Bill Text: NY A10807 | 2011-2012 | General Assembly | Introduced


Bill Title: Grants eligibility for student financial aid to persons granted deferred action for childhood arrival status and to certain non-residents of the state.

Spectrum: Partisan Bill (Democrat 28-0)

Status: (Introduced - Dead) 2012-08-16 - referred to higher education [A10807 Detail]

Download: New_York-2011-A10807-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10807
                                 I N  A S S E M B L Y
                                    August 16, 2012
                                      ___________
       Introduced  by  COMMITTEE  ON  RULES  --  (at  request of M. of A. Moya,
         Silver, Glick, Farrell, Crespo, Cahill, Stevenson, Simotas, M. Miller,
         Boyland, Heastie, Ortiz, Gibson, O'Donnell, Jaffee, Gottfried,  Clark,
         Perry,  Scarborough,  Maisel, Cook, Jacobs, Titone, Brindisi, Millman,
         Braunstein, Morelle) -- read once and referred  to  the  Committee  on
         Higher Education
       AN  ACT  to  amend the education law, in relation to the eligibility for
         student financial aid  of  individuals  granted  deferred  action  for
         childhood arrival status and of certain non-residents of the state
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivision 3 of section 661  of  the  education  law,  as
    2  amended  by  chapter  133  of  the  laws  of 1982, is amended to read as
    3  follows:
    4    3. Citizenship. An applicant (a) must  be  a  citizen  of  the  United
    5  States,  or  (b)  must be an alien lawfully admitted for permanent resi-
    6  dence in the United States, or (c) must be an individual of a  class  of
    7  refugees  paroled by the attorney general of the United States under his
    8  OR HER parole authority pertaining to the admission  of  aliens  to  the
    9  United  States, OR (D) MUST BE AN INDIVIDUAL GRANTED DEFERRED ACTION FOR
   10  CHILDHOOD ARRIVAL STATUS PURSUANT TO RULES AND REGULATIONS SET FORTH  BY
   11  THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES.
   12    S  2. Paragraphs a and b of subdivision 5 of section 661 of the educa-
   13  tion law, as amended by chapter 466 of the laws of 1977, are amended  to
   14  read as follows:
   15    a.  (I)  Except  as provided in subdivision two of section six hundred
   16  seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF  THIS  PARAGRAPH,  an
   17  applicant  for  an award at the undergraduate level of study must either
   18  [(i)] (A) have been a legal resident of the state for at least one  year
   19  immediately  preceding the beginning of the semester, quarter or term of
   20  attendance for which application for assistance is made, or  [(ii)]  (B)
   21  be  a  legal resident of the state and have been a legal resident during
   22  his OR HER last two semesters of high school either prior to graduation,
   23  or prior to admission to college. Provided further that persons shall be
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16443-01-2
       A. 10807                            2
    1  eligible to receive awards under  section  six  hundred  sixty-eight  or
    2  section  six  hundred  sixty-nine  OF  THIS PART who are currently legal
    3  residents of the state and are otherwise qualified.
    4    (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
    5  PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
    6  CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
    7  INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT
    8  TO  RULES AND REGULATIONS SET FORTH BY THE UNITED STATES CITIZENSHIP AND
    9  IMMIGRATION SERVICES SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE
   10  LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   11    (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO  OR  MORE
   12  YEARS,  GRADUATED  FROM  A  REGISTERED  NEW  YORK  STATE HIGH SCHOOL AND
   13  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER  EDUCATION  FOR  THE
   14  UNDERGRADUATE  STUDY  FOR  WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
   15  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   16    (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
   17  SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
   18  DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
   19  TION  FOR  THE  UNDERGRADUATE  STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
   20  FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   21    (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
   22  RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
   23  UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
   24  COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
   25  SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
   26  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   27    b.  [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS
   28  PARAGRAPH, AN applicant for an award at the graduate level of study must
   29  either [(i)] (A) have been a legal resident of the state  for  at  least
   30  one year immediately preceding the beginning of the semester, quarter or
   31  term  of  attendance  for  which  application for assistance is made, or
   32  [(ii)] (B) be a legal resident of the state and have been a legal  resi-
   33  dent  during  his  OR  HER last academic year of undergraduate study and
   34  have continued to be a legal resident until matriculation in the  gradu-
   35  ate program.
