S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6039
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT  to  amend  the education law, in relation to admission opportu-
   nities for a city university or state university of New York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new article 122 to
 read as follows:
                                 ARTICLE 122
                           ADMISSION OPPORTUNITIES
 
 SECTION 6020. DEFINITIONS.
         6021. UNIFORM ADMISSION SYSTEM.
         6022. AUTOMATIC ADMISSION; ALL INSTITUTIONS.
         6023. ADDITIONAL AUTOMATIC ADMISSIONS; SELECTED INSTITUTIONS.
         6024. OTHER ADMISSIONS.
         6025. REPORT TO BOARD OF REGENTS.
         6026. RULEMAKING.
         6027. APPLICATION OF ADMISSION CRITERIA TO OTHER PROGRAMS.
         6028. SCHOLARSHIP AND FELLOWSHIP AWARDS.
   §  6020. DEFINITIONS. 1. "CITY UNIVERSITY" SHALL MEAN THE CITY UNIVER-
 SITY OF NEW YORK, INCLUDING  EACH  SENIOR  COLLEGE  AND  EACH  COMMUNITY
 COLLEGE.
   2.  "STATE UNIVERSITY" SHALL MEAN THE STATE UNIVERSITY OF NEW YORK, AS
 CREATED BY ARTICLE EIGHT OF THIS CHAPTER.
   3. "GOVERNING BOARD" MEANS ANY BODY CHARGED WITH POLICY  DIRECTION  OF
 ANY  CITY  UNIVERSITY  OR STATE UNIVERSITY, INCLUDING BUT NOT LIMITED TO
 THE BOARD OF REGENTS, BOARDS OF DIRECTORS AND BOARDS OF TRUSTEES.
   § 6021. UNIFORM  ADMISSION  SYSTEM.  THE  CITY  UNIVERSITY  AND  STATE
 UNIVERSITY  SHALL  ADMIT  FIRST-TIME FRESHMAN STUDENTS FOR EACH SEMESTER
 UNDER THE PROVISIONS OF THIS ARTICLE.
   § 6022. AUTOMATIC ADMISSIONS; ALL INSTITUTIONS. 1. A  CITY  UNIVERSITY
 AND  STATE  UNIVERSITY  SHALL  ADMIT  AN APPLICANT FOR ADMISSION TO SUCH
 INSTITUTION AS AN UNDERGRADUATE STUDENT IF THE  APPLICANT  GRADUATED  IN
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05301-01-1

