S T A T E   O F   N E W   Y O R K
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    S. 1392                                                  A. 3955

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 29, 2009
                               ___________

IN  SENATE -- Introduced by Sen. PARKER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Higher Educa-
  tion

IN ASSEMBLY -- Introduced by M. of A. CAMARA, J. RIVERA,  MAISEL,  GOTT-
  FRIED,  ROBINSON,  COLTON, ESPAILLAT, PEOPLES, COOK -- Multi-Sponsored
  by -- M. of A. DIAZ, TITONE, TOWNS -- read once and  referred  to  the
  Committee on Higher Education

AN  ACT  to  amend  the  education  law, in relation to establishing the
  "Access to Postsecondary Education Act" to  provide  in-state  tuition
  rates  at  New York state universities and colleges to qualified immi-
  grant students

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "Access to Postsecondary Education Act."
  S 2. Legislative findings and purpose. The  legislature  hereby  finds
and  declares that many immigrant high school students have lived in the
state of New York most of their lives, and are likely  to  remain  resi-
dents.    These  students  are  nevertheless precluded from obtaining an
affordable college education because they do not  qualify  for  in-state
tuition  rates. Without in-state tuition, many of these students are not
able to attend college. These students have already proven their academ-
ic eligibility and merit by being accepted into the  state  college  and
university  system.  Making  it  possible  for  these students to attend
college will increase the state's college-educated workforce and  stimu-
late  economic  growth. This act does not confer postsecondary education
benefits on the basis of residence within the meaning of section 1623 of
title 8 of the United States Code.
  The legislature hereby finds that  the  purpose  of  this  act  is  to
provide  educational opportunity to children who are long-time residents

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02263-01-9
              

S. 1392                             2                            A. 3955

of the state of New York, thusly improving the overall  economic  condi-
tion of the state.
  S  3.  The  education law is amended by adding a new section 6305-a to
read as follows:
  S 6305-A. QUALIFICATIONS FOR  IN-STATE  TUITION  RATES  FOR  IMMIGRANT
STUDENTS.  1.  NOTWITHSTANDING  ANY  LAW  TO  THE CONTRARY, AN IMMIGRANT
STUDENT, OTHER THAN A NONIMMIGRANT ALIEN WITHIN THE MEANING OF PARAGRAPH
15 OF SUBSECTION (A) OF SECTION 1101 OF TITLE 8  OF  THE  UNITED  STATES
CODE, SHALL QUALIFY FOR IN-STATE TUITION RATES AT NEW YORK STATE UNIVER-
SITIES  AND COLLEGES IF SUCH STUDENT MEETS ALL OF THE FOLLOWING REQUIRE-
MENTS:
  (A) ATTENDED HIGH SCHOOL IN THE STATE OF NEW  YORK  FOR  TWO  OR  MORE
YEARS;
  (B)  GRADUATED  FROM  A  NEW  YORK  STATE  HIGH  SCHOOL OR ATTENDED AN
APPROVED NEW YORK STATE PROGRAM FOR  GENERAL  EQUIVALENCY  DIPLOMA  EXAM
PREPARATION,  AND  RECEIVED  A GENERAL EQUIVALENCY DIPLOMA ISSUED WITHIN
NEW YORK STATE;
  (C) REGISTERED AS AN ENTERING STUDENT AT, OR CURRENT ENROLLMENT IN,  A
PUBLIC INSTITUTION OF HIGHER EDUCATION IN THE STATE OF NEW YORK; AND
  (D)  IN  THE  CASE  OF  A PERSON WITHOUT LEGAL IMMIGRATION STATUS, THE
FILING OF AN AFFIDAVIT WITH THE INSTITUTION OF HIGHER EDUCATION  STATING
THAT  THE  STUDENT HAS FILED AN APPLICATION TO LEGALIZE HIS OR HER IMMI-
GRATION STATUS, OR WILL FILE AN APPLICATION AS SOON  AS  HE  OR  SHE  IS
ELIGIBLE TO DO SO.
  2.  THE  STATE  UNIVERSITY  TRUSTEES AND THE BOARD OF GOVERNORS OF THE
COMMUNITY COLLEGE SYSTEM SHALL PRESCRIBE RULES AND REGULATIONS  FOR  THE
IMPLEMENTATION OF THIS SECTION.
  3.  ANY  STUDENT  INFORMATION  OBTAINED  IN THE IMPLEMENTATION OF THIS
SECTION SHALL REMAIN CONFIDENTIAL.
  4. A COURT OF COMPETENT JURISDICTION MAY AWARD INJUNCTIVE AND DECLARA-
TORY RELIEF TO A PARTY IN ANY LAWSUIT BASED UPON THIS SECTION  OR  BASED
UPON RULES AND REGULATIONS PRESCRIBED TO IMPLEMENT THIS SECTION.
  S  4.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a  law;  provided,  however  that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.