Bill Text: NY A05234 | 2009-2010 | General Assembly | Amended


Bill Title: 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 2010-2011 academic year.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2010-06-17 - print number 5234a [A05234 Detail]

Download: New_York-2009-A05234-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5234--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 11, 2009
                                      ___________
       Introduced  by M. of A. ESPAILLAT, BOYLAND, PERRY, BARRON -- Multi-Spon-
         sored by -- M.  of A. CAHILL, CANESTRARI, COLTON, FARRELL,  GOTTFRIED,
         V. LOPEZ,  N. RIVERA,  ROSENTHAL  --  read  once  and  referred to the
         Committee on Higher Education -- recommitted to the Committee on High-
         er Education in accordance with Assembly Rule 3, sec. 2  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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:
    1    Section 1. Paragraph h of subdivision 2 of section 355 of  the  educa-
    2  tion law is amended by adding a new subparagraph 10 to read as follows:
    3    (10)  SUCH  REGULATIONS  SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS
    4  WITHOUT LAWFUL IMMIGRATION STATUS OR IS AN UNDOCUMENTED PERSON MAY  HAVE
    5  THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES REDUCED BY STATE-AIDED
    6  PROGRAMS,  SCHOLARSHIPS  OR OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE
    7  PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A  OF
    8  THIS CHAPTER, IF SUCH STUDENT:
    9    (I) IS OTHERWISE ELIGIBLE TO RECEIVE SUCH AWARD; AND
   10    (II)  ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS,
   11  GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL AND APPLIED FOR  ATTEND-
   12  ANCE AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITH-
   13  IN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   14    (III)  ATTENDED  AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIV-
   15  ALENCY DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY  DIPLOMA
   16  ISSUED  WITHIN  NEW YORK STATE AND APPLIED FOR ATTENDANCE AT AN INSTITU-
   17  TION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITHIN  FIVE  YEARS  OF
   18  RECEIVING A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08399-03-0
       A. 5234--A                          2
    1    (IV)  WAS  ENROLLED IN AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE
    2  UNIVERSITY IN THE FALL SEMESTER OR QUARTER OF THE TWO THOUSAND  TEN--TWO
    3  THOUSAND  ELEVEN ACADEMIC YEAR AND WAS AUTHORIZED BY SUCH INSTITUTION OR
    4  EDUCATIONAL UNIT TO PAY TUITION  AT  THE  RATE  OR  CHARGE  IMPOSED  FOR
    5  STUDENTS WHO ARE RESIDENTS OF THE STATE.
    6    A  STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO
    7  FILE AN AFFIDAVIT WITH SUCH INSTITUTION OR EDUCATIONAL UNIT STATING THAT
    8  THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER  IMMIGRATION
    9  STATUS,  OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGI-
   10  BLE TO DO SO.
   11    S 2. Subdivision 7 of section 6206 of the education law is amended  by
   12  adding a new paragraph (d) to read as follows:
   13    (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS WITHOUT
   14  LAWFUL  IMMIGRATION  STATUS  OR  IS  AN UNDOCUMENTED PERSON MAY HAVE THE
   15  PAYMENT OF TUITION AND OTHER FEES AND  CHARGES  REDUCED  BY  STATE-AIDED
   16  PROGRAMS,  SCHOLARSHIPS  OR OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE
   17  PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A  OF
   18  THIS CHAPTER, IF SUCH STUDENT:
   19    (I) IS OTHERWISE ELIGIBLE TO RECEIVE SUCH AWARD; AND
   20    (II)  ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE YEARS,
   21  GRADUATED FROM AN APPROVED NEW YORK HIGH SCHOOL AND APPLIED FOR  ATTEND-
   22  ANCE AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITH-
   23  IN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   24    (III)  ATTENDED  AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIV-
   25  ALENCY DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY  DIPLOMA
   26  ISSUED  WITHIN  NEW YORK STATE AND APPLIED FOR ATTENDANCE AT AN INSTITU-
   27  TION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITHIN  FIVE  YEARS  OF
   28  RECEIVING A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE; OR
   29    (IV)  WAS  ENROLLED IN AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE
   30  UNIVERSITY IN THE FALL SEMESTER OR QUARTER OF THE TWO THOUSAND  TEN--TWO
   31  THOUSAND  ELEVEN ACADEMIC YEAR AND WAS AUTHORIZED BY SUCH INSTITUTION OR
   32  EDUCATIONAL UNIT TO PAY TUITION  AT  THE  RATE  OR  CHARGE  IMPOSED  FOR
   33  STUDENTS WHO ARE RESIDENTS OF THE STATE.
   34    A  STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO
   35  FILE AN AFFIDAVIT WITH SUCH INSTITUTION OR EDUCATIONAL UNIT STATING THAT
   36  THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER  IMMIGRATION
   37  STATUS,  OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGI-
   38  BLE TO DO SO.
   39    S 3. Section 6305 of the education law is  amended  by  adding  a  new
   40  subdivision 8-a to read as follows:
   41    8-A.  THE  PAYMENT  OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
   42  WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO  IS  WITHOUT  LAWFUL  IMMI-
   43  GRATION STATUS OR IS AN UNDOCUMENTED PERSON MAY BE REDUCED BY STATE-AID-
   44  ED  PROGRAMS,  SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AWARDED UNDER
   45  THE PROVISIONS OF ARTICLES THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A
   46  OF THIS CHAPTER, IF SUCH STUDENT:
   47    (I) IS OTHERWISE ELIGIBLE TO RECEIVE SUCH AWARD; AND
   48    (II) ATTENDED AN APPROVED NEW YORK HIGH SCHOOL FOR TWO OR MORE  YEARS,
   49  GRADUATED  FROM AN APPROVED NEW YORK HIGH SCHOOL AND APPLIED FOR ATTEND-
   50  ANCE AT AN INSTITUTION OR EDUCATIONAL UNIT OF THE STATE UNIVERSITY WITH-
   51  IN FIVE YEARS OF RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
   52    (III) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR  GENERAL  EQUIV-
   53  ALENCY  DIPLOMA EXAM PREPARATION, RECEIVED A GENERAL EQUIVALENCY DIPLOMA
   54  ISSUED WITHIN NEW YORK STATE AND APPLIED FOR ATTENDANCE AT  AN  INSTITU-
   55  TION  OR  EDUCATIONAL  UNIT OF THE STATE UNIVERSITY WITHIN FIVE YEARS OF
   56  RECEIVING A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN NEW YORK STATE; OR
       A. 5234--A                          3
    1    (IV) WAS ENROLLED IN AN INSTITUTION OR EDUCATIONAL UNIT OF  THE  STATE
    2  UNIVERSITY  IN THE FALL SEMESTER OR QUARTER OF THE TWO THOUSAND TEN--TWO
    3  THOUSAND ELEVEN ACADEMIC YEAR AND WAS AUTHORIZED BY SUCH INSTITUTION  OR
    4  EDUCATIONAL  UNIT  TO  PAY  TUITION  AT  THE  RATE OR CHARGE IMPOSED FOR
    5  STUDENTS WHO ARE RESIDENTS OF THE STATE.
    6    A  STUDENT WITHOUT LAWFUL IMMIGRATION STATUS SHALL ALSO BE REQUIRED TO
    7  FILE AN AFFIDAVIT WITH SUCH INSTITUTION OR EDUCATIONAL UNIT STATING THAT
    8  THE STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER  IMMIGRATION
    9  STATUS,  OR WILL FILE SUCH AN APPLICATION AS SOON AS HE OR SHE IS ELIGI-
   10  BLE TO DO SO.
   11    S 4. This act shall take effect July 1, 2011.
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