Bill Text: NY S02378 | 2013-2014 | General Assembly | Amended
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 27-0)
Status: (Introduced - Dead) 2014-01-29 - PRINT NUMBER 2378B [S02378 Detail]
Download: New_York-2013-S02378-Amended.html
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 27-0)
Status: (Introduced - Dead) 2014-01-29 - PRINT NUMBER 2378B [S02378 Detail]
Download: New_York-2013-S02378-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2378--A
2013-2014 Regular Sessions
I N S E N A T E
January 17, 2013
___________
Introduced by Sens. PERALTA, AVELLA, BRESLIN, CARLUCCI, DIAZ, DILAN,
ESPAILLAT, GIANARIS, GIPSON, HASSELL-THOMPSON, HOYLMAN, KLEIN, KRUEG-
ER, MONTGOMERY, PARKER, RIVERA, SAMPSON, SANDERS, SAVINO, SERRANO,
SQUADRON, STAVISKY, STEWART-COUSINS, TKACZYK, VALESKY -- read twice
and ordered printed, and when printed to be committed to the Committee
on Higher Education -- recommitted to the Committee on Education in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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. Short title. This act shall be known and may be cited as
2 the "New York 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07742-03-4
S. 2378--A 2
1 (II) THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
2 THE SENATE;
3 (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
4 (IV) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
5 SENATE;
6 (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
7 BLY;
8 (C) TO THE EXTENT PRACTICABLE, MEMBERS OF SUCH COMMISSION SHALL
9 REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY
10 OF THE STATE.
11 (D) TO THE EXTENT PRACTICABLE, MEMBERS OF SUCH COMMISSION SHALL
12 INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS AND FACULTY, AND OTHER
13 INDIVIDUALS COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE
14 CHILDREN OF IMMIGRANTS.
15 (E) MEMBERS OF THE NEW YORK DREAM FUND COMMISSION SHALL RECEIVE NO
16 COMPENSATION FOR THEIR SERVICES.
17 2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
18 (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
19 (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
20 (III) ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
21 ITY OF RAISING FUNDS FOR THE ADMINISTRATION OF THIS SECTION AND ANY
22 EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
23 TRATING AND FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
24 GRANTS TO THE UNITED STATES;
25 (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
26 DREAM FUND;
27 (V) DEVELOP CRITERIA AND A SELECTION PROCESS FOR THE RECIPIENTS OF
28 SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
29 (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
30 THE COSTS OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
31 ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
32 GRANTS WITHIN HIGHER EDUCATION;
33 (VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR HIGH
34 SCHOOL COUNSELORS, ADMISSIONS OFFICERS, AND FINANCIAL AID OFFICERS OF
35 INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS SHALL INSTRUCT
36 PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
37 STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
38 TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE EXTENT PRACTICA-
39 BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
40 TO SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
41 THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN TO
42 SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH
43 LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
44 DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH LESSER
45 NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
46 (VIII) ESTABLISH A PUBLIC AWARENESS CAMPAIGN REGARDING EDUCATIONAL
47 OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE THE CHILDREN
48 OF IMMIGRANTS; AND
49 (IX) ESTABLISH, BY RULE, PROCEDURES FOR ACCEPTING AND EVALUATING
50 APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND ISSU-
51 ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
52 (B) TO RECEIVE A SCHOLARSHIP PURSUANT TO THIS SECTION, A STUDENT
53 APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
54 (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE ATTENDING
55 A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
S. 2378--A 3
1 (II) HAVE GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
2 THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
3 (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE FOR
4 AT LEAST TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
5 OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
6 (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
7 STATES.
8 (C) THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
9 SHALL BE FUNDED ENTIRELY BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
10 SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND. NO FUNDS
11 OF THE NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
12 BE TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL
13 BE USED FOR ANY PURPOSE OTHER THAN THE PURPOSES SET FORTH IN THIS
14 SECTION.
15 3. THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
16 SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
17 SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
18 S 3. Subdivision 3 of section 661 of the education law is REPEALED.
19 S 4. Paragraph a of subdivision 5 of section 661 of the education law,
20 as amended by chapter 466 of the laws of 1977, is amended to read as
21 follows:
22 a. (I) Except as provided in subdivision two of section six hundred
23 seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
24 applicant for an award at the undergraduate level of study must either
25 [(i)] (A) have been a legal resident of the state for at least one year
26 immediately preceding the beginning of the semester, quarter or term of
27 attendance for which application for assistance is made, or [(ii)] (B)
28 be a legal resident of the state and have been a legal resident during
29 his last two semesters of high school either prior to graduation, or
30 prior to admission to college. Provided further that persons shall be
31 eligible to receive awards under section six hundred sixty-eight or
32 section six hundred sixty-nine OF THIS PART who are currently legal
33 residents of the state and are otherwise qualified.
