S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1674
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law, in relation to eligibility of certain
   Afghan and Iraqi immigrants for education benefits
 
   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 669-i
 to read as follows:
   § 669-I. AFGHAN AND IRAQI SPECIAL IMMIGRANT TUITION AWARDS PROGRAM. 1.
 AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   A.  "AFGHAN  WITH SPECIAL IMMIGRANT STATUS" MEANS AN AFGHAN CITIZEN OR
 NATIONAL WITH THE STATUS OF A SPECIAL IMMIGRANT UNDER SECTION 101(A)(27)
 OF THE IMMIGRATION AND NATIONALITY ACT (8  U.S.C.  1101(A)(27))  GRANTED
 UNDER THE AFGHAN ALLIES PROTECTION ACT OF 2009 (PUBLIC LAW 111-8; U.S.C.
 1101  NOTE).  SUCH  TERM INCLUDES AFGHAN IMMIGRANTS WHO ENTER THE UNITED
 STATES UNDER A P1 OR P2 VISA.
   B. "IRAQI WITH SPECIAL IMMIGRANT STATUS" MEANS A CITIZEN  OR  NATIONAL
 OF IRAQ WHO HAS GAINED SPECIAL IMMIGRANT STATUS UNDER SECTION 101(A)(27)
 OF    THE    IMMIGRATION   AND NATIONALITY ACT BY ESTABLISHING THEY HAVE
 PROVIDED FAITHFUL AND VALUABLE SERVICE TO  THE  U.S.  GOVERNMENT,  WHILE
 EMPLOYED  BY  OR  ON BEHALF OF THE U.S. GOVERNMENT IN IRAQ, FOR NOT LESS
 THAN ONE YEAR BEGINNING ON OR AFTER MARCH TWENTIETH, TWO THOUSAND THREE,
 AND WHO HAVE EXPERIENCED OR ARE EXPERIENCING AN ONGOING  SERIOUS  THREAT
 AS A CONSEQUENCE OF THAT EMPLOYMENT. SUCH TERM SHALL INCLUDE THOSE IMMI-
 GRANTS WHO ENTER THE UNITED STATES UNDER A P1 OR P2 VISA.
   C. "PART-TIME STUDY" MEANS ENROLLMENT FOR AT LEAST THREE BUT LESS THAN
 TWELVE  SEMESTER HOURS PER SEMESTER, OR THE EQUIVALENT,  IN  AN APPROVED
 UNDERGRADUATE OR GRADUATE PROGRAM.
   D. "APPROVED  VOCATIONAL TRAINING PROGRAMS" MEANS PROGRAMS OFFERED  BY
 AGENCIES  APPROVED BY THE  COMMISSIONER  FOR  FUNDING  PURSUANT  TO THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05702-01-3
              

