S T A T E O F N E W Y O R K
________________________________________________________________________
7842
I N S E N A T E
August 20, 2012
___________
Introduced by Sen. PERKINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to the eligibility for
student financial aid of individuals granted deferred action for
childhood arrival status and of certain non-residents of the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 661 of the education law, as
amended by chapter 133 of the laws of 1982, is amended to read as
follows:
3. Citizenship. An applicant (a) must be a citizen of the United
States, or (b) must be an alien lawfully admitted for permanent resi-
dence in the United States, or (c) must be an individual of a class of
refugees paroled by the attorney general of the United States under his
OR HER parole authority pertaining to the admission of aliens to the
United States, OR (D) MUST BE AN INDIVIDUAL GRANTED DEFERRED ACTION FOR
CHILDHOOD ARRIVAL STATUS PURSUANT TO RULES AND REGULATIONS SET FORTH BY
THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES.
S 2. Paragraphs a and b of subdivision 5 of section 661 of the educa-
tion law, as amended by chapter 466 of the laws of 1977, are amended to
read as follows:
a. (I) Except as provided in subdivision two of section six hundred
seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
applicant for an award at the undergraduate level of study must either
[(i)] (A) have been a legal resident of the state for at least one year
immediately preceding the beginning of the semester, quarter or term of
attendance for which application for assistance is made, or [(ii)] (B)
be a legal resident of the state and have been a legal resident during
his OR HER last two semesters of high school either prior to graduation,
or prior to admission to college. Provided further that persons shall be
eligible to receive awards under section six hundred sixty-eight or
section six hundred sixty-nine OF THIS PART who are currently legal
residents of the state and are otherwise qualified.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16443-01-2
S. 7842 2
(II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT
TO RULES AND REGULATIONS SET FORTH BY THE UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE
LEVEL OF STUDY PROVIDED THAT THE STUDENT:
(A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL AND
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
(B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
(C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, AN applicant for an award at the graduate level of study must
either [(i)] (A) have been a legal resident of the state for at least
one year immediately preceding the beginning of the semester, quarter or
term of attendance for which application for assistance is made, or
[(ii)] (B) be a legal resident of the state and have been a legal resi-
dent during his OR HER last academic year of undergraduate study and
have continued to be a legal resident until matriculation in the gradu-
ate program.
(II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT
TO RULES AND REGULATIONS SET FORTH BY THE UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE
LEVEL OF STUDY PROVIDED THAT THE STUDENT:
(A) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
(B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
(C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
S. 7842 3
S 3. Paragraph d of subdivision 5 of section 661 of the education law,
as amended by chapter 844 of the laws of 1975, is amended to read as
follows:
d. If an applicant for an award allocated on a geographic basis has
more than one residence in this state, his OR HER residence for the
purpose of this article shall be his OR HER place of actual residence
during the major part of the year while attending school, as determined
by the commissioner; AND FURTHER, PROVIDED, THAT AN APPLICANT WHO DOES
NOT HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT
TO SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B
OF THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF
THE INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR
PURPOSES OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
S 4. Paragraph e of subdivision 5 of section 661 of the education law,
as added by chapter 630 of the laws of 2005, is amended to read as
follows:
e. Notwithstanding any other provision of this article to the contra-
ry, the New York state [residency] eligibility [requirement] REQUIRE-
MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION ARE waived for a member, or the spouse or dependent of a
member, of the armed forces of the United States on full-time active
duty and stationed in this state.
S 5. Paragraph h of subdivision 2 of section 355 of the education law
is amended by adding a new subparagraph 10 to read as follows:
(10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS
NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN INDIVIDUAL
GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT TO RULES
AND REGULATIONS SET FORTH BY THE UNITED STATES CITIZENSHIP AND IMMI-
GRATION SERVICES MAY HAVE THE PAYMENT OF TUITION AND OTHER FEES AND
CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL
ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN, THIR-
TEEN-A, FOURTEEN AND FOURTEEN-A OF THIS TITLE, PROVIDED THAT THE STUDENT
MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX
HUNDRED SIXTY-ONE OF THIS TITLE, AS APPLICABLE.
