Bill Text: NY S07842 | 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 1-0)

Status: (Introduced - Dead) 2012-08-20 - REFERRED TO RULES [S07842 Detail]

Download: New_York-2011-S07842-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7842
                                   I N  S E N A T E
                                    August 20, 2012
                                      ___________
       Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       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
   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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16443-01-2
       S. 7842                             2
    1    (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
    2  PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
    3  CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
    4  INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT
    5  TO  RULES AND REGULATIONS SET FORTH BY THE UNITED STATES CITIZENSHIP AND
    6  IMMIGRATION SERVICES SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE
    7  LEVEL OF STUDY PROVIDED THAT THE STUDENT:
    8    (A) 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    (B) 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; OR
   18    (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
   19  RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
   20  UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
   21  COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
   22  SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
   23  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   24    b.  [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS
   25  PARAGRAPH, AN applicant for an award at the graduate level of study must
   26  either [(i)] (A) have been a legal resident of the state  for  at  least
   27  one year immediately preceding the beginning of the semester, quarter or
   28  term  of  attendance  for  which  application for assistance is made, or
   29  [(ii)] (B) be a legal resident of the state and have been a legal  resi-
   30  dent  during  his  OR  HER last academic year of undergraduate study and
   31  have continued to be a legal resident until matriculation in the  gradu-
   32  ate program.
   33    (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
   34  PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
   35  CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
   36  INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT
   37  TO  RULES AND REGULATIONS SET FORTH BY THE UNITED STATES CITIZENSHIP AND
   38  IMMIGRATION SERVICES SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE
   39  LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   40    (A) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR  TWO
   41  OR  MORE  YEARS,  GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
   42  AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCATION  FOR
   43  THE  GRADUATE  STUDY  FOR  WHICH  AN AWARD IS SOUGHT WITHIN TEN YEARS OF
   44  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   45    (B) ATTENDED AN APPROVED NEW YORK  STATE  PROGRAM  FOR  A  STATE  HIGH
   46  SCHOOL  EQUIVALENCY  DIPLOMA,  RECEIVED  A STATE HIGH SCHOOL EQUIVALENCY
   47  DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF  HIGHER  EDUCA-
   48  TION  FOR  THE  GRADUATE  STUDY  FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
   49  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
   50    (C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION  AND  FEES  AT  A
   51  RATE  NO  GREATER  THAN  THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
   52  UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF  NEW  YORK  OR  COMMUNITY
   53  COLLEGES  AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
   54  SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF  SUBDI-
   55  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
       S. 7842                             3
    1    S 3. Paragraph d of subdivision 5 of section 661 of the education law,
    2  as  amended  by  chapter  844 of the laws of 1975, is amended to read as
    3  follows:
    4    d.  If  an  applicant for an award allocated on a geographic basis has
    5  more than one residence in this state, his  OR  HER  residence  for  the
    6  purpose  of  this  article shall be his OR HER place of actual residence
    7  during the major part of the year while attending school, as  determined
    8  by  the  commissioner; AND FURTHER, PROVIDED, THAT AN APPLICANT WHO DOES
    9  NOT HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT
   10  TO SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH  B
   11  OF  THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF
   12  THE INSTITUTION OF HIGHER EDUCATION IN  WHICH  HE  OR  SHE  ATTENDS  FOR
   13  PURPOSES OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
   14    S 4. Paragraph e of subdivision 5 of section 661 of the education law,
   15  as  added  by  chapter  630  of  the laws of 2005, is amended to read as
   16  follows:
   17    e. Notwithstanding any other provision of this article to the  contra-
   18  ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
   19  MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
   20  SUBDIVISION ARE waived for a member, or the spouse  or  dependent  of  a
   21  member,  of  the  armed  forces of the United States on full-time active
   22  duty and stationed in this state.
   23    S 5. Paragraph h of subdivision 2 of section 355 of the education  law
   24  is amended by adding a new subparagraph 10 to read as follows:
   25    (10)  SUCH  REGULATIONS  SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS
