NY State Senate Bill 2013-S1747

Senate Bill S1747

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to higher education
Jan 09, 2013	referred to higher education

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2013-S1747 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§355, 6206 & 6305, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8237
2011-2012: S3007
2015-2016: S3702
2017-2018: S1350

2013-S1747 (ACTIVE) - Summary

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.

2013-S1747 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1747

TITLE OF BILL:  An act to amend the education law, in relation to schol-
arship 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 with-
out 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 with-
out 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 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 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.

(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 eligi-
ble 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 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 equivalen-
cy 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 immi-
gration 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 subdivi-
sion 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 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 equivalen-
cy 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 eligi-
ble 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.

2013-S1747 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1747

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04986-01-3

S. 1747                             2

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

S. 1747                             3

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.

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Senate Bill S1747

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Sponsored By

Adriano Espaillat

Archive: Last Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

Brad Hoylman-Sigal

Liz Krueger

Bill Perkins

Gustavo Rivera

2013-S1747 (ACTIVE) - Details

2013-S1747 (ACTIVE) - Summary

2013-S1747 (ACTIVE) - Sponsor Memo

2013-S1747 (ACTIVE) - Bill Text download pdf

Comments