Bill S1257A-2013

Establishes the New York dream act, providing certain benefits to undocumented immigrants that satisfy certain criteria

Establishes the New York state dream act; provides certain higher education eligibility benefits to undocumented immigrants that satisfy certain criteria.

Details

Actions

  • Jan 8, 2014: REFERRED TO HIGHER EDUCATION
  • Jan 17, 2013: PRINT NUMBER 1257A
  • Jan 17, 2013: AMEND AND RECOMMIT TO HIGHER EDUCATION
  • Jan 9, 2013: REFERRED TO HIGHER EDUCATION

Memo

BILL NUMBER:S1257A

TITLE OF BILL: An act to amend the education law, in relation to the New York State dream act; and to repeal certain provisions of such law relating thereto

PURPOSE: To provide access to state, city, town and/or village-funded financial aid programs, including, but not limited to grants, loans and scholarships.

SUMMARY OF PROVISIONS:

Section 1 entitles the bill the "New York State Dream Act".

Section 2 of the bill amends Education Law § 661(3) to eliminate the requirement that an applicant for an award be a U.S. citizen, LPR, or a refugee.

Section 2 creates and defines the term "Qualified Students" which establishes the eligibility requirements for applicants for loans and awards at the undergraduate and graduate level of study. The term Qualified Students includes people who are already eligible for awards under the current law, which are people with lawful status. Qualified Students also expands the eligibility requirements to people without lawful immigration status as long as they fulfill the other requirements outlined by the statute. The section uses the term "lawfully present in the United States" because it is used in 8 U.S.C. § 1623 and has an existing definition in Federal law.

Section 2 also includes a "transition provision" which permits a subset of individuals who would not otherwise be eligible for awards and loans based on their date of graduation from high school or the date that they obtained a New York state G.E.D., to take advantage of state awards and loans. The purpose of the "transition provision" is to permit undocumented students, who were relying on the Federal Dream Act for educational opportunities, to benefit from the New York Dream Act.

Section 3 of the bill repeals Education Law § 661(4)(b-l)(i), which establishes a citizenship requirement for the tuition assistance program.

Section 4 of the bill repeals Education Law § 661(5)(a), which establishes residency requirements for awards and loans for undergraduates under the current law. We repealed this section because we already established all eligibility requirements for awards and loans for undergraduates under Education Law § 661(3) by amending Education Law § 661(3) in Section 2 of the Dream Act.

Section 4 of the bill repeals Education Law §661(5)(b), which establishes residency requirements for awards and loans for graduates under the current law. We repealed this section because we already established all eligibility requirements for awards and loans for

graduates under Education Law § 661(3) by amending Education Law §661(3) in Section 2 of the Dream Act.

Section 5 of the bill amends Education law §661(5)(d) to clarify that if an applicant for tuition assistance does not have a New York State residence, the applicant shall be deemed to reside in the geographic area of the institution of higher education in which he or she attends for purposes of an award allocated on a geographic basis.

Section 6 of the bill amends Education Law § 661(5)(e) to state that any member, or the spouse or dependent of a member, of the armed forces of the United States on full-time active duty and stationed in this state is eligible for awards and loans, regardless of whether or not they are a "Qualified Student."

Section 7 of the bill would add a new Education Law §355(2)(h)(10) to provide that qualified students at SUNY may have the payment of tuition and other fees and charges reduced by loans and awards.

Section 8 of the bill adds a new Education Law §6206(7)(d) to provide that Qualified Students at CUNY may have the payment of tuition and other fees and charges reduced by loans and awards.

Section 9 of the bill adds a new Education Law § 6305(8-a) to provide that qualified students at community colleges may have the payment of tuition and other fees and charges reduced by loans and awards.

Sections 10 and 11 of the bill amend Education Law § 6451(3)(6) and 6452(4)(a)(v) to allow undocumented students who participate in the higher education programs to receive supplemental financial assistance provided that the student meets the requirements in Education Law § 661 (3) (a) (ii) or (b) (ii).

Section 12 of the bill amends Education Law §6455(2)(a) to allow an an undergraduate applicant for the college science and technology entry program who is not a resident of the state to be eligible for an award at the undergraduate level of study provided that he or she is a "Qualified Student" as amended by Section 2 of this bill.

Section 13 of the bill amends Education Law §6455(3)(a) to provide that Qualified Students at the graduate level of study may have the payment of tuition and other fees and charges reduced by loans and awards.

Sections 14 of the bill amends Education Law § 695-e(2)(a)(i) and (a)(iii) to allow individuals with a taxpayer identification number (ITIN) to open a family tuition account and/or be a designated beneficiary under the New York State College Tuition Savings Program, unless the account was in effect prior to the effective date of this chapter does not allow for an ITIN, in which case an ITIN shall be allowed upon expiration of the contract.

Section 15 is the effective date.

JUSTIFICATION: As a state with one of the largest immigrant populations, NY should be

at the forefront of progressive immigration policies, pushing back on the tide of national and local anti-immigrant policies. The NY Dream Act will respect the dignity and contributions of undocumented youth in the state by giving them access to state financial aid programs.

This bill is about access to education, but it is also about providing a pathway to economic prosperity for both the individual receiving the education and for the state. Increasing the education level of workers also increases their productivity, and the more highly educated the state's labor force, the more attractive the state is as a place to locate businesses.

There are currently an estimated 475,000 undocumented immigrants in the New York State labor force. Having large numbers of undocumented workers should not be considered a permanent situation: federal reform is urgently needed to fix immigration policy. But gridlock at the federal level should not prevent New York State from investing in its own economy.

The National Skills Coalition reports that New York is facing a shortage of workers who have the required skill level for most job openings. New York would benefit greatly from undocumented students receiving access to a college education. In fact, NSC also estimates that 391; of all future job openings will require at least an associate's degree.

Furthermore, it is universally accepted that those who pay taxes should benefit from those taxes, whether those benefits be public safety or access to higher education.

According to the Institute for Taxation and Economic Policy, undocumented immigrants paid over $662 million in taxes to New York State in 2010, making it the state with the fourth highest revenue in taxes from undocumented immigrants. They paid approximately; $104.4 million in personal income taxes, $95 million in property taxes, and over $463 million in sales taxes. It is unjust, unfair and unAmerican to collect well over a half a billion dollars in tax revenue from undocumented immigrants only to deny them financial support that is granted to other New Yorkers.

Despite an unprecedented year of action and escalation taken by undocumented youth, the United States Congress failed to pass the DREAM Act in 2010. This has left undocumented youth in NY without any form or relief. It is now up to the State of NY to provide dignity and recognition for these promising and deserving young people.

LEGISLATIVE HISTORY: 03/22/11 REFERRED TO FINANCE 11/30/11 AMEND AND RECOMMIT TO FINANCE 11/30/11 PRINT NUMBER 4179A 12/06/11 AMEND AND RECOMMIT TO FINANCE 12/06/11 PRINT NUMBER 4179B 01/04/12 REFERRED TO FINANCE 02/24/12 NOTICE OF COMMITTEE CONSIDERATION - REQUESTED 03/12/12 COMMITTEE DISCHARGED AND COMMITTED TO RULES

FISCAL IMPLICATIONS: As per the analysis of the Fiscal Policy Institute as well as the

State Education Department, it is estimated that this legislation will only cost an additional 1% or 2% of current TAP funding.

EFFECTIVE DATE: This act shall take effect on July 1, 2014.


