Bill Text: NY A09605 | 2017-2018 | General Assembly | Amended
Bill Title: Enacts the New York state DREAM Act by creating the New York DREAM fund commission and amends eligibility requirements and conditions governing certain awards.
Spectrum: Partisan Bill (Democrat 80-0)
Status: (Engrossed - Dead) 2018-02-05 - REFERRED TO HIGHER EDUCATION [A09605 Detail]
Download: New_York-2017-A09605-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9605--A IN ASSEMBLY January 25, 2018 ___________ Introduced by M. of A. DE LA ROSA, HEASTIE, GLICK, CRESPO, MORELLE, RODRIGUEZ, ORTIZ, AUBRY, GOTTFRIED, RAMOS, O'DONNELL, LAVINE, QUART, THIELE, BENEDETTO, L. ROSENTHAL, M. G. MILLER, DenDEKKER, ABINANTI, PAULIN, PERRY, JAFFEE, CAHILL, MOSLEY, KIM, WEPRIN, RIVERA, ROZIC, DINOWITZ, SEPULVEDA, SKARTADOS, ZEBROWSKI, COLTON, DAVILA, FAHY, ARROYO, OTIS, BARRON, BICHOTTE, BLAKE, BRINDISI, DILAN, JEAN-PIERRE, JOYNER, PICHARDO, SEAWRIGHT, SIMON, TITUS, WALKER, WEINSTEIN, MAYER, HYNDMAN, NIOU, CARROLL, DICKENS, D'URSO, BARNWELL, VANEL, HARRIS, TAYLOR -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, CYMBROWITZ, ENGLEBRIGHT, GALEF, HEVESI, HOOPER, JENNE, LENTOL, LIFTON, NOLAN, PEOPLES-STOKES, PRETLOW, SIMOTAS, SOLAGES, STECK, TITONE -- read once and referred to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to creating the New York DREAM fund commission; eligibility requirements and conditions govern- ing general awards, academic performance awards and student loans; eligibility requirements for assistance under the higher education opportunity programs and the collegiate science and technology entry program; financial aid opportunities for students of the state univer- sity of New York, the city university of New York and community colleges; and the program requirements for the New York state college choice tuition savings program; and to repeal subdivision 3 of section 661 of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 state DREAM act". 3 § 2. The education law is amended by adding a new section 609-a to 4 read as follows: 5 § 609-a. New York DREAM fund commission. 1. (a) There shall be 6 created a New York DREAM fund commission which shall be committed to 7 advancing the educational opportunities of the children of immigrants. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00057-08-8A. 9605--A 2 1 (b) The New York DREAM fund commission shall be composed of twelve 2 members to be appointed as follows: 3 (i) Four members shall be appointed by the governor; 4 (ii) Three members shall be appointed by the temporary president of 5 the senate; 6 (iii) Three members shall be appointed by the speaker of the assembly; 7 (iv) One member shall be appointed by the minority leader of the 8 senate; 9 (v) One member shall be appointed by the minority leader of the assem- 10 bly; 11 (c) To the extent practicable, members of such commission shall 12 reflect the racial, ethnic, gender, language, and geographic diversity 13 of the state. 14 (d) To the extent practicable, members of such commission shall 15 include college and university administrators and faculty, and other 16 individuals committed to advancing the educational opportunities of the 17 children of immigrants. 18 (e) Members of the New York DREAM fund commission shall receive no 19 compensation for their services. 20 2. (a) The New York DREAM fund commission shall have the power to: 21 (i) Administer the provisions of this section; 22 (ii) Create and raise funds for the New York DREAM fund; 23 (iii) Establish a not-for-profit entity charged with the responsibil- 24 ity of raising funds for the administration of this section and any 25 educational or training programs such commission is tasked with adminis- 26 trating and funding scholarships to students who are children of immi- 27 grants to the United States; 28 (iv) Publicize the availability of such scholarships from the New York 29 DREAM fund; 30 (v) Develop criteria and a selection process for the recipients of 31 scholarships from the New York DREAM fund; 32 (vi) Research issues pertaining to the availability of assistance with 33 the costs of higher education for the children of immigrants and other 34 issues regarding access for and the performance of the children of immi- 35 grants within higher education; 36 (vii) Establish, publicize, and administer training programs for high 37 school counselors, admissions officers, and financial aid officers of 38 institutions of higher education. The training programs shall instruct 39 participants on the educational opportunities available to college-bound 40 students who are the children of immigrants, including, but not limited 41 to, in-state tuition and scholarship programs. To the extent practica- 42 ble, the New York DREAM fund commission shall offer the training program 43 to school districts and boards of cooperative educational services 44 throughout the state, provided however, that priority shall be given to 45 school districts and boards of cooperative educational services with 46 larger number of students who are the children of immigrants over school 47 districts and boards of cooperative educational services with lesser 48 number of students who are the children of immigrants; 49 (viii) Establish a public awareness campaign regarding educational 50 opportunities available to college bound students who are the children 51 of immigrants; and 52 (ix) Establish, by rule, procedures for accepting and evaluating 53 applications for scholarships from the children of immigrants and issu- 54 ing scholarships to selected student applicants; 55 (b) To receive a scholarship pursuant to this section, a student 56 applicant must meet the following qualifications:A. 9605--A 3 1 (i) Have resided with his or her parents or guardians while attending 2 a public or private high school in this state; 3 (ii) Have graduated from a public or private high school or received 4 the equivalent of a high school diploma in this state; 5 (iii) Have attended a public or private high school in this state for 6 at least two years as of the date he or she graduated from high school 7 or received the equivalent of a high school diploma; 8 (iv) Have at least one parent or guardian who immigrated to the United 9 States. 