 A. 6039                             2
 
 ONE  OF  THE  TWO SCHOOL YEARS PRECEDING THE ACADEMIC YEAR FOR WHICH THE
 APPLICANT IS APPLYING FOR ADMISSION FROM A PUBLIC OR PRIVATE HIGH SCHOOL
 IN THIS STATE ACCREDITED BY A GENERALLY RECOGNIZED ACCREDITING ORGANIZA-
 TION  WITH A GRADE POINT AVERAGE IN THE TOP TEN PERCENT OF THE STUDENT'S
 HIGH SCHOOL GRADUATING  CLASS.  TO  QUALIFY  FOR  ADMISSION  UNDER  THIS
 SECTION,  AN  APPLICANT MUST SUBMIT AN APPLICATION BEFORE THE EXPIRATION
 OF ANY APPLICATION FILING DEADLINE ESTABLISHED BY THE INSTITUTION.
   2. AFTER ADMITTING AN APPLICANT UNDER THIS  SECTION,  THE  INSTITUTION
 SHALL REVIEW THE APPLICANT'S RECORD AND ANY OTHER FACTOR THE INSTITUTION
 CONSIDERS  APPROPRIATE  TO  DETERMINE  WHETHER THE APPLICANT MAY REQUIRE
 ADDITIONAL PREPARATION FOR COLLEGE-LEVEL  WORK  OR  WOULD  BENEFIT  FROM
 INCLUSION  IN A RETENTION PROGRAM. THE INSTITUTION MAY REQUIRE A STUDENT
 SO IDENTIFIED TO ENROLL DURING THE SUMMER IMMEDIATELY AFTER THE  STUDENT
 IS  ADMITTED UNDER THIS SECTION TO PARTICIPATE IN APPROPRIATE ENRICHMENT
 COURSES AND ORIENTATION PROGRAMS.  THIS  SECTION  DOES  NOT  PROHIBIT  A
 STUDENT  WHO  IS  NOT  DETERMINED  TO  NEED  ADDITIONAL  PREPARATION FOR
 COLLEGE-LEVEL WORK FROM ENROLLING, IF THE STUDENT  CHOOSES,  DURING  THE
 SUMMER IMMEDIATELY AFTER THE STUDENT IS ADMITTED UNDER THIS SECTION.
   §  6023.  ADDITIONAL AUTOMATIC ADMISSIONS; SELECTED INSTITUTIONS.  FOR
 EACH ACADEMIC YEAR, THE GOVERNING BOARD OF A CITY UNIVERSITY  AND  STATE
 UNIVERSITY  SHALL  DETERMINE WHETHER TO ADOPT AN ADMISSIONS POLICY UNDER
 WHICH AN APPLICANT TO THE INSTITUTION AS A FIRST-TIME FRESHMAN  STUDENT,
 OTHER  THAN  AN APPLICANT ELIGIBLE FOR ADMISSION UNDER SECTION SIX THOU-
 SAND TWENTY-TWO OF THIS ARTICLE, SHALL BE ADMITTED TO THE INSTITUTION IF
 THE APPLICANT GRADUATED FROM A PUBLIC OR PRIVATE  HIGH  SCHOOL  IN  THIS
 STATE ACCREDITED BY A GENERALLY RECOGNIZED ACCREDITING ORGANIZATION WITH
 A  GRADE POINT AVERAGE IN THE TOP TWENTY-FIVE PERCENT OF THE APPLICANT'S
 HIGH SCHOOL GRADUATING CLASS.
   § 6024. OTHER ADMISSIONS. 1. A GRADUATING STUDENT WHO DOES NOT QUALIFY
 FOR ADMISSION UNDER SECTIONS SIX THOUSAND  TWENTY-TWO  OR  SIX  THOUSAND
 TWENTY-THREE  OF THIS ARTICLE MAY APPLY TO ANY GENERAL ACADEMIC TEACHING
 INSTITUTION.
   2. A CITY UNIVERSITY OR STATE  UNIVERSITY,  AFTER  ADMITTING  STUDENTS
 UNDER  SECTIONS  SIX THOUSAND TWENTY-TWO OR SIX THOUSAND TWENTY-THREE OF
 THIS ARTICLE SHALL ADMIT OTHER APPLICANTS FOR ADMISSION AS UNDERGRADUATE
 STUDENTS. AS A RESULT OF CHANGING  DEMOGRAPHIC  TRENDS,  DIVERSITY,  AND
 POPULATION INCREASES IN THE STATE, THE CITY UNIVERSITY AND STATE UNIVER-
 SITY SHALL ALSO CONSIDER ALL OF, ANY OF, OR A COMBINATION OF THE FOLLOW-
 ING  SOCIOECONOMIC  INDICATORS  OR FACTORS IN MAKING FIRST-TIME FRESHMAN
 ADMISSIONS DECISIONS:
   (A) THE APPLICANT'S ACADEMIC RECORD;
   (B) THE SOCIOECONOMIC  BACKGROUND  OF  THE  APPLICANT,  INCLUDING  THE
 PERCENTAGE  BY WHICH THE APPLICANT'S FAMILY IS ABOVE OR BELOW ANY RECOG-
 NIZED MEASURE OF POVERTY, THE  APPLICANT'S  HOUSEHOLD  INCOME,  AND  THE
 APPLICANT'S PARENTS' LEVEL OF EDUCATION;
   (C)  WHETHER THE APPLICANT WOULD BE THE FIRST GENERATION OF THE APPLI-
 CANT'S FAMILY TO ATTEND OR GRADUATE FROM AN INSTITUTION OF HIGHER EDUCA-
 TION;
   (D) WHETHER THE APPLICANT HAS BILINGUAL PROFICIENCY;
   (E) THE FINANCIAL STATUS OF THE APPLICANT'S SCHOOL DISTRICT;
   (F) THE PERFORMANCE LEVEL OF THE APPLICANT'S SCHOOL;
   (G) THE APPLICANT'S RESPONSIBILITIES WHILE ATTENDING SCHOOL, INCLUDING
 WHETHER THE APPLICANT HAS  BEEN  EMPLOYED,  WHETHER  THE  APPLICANT  HAS
 HELPED TO RAISE CHILDREN, OR OTHER SIMILAR FACTORS;
   (H) THE APPLICANT'S REGION OF RESIDENCE;

