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 - Dead) 2020-07-06 - enacting clause stricken [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 to25file an affidavit with such institution or educational unit stating that26the student has filed an application to legalize his or her immigrationEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08175-01-9A. 6709 2 1status, or will file such an application as soon as he or she is eligi-2ble 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 to50file an affidavit with such institution or educational unit stating that51the student has filed an application to legalize his or her immigration52status, or will file such an application as soon as he or she is eligi-53ble 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 sumsA. 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 status39shall also be required to file an affidavit with such institution or40educational unit stating that the student has filed an application to41legalize his or her immigration status, or will file such an application42as 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.