Bill S1747-2013

Provides state-aided scholarship opportunities for SUNY, CUNY or community college students who are without lawful immigration status or who are undocumented

Authorizes the trustees of the state university of New York, the city university of New York and community colleges to provide state-aided programs, scholarships or other financial assistance to students who are without lawful immigration status or who are undocumented persons if such student attended an approved NY high school for two or more years, attended an approved NY state program for general equivalency diploma exam preparation, or was enrolled in an institution or educational unit of the state university during the 2013-2014 academic year.

Details

Actions

  • Jan 8, 2014: REFERRED TO HIGHER EDUCATION
  • Jan 9, 2013: REFERRED TO HIGHER EDUCATION

Memo

BILL NUMBER:S1747

TITLE OF BILL: An act to amend the education law, in relation to scholarship opportunities for certain students of the state university of New York, the city university of New York and community colleges

PURPOSE OR GENERAL IDEA OF BILL: Provides state-aided scholarship opportunities for SUNY, CUNY or community college students who axe without lawful immigration status or who are undocumented.

SUMMARY OF SPECIFIC PROVISION:

Section 1. Paragraph h of subdivision 2 of section 359 of the education law is amended by adding a new subparagraph 9 to read as follows:

(9) Such regulations shall further provide that any student who is without lawful immigration status or is an undocumented person 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 article thirteen, thirteen-A, fourteen and fourteen-A of this chapter, if such student:

(i) is otherwise eligible to receive such award; and

(ii) attended an approved New York high school for two or more years, graduated from an approved New York high school and applied for attendance at an institution or educational unit of the state university within five years of receiving a New York State high school diploma; or

(iii) attended an approved New York State program for general equivalency diploma exam preparation, received a general equivalency diploma issued within New York state and applied for attendance at an institution or educational unit of the state university within five years of receiving a general equivalency diploma issued within New York state; or.

(iv) was enrolled in an institution or educational unit of the state university in the fall semester or quarter of the two thousand ten-two thousand eleven academic year and was authorized by such institution or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state.

A student without lawful immigration status shall also be required to file an affidavit with such institution or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so.

2. 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 without lawful immigration status or is an undocumented person may have the payment of tuition and other fees and charges reduced by state-aided Programs, if such student:

(i) is otherwise eligible to receive such award; and

(ii) attended an approved New York high school for two or more years, graduated from an approved New York high school and applied for attendance at an institution or educational unit of the state university within five years of receiving a New York state high school diploma; or

(iii) attended an approved New York state program for general equivalency diploma exam preparation, received a general equivalency diploma issued within New York state; or

(iv) was enrolled in an institution or educational unit of the state university in the fall semester or quarter of the two thousand ten-two thousand eleven academic year and was authorized by such institution or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state.

A student without lawful immigration status shall also be required to tile an affidavit with such institutions or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so.

3. 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 without lawful immigration status or is an undocumented person may be reduced by state-,aided programs, scholarships and other financial assistance awarded under the provisions of article thirteen, thirteen-A, fourteen and fourteen-A of this chapter, if such student:

(i) is otherwise eligible to receive such award; and

(ii) attended an approved New York high school for two or more years, graduated from an approved New York high school and applied for attendance at an institution or educational unit of the state university within five years of receiving a New York state high school diploma; or

(iii) attended an approved New York State program for general equivalency diploma exam preparation, received a general equivalency diploma issued within New York and applied for attendance at an institution or educational unit of the state university within five years of receiving a general equivalency diploma issued within New York state; or

(iv) was enrolled in an institution or educational unit of the state university in the fall semester or quarter of the two thousand ten-two thousand eleven academic year and was authorized by such institution or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state.

A student without lawful immigration status shall also be required to file an affidavit with such institution or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so.

JUSTIFICATION: New York State is currently home to more than one and one-half million undocumented persons. These individuals contribute to the cultural diversity of our State and help to stimulate our economy. As a state of immigrants, New York State has a special obligation to assist those who, like our ancestors, have come to our country to seek a better way of life. undocumented persons are especially vulnerable to exploitation and suffering from substandard education, housing, and health care.

PRIOR LEGISLATIVE HISTORY: 2005/06: A.6408 2007/08: A.4653 Referred to Higher Education

FISCAL IMPLICATIONS: None.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 1747 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. ESPAILLAT, PERKINS -- read twice and ordered print- ed, and when printed to be committed to the Committee on Higher Educa- tion AN ACT to amend the education law, in relation to scholarship opportu- nities for certain students of the state university of New York, the city university of New York and community colleges THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph h of subdivision 2 of section 355 of the educa- tion law is amended by adding a new subparagraph 10 to read as follows: (10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS WITHOUT LAWFUL IMMIGRATION STATUS OR IS AN UNDOCUMENTED PERSON 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, IF SUCH STUDENT: (I) IS OTHERWISE ELIGIBLE TO RECEIVE SUCH AWARD; AND (II) 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 (III) 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 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 (IV) WAS ENROLLED IN AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY IN THE FALL SEMESTER OR QUARTER OF THE TWO THOUSAND THIR- TEEN--TWO THOUSAND FOURTEEN ACADEMIC YEAR AND WAS AUTHORIZED BY SUCH
INSTITUTION OR EDUCATIONAL UNIT TO PAY TUITION AT THE RATE OR CHARGE IMPOSED FOR STUDENTS WHO ARE RESIDENTS OF THE STATE. A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OR EDUCATIONAL UNIT STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGI- BLE TO DO SO. S 2. 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 WITHOUT LAWFUL IMMIGRATION STATUS OR IS AN UNDOCUMENTED PERSON 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, IF SUCH STUDENT: (I) IS OTHERWISE ELIGIBLE TO RECEIVE SUCH AWARD; AND (II) 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 (III) 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 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 (IV) WAS ENROLLED IN AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY IN THE FALL SEMESTER OR QUARTER OF THE TWO THOUSAND THIR- TEEN--TWO THOUSAND FOURTEEN ACADEMIC YEAR AND WAS AUTHORIZED BY SUCH INSTITUTION OR EDUCATIONAL UNIT TO PAY TUITION AT THE RATE OR CHARGE IMPOSED FOR STUDENTS WHO ARE RESIDENTS OF THE STATE. A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OR EDUCATIONAL UNIT STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGI- BLE TO DO SO. S 3. 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 WITHOUT LAWFUL IMMI- GRATION STATUS OR IS AN UNDOCUMENTED PERSON MAY BE REDUCED BY STATE-AID- ED PROGRAMS, SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, IF SUCH STUDENT: (I) IS OTHERWISE ELIGIBLE TO RECEIVE SUCH AWARD; AND (II) 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 (III) 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 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 (IV) WAS ENROLLED IN AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY IN THE FALL SEMESTER OR QUARTER OF THE TWO THOUSAND THIR- TEEN--TWO THOUSAND FOURTEEN ACADEMIC YEAR AND WAS AUTHORIZED BY SUCH
INSTITUTION OR EDUCATIONAL UNIT TO PAY TUITION AT THE RATE OR CHARGE IMPOSED FOR STUDENTS WHO ARE RESIDENTS OF THE STATE. A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OR EDUCATIONAL UNIT STATING THAT THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGI- BLE TO DO SO. S 4. This act shall take effect July 1, 2014.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus