Bill Text: NY A06991 | 2023-2024 | General Assembly | Introduced

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Bill Title: Removes the affidavit of the lawful immigration status requirement for certain students.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to higher education [A06991 Detail]

Download: New_York-2023-A06991-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6991

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 10, 2023
                                       ___________

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

        AN ACT to amend the education law, in  relation  to  affidavits  of  the
          lawful  immigration  status of certain students; and to repeal certain
          provisions of such law relating thereto

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

     1    Section 1. The closing paragraph paragraph a and the closing paragraph
     2  of  paragraph b of subdivision 5 of section 661 of the education law are
     3  REPEALED.
     4    § 2. The closing paragraph of subparagraph (i)  of  paragraph  (a)  of
     5  subdivision  7  of  section  6206  of  the  education law, as amended by
     6  section 3 of part B of chapter 56 of the laws of  2023,  is  amended  to
     7  read as follows:
     8    [A student without lawful immigration status shall also be required to
     9  file an affidavit with such institution or educational unit stating that
    10  the  student has filed an application to legalize his or her immigration
    11  status, or will file such an application as soon as he or she is  eligi-
    12  ble  to  do so.] The trustees shall not adopt changes in tuition charges
    13  prior to the enactment of the annual budget. The board of  trustees  may
    14  accept  as  partial  reimbursement  for the education of veterans of the
    15  armed forces of the United States who are otherwise qualified such  sums
    16  as  may  be authorized by federal legislation to be paid for such educa-
    17  tion. The board of trustees may conduct on a fee basis extension courses
    18  and courses for adult education  appropriate  to  the  field  of  higher
    19  education.  In  all  courses  and  courses  of  study  it  may,  in  its
    20  discretion, require students to pay library, laboratory, locker,  break-
    21  age and other instructional and non-instructional fees and meet the cost
    22  of  books and consumable supplies. In addition to the foregoing fees and
    23  charges, the board of trustees may impose and collect fees  and  charges

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11178-02-3
        A. 6991                             2

     1  for  student  government  and  other  student activities and receive and
     2  expend them as agent or trustee.
     3    §  3.  The  closing  paragraph  of paragraph (a-1) of subdivision 7 of
     4  section 6206 of the education law, as amended by chapter 669 of the laws
     5  of 2022, is amended to read as follows:
     6    [A student without lawful immigration status shall also be required to
     7  file an affidavit with such institution or educational unit stating that
     8  the student has filed an application to legalize his or her  immigration
     9  status,  or will file such an application as soon as he or she is eligi-
    10  ble to do so.] Except as otherwise authorized in paragraph (a)  of  this
    11  subdivision,  the  trustees  shall  not adopt changes in tuition charges
    12  prior to the enactment of the annual budget. The board of  trustees  may
    13  accept  as  partial  reimbursement  for the education of veterans of the
    14  armed forces of the United States who are otherwise qualified such  sums
    15  as  may  be authorized by federal legislation to be paid for such educa-
    16  tion. The board of trustees may conduct on a fee basis extension courses
    17  and courses for adult education  appropriate  to  the  field  of  higher
    18  education.  In  all  courses  and  courses  of  study  it  may,  in  its
    19  discretion, require students to pay library, laboratory, locker,  break-
    20  age and other instructional and non-instructional fees and meet the cost
    21  of  books and consumable supplies. In addition to the foregoing fees and
    22  charges, the board of trustees may impose and collect fees  and  charges
    23  for  student  government  and  other  student activities and receive and
    24  expend them as agent or trustee.
    25    § 4. The second undesignated paragraph of  subdivision  5  of  section
    26  6301 of the education law is REPEALED.
    27    §  5.  The closing paragraph of paragraph (a) of subdivision 2 and the
    28  closing paragraph of paragraph (a) of subdivision 3 of section  6455  of
    29  the education law are REPEALED.
    30    §  6.  This  act  shall take effect on the sixtieth day after it shall
    31  have become a law; provided, however, that section two of this act shall
    32  take effect on the same date as the reversion of paragraph (a) of subdi-
    33  vision 7 of section 6206 of the education law as provided in section  16
    34  of chapter 260 of the laws of 2011, as amended; provided further, howev-
    35  er,  that  the amendments to paragraph (a-1) of subdivision 7 of section
    36  6206 of the education law made by section three of this  act  shall  not
    37  affect  the repeal of such paragraph and shall be deemed repealed there-
    38  with.