Bill Text: NY S01251 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the New York state DREAM ACT by creating the New York DREAM fund commission and amends eligibility requirements and conditions governing certain awards.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2016-05-17 - PRINT NUMBER 1251B [S01251 Detail]

Download: New_York-2015-S01251-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1251
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2015
                                      ___________
       Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Higher Education
       AN ACT to amend the education law, in relation to creating the New  York
         DREAM fund commission; eligibility requirements and conditions govern-
         ing  general  awards,  academic  performance awards and student loans;
         eligibility requirements for assistance  under  the  higher  education
         opportunity  programs  and the collegiate science and technology entry
         program; financial aid opportunities for students of the state univer-
         sity of New York, the  city  university  of  New  York  and  community
         colleges;  and the program requirements for the New York state college
         choice tuition savings program; and to repeal subdivision 3 of section
         661 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.  This act shall be known and may be cited as the "New York
    2  state DREAM Act".
    3    S 2. The education law is amended by adding a new section 609 to  read
    4  as follows:
    5    S  609. NEW YORK DREAM FUND COMMISSION.  1. (A) THERE SHALL BE CREATED
    6  A NEW YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED  TO  ADVANCING
    7  THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
    8    (B)  THE  NEW  YORK  DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE
    9  MEMBERS TO BE APPOINTED AS FOLLOWS:
   10    (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
   11    (II) THREE MEMBERS SHALL BE APPOINTED BY THE  TEMPORARY  PRESIDENT  OF
   12  THE SENATE;
   13    (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   14    (IV)  ONE  MEMBER  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
   15  SENATE;
   16    (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
   17  BLY;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00326-01-5
       S. 1251                             2
    1    (C) TO THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH  COMMISSION  SHALL
    2  REFLECT  THE  RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY
    3  OF THE STATE.
    4    (D)  TO  THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH COMMISSION SHALL