S 6. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (d) to read as follows:
(D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A
LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN INDIVIDUAL
GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT TO RULES
AND REGULATIONS SET FORTH BY THE UNITED STATES CITIZENSHIP AND IMMI-
GRATION SERVICES MAY HAVE THE PAYMENT OF TUITION AND OTHER FEES AND
CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR OTHER FINANCIAL
ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN, THIR-
TEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED THAT THE
STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
GRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF
SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
S 7. Section 6305 of the education law is amended by adding a new
subdivision 8-a to read as follows:
8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT OF
NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
DENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN INDIVIDUAL GRANTED DEFERRED
S. 7842 4
ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT TO RULES AND REGULATIONS
SET FORTH BY THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES MAY
BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS AND OTHER FINANCIAL
ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES THIRTEEN, THIR-
TEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED THAT THE
STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
GRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF
SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
S 8. Paragraph d of subdivision 3 of section 6451 of the education
law, as amended by chapter 149 of the laws of 1972, is amended to read
as follows:
d. Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such enrolled students,
INCLUDING STUDENTS GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS
PURSUANT TO RULES AND REGULATIONS SET FORTH BY THE UNITED STATES CITI-
ZENSHIP AND IMMIGRATION SERVICES PROVIDED THAT THE STUDENT MEETS THE
REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARA-
GRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED
SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however, that such
supplemental financial assistance shall be furnished pursuant to crite-
ria promulgated by the commissioner with the approval of the director of
the budget.
S 9. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of the education law, as added by chapter 917 of the laws of 1970, is
amended to read as follows:
(v) Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such students, INCLUDING
STUDENTS GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVAL STATUS PURSUANT
TO RULES AND REGULATIONS SET FORTH BY THE UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES PROVIDED THAT THE STUDENT MEETS THE REQUIREMENTS
SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF
PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS
CHAPTER, AS APPLICABLE; provided, however, that such supplemental finan-
cial assistance shall be furnished pursuant to criteria promulgated by
such universities and approved by the regents and the director of the
budget.
S 10. Paragraph (a) of subdivision 2 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read as
follows:
(a) (I) Undergraduate science and technology entry program moneys may
be used for tutoring, counseling, remedial and special summer courses,
supplemental financial assistance, program administration, and other
activities which the commissioner may deem appropriate. To be eligible
for undergraduate collegiate science and technology entry program
support, a student must be a resident of New York [who is], OR MEET THE
REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
economically disadvantaged or from a minority group historically under-
represented in the scientific, technical, health and health-related
professions, and [who demonstrates] MUST DEMONSTRATE interest in and a
potential for a professional career if provided special services. Eligi-
ble students must be in good academic standing, enrolled full time in an
approved, undergraduate level program of study, as defined by the
regents.
(II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN OR AN INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILD-
S. 7842 5
HOOD ARRIVAL STATUS PURSUANT TO RULES AND REGULATIONS SET FORTH BY THE
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, SHALL BE ELIGIBLE
FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE
STUDENT:
(1) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL AND
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
(2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,
ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS,
GRADUATED FROM AN APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
(3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
S 11. Paragraph (a) of subdivision 3 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read as
follows:
(a) (I) Graduate science and technology entry program moneys may be
used for recruitment, academic enrichment, career planning, supplemental
financial assistance, review for licensing examinations, program admin-
istration, and other activities which the commissioner may deem appro-
priate. To be eligible for graduate collegiate science and technology
entry program support, a student must be a resident of New York [who
is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
AND MUST BE either economically disadvantaged or from a minority group
historically underrepresented in the scientific, technical and health-
related professions. Eligible students must be in good academic stand-
ing, enrolled full time in an approved graduate level program, as
defined by the regents.
(II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN OR AN INDIVIDUAL GRANTED DEFERRED ACTION FOR CHILD-
HOOD ARRIVAL STATUS PURSUANT TO RULES AND REGULATIONS SET FORTH BY THE
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES SHALL BE ELIGIBLE FOR
AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
(1) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
(2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
S. 7842 6
(3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
S 12. The commissioner of education, in consultation with the presi-
dent of the higher education services corporation, shall establish an
application form and procedure that shall allow a student applicant
under paragraph d of subdivision 3 of section 661 of the education law,
as added by section one of this act, to apply directly to the higher
education services corporation or education department for applicable
awards without having to submit information to any other state or feder-
al agency. All information contained within the applications filed with
such corporation or department shall be deemed confidential.
S 13. This act shall take effect on the ninetieth day after the issu-
ance of regulations on the deferred action for childhood arrivals
program by the United States Citizenship and Immigration Services, or on
the ninetieth day after it shall have become a law, whichever shall be
later, 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 effective date is authorized and
directed to be made and completed on or before such effective date;
provided that the commissioner of education shall notify the legislative
bill drafting commission upon the occurrence of the issuance of the
regulations on the deferred action for childhood arrivals program by the
United States Citizenship and Immigration Services in order that the
commission may maintain an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law.