10 (c) The New York DREAM fund commission and the New York DREAM fund 11 shall be funded entirely by private contributions and no state funds 12 shall be appropriated to or used by the New York DREAM fund. No funds 13 of the New York DREAM fund or the New York DREAM fund commission shall 14 be transferred to the general fund or any special revenue fund or shall 15 be used for any purpose other than the purposes set forth in this 16 section. 17 3. The New York DREAM fund commission and the New York DREAM fund 18 shall be subject to the provisions of articles six and seven and section 19 seventy-four of the public officers law. 20 § 3. Subdivision 3 of section 661 of the education law is REPEALED. 21 § 4. Paragraph a of subdivision 5 of section 661 of the education law, 22 as amended by chapter 466 of the laws of 1977, is amended to read as 23 follows: 24 a. (i) Except as provided in subdivision two of section six hundred 25 seventy-four of this part and subparagraph (ii) of this paragraph, an 26 applicant for an award at the undergraduate level of study must either 27 [(i)] (a) have been a legal resident of the state for at least one year 28 immediately preceding the beginning of the semester, quarter or term of 29 attendance for which application for assistance is made, or [(ii)] (b) 30 be a legal resident of the state and have been a legal resident during 31 his last two semesters of high school either prior to graduation, or 32 prior to admission to college. Provided further that persons shall be 33 eligible to receive awards under section six hundred sixty-eight or 34 section six hundred sixty-nine of this part who are currently legal 35 residents of the state and are otherwise qualified. 36 (ii) An applicant who is not a legal resident of the state eligible 37 pursuant to subparagraph (i) of this paragraph, but is a United States 38 citizen, a permanent lawful resident, a lawful non-immigrant alien or an 39 applicant without lawful immigration status shall be eligible for an 40 award at the undergraduate level of study provided that the student: 41 (a) attended a registered New York state high school for two or more 42 years, graduated from a registered New York state high school and 43 applied for attendance at the institution of higher education for the 44 undergraduate study for which an award is sought within five years of 45 receiving a New York state high school diploma; or 46 (b) attended an approved New York state program for a state high 47 school equivalency diploma, received a state high school equivalency 48 diploma and applied for attendance at the institution of higher educa- 49 tion for the undergraduate study for which an award is sought within 50 five years of receiving a state high school equivalency diploma; or 51 (c) is otherwise eligible for the payment of tuition and fees at a 52 rate no greater than that imposed for resident students of the state 53 university of New York, the city university of New York or community 54 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 55 sion two of section three hundred fifty-five or paragraph (a) of subdi- 56 vision seven of section sixty-two hundred six of this chapter.A. 9605--A 4 1 Provided, further, that a student without lawful immigration status 2 shall also be required to file an affidavit with such institution of 3 higher education stating that the student has filed an application to 4 legalize his or her immigration status, or will file such an application 5 as soon as he or she is eligible to do so. 6 § 5. Paragraph b of subdivision 5 of section 661 of the education law, 7 as amended by chapter 466 of the laws of 1977, is amended to read as 8 follows: 9 b. [An] (i) Except as otherwise provided in subparagraph (ii) of this 10 paragraph, an applicant for an award at the graduate level of study must 11 either [(i)] (a) have been a legal resident of the state for at least 12 one year immediately preceding the beginning of the semester, quarter or 13 term of attendance for which application for assistance is made, or 14 [(ii)] (b) be a legal resident of the state and have been a legal resi- 15 dent during his last academic year of undergraduate study and have 16 continued to be a legal resident until matriculation in the graduate 17 program. 