 A. 1674                             2
 
 SECTION. THE COMMISSIONER SHALL APPROVE ONLY  SUCH  NON-CREDIT  PROGRAMS
 WHICH ARE AT LEAST THREE HUNDRED TWENTY CLOCK HOURS IN LENGTH, AND WHICH
 MEET  STANDARDS  OF  INSTRUCTIONAL QUALITY ESTABLISHED IN REGULATIONS BY
 THE  COMMISSIONER. THESE STANDARDS SHALL INCLUDE, BUT NOT BE LIMITED TO,
 QUALIFICATIONS OF ADMINISTRATIVE AND INSTRUCTIONAL PERSONNEL, QUALITY OF
 FACILITIES AND EQUIPMENT, RECORDKEEPING, ADMISSION, GRADING, ATTENDANCE,
 AND RECORD OF PLACEMENT OF COMPLETERS WHICH MEETS STANDARDS OF  ACCEPTA-
 BILITY AS ESTABLISHED BY THE COMMISSIONER.
   2.  A.  TUITION AWARDS ARE AVAILABLE  FOR PERSONS WITH AFGHAN OR IRAQI
 SPECIAL IMMIGRANT STATUS OR PENDING STATUS, AS  DEFINED  IN  SUBDIVISION
 ONE OF THIS SECTION, WHO ARE ENROLLED, PURSUANT TO PARAGRAPH A OF SUBDI-
 VISION  FOUR  OF SECTION SIX HUNDRED SIXTY-ONE OF THIS PART, IN APPROVED
 UNDERGRADUATE OR GRADUATE PROGRAMS AT DEGREE  GRANTING  INSTITUTIONS  OR
 ENROLLED  IN  APPROVED  VOCATIONAL TRAINING PROGRAMS AND WHO APPLY FOR A
 TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION SIX HUNDRED  SIXTY-
 SEVEN OF THIS SUBPART.
   B.  ELIGIBILITY  FOR AWARDS UNDER THIS SECTION SHALL BE ESTABLISHED AS
 OF THE DATE THE APPLICATION IS RECEIVED BY THE CORPORATION. ALL ELIGIBLE
 RECIPIENTS SHALL  RECEIVE  AN  AWARD  IN  AN  AMOUNT  AS  SET  FORTH  IN
 SUBDIVISION FOUR OF THIS SECTION.
   3.  A. NO RECIPIENT SHALL RECEIVE AWARDS FOR MORE THAN EIGHT SEMESTERS
 OF FULL-TIME UNDERGRADUATE STUDY, OR THE  EQUIVALENT  OF  FOUR  ACADEMIC
 YEARS,  OR,  IF AN UNDERGRADUATE PROGRAM NORMALLY REQUIRES FIVE ACADEMIC
 YEARS OF FULL-TIME STUDY, FOR  MORE  THAN  TEN  SEMESTERS  OF  FULL-TIME
 STUDY,  OR THE EQUIVALENT OF FIVE ACADEMIC YEARS. RECIPIENTS ENROLLED IN
 A PROGRAM OF REMEDIAL STUDY CONFORMING TO THE PROVISIONS  OF THIS  ARTI-
 CLE,  APPROVED BY THE COMMISSIONER IN A DEGREE GRANTING INSTITUTION, AND
 INTENDED TO CULMINATE IN AN UNDERGRADUATE DEGREE SHALL BE CONSIDERED  AS
 ENROLLED  IN  A  PROGRAM NORMALLY REQUIRING   FIVE  YEARS.  NO RECIPIENT
 ENROLLED IN AN APPROVED VOCATIONAL TRAINING PROGRAM SHALL RECEIVE AWARDS
 FOR MORE THAN FOUR SEMESTERS OF FULL-TIME STUDY OR THE EQUIVALENT OF TWO
 ACADEMIC YEARS OF FULL-TIME STUDY.
   B. NO  RECIPIENT SHALL RECEIVE AWARDS FOR MORE THAN SIXTEEN  SEMESTERS
 OF  PART-TIME  UNDERGRADUATE STUDY AS DEFINED IN SUBDIVISION ONE OF THIS
 SECTION,  OR THE EQUIVALENT OF EIGHT ACADEMIC YEARS OF PART-TIME  STUDY,
 OR, IF AN UNDERGRADUATE PROGRAM NORMALLY REQUIRES FIVE ACADEMIC YEARS OF
 FULL-TIME  STUDY,  FOR MORE THAN TWENTY SEMESTERS OF PART-TIME STUDY, OR
 THE EQUIVALENT OF TEN ACADEMIC YEARS. RECIPIENTS ENROLLED IN  A  PROGRAM
 OF REMEDIAL STUDY CONFORMING TO THE PROVISIONS OF THIS ARTICLE, APPROVED
 BY  THE COMMISSIONER IN A  DEGREE  GRANTING  INSTITUTION,  AND  INTENDED
 TO CULMINATE  IN AN UNDERGRADUATE DEGREE SHALL BE CONSIDERED AS ENROLLED
 IN A PROGRAM NORMALLY REQUIRING FIVE YEARS. NO  RECIPIENT  ENROLLED   IN
 AN  APPROVED   VOCATIONAL TRAINING PROGRAM SHALL RECEIVE AWARDS FOR MORE
 THAN EIGHT SEMESTERS OF PART-TIME STUDY OR THE  EQUIVALENT    OF    FOUR
 ACADEMIC YEARS OF PART-TIME STUDY.
   C.  NO  RECIPIENT  SHALL RECEIVE AWARDS FOR MORE THAN SIX SEMESTERS OF
 FULL-TIME STUDY, OR THE EQUIVALENT OF THREE ACADEMIC YEARS, FOR GRADUATE
 STUDY. NO RECIPIENT SHALL RECEIVE AWARDS FOR MORE THAN TWELVE  SEMESTERS
 OF  PART-TIME  GRADUATE  STUDY  AS  DEFINED  IN  SUBDIVISION ONE OF THIS
 SECTION, OR THE EQUIVALENT OF SIX ACADEMIC YEARS OF  PART-TIME  GRADUATE
 STUDY.
   4.  EVERY  RECIPIENT  SHALL  RECEIVE  AN  AWARD EQUAL TO THE AMOUNT OF
 UNDERGRADUATE TUITION FOR RESIDENTS OF NEW YORK  STATE  CHARGED  BY  THE
 STATE  UNIVERSITY  OF  NEW  YORK OR ACTUAL TUITION CHARGED, WHICHEVER IS
 LESS,  FOR  EACH  SEMESTER,  OR THE EQUIVALENT, OF FULL-TIME STUDY, OR A
 PRO-RATED AMOUNT FOR PART-TIME STUDY; PROVIDED, HOWEVER, THAT SUCH AWARD
 A. 1674                             3
 
 SHALL NOT BE REDUCED BY ANY BENEFITS AVAILABLE UNDER  THE  FEDERAL  PELL
 GRANT PROGRAM PURSUANT TO SECTION ONE THOUSAND SEVENTY-A OF TITLE TWENTY
 OF THE UNITED STATES CODE.
   § 2. This act shall take effect immediately.