Bill Text: NY A01615 | 2009-2010 | General Assembly | Introduced

---

Bill Title: An act to amend the education law, in relation to tuition-free courses for persons with disabilities

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-06 - referred to higher education [A01615 Detail]

Download: New_York-2009-A01615-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1615
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. ZEBROWSKI, NOLAN -- read once and referred to the
         Committee on Higher Education
       AN  ACT  to amend the education law, in relation to tuition-free courses
         for persons with disabilities
         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 AND PERSONS  WITH  DISABILITIES  to  audit  courses
    7  given  therein  without tuition, examination, grading or credit therefor
    8  upon a space available basis, as determined by  the  president  of  each
    9  such  institution,  provided  that  such  audit attendance does not deny
   10  course attendance at a state-operated institution by an  individual  who
   11  is  otherwise  qualified  under  the regulations promulgated pursuant to
   12  this section. FOR THE PURPOSES OF THIS SUBPARAGRAPH, A  "PERSON  WITH  A
   13  DISABILITY"  SHALL  MEAN  A  PERSON  HAVING  A  PHYSICAL IMPAIRMENT THAT
   14  SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY.
   15    S 2. Paragraph (b) of subdivision 7 of section 6206 of  the  education
   16  law,  as added by chapter 344 of the laws of 1995, is amended to read as
   17  follows:
   18    (b) Notwithstanding the provisions of any other  general,  special  or
   19  local  law, rule or regulation, the board of trustees may permit persons
   20  sixty years of age or over AND PERSONS WITH DISABILITIES to audit cours-
   21  es given therein without tuition, examination, grading or credit  there-
   22  for upon a space available basis, as determined by the president of each
   23  such  institution,  provided  that  such  audit attendance does not deny
   24  course attendance at the city university of New York  by  an  individual
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02466-01-9
       A. 1615                             2
    1  who  is otherwise qualified under this section. FOR THE PURPOSES OF THIS
    2  PARAGRAPH, A "PERSON WITH A DISABILITY" SHALL MEAN  A  PERSON  HAVING  A
    3  PHYSICAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY.
    4    S  3.   Subdivision 5 of section 6303 of the education law, as amended
    5  by chapter 552 of the laws of 1984, is amended to read as follows:
    6    5. Notwithstanding the provisions of any  other  general,  special  or
    7  local  law,  rule  or  regulation, community colleges may permit persons
    8  sixty years of age or over AND PERSONS WITH DISABILITIES to audit cours-
    9  es given therein without tuition, examination, grading or credit  there-
   10  for  upon  a space available basis, subject to the provisions of section
   11  sixty-three hundred four of this [chapter] ARTICLE, as determined by the
   12  president of each such institution, provided that such audit  attendance
   13  does  not deny course attendance at a community college by an individual
   14  who is otherwise qualified under the regulations and the  provisions  of
   15  section  sixty-three  hundred  four  of  this [chapter] ARTICLE. FOR THE
   16  PURPOSES OF THIS SUBDIVISION A "PERSON WITH A DISABILITY" SHALL  MEAN  A
   17  PERSON  HAVING  A  PHYSICAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS A MAJOR
   18  LIFE ACTIVITY.  The provisions of this [paragraph] SUBDIVISION shall not
   19  affect any state aid to community  colleges  granted  pursuant  to  THIS
   20  article [one hundred twenty-six of this chapter].
   21    S  4. This act shall take effect on the first of January next succeed-
   22  ing the date on which it shall have become a law.