BILL NUMBER:S1565

TITLE OF BILL:
An act
to amend the education law, in relation to reporting requirements of
foreign students in the United States

PURPOSE:
This bill will require degree granting institutions in New York State
who accept foreign students to report to the State Police whenever
a foreign student has failed to maintain his or her legitimate
status as a foreign student at that institution. Currently foreign
students that are no longer attending school, or have failed to
appear or failed to register for classes are in violation of their
student visa. Current law requires that the institution report this
information to the U.S. Department of Homeland Security. Although
this becomes known to the United States Department of Homeland
Security, the college is not required to make a proactive report to New
York State enforcement authorities.

The bill also requires a compilation of statistical data regarding the
number of foreign students at each college in New York State and
the programs they are enrolled in. Amendments to the bill make
clear that the police may only contact the federal authorities should
they encounter reported individuals. In addition, it makes clear
that only statistical data should be collected, not names, addresses
              

or other information linked in any way to an individual.

SUMMARY OF PROVISIONS:
The State Education Law is amended to add a new section 207-b. This
section would require that the designated school officials who oversee
the foreign student program at every institution authorized by
the New York State Legislature or the Regents of the State of New
York, that has been approved by the United States Government to
accept foreign students, report to the state police whenever a foreign
student fails to report to the school at an expected time or fails
to register or attend classes as expected.

Section 2 of the bill lists the statistical information that each
approved school must maintain for all foreign students attending with
a student visa. Section 3 requires that such statistical
information be maintained in electronic form and be submitted to the
State
Education Department (SED). Section 4 requires that SED produce a
report that compiles the statistical information submitted. Section
5 requires the Department to monitor compliance with all the laws,
rules and regulations governing foreign students and authorizes
them to recommend to the Department of Homeland Security that any
school not in compliance be denied eligibility to
receive foreign students. They are also authorized to fine
non-compliant schools up to $1,000, 52,000 in the case of a second

violation, for each occurrence. Amendments to the bill clarify that should
the state police encounter someone that has been reported that they
only contact the proper federal authorities. It also makes clear
that any data collected not include names, addresses or any other
personal information.

JUSTIFICATION:
New York State's colleges and universities have a long and proud
tradition of international cooperation and collaboration. We accept
thousands of students from countries around the world, providing them
with a superior education in every conceivable subject. However,
the events of September 11th have made it clear that there are some
who, willingly, may attempt to abuse our system of openness and
inclusion for their own destructive purposes. This legislation
requires only that our institutions of higher education act prudently
while administering their international student programs.

Foreign students who apply and are accepted here in the United States
are issued a limited student visa. One essential premise of the
visa is that the student remain actively enrolled in a program of
study. When and if the student does not maintain their prescribed
status, they are immediately in violation of their visa and are
required to return to their native country.

This legislation requires that when a foreign student is reported to
the Department of Homeland Security for non-compliance under federal
law, that the campus notify the State Police as well. Further,
the legislation requires that all campuses provide statistical data
regarding the number of foreign students in their school and the
programs they are enrolled in.

LEGISLATIVE HISTORY:
2011-12 S.3388; 2009-10 S.2523; 2007-2008, S.2602; 2005-2006, S.838-A;
2003-2004, S.345-A; 2001-2002, S.604-3-B.

FISCAL IMPLICATIONS:
None - All of the information required to be collected is already
being collected as required by federal law. The cost of filing the
information in electronic form is minimal. The cost of reporting those
very few students who have failed to comply with student visa
rules and regulations is minimal.

EFFECTIVE DATE:
This act shall take effect on the first of August next succeeding the
date on which it shall have become a law.