Bill Text: NY A10540 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to tuition and fees of certain non-resident students of the State University of New York, community colleges under the program of the State University of New York and City University of New York; requires attendance at a NY state high school or GED program in order to pay tuition rates of NYS residents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-06-04 - referred to higher education [A10540 Detail]
Download: New_York-2011-A10540-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10540
I N A S S E M B L Y
June 4, 2012
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Glick) --
read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to tuition and fees of
certain non-resident students of the State University of New York and
community colleges under the program of the State University of New
York
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, LIVED CONTINUOUSLY IN
12 NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
13 applied for attendance [at] AND ATTENDED an institution or educational
14 unit of the state university within five years of receiving a New York
15 state high school diploma; or
16 (ii) attended an approved New York state program for general equiv-
17 alency diploma exam preparation, received a general equivalency diploma
18 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
19 ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
20 DIPLOMA EXAM PREPARATION, and applied for attendance [at] AND ATTENDED
21 an institution or educational unit of the state university within five
22 years of receiving a general equivalency diploma issued within New York
23 state; or
24 (iii) was enrolled in an institution or educational unit of the state
25 university in the fall semester or quarter of the two thousand one--two
26 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.
LBD15982-02-2
A. 10540 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.
8 S 2. Subdivision 5 of section 6301 of the education law, as amended by
9 chapter 327 of the laws of 2002, is amended to read as follows:
10 5. "Resident." A person who has resided in the state for a period of
11 at least one year and in the county, city, town, intermediate school
12 district, school district or community college region, as the case may
13 be, for a period of at least six months, both immediately preceding the
14 date of such person's registration in a community college or, for the
15 purposes of section sixty-three hundred five of this article, his or her
16 application for a certificate of residence; provided, however, that this
17 term shall include any student who is not a resident of New York state,
18 other than a non-immigrant alien within the meaning of paragraph (15) of
19 subsection (a) of section 1101 of title 8 of the United States Code, if
20 such student:
21 (i) attended an approved New York high school for two or more years,
22 graduated from an approved New York high school, LIVED CONTINUOUSLY IN
23 NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
24 applied for attendance [at an institution or educational unit] AND
25 ATTENDED A COMMUNITY COLLEGE UNDER THE PROGRAM of the state university
26 within five years of receiving a New York state high school diploma; or
27 (ii) attended an approved New York state program for general equiv-
28 alency diploma exam preparation, received a general equivalency diploma
29 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
30 ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
31 DIPLOMA EXAM PREPARATION, and applied for attendance [at an institution
32 or educational unit] AND ATTENDED A COMMUNITY COLLEGE UNDER THE PROGRAM
33 of the state university within five years of receiving a general equiv-
34 alency diploma issued within New York state; or
35 (iii) was enrolled in [an institution or educational unit] IN A COMMU-
36 NITY COLLEGE UNDER THE PROGRAM of the state university in the fall
37 semester or quarter of the two thousand one--two thousand two academic
38 year and was authorized by such [institution or educational unit] COMMU-
39 NITY COLLEGE to pay tuition at the rate or charge imposed for students
40 who are residents of the state.
41 Provided, further, that a student without lawful immigration status
42 shall also be required to file an affidavit with such [institution or
43 educational unit] COMMUNITY COLLEGE stating that the student has filed
44 an application to legalize his or her immigration status, or will file
45 such an application as soon as he or she is eligible to do so.
46 In the event that a person qualified as above for state residence, but
47 has been a resident of two or more counties in the state during the six
48 months immediately preceding his application for a certificate of resi-
49 dence pursuant to section sixty-three hundred five of this chapter, the
50 charges to the counties of residence shall be allocated among the
51 several counties proportional to the number of months, or major fraction
52 thereof, of residence in each county.
53 S 3. Paragraph (a-1) of subdivision 7 of section 6206 of the education
54 law, as amended by chapter 260 of the laws of 2011, is amended to read
55 as follows:
A. 10540 3
1 (a-1) The trustees shall further provide that the payment of tuition
2 and fees by any student who is not a resident of New York state, other
3 than a non-immigrant alien within the meaning of paragraph (15) of
4 subsection (a) of section 1101 of title 8 of the United States Code,
5 shall be paid at a rate or charge no greater than that imposed for
6 students who are residents of the state if such student:
7 (i) attended an approved New York high school for two or more years,
8 graduated from an approved New York high school, LIVED CONTINUOUSLY IN
9 NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
10 applied for attendance [at] AND ATTENDED an institution or educational
11 unit of the city university within five years of receiving a New York
12 state high school diploma; or
13 (ii) attended an approved New York state program for general equiv-
14 alency diploma exam preparation, received a general equivalency diploma
15 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
16 ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
17 DIPLOMA EXAM PREPARATION, and applied for attendance at an institution
18 or educational unit of the city university within five years of receiv-
19 ing a general equivalency diploma issued within New York state; or
20 (iii) was enrolled in an institution or educational unit of the city
21 university in the fall semester or quarter of the two thousand one--two
22 thousand two academic year and was authorized by such institution or
23 educational unit to pay tuition at the rate or charge imposed for
24 students who are residents of the state.