   36    (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
   37  PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
   38  CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
   39  INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT
   40  TO  RULES AND REGULATIONS SET FORTH BY THE UNITED STATES CITIZENSHIP AND
   41  IMMIGRATION SERVICES SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE
   42  LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   43    (A) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR  TWO
   44  OR  MORE  YEARS,  GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
   45  AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCATION  FOR
   46  THE  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
   47  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   48    (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
   49  SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
   50  DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
   51  TION  FOR  THE  GRADUATE  STUDY  FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
   52  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   53    (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
   54  RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
   55  UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
   56  COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
       A. 10807                            3
    1  SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
    2  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
    3    S 3. Paragraph d of subdivision 5 of section 661 of the education law,
    4  as  amended  by  chapter  844 of the laws of 1975, is amended to read as
    5  follows:
    6    d. If an applicant for an award allocated on a  geographic  basis  has
    7  more  than  one  residence  in  this state, his OR HER residence for the
    8  purpose of this article shall be his OR HER place  of  actual  residence
    9  during  the major part of the year while attending school, as determined
   10  by the commissioner; AND FURTHER, PROVIDED, THAT AN APPLICANT  WHO  DOES
   11  NOT HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT
   12  TO  SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B
   13  OF THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA  OF
   14  THE  INSTITUTION  OF  HIGHER  EDUCATION  IN  WHICH HE OR SHE ATTENDS FOR
   15  PURPOSES OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
   16    S 4. Paragraph e of subdivision 5 of section 661 of the education law,
   17  as added by chapter 630 of the laws of  2005,  is  amended  to  read  as
   18  follows:
   19    e.  Notwithstanding any other provision of this article to the contra-
   20  ry, the New York state [residency]  eligibility  [requirement]  REQUIRE-
   21  MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
   22  SUBDIVISION  ARE  waived  for  a member, or the spouse or dependent of a
   23  member, of the armed forces of the United  States  on  full-time  active
   24  duty and stationed in this state.
   25    S  5. Paragraph h of subdivision 2 of section 355 of the education law
   26  is amended by adding a new subparagraph 10 to read as follows:
