Bill Text: NY A01674 | 2023-2024 | General Assembly | Introduced


Bill Title: Provides eligibility for Afghan and Iraqi special immigrants for education benefits which shall include an Afghan or Iraqi citizen or national with the status of a special immigrant under the Immigration and Nationality Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to higher education [A01674 Detail]

Download: New_York-2023-A01674-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1674

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Higher Education

        AN ACT to amend the education law, in relation to eligibility of certain
          Afghan and Iraqi immigrants for education benefits

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

     1    Section 1.  The education law is amended by adding a new section 669-i
     2  to read as follows:
     3    § 669-i. Afghan and Iraqi special immigrant tuition awards program. 1.
     4  As used in this section, the following terms shall  have  the  following
     5  meanings:
     6    a.  "Afghan  with special immigrant status" means an Afghan citizen or
     7  national with the status of a special immigrant under section 101(a)(27)
     8  of the Immigration and Nationality Act (8  U.S.C.  1101(a)(27))  granted
     9  under the Afghan Allies Protection Act of 2009 (Public Law 111-8; U.S.C.
    10  1101  note).  Such  term includes Afghan immigrants who enter the United
    11  States under a P1 or P2 visa.
    12    b. "Iraqi with special immigrant status" means a citizen  or  national
    13  of Iraq who has gained special immigrant status under section 101(a)(27)
    14  of    the    Immigration   and Nationality Act by establishing they have
    15  provided faithful and valuable service to  the  U.S.  government,  while
    16  employed  by  or  on behalf of the U.S. government in Iraq, for not less
    17  than one year beginning on or after March twentieth, two thousand three,
    18  and who have experienced or are experiencing an ongoing  serious  threat
    19  as a consequence of that employment. Such term shall include those immi-
    20  grants who enter the United States under a P1 or P2 visa.
    21    c. "Part-time study" means enrollment for at least three but less than
    22  twelve  semester hours per semester, or the equivalent,  in  an approved
    23  undergraduate or graduate program.
    24    d. "Approved  vocational training programs" means programs offered  by
    25  agencies  approved by the  commissioner  for  funding  pursuant  to this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05702-01-3

        A. 1674                             2

     1  section. The commissioner shall approve only  such  non-credit  programs
     2  which are at least three hundred twenty clock hours in length, and which
     3  meet  standards  of  instructional quality established in regulations by
     4  the  commissioner. These standards shall include, but not be limited to,
     5  qualifications of administrative and instructional personnel, quality of
     6  facilities and equipment, recordkeeping, admission, grading, attendance,
     7  and record of placement of completers which meets standards of  accepta-
     8  bility as established by the commissioner.
     9    2.  a.  Tuition awards are available  for persons with Afghan or Iraqi
    10  special immigrant status or pending status, as  defined  in  subdivision
    11  one of this section, who are enrolled, pursuant to paragraph a of subdi-
    12  vision  four  of section six hundred sixty-one of this part, in approved
    13  undergraduate or graduate programs at degree  granting  institutions  or
    14  enrolled  in  approved  vocational training programs and who apply for a
    15  tuition assistance program award pursuant to section six hundred  sixty-
    16  seven of this subpart.
    17    b.  Eligibility  for awards under this section shall be established as
    18  of the date the application is received by the corporation. All eligible
    19  recipients shall  receive  an  award  in  an  amount  as  set  forth  in
    20  subdivision four of this section.
    21    3.  a. No recipient shall receive awards for more than eight semesters
    22  of full-time undergraduate study, or the  equivalent  of  four  academic
    23  years,  or,  if an undergraduate program normally requires five academic
    24  years of full-time study, for  more  than  ten  semesters  of  full-time
    25  study,  or the equivalent of five academic years. Recipients enrolled in
    26  a program of remedial study conforming to the provisions  of this  arti-
    27  cle,  approved by the commissioner in a degree granting institution, and
    28  intended to culminate in an undergraduate degree shall be considered  as
    29  enrolled  in  a  program normally requiring   five  years.  No recipient
    30  enrolled in an approved vocational training program shall receive awards
    31  for more than four semesters of full-time study or the equivalent of two
    32  academic years of full-time study.
    33    b. No  recipient shall receive awards for more than sixteen  semesters
    34  of  part-time  undergraduate study as defined in subdivision one of this
    35  section,  or the equivalent of eight academic years of part-time  study,
    36  or, if an undergraduate program normally requires five academic years of
    37  full-time  study,  for more than twenty semesters of part-time study, or
    38  the equivalent of ten academic years. Recipients enrolled in  a  program
    39  of remedial study conforming to the provisions of this article, approved
    40  by  the commissioner in a  degree  granting  institution,  and  intended
    41  to culminate  in an undergraduate degree shall be considered as enrolled
    42  in a program normally requiring five years. No  recipient  enrolled   in
    43  an  approved   vocational training program shall receive awards for more
    44  than eight semesters of part-time study or the  equivalent    of    four
    45  academic years of part-time study.
    46    c.  No  recipient  shall receive awards for more than six semesters of
    47  full-time study, or the equivalent of three academic years, for graduate
    48  study. No recipient shall receive awards for more than twelve  semesters
    49  of  part-time  graduate  study  as  defined  in  subdivision one of this
    50  section, or the equivalent of six academic years of  part-time  graduate
    51  study.
    52    4.  Every  recipient  shall  receive  an  award equal to the amount of
    53  undergraduate tuition for residents of New York  state  charged  by  the
    54  state  university  of  New  York or actual tuition charged, whichever is
    55  less,  for  each  semester,  or the equivalent, of full-time study, or a
    56  pro-rated amount for part-time study; provided, however, that such award

        A. 1674                             3

     1  shall not be reduced by any benefits available under  the  federal  Pell
     2  grant program pursuant to section one thousand seventy-a of title twenty
     3  of the United States code.
     4    § 2. This act shall take effect immediately.
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