S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8470
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law, in  relation  to  prohibiting  legacy
   preference as eligible criteria for admission standards or for partic-
   ipation in state awards programs

   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 section  209-b
 to read as follows:
   §  209-B. LEGACY PREFERENCE FOR ADMISSION. 1. FOR THE PURPOSES OF THIS
 SECTION, "LEGACY PREFERENCE"  MEANS  A  PREFERENCE  GIVEN  BY  A  PUBLIC
 COLLEGE  OR  PUBLIC  UNIVERSITY  ON THE BASIS OF AN APPLICANT'S FAMILIAL
 RELATIONSHIP TO ALUMNI OF SUCH PUBLIC COLLEGE OR PUBLIC UNIVERSITY.
   2. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,
 A  PUBLIC COLLEGE OR PUBLIC UNIVERSITY SHALL NOT CONSIDER A LEGACY PREF-
 ERENCE AS ELIGIBLE CRITERIA FOR ADMISSION STANDARDS; PROVIDED,  HOWEVER,
 THAT A PUBLIC COLLEGE OR PUBLIC UNIVERSITY MAY STILL INQUIRE ABOUT FAMI-
 LIAL RELATIONSHIPS TO ALUMNI IN ORDER TO COLLECT DATA.
   §  2.  Subdivision 1 of section 665-a of the education law, as amended
 by chapter 681 of the laws of 1986, is amended to read as follows:
   1. Participation agreement. No  institution  may  participate  in  the
 general,  academic  or  other  award  programs described in this article
 unless it shall have entered into a written agreement  with  the  corpo-
 ration  under  which it shall be bound to comply with all laws and rules
 applicable to such programs. The  participation  agreement  may  contain
 such  other  terms and conditions, consistent with such applicable laws,
 rules and procedures, as the president may require  in  accordance  with
 rules  adopted  for  this purpose by the board and shall be developed in
 consultation with the commissioner of education; PROVIDED, HOWEVER, THAT
 A PARTICIPATION AGREEMENT WITH ANY INSTITUTION SHALL INCLUDE THE  CONDI-
 TION  THAT  SUCH  INSTITUTION  SHALL NOT CONSIDER A LEGACY PREFERENCE AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11991-02-1
              

 A. 8470                             2
 
 ELIGIBLE CRITERIA FOR ADMISSION STANDARDS.  FOR PURPOSES OF THIS  SUBDI-
 VISION, "LEGACY PREFERENCE" SHALL MEAN A PREFERENCE  GIVEN  BY AN INSTI-
 TUTION ON THE BASIS  OF  AN  APPLICANT'S FAMILIAL RELATIONSHIP TO ALUMNI
 OF  SUCH  INSTITUTION. In accordance with rules adopted by the board for
 this purpose, the president, may suspend, limit or terminate  an  insti-
 tution's participation in these programs in the event it shall be deter-
 mined after a hearing conducted in accordance with the state administra-
 tive  procedure  act  that  the  institution has violated any applicable
 laws, rules or procedures provided for under the agreement in accordance
 with law and the rules of the board.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  on  or  before
 such date.