Bill Text: NY S02237 | 2025-2026 | General Assembly | Introduced
Bill Title: Enacts the "fair college admissions act"; prohibits legacy admissions policies at colleges and universities in New York; declares such policies and practices to be discriminatory and inequitable.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced) 2025-01-16 - REFERRED TO HIGHER EDUCATION [S02237 Detail]
Download: New_York-2025-S02237-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2237 2025-2026 Regular Sessions IN SENATE January 16, 2025 ___________ Introduced by Sens. GOUNARDES, CLEARE, COMRIE, FERNANDEZ, HOYLMAN-SIGAL, JACKSON, MAY, MYRIE, RAMOS, SALAZAR, SANDERS, SEPULVEDA, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to prohibiting legacy admission policies at higher education institutions in this state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "fair college admissions act". 3 § 2. Legislative intent. a. The legislature hereby finds that there 4 are significant income gains associated with postsecondary education 5 degree attainment, with New York state residents with a bachelor's 6 degree three times less likely to live in poverty than those with a high 7 school diploma. 8 b. The legislature further finds that students who attend and graduate 9 from a highly selective higher education institution in the state of New 10 York are much more likely to earn salaries in the top income quintile 11 than those who graduate from less selective institutions, furthering 12 economic and social inequality. 13 c. The legislature further finds that within most highly selective 14 higher education institutions in New York state, degree completion rates 15 for students from low-income and working class family backgrounds are 16 comparable to students from upper-income family backgrounds. 17 d. The legislature further finds that many four-year higher education 18 institutions in New York state consider whether a prospective student is 19 related to alumni as part of the admissions process. 20 e. The legislature further finds that providing preferential treatment 21 to students related to alumni of a higher education institution is 22 discriminatory in nature and disproportionately hurts students who come 23 from working class and low-income families, have parents who did not EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00059-02-5S. 2237 2 1 earn a bachelor's degree, are undocumented, are immigrants, and are 2 members of historically underrepresented minority groups formerly denied 3 entry into specific higher education institutions either as a matter of 4 institution policy or the effect of historic underlying law and govern- 5 ment practices. 6 f. The legislature further finds that inequitable, unfair admissions 7 policies and practices such as legacy consideration are a significant 8 factor behind disparities in college enrollment among students from 9 historically underserved racial and economic subgroups compared to their 10 more advantaged peers at selective higher education institutions. 11 g. The legislature hereby declares that a prohibition on legacy admis- 12 sion policies at degree-granting colleges and universities in the state 13 shall further the goals of educational, economic, and social equity, 14 helping to diversify highly selective institutions while closing 15 achievement gaps between historically advantaged and disadvantaged 16 groups, and shall commit to achieving the same with the following 17 provisions of this act. 18 § 3. The education law is amended by adding a new section 239-c to 19 read as follows: 20 § 239-c. Prohibition on legacy admission policies. 1. Definitions. As 21 used in this section, the following terms shall have the following mean- 22 ings: 23 (a) "Consider alumni/ae relation as a factor in admissions" shall 24 refer to when an admissions application asks applicants to indicate 25 where their relatives attended college and that such information is 26 included among the documents that the higher education institution uses 27 to consider an applicant for admission. 28 (b) "Higher education institution" shall mean the state university of 29 New York, as defined in subdivision one of section three hundred fifty- 30 two of this chapter, the city university of New York, as established in 31 section sixty-two hundred three of this chapter, or any institution 32 given the power to confer degrees in this state by the board of regents 33 as provided in section two hundred eighteen of this article. 34 2. Prohibition. No higher education institution in this state shall 35 consider alumni/ae relation as a factor in admissions. A higher educa- 36 tion institution shall be in compliance with this section if it reason- 37 ably and in good faith redacts, suppresses, or otherwise removes such 38 information on alumni/ae relation from the documents that the higher 39 education institution uses to consider an applicant for admission. 40 3. Penalty. If after providing notice and an opportunity for a hearing 41 the department determines that a higher education institution has 42 engaged in a knowing pattern or practice of violating this section, then 43 such institution may be liable for a civil penalty not to exceed fifty 44 thousand dollars. 45 § 4. This act shall take effect on the first of July next succeeding 46 the date on which it shall have become a law. Effective immediately the 47 addition, amendment, and/or repeal of any rule or regulation necessary 48 for the implementation of this act on its effective date are authorized 49 to be made and completed on or before such effective date.
