S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6580
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 22, 2011
                                      ___________
       Introduced by M. of A. MARKEY, ORTIZ, PHEFFER, COLTON, WRIGHT, SCHROEDER
         --  Multi-Sponsored  by  -- M. of A. COOK, HEASTIE, JACOBS, MAYERSOHN,
         McENENY, WEISENBERG -- read once and  referred  to  the  Committee  on
         Higher Education
       AN  ACT to amend the education law, in relation to authorizing the state
         university trustees and officials of community colleges to make cours-
         es available for certain persons sixty years of age or over
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subparagraph 1 of paragraph h of subdivision 2 of section
    2  355 of the education law, as separately amended by chapters 552 and  616
    3  of the laws of 1985, is amended to read as follows:
    4    (1)  Notwithstanding  the  provisions of any other general, special or
    5  local law, rule or regulation, such regulations may permit persons sixty
    6  years of age or over to  [audit]  TAKE  courses  given  therein  without
    7  tuition,  EITHER  FOR  CREDIT, OR WITHOUT examination, grading or credit
    8  therefor upon a space available basis, as determined by the president of
    9  each such institution, provided that such [audit]  attendance  does  not
   10  deny  course attendance at a state-operated institution by an individual
   11  who is otherwise qualified under the regulations promulgated pursuant to
   12  this section. FOR PURPOSES OF THIS SECTION, PERSONS SIXTY YEARS  OF  AGE
   13  OR  OVER  WHO  ARE  RESIDENTS OF THE STATE SHALL BE ELIGIBLE TO TAKE NOT
   14  MORE THAN NINE CREDIT HOURS OF COURSES FOR CREDIT PER  SEMESTER  WITHOUT
   15  TUITION.
   16    S  2.   Subdivision 5 of section 6303 of the education law, as amended
   17  by chapter 552 of the laws of 1984, is amended to read as follows:
   18    5.  Notwithstanding the provisions of any other  general,  special  or
   19  local  law,  rule  or  regulation, community colleges may permit persons
   20  sixty years of age or over  to  [audit  courses  given  therein  without
   21  tuition,  examination,  grading  or  credit  therefor] ENROLL IN COURSES
   22  GIVEN THEREIN  FOR EXAMINATION, GRADING AND CREDIT BUT WITHOUT  TUITION,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09705-01-1
       A. 6580                             2
    1  upon  a  space  available  basis,  subject  to the provisions of section
    2  sixty-three hundred four of this [chapter] ARTICLE, as determined by the
    3  president of each such institution, provided that such  [audit]  attend-
    4  ance  does not deny course attendance at a community college by an indi-
    5  vidual  who  is  otherwise  qualified  under  the  regulations  and  the
    6  provisions  of  section  sixty-three  hundred  four  of  this  [chapter]
    7  ARTICLE.   The provisions of  this  [paragraph]  SUBDIVISION  shall  not
    8  affect  any  state  aid  to  community colleges granted pursuant to THIS
    9  article [one hundred twenty-six of this chapter].
   10    S 3. This act shall  take  effect  on  the  first  of  September  next
   11  succeeding the date on which it shall have become a law.