  be required if a recipient fails to respond to requests for infor-
    30  mation necessary to determine  continued  eligibility  or  for  adminis-
    31  tration  of  the program.  The terms and conditions of this clause shall
    32  be deferred for students who enroll on at least a half-time basis in  an
    33  approved  undergraduate,  graduate  or  higher  degree  program or other
    34  professional licensure degree program until they are conferred a degree,
    35  and shall also be deferred for any interruption in  undergraduate  study
    36  as  established  by  the  rules  and regulations of the corporation. The
    37  terms and conditions of this clause may also be  deferred  for  a  grace
    38  period,  to  be established by the corporation, following the completion
    39  of an approved undergraduate program or  a  graduate  or  higher  degree
    40  program  or other professional licensure degree program. Notwithstanding
    41  any provisions of this  clause  to  the  contrary,  the  corporation  is
    42  authorized to promulgate rules and regulations to provide for the waiver
    43  or  suspension  of  any financial obligation which would involve extreme
    44  hardship.
    45    (iii) Any student who elects to participate in the program under  this
    46  subparagraph  shall  be required to apply for tuition assistance program
    47  funding. Funds awarded  on  the  tuition  assistance  program  shall  be
    48  applied towards the cost of tuition prior to an award under this subpar-
    49  agraph.
    50    (iv) Students shall be responsible for all other costs including hous-
    51  ing, fees and other non-tuition related charges.
    52    (v)  (A)  This program shall not apply in academic years commencing on
    53  or before the effective date of this subparagraph. (B) For the first two
    54  years after the effective date of this subparagraph, this program  shall
    55  only apply to students attending community colleges as defined by subdi-
    56  vision  two  of  section sixty-three hundred one of this chapter. (C) In

        A. 54                               3

     1  all other years, this program shall  apply  to  all  students  attending
     2  SUNY, CUNY, and community colleges of the state.
     3    §  3. Subdivision 7 of section 6206 of the education law is amended by
     4  adding a new paragraph (f) to read as follows:
     5    (f) The trustees shall implement a program to permit any  student  who
     6  has  been  admitted to an institution operated by the city university to
     7  attend without the payment of tuition and fees if such student  fulfills
     8  the  requirements  of  such  program  pursuant to the provisions of this
     9  paragraph.
    10    (i) The trustees shall provide an application process  and  administer
    11  the program according to the following criteria:
    12    (A)  Any  student  eligible for resident tuition rates is eligible for
    13  this program.
    14    (B) A student shall be required to sign a contract agreeing to  reside
    15  in New York state for a period of five years subsequent to completion of
    16  his or her academic program.
    17    (C) Students shall be required to complete their degree program within
    18  a  minimum  period  of  time to be set by the trustees which shall be no
    19  less than three years and no more than five years.
    20    (D) A student who benefited from the program outlined  in  this  para-
    21  graph shall be allowed to attend an out-of-state graduate school without
    22  any penalty if such student pursues a graduate degree. Once such student
    23  concludes  his or her graduate school studies, such student shall return
    24  to New York within one year for residency  per  the  program's  require-
    25  ments,  or  else the undergraduate benefit will turn into a student loan
    26  pursuant to the provisions of subparagraph (ii) of this paragraph.
    27    (E) A student who benefited from the program outlined  in  this  para-
    28  graph  who  is  on  active duty in the armed forces of the United States
    29  shall not be penalized if such student maintains his or her legal  resi-
    30  dence  in  the state of New York, during such service. "Legal residence"
    31  as used in this clause shall mean the place where a member of the  mili-
    32  tary intends to return and live after discharge or retirement, and which
    33  they  consider their permanent home. Legal residency shall be determined
    34  by what local and state tax laws a member of the military is subject to,
    35  and in which state they may vote.
    36    (ii) If a student or former  student  fails  to  fulfill  any  of  the
    37  requirements  set forth in subparagraph (i) of this paragraph, the trus-
    38  tees shall convert to a student loan the  full  amount  of  the  tuition
    39  which  would  have  been  paid by such student, as determined by the New
    40  York state higher education services corporation, plus interest, accord-
    41  ing to a schedule to be determined by such corporation.  Such  repayment
    42  may  also  be  required  if a recipient fails to respond to requests for
    43  information necessary to determine continued eligibility or for adminis-
    44  tration of the program.  The terms and conditions of this  clause  shall
    45  be  deferred for students who enroll on at least a half-time basis in an
    46  approved undergraduate, graduate  or  higher  degree  program  or  other
    47  professional licensure degree program until they are conferred a degree,
    48  and  shall  also be deferred for any interruption in undergraduate study
    49  as established by the rules and  regulations  of  the  corporation.  The
    50  terms  and  conditions  of  this clause may also be deferred for a grace
    51  period, to be established by the corporation, following  the  completion
    52  of  an  approved  undergraduate  program  or a graduate or higher degree
    53  program or other professional licensure degree program.  Notwithstanding
    54  any  provisions  of  this  clause  to  the  contrary, the corporation is
    55  authorized to promulgate rules and regulations to provide for the waiver