   27    (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
   28  NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
   29  PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN INDIVIDUAL
   30  GRANTED  DEFERRED  ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT TO RULES
   31  AND REGULATIONS SET FORTH BY THE UNITED  STATES  CITIZENSHIP  AND  IMMI-
   32  GRATION  SERVICES  MAY  HAVE  THE  PAYMENT OF TUITION AND OTHER FEES AND
   33  CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL
   34  ASSISTANCE AWARDED UNDER THE  PROVISIONS  OF  ARTICLES  THIRTEEN,  THIR-
   35  TEEN-A, FOURTEEN AND FOURTEEN-A OF THIS TITLE, PROVIDED THAT THE STUDENT
   36  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
   37  SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE  OF  SECTION  SIX
   38  HUNDRED SIXTY-ONE OF THIS TITLE, AS APPLICABLE.
   39    S  6. Subdivision 7 of section 6206 of the education law is amended by
   40  adding a new paragraph (d) to read as follows:
   41    (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS  NOT  A
   42  LEGAL  RESIDENT  OF  NEW  YORK  STATE  BUT IS A UNITED STATES CITIZEN, A
   43  PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN INDIVIDUAL
   44  GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT  TO  RULES
   45  AND  REGULATIONS  SET  FORTH  BY THE UNITED STATES CITIZENSHIP AND IMMI-
   46  GRATION SERVICES MAY HAVE THE PAYMENT OF  TUITION  AND  OTHER  FEES  AND
   47  CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL
   48  ASSISTANCE  AWARDED  UNDER  THE  PROVISIONS  OF ARTICLES THIRTEEN, THIR-
   49  TEEN-A, FOURTEEN AND FOURTEEN-A  OF  THIS  CHAPTER,  PROVIDED  THAT  THE
   50  STUDENT  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
   51  GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
   52  SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   53    S  7.  Section  6305  of  the education law is amended by adding a new
   54  subdivision 8-a to read as follows:
   55    8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES  OF  A  STUDENT
   56  WHO  IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT OF
       A. 10807                            4
    1  NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESI-
    2  DENT,  A  LAWFUL  NON-IMMIGRANT  ALIEN OR AN INDIVIDUAL GRANTED DEFERRED
    3  ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT TO  RULES  AND  REGULATIONS
    4  SET  FORTH BY THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES MAY
    5  BE REDUCED BY STATE-AIDED PROGRAMS,  SCHOLARSHIPS  AND  OTHER  FINANCIAL
    6  ASSISTANCE  AWARDED  UNDER  THE  PROVISIONS  OF ARTICLES THIRTEEN, THIR-
    7  TEEN-A, FOURTEEN AND FOURTEEN-A  OF  THIS  CHAPTER,  PROVIDED  THAT  THE
    8  STUDENT  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
    9  GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
   10  SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   11    S  8.  Paragraph  d  of subdivision 3 of section 6451 of the education
   12  law, as amended by chapter 149 of the laws of 1972, is amended  to  read
   13  as follows:
   14    d.  Any necessary supplemental financial assistance, which may include
   15  the cost of books and necessary maintenance for such enrolled  students,
   16  INCLUDING  STUDENTS GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS
   17  PURSUANT TO RULES AND REGULATIONS SET FORTH BY THE UNITED  STATES  CITI-
   18  ZENSHIP  AND  IMMIGRATION  SERVICES  PROVIDED THAT THE STUDENT MEETS THE
   19  REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR  SUBPARA-
   20  GRAPH  (II)  OF  PARAGRAPH  B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED
   21  SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however,  that  such
   22  supplemental  financial assistance shall be furnished pursuant to crite-
   23  ria promulgated by the commissioner with the approval of the director of
   24  the budget.
   25    S 9. Subparagraph (v) of paragraph a of subdivision 4 of section  6452
   26  of  the  education  law, as added by chapter 917 of the laws of 1970, is
   27  amended to read as follows:
   28    (v) Any necessary supplemental financial assistance, which may include
   29  the cost of books and necessary maintenance for such students, INCLUDING
   30  STUDENTS GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL  STATUS  PURSUANT
   31  TO  RULES AND REGULATIONS SET FORTH BY THE UNITED STATES CITIZENSHIP AND
   32  IMMIGRATION SERVICES PROVIDED THAT THE STUDENT  MEETS  THE  REQUIREMENTS
   33  SET  FORTH  IN  SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF
   34  PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS
   35  CHAPTER, AS APPLICABLE; provided, however, that such supplemental finan-
   36  cial assistance shall be furnished pursuant to criteria  promulgated  by
   37  such  universities  and  approved by the regents and the director of the
   38  budget.
   39    S 10. Paragraph (a) of subdivision 2 of section 6455 of the  education
   40  law,  as added by chapter 285 of the laws of 1986, is amended to read as
   41  follows:
   42    (a) (I) Undergraduate science and technology entry program moneys  may
   43  be  used  for tutoring, counseling, remedial and special summer courses,
   44  supplemental financial assistance,  program  administration,  and  other
   45  activities  which  the commissioner may deem appropriate. To be eligible
   46  for  undergraduate  collegiate  science  and  technology  entry  program
   47  support,  a student must be a resident of New York [who is], OR MEET THE
   48  REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE  either
   49  economically  disadvantaged or from a minority group historically under-
   50  represented in the  scientific,  technical,  health  and  health-related
   51  professions,  and  [who demonstrates] MUST DEMONSTRATE interest in and a
   52  potential for a professional career if provided special services. Eligi-
   53  ble students must be in good academic standing, enrolled full time in an
   54  approved, undergraduate level  program  of  study,  as  defined  by  the
   55  regents.
