NY State Senate Bill 2021-S8506

Senate Bill S8506

2021-2022 Legislative Session

Prohibits legacy preference as eligible criteria for admission standards or for participation in state awards programs

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2022	referred to higher education

2021-S8506 (ACTIVE) - Details

See Assembly Version of this Bill:: A8470
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §209-b, amd §665-a, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S5452, A1378

2021-S8506 (ACTIVE) - Summary

Prohibits legacy preference as eligible criteria for admission standards or for participation in state awards programs; defines terms.

2021-S8506 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8506

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to prohibit considering legacy status as
part of the admissions process at higher educational institutions.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new Section 209-B to the Education Law that prohibits a
legacy preference in admission at public colleges and universities.

Section 2 amends subdivision 1 of Section 665-A of the Education Law to
provide that a participation agreement between an institution and the
higher education services corporation shall include the condition that

the institution shall not consider a legacy preference in admissions.

Section 3 is the effective date.

 
JUSTIFICATION:

A 2018 survey conducted by Inside Higher Ed found that 42% of admissions
directors at private colleges and universities factor legacy status in
admissions decisions; a minority considered the practice an appropriate
admissions consideration. When colleges and universities provide a pref-
erence in admissions for prospective students with familial relation-
ships to alumni, they reinforce the social, racial, and economic injus-
tices that endure in higher education. Affording college applicants a
legacy preference inherently disadvantages first generation college
students as well as people of races and ethnicities that have histor-
ically been underrepresented in higher education.

Schools around the country are voluntarily choosing to end legacy pref-
erence in admissions, recognizing the injustices it perpetuates.  This
legislation would disincentivize the practice by disqualifying a college
or university from participating in State funding programs if the insti-
tution considered legacy preference as a factor in admissions.

 
LEGISLATIVE HISTORY:

New bill.

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
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.

2021-S8506 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8506
 
                             I N  S E N A T E
 
                               March 8, 2022
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11991-02-1
 S. 8506                             2
 
 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.

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