   26  NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
   27  PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN INDIVIDUAL
   28  GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT  TO  RULES
   29  AND  REGULATIONS  SET  FORTH  BY THE UNITED STATES CITIZENSHIP AND IMMI-
   30  GRATION SERVICES MAY HAVE THE PAYMENT OF  TUITION  AND  OTHER  FEES  AND
   31  CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL
   32  ASSISTANCE  AWARDED  UNDER  THE  PROVISIONS  OF ARTICLES THIRTEEN, THIR-
   33  TEEN-A, FOURTEEN AND FOURTEEN-A OF THIS TITLE, PROVIDED THAT THE STUDENT
   34  MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR
   35  SUBPARAGRAPH  (II)  OF  PARAGRAPH  B  OF SUBDIVISION FIVE OF SECTION SIX
   36  HUNDRED SIXTY-ONE OF THIS TITLE, AS APPLICABLE.
   37    S 6. Subdivision 7 of section 6206 of the education law is amended  by
   38  adding a new paragraph (d) to read as follows:
   39    (D)  THE  TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A
   40  LEGAL RESIDENT OF NEW YORK STATE BUT  IS  A  UNITED  STATES  CITIZEN,  A
   41  PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN INDIVIDUAL
   42  GRANTED  DEFERRED  ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT TO RULES
   43  AND REGULATIONS SET FORTH BY THE UNITED  STATES  CITIZENSHIP  AND  IMMI-
   44  GRATION  SERVICES  MAY  HAVE  THE  PAYMENT OF TUITION AND OTHER FEES AND
   45  CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL
   46  ASSISTANCE AWARDED UNDER THE  PROVISIONS  OF  ARTICLES  THIRTEEN,  THIR-
   47  TEEN-A,  FOURTEEN  AND  FOURTEEN-A  OF  THIS  CHAPTER, PROVIDED THAT THE
   48  STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)  OF  PARA-
   49  GRAPH  A  OR  SUBPARAGRAPH  (II)  OF  PARAGRAPH B OF SUBDIVISION FIVE OF
   50  SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
   51    S 7. Section 6305 of the education law is  amended  by  adding  a  new
   52  subdivision 8-a to read as follows:
   53    8-A.  THE  PAYMENT  OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
   54  WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT  OF
   55  NEW  YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
   56  DENT, A LAWFUL NON-IMMIGRANT ALIEN OR  AN  INDIVIDUAL  GRANTED  DEFERRED
       S. 7842                             4
    1  ACTION  FOR  CHILDHOOD  ARRIVAL STATUS PURSUANT TO RULES AND REGULATIONS
    2  SET FORTH BY THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES  MAY
    3  BE  REDUCED  BY  STATE-AIDED  PROGRAMS, SCHOLARSHIPS AND OTHER FINANCIAL
    4  ASSISTANCE  AWARDED  UNDER  THE  PROVISIONS  OF ARTICLES THIRTEEN, THIR-
    5  TEEN-A, FOURTEEN AND FOURTEEN-A  OF  THIS  CHAPTER,  PROVIDED  THAT  THE
    6  STUDENT  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
    7  GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
    8  SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
    9    S  8.  Paragraph  d  of subdivision 3 of section 6451 of the education
   10  law, as amended by chapter 149 of the laws of 1972, is amended  to  read
   11  as follows:
   12    d.  Any necessary supplemental financial assistance, which may include
   13  the cost of books and necessary maintenance for such enrolled  students,
   14  INCLUDING  STUDENTS GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS
   15  PURSUANT TO RULES AND REGULATIONS SET FORTH BY THE UNITED  STATES  CITI-
   16  ZENSHIP  AND  IMMIGRATION  SERVICES  PROVIDED THAT THE STUDENT MEETS THE
   17  REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR  SUBPARA-
   18  GRAPH  (II)  OF  PARAGRAPH  B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED
   19  SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however,  that  such
   20  supplemental  financial assistance shall be furnished pursuant to crite-
   21  ria promulgated by the commissioner with the approval of the director of
   22  the budget.
   23    S 9. Subparagraph (v) of paragraph a of subdivision 4 of section  6452
   24  of  the  education  law, as added by chapter 917 of the laws of 1970, is
   25  amended to read as follows:
   26    (v) Any necessary supplemental financial assistance, which may include
   27  the cost of books and necessary maintenance for such students, INCLUDING
   28  STUDENTS GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL  STATUS  PURSUANT
   29  TO  RULES AND REGULATIONS SET FORTH BY THE UNITED STATES CITIZENSHIP AND
   30  IMMIGRATION SERVICES PROVIDED THAT THE STUDENT  MEETS  THE  REQUIREMENTS
   31  SET  FORTH  IN  SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF
   32  PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS
   33  CHAPTER, AS APPLICABLE; provided, however, that such supplemental finan-
   34  cial assistance shall be furnished pursuant to criteria  promulgated  by
   35  such  universities  and  approved by the regents and the director of the
   36  budget.
