S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4023

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M. of A. CAMARA, J. RIVERA, MAISEL, GOTTFRIED, ROBINSON,
  COLTON, PEOPLES-STOKES, COOK, CASTRO, BARRON -- Multi-Sponsored by  --
  M.  of  A. 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
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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01723-01-1
              

A. 4023                             2

  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  is  authorized  and  directed to be made and completed on or
before such effective date.