34 (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
35 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
36 CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
37 APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN
38 AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
39 (A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
40 YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL AND
41 APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
42 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
43 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
44 (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
45 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
46 DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
47 TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
48 FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
49 (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
50 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
51 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
52 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
53 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
54 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
55 PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
56 SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
S. 2378--A 4
1 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
2 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
3 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
4 S 5. Paragraph b of subdivision 5 of section 661 of the education law,
5 as amended by chapter 466 of the laws of 1977, is amended to read as
6 follows:
7 b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS
8 PARAGRAPH, AN applicant for an award at the graduate level of study must
9 either [(i)] (A) have been a legal resident of the state for at least
10 one year immediately preceding the beginning of the semester, quarter or
11 term of attendance for which application for assistance is made, or
12 [(ii)] (B) be a legal resident of the state and have been a legal resi-
13 dent during his last academic year of undergraduate study and have
14 continued to be a legal resident until matriculation in the graduate
15 program.
16 (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
17 PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
18 CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
19 APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN
20 AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
21 (A) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
22 OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
23 AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
24 THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF
25 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
26 (B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
27 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
28 DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
29 TION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
30 YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
31 (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
32 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
33 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
34 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
35 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
36 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
37 PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
38 SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
39 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
40 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
41 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
42 S 6. Paragraph d of subdivision 5 of section 661 of the education law,
43 as amended by chapter 844 of the laws of 1975, is amended to read as
44 follows:
45 d. If an applicant for an award allocated on a geographic basis has
46 more than one residence in this state, his OR HER residence for the
47 purpose of this article shall be his OR HER place of actual residence
48 during the major part of the year while attending school, as determined
49 by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
50 HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO
51 SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
52 THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
53 INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES
54 OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
S. 2378--A 5
1 S 7. Paragraph e of subdivision 5 of section 661 of the education law,
2 as added by chapter 630 of the laws of 2005, is amended to read as
3 follows:
4 e. Notwithstanding any other provision of this article to the contra-
5 ry, the New York state [residency] eligibility [requirement] REQUIRE-
6 MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
7 SUBDIVISION ARE waived for a member, or the spouse or dependent of a
8 member, of the armed forces of the United States on full-time active
9 duty and stationed in this state.
10 S 8. Paragraph h of subdivision 2 of section 355 of the education law
11 is amended by adding a new subparagraph 10 to read as follows:
12 (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS
13 NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
14 PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
15 WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT OF TUITION AND
16 OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
17 OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES
18 THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
19 THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)
20 OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
21 OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
22 S 9. Subdivision 7 of section 6206 of the education law is amended by
23 adding a new paragraph (d) to read as follows:
24 (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A
25 LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
26 PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
27 WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT OF TUITION AND
28 OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
29 OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES
30 THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
31 THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)
32 OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
33 OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
34 S 10. Section 6305 of the education law is amended by adding a new
35 subdivision 8-a to read as follows:
36 8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
37 WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT OF
38 NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
39 DENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMI-
40 GRATION STATUS MAY BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS AND
41 OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES
42 THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
43 THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)
44 OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
45 OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
46 S 11. Paragraph d of subdivision 3 of section 6451 of the education
47 law, as amended by chapter 149 of the laws of 1972, is amended to read
48 as follows:
49 d. Any necessary supplemental financial assistance, which may include
50 the cost of books and necessary maintenance for such enrolled students,
51 INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE
52 STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
53 GRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF
54 SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided,
55 however, that such supplemental financial assistance shall be furnished
S. 2378--A 6
1 pursuant to criteria promulgated by the commissioner with the approval
2 of the director of the budget.
3 S 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
4 of the education law, as added by chapter 917 of the laws of 1970, is
5 amended to read as follows:
6 (v) Any necessary supplemental financial assistance, which may include
7 the cost of books and necessary maintenance for such students, INCLUDING
8 STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT
9 MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
10 SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX
11 HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however,
12 that such supplemental financial assistance shall be furnished pursuant
13 to criteria promulgated by such universities and approved by the regents
14 and the director of the budget.
