S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6991
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in  relation  to  affidavits  of  the
   lawful  immigration  status of certain students; and to repeal certain
   provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The closing paragraph paragraph a and the closing paragraph
 of  paragraph b of subdivision 5 of section 661 of the education law are
 REPEALED.
   § 2. The closing paragraph of subparagraph (i)  of  paragraph  (a)  of
 subdivision  7  of  section  6206  of  the  education law, as amended by
 section 3 of part B of chapter 56 of the laws of  2023,  is  amended  to
 read as follows:
   [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
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11178-02-3
 A. 6991                             2
              

 
 for  student  government  and  other  student activities and receive and
 expend them as agent or trustee.
   §  3.  The  closing  paragraph  of paragraph (a-1) of subdivision 7 of
 section 6206 of the education law, as amended by chapter 669 of the laws
 of 2022, is amended to read as follows:
   [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.] Except as otherwise authorized in paragraph (a)  of  this
 subdivision,  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
 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.
   § 4. The second undesignated paragraph of  subdivision  5  of  section
 6301 of the education law is REPEALED.
   §  5.  The closing paragraph of paragraph (a) of subdivision 2 and the
 closing paragraph of paragraph (a) of subdivision 3 of section  6455  of
 the education law are REPEALED.
   §  6.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that section two of this act shall
 take effect on the same date as the reversion of paragraph (a) of subdi-
 vision 7 of section 6206 of the education law as provided in section  16
 of chapter 260 of the laws of 2011, as amended; provided further, howev-
 er,  that  the amendments to paragraph (a-1) of subdivision 7 of section
 6206 of the education law made by section three of this  act  shall  not
 affect  the repeal of such paragraph and shall be deemed repealed there-
 with.