   37    S 10. Paragraph (a) of subdivision 2 of section 6455 of the  education
   38  law,  as added by chapter 285 of the laws of 1986, is amended to read as
   39  follows:
   40    (a) (I) Undergraduate science and technology entry program moneys  may
   41  be  used  for tutoring, counseling, remedial and special summer courses,
   42  supplemental financial assistance,  program  administration,  and  other
   43  activities  which  the commissioner may deem appropriate. To be eligible
   44  for  undergraduate  collegiate  science  and  technology  entry  program
   45  support,  a student must be a resident of New York [who is], OR MEET THE
   46  REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE  either
   47  economically  disadvantaged or from a minority group historically under-
   48  represented in the  scientific,  technical,  health  and  health-related
   49  professions,  and  [who demonstrates] MUST DEMONSTRATE interest in and a
   50  potential for a professional career if provided special services. Eligi-
   51  ble students must be in good academic standing, enrolled full time in an
   52  approved, undergraduate level  program  of  study,  as  defined  by  the
   53  regents.
   54    (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
   55  WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESIDENT,  A  LAWFUL
   56  NON-IMMIGRANT  ALIEN OR AN INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILD-
       S. 7842                             5
    1  HOOD ARRIVAL STATUS PURSUANT TO RULES AND REGULATIONS SET FORTH  BY  THE
    2  UNITED  STATES  CITIZENSHIP  AND IMMIGRATION SERVICES, SHALL BE ELIGIBLE
    3  FOR AN AWARD AT THE UNDERGRADUATE  LEVEL  OF  STUDY  PROVIDED  THAT  THE
    4  STUDENT:
    5    (1)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
    6  YEARS, GRADUATED FROM A  REGISTERED  NEW  YORK  STATE  HIGH  SCHOOL  AND
    7  APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
    8  UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN  FIVE  YEARS  OF
    9  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   10    (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
   11  SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
   12  DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
   13  TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
   14  FIVE  YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY DIPLOMA,
   15  ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR  MORE  YEARS,
   16  GRADUATED  FROM  AN  APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
   17  ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN  FIVE  YEARS  OF
   18  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   19    (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
   20  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
   21  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
   22  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
   23  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
   24  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
   25    S 11. Paragraph (a) of subdivision 3 of section 6455 of the  education
   26  law,  as added by chapter 285 of the laws of 1986, is amended to read as
   27  follows:
   28    (a) (I) Graduate science and technology entry program  moneys  may  be
   29  used for recruitment, academic enrichment, career planning, supplemental
   30  financial  assistance, review for licensing examinations, program admin-
   31  istration, and other activities which the commissioner may  deem  appro-
   32  priate.  To  be  eligible for graduate collegiate science and technology
   33  entry program support, a student must be a resident  of  New  York  [who
   34  is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
   35  AND MUST BE either economically disadvantaged or from a  minority  group
   36  historically  underrepresented  in the scientific, technical and health-
   37  related professions. Eligible students must be in good  academic  stand-
   38  ing,  enrolled  full  time  in  an  approved  graduate level program, as
   39  defined by the regents.
   40    (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
   41  EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
   42  NON-IMMIGRANT  ALIEN OR AN INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILD-
   43  HOOD ARRIVAL STATUS PURSUANT TO RULES AND REGULATIONS SET FORTH  BY  THE
   44  UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES SHALL BE ELIGIBLE FOR
   45  AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
   46    (1)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
   47  OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
   48  AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
   49  THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
   50  RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   51    (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
   52  SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
   53  DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
   54  TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
   55  YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
       S. 7842                             6
    1    (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
    2  RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
    3  UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
    4  COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
    5  SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
    6  VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
    7    S 12. The commissioner of education, in consultation with  the  presi-
    8  dent  of  the  higher education services corporation, shall establish an
    9  application form and procedure that  shall  allow  a  student  applicant
   10  under  paragraph d of subdivision 3 of section 661 of the education law,
   11  as added by section one of this act, to apply  directly  to  the  higher
   12  education  services  corporation  or education department for applicable
   13  awards without having to submit information to any other state or feder-
   14  al agency. All information contained within the applications filed  with
   15  such corporation or department shall be deemed confidential.
   16    S  13. This act shall take effect on the ninetieth day after the issu-
   17  ance of regulations  on  the  deferred  action  for  childhood  arrivals
   18  program by the United States Citizenship and Immigration Services, or on
   19  the  ninetieth  day after it shall have become a law, whichever shall be
   20  later, provided  however,  that  effective  immediately,  the  addition,
   21  amendment  and/or  repeal  of  any  rule or regulation necessary for the
   22  implementation of this act on  its  effective  date  is  authorized  and
   23  directed  to  be  made  and  completed on or before such effective date;
   24  provided that the commissioner of education shall notify the legislative
   25  bill drafting commission upon the occurrence  of  the  issuance  of  the
   26  regulations on the deferred action for childhood arrivals program by the
   27  United  States  Citizenship  and  Immigration Services in order that the
   28  commission may maintain an accurate and timely effective  data  base  of
   29  the official text of the laws of the state of New York in furtherance of
   30  effectuating  the  provisions  of  section 44 of the legislative law and
   31  section 70-b of the public officers law.
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