18 (ii) An applicant who is not a legal resident of the state eligible 19 pursuant to subparagraph (i) of this paragraph, but is a United States 20 citizen, a permanent lawful resident, a lawful non-immigrant alien or an 21 applicant without lawful immigration status shall be eligible for an 22 award at the graduate level of study provided that the student: 23 (a) attended a registered approved New York state high school for two 24 or more years, graduated from a registered New York state high school 25 and applied for attendance at the institution of higher education for 26 the graduate study for which an award is sought within ten years of 27 receiving a New York state high school diploma; or 28 (b) attended an approved New York state program for a state high 29 school equivalency diploma, received a state high school equivalency 30 diploma and applied for attendance at the institution of higher educa- 31 tion for the graduate study for which an award is sought within ten 32 years of receiving a state high school equivalency diploma; or 33 (c) is otherwise eligible for the payment of tuition and fees at a 34 rate no greater than that imposed for resident students of the state 35 university of New York, the city university of New York or community 36 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 37 sion two of section three hundred fifty-five or paragraph (a) of subdi- 38 vision seven of section sixty-two hundred six of this chapter. 39 Provided, further, that a student without lawful immigration status 40 shall also be required to file an affidavit with such institution of 41 higher education stating that the student has filed an application to 42 legalize his or her immigration status, or will file such an application 43 as soon as he or she is eligible to do so. 44 § 6. Paragraph d of subdivision 5 of section 661 of the education law, 45 as amended by chapter 844 of the laws of 1975, is amended to read as 46 follows: 47 d. If an applicant for an award allocated on a geographic basis has 48 more than one residence in this state, his or her residence for the 49 purpose of this article shall be his or her place of actual residence 50 during the major part of the year while attending school, as determined 51 by the commissioner; and further provided that an applicant who does not 52 have a residence in this state and is eligible for an award pursuant to 53 subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of 54 this subdivision shall be deemed to reside in the geographic area of the 55 institution of higher education in which he or she attends for purposes 56 of an award allocated on a geographic basis.A. 9605--A 5 1 § 7. Paragraph e of subdivision 5 of section 661 of the education law, 2 as added by chapter 630 of the laws of 2005, is amended to read as 3 follows: 4 e. Notwithstanding any other provision of this article to the contra- 5 ry, the New York state [residency] eligibility [requirement] require- 6 ments for receipt of awards [is] set forth in paragraphs a and b of this 7 subdivision are waived for a member, or the spouse or dependent of a 8 member, of the armed forces of the United States on full-time active 9 duty and stationed in this state. 10 § 8. Paragraph h of subdivision 2 of section 355 of the education law 11 is amended by adding a new subparagraph 10 to read as follows: 12 (10) Such regulations shall further provide that any student who is 13 not a legal resident of New York state but is a United States citizen, a 14 permanent lawful resident, a lawful non-immigrant alien or an applicant 15 without lawful immigration status may have the payment of tuition and 16 other fees and charges reduced by state-aided programs, scholarships or 17 other financial assistance awarded under the provisions of articles 18 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided 19 that the student meets the requirements set forth in subparagraph (ii) 20 of paragraph a or subparagraph (ii) of paragraph b of subdivision five 21 of section six hundred sixty-one of this chapter, as applicable. 22 § 9. Subdivision 7 of section 6206 of the education law is amended by 23 adding a new paragraph (d) to read as follows: 24 (d) The trustees shall further provide that any student who is not a 25 legal resident of New York state but is a United States citizen, a 26 permanent lawful resident, a lawful non-immigrant alien or an applicant 27 without lawful immigration status may have the payment of tuition and 28 other fees and charges reduced by state-aided programs, scholarships or 29 other financial assistance awarded under the provisions of articles 30 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided 31 that the student meets the requirements set forth in subparagraph (ii) 32 of paragraph a or subparagraph (ii) of paragraph b of subdivision five 33 of section six hundred sixty-one of this chapter, as applicable. 34 § 10. Section 6305 of the education law is amended by adding a new 35 subdivision 8-a to read as follows: 36 8-a. The payment of tuition and other fees and charges of a student 37 who is attending a community college and who is not a legal resident of 38 New York state but is a United States citizen, a permanent lawful resi- 39 dent, a lawful non-immigrant alien or an applicant without lawful immi- 40 gration status may be reduced by state-aided programs, scholarships and 41 other financial assistance awarded under the provisions of articles 42 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided 43 that the student meets the requirements set forth in subparagraph (ii) 44 of paragraph a or subparagraph (ii) of paragraph b of subdivision five 45 of section six hundred sixty-one of this chapter, as applicable. 