    5  INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS  AND  FACULTY,  AND  OTHER
    6  INDIVIDUALS  COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE
    7  CHILDREN OF IMMIGRANTS.
    8    (E) MEMBERS OF THE NEW YORK DREAM FUND  COMMISSION  SHALL  RECEIVE  NO
    9  COMPENSATION FOR THEIR SERVICES.
   10    2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
   11    (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
   12    (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
   13    (III)  ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
   14  ITY OF RAISING FUNDS FOR THE ADMINISTRATION  OF  THIS  SECTION  AND  ANY
   15  EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
   16  TRATING  AND  FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
   17  GRANTS TO THE UNITED STATES;
   18    (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
   19  DREAM FUND;
   20    (V) DEVELOP CRITERIA AND A SELECTION PROCESS  FOR  THE  RECIPIENTS  OF
   21  SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
   22    (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
   23  THE  COSTS  OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
   24  ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
   25  GRANTS WITHIN HIGHER EDUCATION;
   26    (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR  HIGH
   27  SCHOOL  COUNSELORS,  ADMISSIONS  OFFICERS, AND FINANCIAL AID OFFICERS OF
   28  INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS  SHALL  INSTRUCT
   29  PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
   30  STUDENTS  WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
   31  TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE  EXTENT  PRACTICA-
   32  BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
   33  TO  SCHOOL  DISTRICTS  AND  BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES
   34  THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN  TO
   35  SCHOOL  DISTRICTS  AND  BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES WITH
   36  LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
   37  DISTRICTS AND BOARDS OF COOPERATIVE  EDUCATIONAL  SERVICES  WITH  LESSER
   38  NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
   39    (VIII)  ESTABLISH  A  PUBLIC  AWARENESS CAMPAIGN REGARDING EDUCATIONAL
   40  OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE  THE  CHILDREN
   41  OF IMMIGRANTS; AND
   42    (IX)  ESTABLISH,  BY  RULE,  PROCEDURES  FOR  ACCEPTING AND EVALUATING
   43  APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND  ISSU-
   44  ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
   45    (B)  TO  RECEIVE  A  SCHOLARSHIP  PURSUANT  TO THIS SECTION, A STUDENT
   46  APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
   47    (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE  ATTENDING
   48  A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
   49    (II)  HAVE  GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
   50  THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
   51    (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE  FOR
   52  AT  LEAST  TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
   53  OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
   54    (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
   55  STATES.
       S. 1251                             3
    1    (C) THE NEW YORK DREAM FUND COMMISSION AND THE  NEW  YORK  DREAM  FUND
    2  SHALL  BE  FUNDED  ENTIRELY  BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
    3  SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND.   NO  FUNDS
    4  OF  THE  NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
    5  BE  TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL
    6  BE USED FOR ANY PURPOSE OTHER  THAN  THE  PURPOSES  SET  FORTH  IN  THIS
    7  SECTION.
    8    3.  THE  NEW  YORK  DREAM  FUND COMMISSION AND THE NEW YORK DREAM FUND
    9  SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
   10  SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
   11    S 3. Subdivision 3 of section 661 of the education law is REPEALED.
   12    S 4. Paragraph a of subdivision 5 of section 661 of the education law,
   13  as amended by chapter 466 of the laws of 1977, is  amended  to  read  as
   14  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 last two semesters of high school either  prior  to  graduation,  or
   23  prior  to  admission  to college. Provided further that persons shall be
   24  eligible to receive awards under  section  six  hundred  sixty-eight  or
   25  section  six  hundred  sixty-nine  OF  THIS PART who are currently legal
   26  residents of the state and are otherwise qualified.
   27    (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
   28  PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
   29  CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
   30  APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL  BE  ELIGIBLE  FOR  AN
   31  AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   32    (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
   33  YEARS, GRADUATED FROM A  REGISTERED  NEW  YORK  STATE  HIGH  SCHOOL  AND
   34  APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
   35  UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN  FIVE  YEARS  OF
   36  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   37    (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
   38  SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
   39  DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
   40  TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
   41  FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   42    (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
   43  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
   44  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
   45  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
   46  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
   47  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   48    PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
   49  SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
   50  HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
   51  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
   52  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   53    S 5. Paragraph b of subdivision 5 of section 661 of the education law,
   54  as  amended  by  chapter  466 of the laws of 1977, is amended to read as
   55  follows:
       S. 1251                             4
    1    b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
    2  PARAGRAPH, AN applicant for an award at the graduate level of study must
    3  either  [(i)]  (A)  have been a legal resident of the state for at least
    4  one year immediately preceding the beginning of the semester, quarter or
    5  term  of  attendance  for  which  application for assistance is made, or
    6  [(ii)] (B) be a legal resident of the state and have been a legal  resi-
    7  dent  during  his  last  academic  year  of undergraduate study and have
    8  continued to be a legal resident until  matriculation  in  the  graduate
    9  program.
   10    (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
   11  PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
   12  CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
   13  APPLICANT  WITHOUT  LAWFUL  IMMIGRATION  STATUS SHALL BE ELIGIBLE FOR AN
   14  AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   15    (A) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR  TWO
   16  OR  MORE  YEARS,  GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
   17  AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCATION  FOR
   18  THE  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
   19  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   20    (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
   21  SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
   22  DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
   23  TION  FOR  THE  GRADUATE  STUDY  FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
   24  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   25    (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
   26  RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
   27  UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
   28  COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
   29  SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
   30  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   31    PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
   32  SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
   33  HIGHER  EDUCATION  STATING  THAT THE STUDENT HAS FILED AN APPLICATION TO
   34  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
   35  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   36    S 6. Paragraph d of subdivision 5 of section 661 of the education law,
   37  as amended by chapter 844 of the laws of 1975, is  amended  to  read  as
   38  follows:
   39    d.  If  an  applicant for an award allocated on a geographic basis has
   40  more than one residence in this state, his  OR  HER  residence  for  the
   41  purpose  of  this  article shall be his OR HER place of actual residence
   42  during the major part of the year while attending school, as  determined
   43  by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
   44  HAVE  A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO
   45  SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B  OF
   46  THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
   47  INSTITUTION  OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES
   48  OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
   49    S 7. Paragraph e of subdivision 5 of section 661 of the education law,
   50  as added by chapter 630 of the laws of  2005,  is  amended  to  read  as
   51  follows:
   52    e.  Notwithstanding any other provision of this article to the contra-
   53  ry, the New York state [residency]  eligibility  [requirement]  REQUIRE-
   54  MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
   55  SUBDIVISION  ARE  waived  for  a member, or the spouse or dependent of a
       S. 1251                             5
    1  member, of the armed forces of the United  States  on  full-time  active
    2  duty and stationed in this state.