        A. 54                               4

     1  or suspension of any financial obligation which  would  involve  extreme
     2  hardship.
     3    (iii)  Any student who elects to participate in the program under this
     4  paragraph shall be required to  apply  for  tuition  assistance  program
     5  funding.  Funds  awarded  on  the  tuition  assistance  program shall be
     6  applied towards the cost of tuition prior to an award under this subpar-
     7  agraph.
     8    (iv) Students shall be responsible for all other costs including hous-
     9  ing, fees and other non-tuition related charges.
    10    (v) The provisions of this subdivision shall not be subject  to  taxa-
    11  tion.
    12    (vi)  (A) This program shall not apply in academic years commencing on
    13  or before the effective date of this paragraph. (B) For  the  first  two
    14  years  after  the  effective  date of this paragraph, this program shall
    15  only apply to students attending community colleges as defined by subdi-
    16  vision two of section sixty-three hundred one of this title. (C) In  all
    17  other  years,  this  program shall apply to all students attending SUNY,
    18  CUNY and community colleges of the state.
    19    § 4. Subdivision 1 of section 6304 of the education law is amended  by
    20  adding a new paragraph e to read as follows:
    21    e.  The  trustees,  sponsors  or  other  governing body of a community
    22  college shall implement a program to permit any  student  who  has  been
    23  admitted  to  such  community  college  to attend without the payment of
    24  tuition and fees if such  student  fulfills  the  requirements  of  such
    25  program pursuant to the provisions of this paragraph.
    26    (i)  The  trustees shall provide an application process and administer
    27  the program according to the following criteria:
    28    (A) Any student eligible for resident tuition rates  is  eligible  for
    29  this program.
    30    (B)  A student shall be required to sign a contract agreeing to reside
    31  in New York state for a period of five years subsequent to completion of
    32  his or her academic program.
    33    (C) Students shall be required to complete their degree program within
    34  a minimum period of time to be set by the trustees  which  shall  be  no
    35  less than one year and no more than three years.
    36    (D) A student who benefited from the program outlined in this subpara-
    37  graph shall be allowed to attend an out-of-state graduate school without
    38  any penalty if such student pursues a graduate degree. Once such student
    39  concludes  his or her graduate school studies, such student shall return
    40  to New York within one year for residency  per  the  program's  require-
    41  ments,  or  else the undergraduate benefit will turn into a student loan
    42  pursuant to the provisions of subparagraph (ii) of this paragraph.
    43    (E) A student who benefited from the program outlined  in  this  para-
    44  graph  who  is  on  active duty in the armed forces of the United States
    45  shall not be penalized if such student maintains his or her legal  resi-
    46  dence  in  the state of New York, during such service. "Legal residence"
    47  as used in this clause shall mean the place where a member of the  mili-
    48  tary intends to return and live after discharge or retirement, and which
    49  they  consider their permanent home. Legal residency shall be determined
    50  by what local and state tax laws a member of the military is subject to,
    51  and in which state they may vote.
    52    (ii) If a student or former  student  fails  to  fulfill  any  of  the
    53  requirements  set forth in subparagraph (i) of this paragraph, the trus-
    54  tees shall convert to a student loan the  full  amount  of  the  tuition
    55  which  would  have  been  paid by such student, as determined by the New
    56  York state higher education services corporation, plus interest, accord-

        A. 54                               5

     1  ing to a schedule to be determined by such corporation.  Such  repayment
     2  may  also  be  required  if a recipient fails to respond to requests for
     3  information necessary to determine continued eligibility or for adminis-
     4  tration  of  the program.  The terms and conditions of this subparagraph
     5  shall be deferred for students who enroll on at least a half-time  basis
     6  in an approved undergraduate, graduate or higher degree program or other
     7  professional licensure degree program until they are conferred a degree,
     8  and  shall  also be deferred for any interruption in undergraduate study
     9  as established by the rules and  regulations  of  the  corporation.  The
    10  terms  and  conditions  of  this subparagraph may also be deferred for a
    11  grace period, to  be  established  by  the  corporation,  following  the
    12  completion  of an approved undergraduate program or a graduate or higher
    13  degree program or other professional licensure degree program.  Notwith-
    14  standing any provisions of this subparagraph to the contrary, the corpo-
    15  ration  is authorized to promulgate rules and regulations to provide for
    16  the waiver or suspension of any financial obligation which would involve
    17  extreme hardship.
    18    (iii) Any student who elects to participate in the program under  this
    19  paragraph  shall  be  required  to  apply for tuition assistance program
    20  funding. Funds awarded  on  the  tuition  assistance  program  shall  be
    21  applied towards the cost of tuition prior to an award under this subpar-
    22  agraph.
    23    (iv) Students shall be responsible for all other costs including hous-
    24  ing, fees and other non-tuition related charges.
    25    (v)  (A)  This program shall not apply in academic years commencing on
    26  or before the effective date of this paragraph. (B) For  the  first  two
    27  years  after  the  effective  date of this paragraph, this program shall
    28  only apply to students attending community colleges as defined by subdi-
    29  vision two of section sixty-three hundred one of this  article.  (C)  In
    30  all  other  years,  this  program  shall apply to all students attending
    31  SUNY, CUNY and community colleges of the state.
    32    § 5. Subdivision 1 of section 6304 of the education law is amended  by
    33  adding a new paragraph a-1 to read as follows:
    34    a-1. State financial aid shall be increased above the one-third amount
    35  of  operating  costs  set forth in paragraph a of this subdivision by an
    36  amount which is equal to the cost of tuition  awarded  to  students  who
    37  apply  and  qualify  for  the  program  set forth in paragraph e of this
    38  subdivision.
    39    § 6. This act shall take effect on the first of April next  succeeding
    40  the  date  on  which it shall have become a law.  Effective immediately,
    41  the addition, amendment and/or repeal of any rule or  regulation  neces-
    42  sary  for  the  implementation  of  this  act  on its effective date are
    43  authorized to be made and completed on or before such effective date.
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