Bill Text: NY S08365 | 2023-2024 | General Assembly | Introduced

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Bill Title: Removes the affidavit of the lawful immigration status requirement for certain students.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-23 - REFERRED TO HIGHER EDUCATION [S08365 Detail]

Download: New_York-2023-S08365-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8365

                    IN SENATE

                                    January 23, 2024
                                       ___________

        Introduced  by  Sen. JACKSON -- 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  affidavits  of  the
          lawful  immigration  status of certain students; and to repeal certain
          provisions 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. The closing paragraph paragraph a and the closing paragraph
     2  of  paragraph b of subdivision 5 of section 661 of the education law are
     3  REPEALED.
     4    § 2. The closing paragraph of subparagraph (i)  of  paragraph  (a)  of
     5  subdivision  7  of  section  6206  of  the  education law, as amended by
     6  section 3 of part B of chapter 56 of the laws of  2023,  is  amended  to
     7  read as follows:
     8    [A student without lawful immigration status shall also be required to
     9  file an affidavit with such institution or educational unit stating that
    10  the  student has filed an application to legalize his or her immigration
    11  status, or will file such an application as soon as he or she is  eligi-
    12  ble  to  do so.] The trustees shall not adopt changes in tuition charges
    13  prior to the enactment of the annual budget. The board of  trustees  may
    14  accept  as  partial  reimbursement  for the education of veterans of the
    15  armed forces of the United States who are otherwise qualified such  sums
    16  as  may  be authorized by federal legislation to be paid for such educa-
    17  tion. The board of trustees may conduct on a fee basis extension courses
    18  and courses for adult education  appropriate  to  the  field  of  higher
    19  education.  In  all  courses  and  courses  of  study  it  may,  in  its
    20  discretion, require students to pay library, laboratory, locker,  break-
    21  age and other instructional and non-instructional fees and meet the cost
    22  of  books and consumable supplies. In addition to the foregoing fees and
    23  charges, the board of trustees may impose and collect fees  and  charges
    24  for  student  government  and  other  student activities and receive and
    25  expend them as agent or trustee.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11178-02-3
        S. 8365                             2

     1    § 3. The closing paragraph of paragraph  (a-1)  of  subdivision  7  of
     2  section 6206 of the education law, as amended by chapter 669 of the laws
     3  of 2022, is amended to read as follows:
     4    [A student without lawful immigration status shall also be required to
     5  file an affidavit with such institution or educational unit stating that
     6  the  student has filed an application to legalize his or her immigration
     7  status, or will file such an application as soon as he or she is  eligi-
     8  ble  to  do so.] Except as otherwise authorized in paragraph (a) of this
     9  subdivision, the trustees shall not adopt  changes  in  tuition  charges
    10  prior  to  the enactment of the annual budget. The board of trustees may
    11  accept as partial reimbursement for the education  of  veterans  of  the
    12  armed  forces of the United States who are otherwise qualified such sums
    13  as may be authorized by federal legislation to be paid for  such  educa-
    14  tion. The board of trustees may conduct on a fee basis extension courses
    15  and  courses  for  adult  education  appropriate  to the field of higher
    16  education.  In  all  courses  and  courses  of  study  it  may,  in  its
    17  discretion,  require students to pay library, laboratory, locker, break-
    18  age and other instructional and non-instructional fees and meet the cost
    19  of books and consumable supplies. In addition to the foregoing fees  and
    20  charges,  the  board of trustees may impose and collect fees and charges
    21  for student government and other  student  activities  and  receive  and
    22  expend them as agent or trustee.
    23    §  4.  The  second  undesignated paragraph of subdivision 5 of section
    24  6301 of the education law is REPEALED.
    25    § 5. The closing paragraph of paragraph (a) of subdivision 2  and  the
    26  closing  paragraph  of paragraph (a) of subdivision 3 of section 6455 of
    27  the education law are REPEALED.
    28    § 6. This act shall take effect on the sixtieth  day  after  it  shall
    29  have become a law; provided, however, that section two of this act shall
    30  take effect on the same date as the reversion of paragraph (a) of subdi-
    31  vision  7 of section 6206 of the education law as provided in section 16
    32  of chapter 260 of the laws of 2011, as amended; provided further, howev-
    33  er, that the amendments to paragraph (a-1) of subdivision 7  of  section
    34  6206  of  the  education law made by section three of this act shall not
    35  affect the repeal of such paragraph and shall be deemed repealed  there-
    36  with.