46 § 11. Paragraph d of subdivision 3 of section 6451 of the education 47 law, as amended by chapter 494 of the laws of 2016, is amended to read 48 as follows: 49 d. Any necessary supplemental financial assistance, which may include 50 the cost of books and necessary maintenance for such enrolled students, 51 including students without lawful immigration status provided that the 52 student meets the requirements set forth in subparagraph (ii) of para- 53 graph a or subparagraph (ii) of paragraph b of subdivision five of 54 section six hundred sixty-one of this chapter, as applicable; provided, 55 however, that such supplemental financial assistance shall be furnishedA. 9605--A 6 1 pursuant to criteria promulgated by the commissioner with the approval 2 of the director of the budget; 3 § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452 4 of the education law, as added by chapter 917 of the laws of 1970, is 5 amended to read as follows: 6 (v) Any necessary supplemental financial assistance, which may include 7 the cost of books and necessary maintenance for such students, including 8 students without lawful immigration status provided that the student 9 meets the requirements set forth in subparagraph (ii) of paragraph a or 10 subparagraph (ii) of paragraph b of subdivision five of section six 11 hundred sixty-one of this chapter, as applicable; provided, however, 12 that such supplemental financial assistance shall be furnished pursuant 13 to criteria promulgated by such universities and approved by the regents 14 and the director of the budget. 15 § 13. Paragraph (a) of subdivision 2 of section 6455 of the education 16 law, as added by chapter 285 of the laws of 1986, is amended to read as 17 follows: 18 (a) (i) Undergraduate science and technology entry program moneys may 19 be used for tutoring, counseling, remedial and special summer courses, 20 supplemental financial assistance, program administration, and other 21 activities which the commissioner may deem appropriate. To be eligible 22 for undergraduate collegiate science and technology entry program 23 support, a student must be a resident of New York [who is], or meet the 24 requirements of subparagraph (ii) of this paragraph, and must be either 25 economically disadvantaged or from a minority group historically under 26 represented in the scientific, technical, health and health-related 27 professions, and [who demonstrates] must demonstrate interest in and a 28 potential for a professional career if provided special services. Eligi- 29 ble students must be in good academic standing, enrolled full time in an 30 approved, undergraduate level program of study, as defined by the 31 regents. 32 (ii) An applicant who is not a legal resident of New York state, but 33 who is a United States citizen, a permanent lawful resident, a lawful 34 non-immigrant alien or an applicant without lawful immigration status, 35 shall be eligible for an award at the undergraduate level of study 36 provided that the student: 37 (1) attended a registered New York state high school for two or more 38 years, graduated from a registered New York state high school and 39 applied for attendance at the institution of higher education for the 40 undergraduate study for which an award is sought within five years of 41 receiving a New York state high school diploma; or 42 (2) attended an approved New York state program for a state high 43 school equivalency diploma, received a state high school equivalency 44 diploma and applied for attendance at the institution of higher educa- 45 tion for the undergraduate study for which an award is sought within 46 five years of receiving a state high school equivalency diploma; or 47 (3) is otherwise eligible for the payment of tuition and fees at a 48 rate no greater than that imposed for resident students of the state 49 university of New York, the city university of New York or community 50 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 51 sion two of section three hundred fifty-five or paragraph (a) of subdi- 52 vision seven of section sixty-two hundred six of this chapter. 53 Provided, further, that a student without lawful immigration status 54 shall also be required to file an affidavit with such institution of 55 higher education stating that the student has filed an application toA. 9605--A 7 1 legalize his or her immigration status, or will file such an application 2 as soon as he or she is eligible to do so. 3 § 14. Paragraph (a) of subdivision 3 of section 6455 of the education 4 law, as added by chapter 285 of the laws of 1986, is amended to read as 5 follows: 6 (a) (i) Graduate science and technology entry program moneys may be 7 used for recruitment, academic enrichment, career planning, supplemental 8 financial assistance, review for licensing examinations, program admin- 9 istration, and other activities which the commissioner may deem appro- 10 priate. To be eligible for graduate collegiate science and technology 11 entry program support, a student must be a resident of New York [who12is], or meet the requirements of subparagraph (ii) of this paragraph, 13 and must be either economically disadvantaged or from a minority group 14 historically underrepresented in the scientific, technical and health- 15 related professions. Eligible students must be in good academic stand- 16 ing, enrolled full time in an approved graduate level program, as 17 defined by the regents. 