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.