Text

STATE OF NEW YORK ________________________________________________________________________ 1257--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. PERKINS, STAVISKY, ADAMS, AVELLA, BRESLIN, DIAZ, DILAN, ESPAILLAT, GIANARIS, GIPSON, HASSELL-THOMPSON, KRUEGER, MONT- GOMERY, PARKER, PERALTA, RIVERA, SAMPSON, SERRANO, SQUADRON, STEWART- COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to the New York State dream act; and to repeal certain provisions of such law relating ther- eto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "New York state dream act". S 2. Subdivision 3 of section 661 of the education law is REPEALED and a new subdivision 3 is added to read as follows: 3. QUALIFICATIONS. A. QUALIFIED STUDENT FOR AN AWARD AT THE UNDERGRAD- UATE LEVEL OF STUDY. A QUALIFIED STUDENT FOR AN AWARD AT THE UNDERGRADU- ATE LEVEL OF STUDY SHALL MEAN: (I) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO HAS BEEN A RESIDENT OF THE STATE FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE BEGINNING OF THE SEMESTER, QUARTER OR TERM OF ATTENDANCE FOR WHICH APPLICATION FOR ASSISTANCE IS MADE; OR (II) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO IS A RESIDENT OF THE STATE AND WAS A RESIDENT OF THE STATE DURING HIS OR HER LAST TWO SEMESTERS OF HIGH SCHOOL EITHER PRIOR TO GRADUATION, OR PRIOR TO ADMIS- SION TO COLLEGE; OR (III) AN INDIVIDUAL WHO:
(1) ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND- ANCE AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITH- IN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALEN- CY DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE, AND APPLIED FOR ATTENDANCE AT AN INSTITU- TION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITHIN FIVE YEARS OF RECEIVING A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE; OR (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER. IN ADDITION TO CLAUSES ONE, TWO, AND THREE OF THIS SUBPARAGRAPH, IF THE INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES AS USED IN 8 U.S.C. S 1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE OF THIR- TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS. B. QUALIFIED STUDENT FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY. A QUALIFIED STUDENT FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY SHALL MEAN: (I) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO HAS BEEN A RESIDENT OF THE STATE FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THE BEGINNING OF THE SEMESTER, QUARTER OR TERM OF ATTENDANCE FOR WHICH APPLICATION FOR ASSISTANCE IS MADE; OR (II) AN INDIVIDUAL, OTHER THAN ONE DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES AS USED IN 8 U.S.C. S 1623, WHO IS A RESIDENT OF THE STATE AND WAS A RESIDENT OF THE STATE DURING HIS OR HER LAST TWO SEMESTERS OF HIGH SCHOOL EITHER PRIOR TO GRADUATION, OR PRIOR TO ADMIS- SION TO COLLEGE; OR (III) AN INDIVIDUAL WHO: (1) ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM AN APPROVED NEW YORK STATE HIGH SCHOOL, AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIV- ING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR (2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA- TION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR (3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI- SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI- VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER. IN ADDITION TO CLAUSES ONE, TWO, AND THREE OF THIS SUBPARAGRAPH, IF THE INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES AS USED IN 8 U.S.C. S 1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE OF THIR- TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS.
C. NOTWITHSTANDING SUBPARAGRAPH (III) OF PARAGRAPH A OF THIS SUBDIVI- SION, AN INDIVIDUAL SHALL BE DEEMED A QUALIFIED STUDENT FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY FOR A PERIOD OF FIVE YEARS IMMEDIATELY FOLLOWING THE IMPLEMENTATION OF THE NEW YORK STATE DREAM ACT PROVIDED THAT THE INDIVIDUAL: (I) ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND- ANCE OR IS ENROLLED AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY; OR (II) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIV- ALENCY DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE, AND APPLIED FOR ATTENDANCE OR IS ENROLLED AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY. IN ADDITION TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH, IF THE INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES AS USED IN 8 U.S.C. S 1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE OF THIR- TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS. D. NOTWITHSTANDING SUBPARAGRAPH (III) OF PARAGRAPH B OF THIS SUBDIVI- SION, AN INDIVIDUAL SHALL BE DEEMED A QUALIFIED STUDENT FOR AN AWARD AT THE GRADUATE LEVEL OF STUDY FOR A PERIOD OF TEN YEARS IMMEDIATELY FOLLOWING THE IMPLEMENTATION OF THE NEW YORK STATE DREAM ACT PROVIDED THAT THE INDIVIDUAL: (I) ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS, GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL, AND APPLIED FOR ATTEND- ANCE OR IS ENROLLED AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY; OR (II) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIV- ALENCY DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE, AND APPLIED FOR ATTENDANCE OR IS ENROLLED AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY; IN ADDITION TO SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH, IF THE INDIVIDUAL IS DEEMED TO BE NOT LAWFULLY PRESENT IN THE UNITED STATES AS USED IN 8 U.S.C. S 1623, THEN SUCH INDIVIDUAL MUST HAVE ENTERED THE UNITED STATES BEFORE THE AGE OF EIGHTEEN AND BE UNDER THE AGE OF THIR- TY-FIVE AT THE TIME OF APPLICATION FOR LOANS AND AWARDS. S 3. Subparagraph (i) of paragraph b-1 of subdivision 4 of section 661 of the education law is REPEALED. S 4. Paragraphs a and b of subdivision 5 of section 661 of the educa- tion law are REPEALED. S 5. Paragraph d of subdivision 5 of section 661 of the education law, as amended by chapter 844 of the laws of 1975, is amended to read as follows: d. If an applicant for an award allocated on a geographic basis has more than one residence in this state, his OR HER residence for the purpose of this article shall be his OR HER place of actual residence during the major part of the year while attending school, as determined by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO PARAGRAPH A, B, C OR D OF SUBDIVISION THREE OF THIS SECTION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS. S 6. Paragraph e of subdivision 5 of section 661 of the education law, as added by chapter 630 of the laws of 2005, is amended to read as follows:
e. Notwithstanding any other provision of this article to the contra- ry, the New York state [residency] eligibility [requirement] REQUIRE- MENTS for receipt of awards SET FORTH IN PARAGRAPH A, B, C OR D OF SUBDIVISION THREE OF THIS SECTION is waived for a member, or the spouse or dependent of a member, of the armed forces of the United States on full-time active duty and stationed in this state. S 7. Paragraph h of subdivision 2 of section 355 of the education law is amended by adding a new subparagraph 10 to read as follows: (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A RESIDENT OF NEW YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C OR D OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, MAY HAVE THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER. S 8. Subdivision 7 of section 6206 of the education law is amended by adding a new paragraph (d) to read as follows: (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A RESIDENT OF NEW YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C OR D OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, MAY HAVE THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER. S 9. Section 6305 of the education law is amended by adding a new subdivision 8-a to read as follows: 8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A RESIDENT OF NEW YORK STATE BUT IS A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C OR D OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAP- TER, MAY BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OR ANY OTHER ARTICLE OF THIS CHAP- TER. S 10. Paragraph d of subdivision 3 of section 6451 of the education law, as amended by chapter 149 of the laws of 1972, is amended to read as follows: d. Any necessary supplemental financial assistance, which may include the cost of books and necessary maintenance for such enrolled students, INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT IS A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C OR D OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER; provided, however, that such supplemental financial assistance shall be furnished pursuant to criteria promulgated by the commissioner with the approval of the director of the budget. S 11. Subparagraph (v) of paragraph a of subdivision 4 of section 6452 of the education law, as added by chapter 917 of the laws of 1970, is amended to read as follows: (v) Any necessary supplemental financial assistance, which may include the cost of books and necessary maintenance for such students, INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT IS A "QUALIFIED STUDENT" AS DEFINED IN PARAGRAPH A, B, C OR D OF SUBDIVI- SION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER; provided, however, that such supplemental financial assistance shall be furnished pursuant to criteria promulgated by such universities and approved by the regents and the director of the budget.
S 12. Paragraph (a) of subdivision 2 of section 6455 of the education law, as added by chapter 285 of the laws of 1986, is amended to read as follows: (a) Undergraduate science and technology entry program moneys may be used for tutoring, counseling, remedial and special summer courses, supplemental financial assistance, program administration, and other activities which the commissioner may deem appropriate. To be eligible for undergraduate collegiate science and technology entry program support, a student must be [a resident of New York who is] A "QUALIFIED STUDENT" PURSUANT TO PARAGRAPH A OR PARAGRAPH C OF SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER AND MUST BE either econom- ically disadvantaged or from a minority group historically underrepre- sented in the scientific, technical, health and health-related professions, and [who demonstrates] MUST DEMONSTRATE interest in and a potential for a professional career if provided special services. Eligi- ble students must be in good academic standing, enrolled full time in an approved, undergraduate level program of study, as defined by the regents. S 13. Paragraph (a) of subdivision 3 of section 6455 of the education law, as added by chapter 285 of the laws of 1986, is amended to read as follows: (a) Graduate science and technology entry program moneys may be used for recruitment, academic enrichment, career planning, supplemental financial assistance, review for licensing examinations, program admin- istration, and other activities which the commissioner may deem appro- priate. To be eligible for graduate collegiate science and technology entry program support, a student must be [a resident of New York who is] A "QUALIFIED STUDENT" PURSUANT TO PARAGRAPH B OR PARAGRAPH D OF SUBDIVI- SION THREE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER AND MUST BE either economically disadvantaged or from a minority group historically underrepresented in the scientific, technical and health-related professions AND MUST DEMONSTRATE AN INTEREST IN AND A POTENTIAL FOR A PROFESSIONAL CAREER IF PROVIDED SPECIAL SERVICES. Eligible students must be in good academic standing, enrolled full time in an approved graduate level program, as defined by the regents. S 14. Subparagraphs (i) and (iii) of paragraph a of subdivision 2 of section 695-e of the education law, as amended by chapter 593 of the laws of 2003, are amended to read as follows: (i) the name, address and social security number [or], employer iden- tification number OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE NEW YORK STATE DREAM ACT DOES NOT ALLOW FOR A TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICA- TION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; (iii) the name, address, and social security number, EMPLOYER IDEN- TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the designated beneficiary, UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and S 15. This act shall take effect July 1, 2014.

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