18 (ii) An applicant who is not a legal resident of New York state, but 19 either is a United States citizen, a permanent lawful resident, a lawful 20 non-immigrant alien or an applicant without lawful immigration status 21 shall be eligible for an award at the graduate level of study provided 22 that the student: 23 (1) attended a registered approved New York state high school for two 24 or more years, graduated from a registered New York state high school 25 and applied for attendance at the institution of higher education for 26 the graduate study for which an award is sought within ten years of 27 receiving a New York state high school diploma; or 28 (2) attended an approved New York state program for a state high 29 school equivalency diploma, received a state high school equivalency 30 diploma and applied for attendance at the institution of higher educa- 31 tion for the graduate study for which an award is sought within ten 32 years of receiving a state high school equivalency diploma; or 33 (3) is otherwise eligible for the payment of tuition and fees at a 34 rate no greater than that imposed for resident students of the state 35 university of New York, the city university of New York or community 36 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 37 sion two of section three hundred fifty-five or paragraph (a) of subdi- 38 vision seven of section sixty-two hundred six of this chapter. 39 Provided, further, that a student without lawful immigration status 40 shall also be required to file an affidavit with such institution of 41 higher education stating that the student has filed an application to 42 legalize his or her immigration status, or will file such an application 43 as soon as he or she is eligible to do so. 44 § 15. Subparagraph (i) of paragraph a of subdivision 2 of section 45 695-e of the education law, as amended by chapter 593 of the laws of 46 2003, is amended to read as follows: 47 (i) the name, address and social security number [or], employer iden- 48 tification number, or individual taxpayer identification number of the 49 account owner unless a family tuition account that was in effect prior 50 to the effective date of the chapter of the laws of two thousand eigh- 51 teen that amended this subparagraph does not allow for a taxpayer iden- 52 tification number, in which case a taxpayer identification number shall 53 be allowed upon the expiration of the contract; 54 § 16. Subparagraph (iii) of paragraph a of subdivision 2 of section 55 695-e of the education law, as amended by chapter 593 of the laws of 56 2003, is amended to read as follows:A. 9605--A 8 1 (iii) the name, address, and social security number, employer iden- 2 tification number, or individual taxpayer identification number of the 3 designated beneficiary, unless a family tuition account that was in 4 effect prior to the effective date of the chapter of the laws of two 5 thousand eighteen that amended this subparagraph does not allow for a 6 taxpayer identification number, in which case a taxpayer identification 7 number shall be allowed upon the expiration of the contract; and 8 § 17. The president of the higher education services corporation, in 9 consultation with the commissioner of education, shall establish an 10 application form and procedures that shall allow a student applicant 11 that meets the requirements set forth in subparagraph (ii) of paragraph 12 (a) or subparagraph (ii) of paragraph b of subdivision 5 of section 661 13 of the education law to apply directly to the higher education services 14 corporation or education department for applicable awards without having 15 to submit information to any other state or federal agency. All informa- 16 tion contained within the applications filed with such corporation or 17 department shall be deemed confidential. 18 § 18. This act shall take effect immediately; provided, however, that: 19 (a) section two of this act shall take effect January 1, 2019; 20 (b) sections fifteen and sixteen of this act shall take effect on the 21 ninetieth day after it shall have become a law; provided, however, that 22 any rule or regulation necessary for the timely implementation of this 23 act on its effective date shall be promulgated on or before such effec- 24 tive date; and 25 (c) sections three through fourteen and section seventeen of this act 26 shall take effect on the ninetieth day after the issuance of regulations 27 and the development of an application form by the president of the high- 28 er education services corporation and commissioner of education or on 29 the ninetieth day after it shall have become a law, whichever shall be 30 later; provided, further, however that effective immediately the addi- 31 tion, amendment and/or repeal of any rule or regulation necessary for 32 the implementation of this act on its effective date are authorized and 33 directed to be made and completed on or before such date; provided, 34 further, however, that the president of the higher education services 35 corporation and the commissioner of education shall notify the legisla- 36 tive bill drafting commission upon the occurrence of the issuance of the 37 regulations and the development of an application form in order that the 38 commission may maintain an accurate and timely effective data base of 39 the official text of the laws of the state of New York in furtherance of 40 effectuating the provisions of section 44 of the legislative law and 41 section 70-b of the public officers law.
