STATE OF NEW YORK ________________________________________________________________________ 8506 IN SENATE March 8, 2022 ___________ 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 prohibiting legacy preference as eligible criteria for admission standards or for partic- ipation in state awards programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 209-b 2 to read as follows: 3 § 209-b. Legacy preference for admission. 1. For the purposes of this 4 section, "legacy preference" means a preference given by a public 5 college or public university on the basis of an applicant's familial 6 relationship to alumni of such public college or public university. 7 2. Notwithstanding any other law, rule or regulation to the contrary, 8 a public college or public university shall not consider a legacy pref- 9 erence as eligible criteria for admission standards; provided, however, 10 that a public college or public university may still inquire about fami- 11 lial relationships to alumni in order to collect data. 12 § 2. Subdivision 1 of section 665-a of the education law, as amended 13 by chapter 681 of the laws of 1986, is amended to read as follows: 14 1. Participation agreement. No institution may participate in the 15 general, academic or other award programs described in this article 16 unless it shall have entered into a written agreement with the corpo- 17 ration under which it shall be bound to comply with all laws and rules 18 applicable to such programs. The participation agreement may contain 19 such other terms and conditions, consistent with such applicable laws, 20 rules and procedures, as the president may require in accordance with 21 rules adopted for this purpose by the board and shall be developed in 22 consultation with the commissioner of education; provided, however, that 23 a participation agreement with any institution shall include the condi- 24 tion that such institution shall not consider a legacy preference as 25 eligible criteria for admission standards. For purposes of this subdi- 26 vision, "legacy preference" shall mean a preference given by an insti- 27 tution on the basis of an applicant's familial relationship to alumni EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11991-02-1S. 8506 2 1 of such institution. In accordance with rules adopted by the board for 2 this purpose, the president, may suspend, limit or terminate an insti- 3 tution's participation in these programs in the event it shall be deter- 4 mined after a hearing conducted in accordance with the state administra- 5 tive procedure act that the institution has violated any applicable 6 laws, rules or procedures provided for under the agreement in accordance 7 with law and the rules of the board. 8 § 3. This act shall take effect on the ninetieth day after it shall 9 have become a law. Effective immediately, the addition, amendment and/or 10 repeal of any rule or regulation necessary for the implementation of 11 this act on its effective date are authorized to be made on or before 12 such date.