S T A T E O F N E W Y O R K
________________________________________________________________________
9850
I N A S S E M B L Y
February 14, 2018
___________
Introduced by M. of A. CRESPO, SEPULVEDA, DE LA ROSA, RODRIGUEZ, PICHAR-
DO, ARROYO, DILAN, DAVILA, RIVERA -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to removing the require-
ment that student without a lawful immigration status must file an
affidavit committing to obtaining a lawful immigration status
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 8 of paragraph h of subdivision 2 of section
355 of the education law, as added by chapter 327 of the laws of 2002,
is amended to read as follows:
(8) Such regulations shall further provide that the payment of tuition
and fees by any student who is not a resident of New York state, other
than a non-immigrant alien within the meaning of paragraph (15) of
subsection (a) of section 1101 of title 8 of the United States Code,
shall be paid at a rate or charge no greater than that imposed for
students who are residents of the state if such student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school and applied for attend-
ance at an institution or educational unit of the state university with-
in five years of receiving a New York state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state and applied for attendance at an institu-
tion or educational unit of the state university within five years of
receiving a general equivalency diploma issued within New York state; or
(iii) was enrolled in an institution or educational unit of the state
university in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized by such institution or
educational unit to pay tuition at the rate or charge imposed for
students who are residents of the state.
[A student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit stating that
the student has filed an application to legalize his or her immigration
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13893-01-7
A. 9850 2
status, or will file such an application as soon as he or she is eligi-
ble to do so.]
§ 2. Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by chapter 327 of the laws of 2002 and the opening para-
graph as amended by section 4 of chapter 437 of the laws of 2015, is
amended to read as follows:
(a) The board of trustees shall establish positions, departments,
divisions and faculties; appoint and in accordance with the provisions
of law fix salaries of instructional and non-instructional employees
therein; establish and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition shall be charged
and to regulate tuition charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units of
the city university. The trustees shall review any proposed community
college tuition increase and the justification for such increase. The
justification provided by the community college for such increase shall
include a detailed analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon need or income. All students
enrolled in programs leading to like degrees at the senior colleges
shall be charged a uniform rate of tuition, except for differential
tuition rates based on state residency. Notwithstanding any other
provision of this paragraph, the trustees may authorize the setting of a
separate category of tuition rate, that shall be greater than the
tuition rate for resident students and less than the tuition rate for
non-resident students, only for students enrolled in distance learning
courses who are not residents of the state. The trustees shall further
provide that the payment of tuition and fees by any student who is not a
resident of New York state, other than a non-immigrant alien within the
meaning of paragraph (15) of subsection (a) of section 1101 of title 8
of the United States Code, shall be paid at a rate or charge no greater
than that imposed for students who are residents of the state if such
student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school and applied for attend-
ance at an institution or educational unit of the city university within
five years of receiving a New York state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state and applied for attendance at an institu-
tion or educational unit of the city university within five years of
receiving a general equivalency diploma issued within New York state; or
(iii) was enrolled in an institution or educational unit of the city
university in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized by such institution or
educational unit to pay tuition at the rate or charge imposed for
students who are residents of the state.
[A student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit stating that
the student has filed an application to legalize his or her immigration
status, or will file such an application as soon as he or she is eligi-
ble to do so.] The trustees shall not adopt changes in tuition charges
prior to the enactment of the annual budget. The board of trustees may
accept as partial reimbursement for the education of veterans of the
armed forces of the United States who are otherwise qualified such sums
A. 9850 3
as may be authorized by federal legislation to be paid for such educa-
tion. The board of trustees may conduct on a fee basis extension courses
and courses for adult education appropriate to the field of higher
education. In all courses and courses of study it may, in its
discretion, require students to pay library, laboratory, locker, break-
age and other instructional and non-instructional fees and meet the cost
of books and consumable supplies. In addition to the foregoing fees and
charges, the board of trustees may impose and collect fees and charges
for student government and other student activities and receive and
expend them as agent or trustee.
§ 3. Subdivision 5 of section 6301 of the education law, as amended by
chapter 327 of the laws of 2002, is amended to read as follows:
5. "Resident." A person who has resided in the state for a period of
at least one year and in the county, city, town, intermediate school
district, school district or community college region, as the case may
be, for a period of at least six months, both immediately preceding the
date of such person's registration in a community college or, for the
purposes of section sixty-three hundred five of this article, his or her
application for a certificate of residence; provided, however, that this
term shall include any student who is not a resident of New York state,
other than a non-immigrant alien within the meaning of paragraph (15) of
subsection (a) of section 1101 of title 8 of the United States Code, if
such student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school and applied for attend-
ance at an institution or educational unit of the state university with-
in five years of receiving a New York state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
issued within New York state and applied for attendance at an institu-
tion or educational unit of the state university within five years of
receiving a general equivalency diploma issued within New York state; or
(iii) was enrolled in an institution or educational unit of the state
university in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized by such institution or
educational unit to pay tuition at the rate or charge imposed for
students who are residents of the state.
[Provided, further, that a student without lawful immigration status
shall also be required to file an affidavit with such institution or
educational unit stating that the student has filed an application to
legalize his or her immigration status, or will file such an application
as soon as he or she is eligible to do so.]
In the event that a person qualified as above for state residence, but
has been a resident of two or more counties in the state during the six
months immediately preceding his application for a certificate of resi-
dence pursuant to section sixty-three hundred five of this [chapter]
ARTICLE, the charges to the counties of residence shall be allocated
among the several counties proportional to the number of months, or
major fraction thereof, of residence in each county.
§ 4. This act shall take effect immediately; provided, however, the
amendments made by section two of this act shall take effect on the same
date as the reversion of paragraph (a) of subdivision 7 of section 6206
of the education law as provided in section 16 of chapter 260 of the
laws of 2011, as amended.