    3    S  8. Paragraph h of subdivision 2 of section 355 of the education law
    4  is amended by adding a new subparagraph 10 to read as follows:
    5    (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY  STUDENT  WHO  IS
    6  NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
    7  PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
    8  WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT  OF  TUITION  AND
    9  OTHER  FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
   10  OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
   11  THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
   12  THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
   13  OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
   14  OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   15    S 9. Subdivision 7 of section 6206 of the education law is amended  by
   16  adding a new paragraph (d) to read as follows:
   17    (D)  THE  TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A
   18  LEGAL RESIDENT OF NEW YORK STATE BUT  IS  A  UNITED  STATES  CITIZEN,  A
   19  PERMANENT  LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
   20  WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT  OF  TUITION  AND
   21  OTHER  FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
   22  OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
   23  THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
   24  THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
   25  OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
   26  OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   27    S 10. Section 6305 of the education law is amended  by  adding  a  new
   28  subdivision 8-a to read as follows:
   29    8-A.  THE  PAYMENT  OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
   30  WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT  OF
   31  NEW  YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
   32  DENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL  IMMI-
   33  GRATION  STATUS MAY BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS AND
   34  OTHER FINANCIAL ASSISTANCE AWARDED  UNDER  THE  PROVISIONS  OF  ARTICLES
   35  THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
   36  THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
   37  OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
   38  OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   39    S 11. Paragraph d of subdivision 3 of section 6451  of  the  education
   40  law,  as  amended by chapter 149 of the laws of 1972, is amended to read
   41  as follows:
   42    d. Any necessary supplemental financial assistance, which may  include
   43  the  cost of books and necessary maintenance for such enrolled students,
   44  INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED  THAT  THE
   45  STUDENT  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
   46  GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
   47  SECTION  SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided,
   48  however, that such supplemental financial assistance shall be  furnished
   49  pursuant  to  criteria promulgated by the commissioner with the approval
   50  of the director of the budget.
   51    S 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
   52  of the education law, as added by chapter 917 of the laws  of  1970,  is
   53  amended to read as follows:
   54    (v) Any necessary supplemental financial assistance, which may include
   55  the cost of books and necessary maintenance for such students, INCLUDING
   56  STUDENTS  WITHOUT  LAWFUL  IMMIGRATION  STATUS PROVIDED THAT THE STUDENT
       S. 1251                             6
    1  MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR
    2  SUBPARAGRAPH  (II)  OF  PARAGRAPH  B  OF SUBDIVISION FIVE OF SECTION SIX
    3  HUNDRED SIXTY-ONE OF THIS CHAPTER,  AS  APPLICABLE;  provided,  however,
    4  that  such supplemental financial assistance shall be furnished pursuant
    5  to criteria promulgated by such universities and approved by the regents
    6  and the director of the budget.
    7    S 13. Paragraph (a) of subdivision 2 of section 6455 of the  education
    8  law,  as added by chapter 285 of the laws of 1986, is amended to read as
    9  follows:
   10    (a) (I) Undergraduate science and technology entry program moneys  may
   11  be  used  for tutoring, counseling, remedial and special summer courses,
   12  supplemental financial assistance,  program  administration,  and  other
   13  activities  which  the commissioner may deem appropriate. To be eligible
   14  for  undergraduate  collegiate  science  and  technology  entry  program
   15  support,  a student must be a resident of New York [who is], OR MEET THE
   16  REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE  either
   17  economically  disadvantaged  or from a minority group historically under
   18  represented in the  scientific,  technical,  health  and  health-related
   19  professions,  and  [who demonstrates] MUST DEMONSTRATE interest in and a
   20  potential for a professional career if provided special services. Eligi-
   21  ble students must be in good academic standing, enrolled full time in an
   22  approved, undergraduate level  program  of  study,  as  defined  by  the
   23  regents.
   24    (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
   25  WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESIDENT,  A  LAWFUL
   26  NON-IMMIGRANT  ALIEN  OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS,
   27  SHALL BE ELIGIBLE FOR AN AWARD  AT  THE  UNDERGRADUATE  LEVEL  OF  STUDY
   28  PROVIDED THAT THE STUDENT:
   29    (1)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
   30  YEARS, GRADUATED FROM A  REGISTERED  NEW  YORK  STATE  HIGH  SCHOOL  AND
   31  APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
   32  UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN  FIVE  YEARS  OF
   33  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   34    (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
   35  SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
   36  DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
   37  TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
   38  FIVE  YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY DIPLOMA,
   39  ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR  MORE  YEARS,
   40  GRADUATED  FROM  AN  APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
   41  ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN  FIVE  YEARS  OF
   42  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   43    (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
   44  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
   45  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
   46  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
   47  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
   48  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   49    PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
   50  SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
   51  HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
   52  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
   53  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   54    S  14. Paragraph (a) of subdivision 3 of section 6455 of the education
   55  law, as added by chapter 285 of the laws of 1986, is amended to read  as
   56  follows:
       S. 1251                             7
    1    (a)  (I)  Graduate  science and technology entry program moneys may be
    2  used for recruitment, academic enrichment, career planning, supplemental
    3  financial assistance, review for licensing examinations, program  admin-
    4  istration,  and  other activities which the commissioner may deem appro-
    5  priate.  To  be  eligible for graduate collegiate science and technology
    6  entry program support, a student must be a resident  of  New  York  [who
    7  is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
    8  AND MUST BE either economically disadvantaged or from a  minority  group
    9  historically  underrepresented  in the scientific, technical and health-
   10  related professions. Eligible students must be in good  academic  stand-
   11  ing,  enrolled  full  time  in  an  approved  graduate level program, as
   12  defined by the regents.