25 A student without lawful immigration status shall also be required to
26 file an affidavit with such institution or educational unit stating that
27 the student has filed an application to legalize his or her immigration
28 status, or will file such an application as soon as he or she is eligi-
29 ble to do so. Except as otherwise authorized in paragraph (a) of this
30 subdivision, the trustees shall not adopt changes in tuition charges
31 prior to the enactment of the annual budget. The board of trustees may
32 accept as partial reimbursement for the education of veterans of the
33 armed forces of the United States who are otherwise qualified such sums
34 as may be authorized by federal legislation to be paid for such educa-
35 tion. The board of trustees may conduct on a fee basis extension courses
36 and courses for adult education appropriate to the field of higher
37 education. In all courses and courses of study it may, in its
38 discretion, require students to pay library, laboratory, locker, break-
39 age and other instructional and non-instructional fees and meet the cost
40 of books and consumable supplies. In addition to the foregoing fees and
41 charges, the board of trustees may impose and collect fees and charges
42 for student government and other student activities and receive and
43 expend them as agent or trustee.
44 S 4. Paragraph (a) of subdivision 7 of section 6206 of the education
45 law, as amended by chapter 327 of the laws of 2002 and the opening para-
46 graph as amended by section 2 of part O of chapter 58 of the laws of
47 2006, is amended to read as follows:
48 (a) The board of trustees shall establish positions, departments,
49 divisions and faculties; appoint and in accordance with the provisions
50 of law fix salaries of instructional and non-instructional employees
51 therein; establish and conduct courses and curricula; prescribe condi-
52 tions of student admission, attendance and discharge; and shall have the
53 power to determine in its discretion whether tuition shall be charged
54 and to regulate tuition charges, and other instructional and non-in-
55 structional fees and other fees and charges at the educational units of
56 the city university. The trustees shall review any proposed community
A. 10540 4
1 college tuition increase and the justification for such increase. The
2 justification provided by the community college for such increase shall
3 include a detailed analysis of ongoing operating costs, capital, debt
4 service expenditures, and all revenues. The trustees shall not impose a
5 differential tuition charge based upon need or income. All students
6 enrolled in programs leading to like degrees at the senior colleges
7 shall be charged a uniform rate of tuition, except for differential
8 tuition rates based on state residency. The trustees shall further
9 provide that the payment of tuition and fees by any student who is not a
10 resident of New York state, other than a non-immigrant alien within the
11 meaning of paragraph (15) of subsection (a) of section 1101 of title 8
12 of the United States Code, shall be paid at a rate or charge no greater
13 than that imposed for students who are residents of the state if such
14 student:
15 (i) attended an approved New York high school for two or more years,
16 graduated from an approved New York high school, LIVED CONTINUOUSLY IN
17 NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and
18 applied for attendance [at] AND ATTENDED an institution or educational
19 unit of the city university within five years of receiving a New York
20 state high school diploma; or
21 (ii) attended an approved New York state program for general equiv-
22 alency diploma exam preparation, received a general equivalency diploma
23 issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE
24 ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY
25 DIPLOMA EXAM PREPARATION, and applied for attendance [at] AND ATTENDED
26 an institution or educational unit of the city university within five
27 years of receiving a general equivalency diploma issued within New York
28 state; or
29 (iii) was enrolled in an institution or educational unit of the city
30 university in the fall semester or quarter of the two thousand one--two
31 thousand two academic year and was authorized by such institution or
32 educational unit to pay tuition at the rate or charge imposed for
33 students who are residents of the state.
34 A student without lawful immigration status shall also be required to
35 file an affidavit with such institution or educational unit stating that
36 the student has filed an application to legalize his or her immigration
37 status, or will file such an application as soon as he or she is eligi-
38 ble to do so. The trustees shall not adopt changes in tuition charges
39 prior to the enactment of the annual budget. The board of trustees may
40 accept as partial reimbursement for the education of veterans of the
41 armed forces of the United States who are otherwise qualified such sums
42 as may be authorized by federal legislation to be paid for such educa-
43 tion. The board of trustees may conduct on a fee basis extension courses
44 and courses for adult education appropriate to the field of higher
45 education. In all courses and courses of study it may, in its
46 discretion, require students to pay library, laboratory, locker, break-
47 age and other instructional and non-instructional fees and meet the cost
48 of books and consumable supplies. In addition to the foregoing fees and
49 charges, the board of trustees may impose and collect fees and charges
50 for student government and other student activities and receive and
51 expend them as agent or trustee.
52 S 5. The amendments to section 355 of the education law made by
53 section one of this act shall not apply to students who have matriculat-
54 ed in a state-operated institution or educational unit of the State
55 University prior to the effective date of this act.
A. 10540 5
1 S 6. The amendments to subdivision 5 of section 6301 of the education
2 law made by section two of this act shall not apply to students who have
3 matriculated in a community college under the program of the State
4 University of New York prior to the effective date of this act.
5 S 7. The amendments made to subdivision 7 of section 6206 of the
6 education law made by section three of this act shall not apply to
7 students who have matriculated in an educational unit of the City
8 University of New York prior to the effective date of this act.
9 S 8. This act shall take effect immediately; provided, however the
10 amendments made to paragraph (a-1) of subdivision 7 of section 6206 of
11 the education law made by section three of this act shall be subject to
12 the expiration and reversion of such paragraph pursuant to section 16 of
13 chapter 260 of the laws of 2011, when upon such date the provisions of
14 section four of this act shall take effect.
