Bill Text: NY A08403 | 2023-2024 | General Assembly | Amended

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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) 2024-03-21 - print number 8403a [A08403 Detail]

Download: New_York-2023-A08403-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8403--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 13, 2023
                                       ___________

        Introduced  by M. of A. FORREST -- read once and referred to the Commit-
          tee on Higher Education -- recommitted  to  the  Committee  on  Higher
          Education  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13580-02-4
        A. 8403--A                          2

     1  educational  unit  to  pay  tuition  at  the  rate or charge imposed for
     2  students who are residents of the state.
     3    A  student without lawful immigration status shall also be required to
     4  file an affidavit with such institution or educational unit stating that
     5  the student has filed an application to legalize his or her  immigration
     6  status,  or will file such an application as soon as he or she is eligi-
     7  ble to do so] has resided in the state for a period of at least one year
     8  and in the county, city,  town,  intermediate  school  district,  school
     9  district  or  community college region, as the case may be, for a period
    10  of at least six months, both immediately  preceding  the  date  of  such
    11  person's  registration  in  a state-operated institution, a statutory or
    12  contract college, a community college, or such student's application for
    13  a certificate of residence.
    14    § 2. Subdivision 5 of section 6301 of the education law, as amended by
    15  chapter 327 of the laws of 2002, the opening  paragraph  as  amended  by
    16  chapter 669 of the laws of 2022, is amended to read as follows:
    17    5.  "Resident."  A person who has resided in the state for a period of
    18  at least one year and in the county,  city,  town,  intermediate  school
    19  district,  school  district or community college region, as the case may
    20  be, for a period of at least six months, [both] or whichever is earlier,
    21  immediately preceding the date of such person's registration in a state-
    22  operated institution, a statutory or contract college,  or  a  community
    23  college or, for the purposes of section sixty-three hundred five of this
    24  article,  [his  or  her]  such person's application for a certificate of
    25  residence[; provided, however, that this term shall include any  student
    26  who  is  not  a  resident  of New York state, other than a non-immigrant
    27  noncitizen within the meaning of paragraph (15)  of  subsection  (a)  of
    28  section 1101 of title 8 of the United States Code, if such student:
    29    (i)  attended  an approved New York high school for two or more years,
    30  graduated from an approved New York high school and applied for  attend-
    31  ance at an institution or educational unit of the state university with-
    32  in five years of receiving a New York state high school diploma; or
    33    (ii)  attended  an  approved New York state program for general equiv-
    34  alency diploma exam preparation, received a general equivalency  diploma
    35  issued  within  New York state and applied for attendance at an institu-
    36  tion or educational unit of the state university within  five  years  of
    37  receiving a general equivalency diploma issued within New York state; or
    38    (iii)  was enrolled in an institution or educational unit of the state
    39  university in the fall semester or quarter of the two thousand  one--two
    40  thousand  two  academic  year  and was authorized by such institution or
    41  educational unit to pay tuition  at  the  rate  or  charge  imposed  for
    42  students who are residents of the state.
    43    Provided,  further,  that  a student without lawful immigration status
    44  shall also be required to file an affidavit  with  such  institution  or
    45  educational  unit  stating  that the student has filed an application to
    46  legalize his or her immigration status, or will file such an application
    47  as soon as he or she is eligible to do so].  The term  "resident"  shall
    48  also  include a person who has resided in the county, city, town, inter-
    49  mediate school district, school district or community college region, as
    50  the case may be, for a period of at least six months immediately preced-
    51  ing the date of such person's registration in a state-operated  institu-
    52  tion,  a  statutory  or  contract  college, a community college, or such
    53  person's application for a certificate of residence and the date of such
    54  person's registration in a state-operated institution,  a  statutory  or
    55  contract college, or a community college or, for the purposes of section
    56  sixty-three  hundred five of this article, such person's application for
        A. 8403--A                          3

     1  a certificate of residence   if  such  person  can  show  the  following
     2  documentation:
     3    (i)  an employment authorization document (EAD or work permit) (I-766)
     4  with the following codes: (A)(3) for refugee,  (A)(5)  for  asylee,  and
     5  (A)(10) for withholding of deportation or removal;
     6    (ii) an I-94 arrival/departure record with an employment authorization
     7  stamp and the notation "asylum granted" or "refugee granted"; and
     8    (iii)  a  decision  from the United States citizenship and immigration
     9  services or the immigration judge  granting  asylum  or  withholding  of
    10  deportation or removal.
    11    In the event that a person qualified as above for state residence, but
    12  has  been a resident of two or more counties in the state during the six
    13  months immediately preceding  [his]  such  person's  application  for  a
    14  certificate of residence pursuant to section sixty-three hundred five of
    15  this  chapter,  the  charges to the counties of residence shall be allo-
    16  cated among the several counties proportional to the number  of  months,
    17  or major fraction thereof, of residence in each county.
    18    § 3. This act shall take effect immediately.