       A. 10807                            5
    1    (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
    2  WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESIDENT,  A  LAWFUL
    3  NON-IMMIGRANT  ALIEN OR AN INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILD-
    4  HOOD ARRIVAL STATUS PURSUANT TO RULES AND REGULATIONS SET FORTH  BY  THE
    5  UNITED  STATES  CITIZENSHIP  AND IMMIGRATION SERVICES, SHALL BE ELIGIBLE
    6  FOR AN AWARD AT THE UNDERGRADUATE  LEVEL  OF  STUDY  PROVIDED  THAT  THE
    7  STUDENT:
    8    (1)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
    9  YEARS, GRADUATED FROM A  REGISTERED  NEW  YORK  STATE  HIGH  SCHOOL  AND
   10  APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
   11  UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN  FIVE  YEARS  OF
   12  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   13    (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
   14  SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
   15  DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
   16  TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
   17  FIVE  YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY DIPLOMA,
   18  ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR  MORE  YEARS,
   19  GRADUATED  FROM  AN  APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
   20  ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN  FIVE  YEARS  OF
   21  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   22    (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
   23  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
   24  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
   25  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
   26  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
   27  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   28    S 11. Paragraph (a) of subdivision 3 of section 6455 of the  education
   29  law,  as added by chapter 285 of the laws of 1986, is amended to read as
   30  follows:
   31    (a) (I) Graduate science and technology entry program  moneys  may  be
   32  used for recruitment, academic enrichment, career planning, supplemental
   33  financial  assistance, review for licensing examinations, program admin-
   34  istration, and other activities which the commissioner may  deem  appro-
   35  priate.  To  be  eligible for graduate collegiate science and technology
   36  entry program support, a student must be a resident  of  New  York  [who
   37  is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
   38  AND MUST BE either economically disadvantaged or from a  minority  group
   39  historically  underrepresented  in the scientific, technical and health-
   40  related professions. Eligible students must be in good  academic  stand-
   41  ing,  enrolled  full  time  in  an  approved  graduate level program, as
   42  defined by the regents.
   43    (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
   44  EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
   45  NON-IMMIGRANT  ALIEN OR AN INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILD-
   46  HOOD ARRIVAL STATUS PURSUANT TO RULES AND REGULATIONS SET FORTH  BY  THE
   47  UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES SHALL BE ELIGIBLE FOR
   48  AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   49    (1)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
   50  OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
   51  AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
   52  THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
   53  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   54    (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
   55  SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
   56  DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
       A. 10807                            6
    1  TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
    2  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
    3    (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
    4  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
    5  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
    6  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
    7  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
    8  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
    9    S 12. The commissioner of education, in consultation with  the  presi-
   10  dent  of  the  higher education services corporation, shall establish an
   11  application form and procedure that  shall  allow  a  student  applicant
   12  under  paragraph d of subdivision 3 of section 661 of the education law,
   13  as added by section one of this act, to apply  directly  to  the  higher
   14  education  services  corporation  or education department for applicable
   15  awards without having to submit information to any other state or feder-
   16  al agency. All information contained within the applications filed  with
   17  such corporation or department shall be deemed confidential.
   18    S  13. This act shall take effect on the ninetieth day after the issu-
   19  ance of regulations  on  the  deferred  action  for  childhood  arrivals
   20  program by the United States Citizenship and Immigration Services, or on
   21  the  ninetieth  day after it shall have become a law, whichever shall be
   22  later, provided  however,  that  effective  immediately,  the  addition,
   23  amendment  and/or  repeal  of  any  rule or regulation necessary for the
   24  implementation of this act on  its  effective  date  is  authorized  and
   25  directed  to  be  made  and  completed on or before such effective date;
   26  provided that the commissioner of education shall notify the legislative
   27  bill drafting commission upon the occurrence  of  the  issuance  of  the
   28  regulations on the deferred action for childhood arrivals program by the
   29  United  States  Citizenship  and  Immigration Services in order that the
   30  commission may maintain an accurate and timely effective  data  base  of
   31  the official text of the laws of the state of New York in furtherance of
   32  effectuating  the  provisions  of  section 44 of the legislative law and
   33  section 70-b of the public officers law.
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