 A. 6039                             3
 
   (I)  WHETHER THE APPLICANT IS A RESIDENT OF A RURAL OR URBAN AREA OR A
 RESIDENT OF A CENTRAL CITY OR SUBURBAN AREA IN THE STATE;
   (J) THE APPLICANT'S PERFORMANCE ON STANDARDIZED TESTS;
   (K)  THE  APPLICANT'S  PERFORMANCE ON STANDARDIZED TESTS IN COMPARISON
 WITH THAT OF OTHER STUDENTS FROM SIMILAR SOCIOECONOMIC BACKGROUNDS;
   (L) WHETHER THE APPLICANT ATTENDED ANY SCHOOL  WHILE  THE  SCHOOL  WAS
 UNDER A COURT-ORDERED DESEGREGATION PLAN;
   (M) THE APPLICANT'S INVOLVEMENT IN COMMUNITY ACTIVITIES;
   (N) THE APPLICANT'S EXTRACURRICULAR ACTIVITIES;
   (O) THE APPLICANT'S COMMITMENT TO A PARTICULAR FIELD OF STUDY;
   (P) THE APPLICANT'S PERSONAL INTERVIEW;
   (Q)  THE APPLICANT'S ADMISSION TO A COMPARABLE ACCREDITED OUT-OF-STATE
 INSTITUTION; AND
   (R) ANY OTHER CONSIDERATION THE  INSTITUTION  CONSIDERS  NECESSARY  TO
 ACCOMPLISH THE INSTITUTION'S STATED MISSION.
   3.  A  CITY UNIVERSITY OR STATE UNIVERSITY MAY REVIEW OTHER FACTORS IN
 MAKING AN ADMISSIONS DECISION.
   4. NOT LATER THAN ONE YEAR  BEFORE  THE  DATE  THAT  APPLICATIONS  FOR
 ADMISSION  ARE FIRST CONSIDERED UNDER THIS SECTION, EACH CITY UNIVERSITY
 AND STATE UNIVERSITY SHALL  PUBLISH  IN  EACH  INSTITUTION'S  CATALOG  A
 DESCRIPTION  OF  THE  FACTORS  CONSIDERED  BY SUCH INSTITUTION IN MAKING
 ADMISSION DECISIONS AND SHALL MAKE  THE  INFORMATION  AVAILABLE  TO  THE
 PUBLIC.
   5.  THIS  SECTION  DOES  NOT  APPLY TO AN INSTITUTION THAT HAS AN OPEN
 ENROLLMENT POLICY.
   § 6025. REPORT TO BOARD OF REGENTS. EACH  CITY  UNIVERSITY  AND  STATE
 UNIVERSITY  SHALL  PROVIDE  A  REPORT  ANNUALLY  TO THE BOARD OF REGENTS
 DESCRIBING THE COMPOSITION OF THE ENTERING CLASS  OF  STUDENTS  ADMITTED
 UNDER  THIS  ARTICLE.  THE REPORT SHALL INCLUDE A DEMOGRAPHIC BREAKDOWN,
 INCLUDING A BREAKDOWN BY RACE, ETHNICITY, AND ECONOMIC  STATUS,  OF  THE
 STUDENTS  ADMITTED  UNDER SECTIONS SIX THOUSAND TWENTY-TWO, SIX THOUSAND
 TWENTY-THREE AND SIX THOUSAND TWENTY-FOUR OF THIS ARTICLE.
   § 6026. RULEMAKING. THE BOARD OF REGENTS MAY ADOPT RULES  RELATING  TO
 THE OPERATION OF ADMISSIONS PROGRAMS UNDER THIS ARTICLE, INCLUDING RULES
 RELATING  TO  THE  IDENTIFICATION OF ELIGIBLE STUDENTS AND THE REPORTING
 REQUIREMENTS OF SECTION SIX THOUSAND TWENTY-FIVE OF THIS ARTICLE.
   § 6027. APPLICATION OF ADMISSION CRITERIA TO OTHER PROGRAMS.  1.  EACH
 CITY UNIVERSITY OR STATE UNIVERSITY THAT OFFERS ADMISSIONS TO UNDERGRAD-
 UATE  TRANSFER  STUDENTS  OR  ADMISSIONS TO A GRADUATE, POSTGRADUATE, OR
 PROFESSIONAL PROGRAM SHALL ALSO ADOPT A WRITTEN ADMISSION POLICY  APPLI-
 CABLE TO THOSE PROGRAMS.
   2. THE POLICY SHALL BE PUBLISHED IN THE INSTITUTION'S CATALOG AND MADE
 AVAILABLE TO THE PUBLIC.
   §  6028.  SCHOLARSHIP  AND  FELLOWSHIP AWARDS. 1. A CITY UNIVERSITY OR
 STATE UNIVERSITY  THAT  OFFERS  COMPETITIVE  SCHOLARSHIP  OR  FELLOWSHIP
 AWARDS SHALL ADOPT A WRITTEN POLICY DESCRIBING THE FACTORS TO BE USED BY
 THE INSTITUTION IN MAKING AN AWARD.
   2.  A  POLICY  ADOPTED  UNDER  THIS  SECTION SHALL BE PUBLISHED IN THE
 INSTITUTION'S CATALOG AND SHALL BE  MADE  AVAILABLE  TO  THE  PUBLIC  IN
 ADVANCE  OF  ANY  DEADLINE  FOR  THE  SUBMISSION OF AN APPLICATION FOR A
 COMPETITIVE SCHOLARSHIP OR FELLOWSHIP TO WHICH THE POLICY APPLIES.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.