15 S 13. Paragraph (a) of subdivision 2 of section 6455 of the education
16 law, as added by chapter 285 of the laws of 1986, is amended to read as
17 follows:
18 (a) (I) Undergraduate science and technology entry program moneys may
19 be used for tutoring, counseling, remedial and special summer courses,
20 supplemental financial assistance, program administration, and other
21 activities which the commissioner may deem appropriate. To be eligible
22 for undergraduate collegiate science and technology entry program
23 support, a student must be a resident of New York [who is], OR MEET THE
24 REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
25 economically disadvantaged or from a minority group historically under
26 represented in the scientific, technical, health and health-related
27 professions, and [who demonstrates] MUST DEMONSTRATE interest in and a
28 potential for a professional career if provided special services. Eligi-
29 ble students must be in good academic standing, enrolled full time in an
30 approved, undergraduate level program of study, as defined by the
31 regents.
32 (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
33 WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
34 NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS,
35 SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY
36 PROVIDED THAT THE STUDENT:
37 (1) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
38 YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL AND
39 APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
40 UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
41 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
42 (2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
43 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
44 DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
45 TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
46 FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,
47 ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS,
48 GRADUATED FROM AN APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
49 ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN FIVE YEARS OF
50 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
51 (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
52 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
53 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
54 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
55 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
56 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
S. 2378--A 7
1 PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
2 SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
3 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
4 LEGALIZE HIS OR IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS
5 SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
6 S 14. Paragraph (a) of subdivision 3 of section 6455 of the education
7 law, as added by chapter 285 of the laws of 1986, is amended to read as
8 follows:
9 (a) (I) Graduate science and technology entry program moneys may be
10 used for recruitment, academic enrichment, career planning, supplemental
11 financial assistance, review for licensing examinations, program admin-
12 istration, and other activities which the commissioner may deem appro-
13 priate. To be eligible for graduate collegiate science and technology
14 entry program support, a student must be a resident of New York [who
15 is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
16 AND MUST BE either economically disadvantaged or from a minority group
17 historically underrepresented in the scientific, technical and health-
18 related professions. Eligible students must be in good academic stand-
19 ing, enrolled full time in an approved graduate level program, as
20 defined by the regents.
21 (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
22 EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
23 NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
24 SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY
25 PROVIDED THAT THE STUDENT:
26 (1) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
27 OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
28 AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
29 THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF
30 RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
31 (2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
32 SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
33 DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
34 TION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
35 YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
36 (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
37 RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
38 UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
39 COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
40 SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
41 VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
42 PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
43 SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
44 HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
45 LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
46 AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
47 S 15. Subparagraphs (i) and (iii) of paragraph a of subdivision 2 of
48 section 695-e of the education law, as amended by chapter 593 of the
49 laws of 2003, are amended to read as follows:
50 (i) the name, address and social security number [or], employer iden-
51 tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
52 account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
53 TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOUR-
54 TEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDEN-
55 TIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL
56 BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
S. 2378--A 8
1 (iii) the name, address, and social security number, EMPLOYER IDEN-
2 TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
3 designated beneficiary, UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN
4 EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
5 THOUSAND FOURTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
6 TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION
7 NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
8 S 16. The president of the higher education services corporation, in
9 consultation with the commissioner of education, shall establish an
10 application form and procedures that shall allow a student applicant
11 that meets the requirements set forth in subparagraph (ii) of paragraph
12 (a) or subparagraph (ii) of paragraph b of subdivision 5 of section 661
13 of the education law to apply directly to the higher education services
14 corporation or education department for applicable awards without having
15 to submit information to any other state or federal agency. All informa-
16 tion contained within the applications filed with such corporation or
17 department shall be deemed confidential.
18 S 17. This act shall take effect immediately; provided, however, that:
19 (a) section two of this act shall take effect January 1, 2015;
20 (b) section fifteen of this act shall take effect on the ninetieth day
21 after it shall have become a law; provided, however, that any rule or
22 regulation necessary for the timely implementation of this act on its
23 effective date shall be promulgated on or before such effective date;
24 and
25 (c) sections three through fourteen and section sixteen of this act
26 shall take effect on the ninetieth day after the issuance of regulations
27 and the development of an application form by the president of the high-
28 er education services corporation and commissioner of education or on
29 the ninetieth day after it shall have become a law, whichever shall be
30 later; provided, however that effective immediately the addition, amend-
31 ment and/or repeal of any rule or regulation necessary for the implemen-
32 tation of this act on its effective date is authorized and directed to
33 be made and completed on or before such date; provided, further, howev-
34 er, that the president of the higher education services corporation and
35 the commissioner of education shall notify the legislative bill drafting
36 commission upon the occurrence of the issuance of the regulations and
37 the development of an application form in order that the commission may
38 maintain an accurate and timely effective data base of the official text
39 of the laws of the state of New York in furtherance of effectuating the
40 provisions of section 44 of the legislative law and section 70-b of the
41 public officers law.