   13    (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
   14  EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
   15  NON-IMMIGRANT  ALIEN  OR  AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
   16  SHALL BE ELIGIBLE FOR AN AWARD  AT  THE  UNDERGRADUATE  LEVEL  OF  STUDY
   17  PROVIDED THAT THE STUDENT:
   18    (1)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
   19  OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
   20  AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
   21  THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
   22  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   23    (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
   24  SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
   25  DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
   26  TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
   27  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   28    (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
   29  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
   30  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
   31  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
   32  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
   33  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   34    PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
   35  SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
   36  HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
   37  LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
   38  AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
   39    S  15.  Subparagraph  (i)  of  paragraph a of subdivision 2 of section
   40  695-e of the education law, as amended by chapter 593  of  the  laws  of
   41  2003, is amended to read as follows:
   42    (i)  the name, address and social security number [or], employer iden-
   43  tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
   44  account  owner  UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
   45  TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN
   46  THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-
   47  TION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION  NUMBER  SHALL  BE
   48  ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
   49    S  16.  Subparagraph  (iii) of paragraph a of subdivision 2 of section
   50  695-e of the education law, as amended by chapter 593  of  the  laws  of
   51  2003, is amended to read as follows:
   52    (iii)  the  name,  address, and social security number, EMPLOYER IDEN-
   53  TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER  of  the
   54  designated  beneficiary,  UNLESS  A  FAMILY  TUITION ACCOUNT THAT WAS IN
   55  EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
   56  THOUSAND  FIFTEEN  THAT  AMENDED  THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
       S. 1251                             8
    1  TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER  IDENTIFICATION
    2  NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
    3    S  17.  The president of the higher education services corporation, in
    4  consultation with the commissioner  of  education,  shall  establish  an
    5  application  form  and  procedures  that shall allow a student applicant
    6  that meets the requirements set forth in subparagraph (ii) of  paragraph
    7  (a)  or subparagraph (ii) of paragraph b of subdivision 5 of section 661
    8  of the education law to apply directly to the higher education  services
    9  corporation or education department for applicable awards without having
   10  to submit information to any other state or federal agency. All informa-
   11  tion  contained  within  the applications filed with such corporation or
   12  department shall be deemed confidential.
   13    S 18. This act shall take effect immediately; provided, however, that:
   14    (a) section two of this act shall take effect January 1, 2016;
   15    (b) sections fifteen and sixteen of this act shall take effect on  the
   16  ninetieth  day after it shall have become a law; provided, however, that
   17  any rule or regulation necessary for the timely implementation  of  this
   18  act  on its effective date shall be promulgated on or before such effec-
   19  tive date; and
   20    (c) sections three through fourteen and section seventeen of this  act
   21  shall take effect on the ninetieth day after the issuance of regulations
   22  and the development of an application form by the president of the high-
   23  er  education  services  corporation and commissioner of education or on
   24  the ninetieth day after it shall have become a law, whichever  shall  be
   25  later; provided, however that effective immediately the addition, amend-
   26  ment and/or repeal of any rule or regulation necessary for the implemen-
   27  tation  of  this act on its effective date is authorized and directed to
   28  be made and completed on or before such date; provided, further,  howev-
   29  er,  that the president of the higher education services corporation and
   30  the commissioner of education shall notify the legislative bill drafting
   31  commission upon the occurrence of the issuance of  the  regulations  and
   32  the  development of an application form in order that the commission may
   33  maintain an accurate and timely effective data base of the official text
   34  of the laws of the state of New York in furtherance of effectuating  the
   35  provisions  of section 44 of the legislative law and section 70-b of the
   36  public officers law.
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