S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8399
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT to amend the education law, in relation to prohibiting the grant
   of tuition assistance awards to any student who has knowingly  engaged
   in certain antisemitic activities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act may be known and shall  be  cited  as
 "the combating campus antisemitism act".
   §  2. Subdivision 2 of section 666 of the education law, as amended by
 chapter 947 of the laws of 1990, is amended to read as follows:
   2. Eligible students. Tuition awards may  be  made  to  students,  who
 comply  with  the  requirements provided in subdivisions three, five and
 six of section six hundred sixty-one of this article, and  (i) are  also
 part-time   students   matriculated  in  approved  undergraduate  degree
 programs or enrolled and accepted into registered  certificate  programs
 and  (ii) if eligible to claim dependents or to be claimed as dependents
 under the tax law, whose incomes  do  not  exceed  fifty  thousand  five
 hundred fifty dollars or if ineligible whose incomes do not exceed thir-
 ty-four  thousand  two hundred fifty dollars. The continuation of eligi-
 bility for a tuition award shall require the retention of good  academic
 standing, as defined by the commissioner pursuant to article thirteen of
 this  chapter. Prior to the approval of any additional award pursuant to
 this section,  participating  institutions  shall  review  the  academic
 standing  of  all  recipients  of  awards  pursuant to this section; AND
 PROVIDED, FURTHER, THAT NO TUITION ASSISTANCE AWARD SHALL BE PROVIDED TO
 ANY STUDENT, IN ANY ACADEMIC YEAR, WHO HAS KNOWINGLY ENGAGED IN  PROMOT-
 ING  ANTISEMITISM  IN A MANNER THAT IS DIRECTED TO INCITING OR PRODUCING
 IMMINENT LAWLESS ACTION AND IS LIKELY TO INCITE OR PRODUCE SUCH  ACTION,
 THAT CONSTITUTES "TRUE THREATS," AS DEFINED BY THE UNITED STATES SUPREME
 COURT IN VIRGINIA V. BLACK (2003), OR THAT CONSTITUTES "FIGHTING WORDS,"
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13566-04-3
              

 A. 8399                             2
 
 PURSUANT  TO  CHAPLINSKY V. NEW HAMPSHIRE (1942), OR FAILS TO ADEQUATELY
 ADDRESS ANY SUCH EVENT. THE TERM  "ANTISEMITISM"  SHALL  HAVE  THE  SAME
 MEANING  AS THE WORKING DEFINITION FOR "ANTISEMITISM" AS PROVIDED BY THE
 INTERNATIONAL  HOLOCAUST REMEMBRANCE ALLIANCE ON MAY 26, 2016, INCLUDING
 THE CONTEMPORARY EXAMPLES OF ANTISEMITISM  CITED  BY  THE  INTERNATIONAL
 HOLOCAUST  REMEMBRANCE  ALLIANCE.   THE HIGHER EDUCATION SERVICES CORPO-
 RATION OF THE STATE OF NEW YORK SHALL ESTABLISH GUIDELINES FOR DETERMIN-
 ING WHEN A STUDENT HAS KNOWINGLY ENGAGED IN  PROMOTING  ANTISEMITISM  AS
 WELL  AS  GUIDELINES  FOR  ACTIONS  THAT  MAY BE TAKEN TO RESTORE AND/OR
 RESUME A TUITION ASSISTANCE AWARD.
   § 3. Subdivision 1 of section 667 of the education law, as amended  by
 chapter 622 of the laws of 2008, is amended to read as follows:
   1.  Recipient  qualifications.  Tuition  assistance program awards are
 available for all students who are enrolled in approved programs and who
 demonstrate the ability to complete such  courses,  in  accordance  with
 standards  established  by  the  commissioner provided, however, that no
 award shall be made unless tuition (exclusive of educational fees)  and,
 if  applicable,  the  college  fee levied by the state university of New
 York pursuant to the April first, nineteen hundred sixty-four  financing
 agreements  with  the New York state dormitory authority charged for the
 program in which the student is enrolled  total  at  least  two  hundred
 dollars  a  year,  [and  provided further that,] no award can exceed one
 hundred percent of the amount of tuition charged; AND PROVIDED, FURTHER,
 THAT NO TUITION ASSISTANCE AWARD SHALL BE PROVIDED TO  ANY  STUDENT,  IN
 ANY  ACADEMIC  YEAR, WHO HAS KNOWINGLY ENGAGED IN PROMOTING ANTISEMITISM
 IN A MANNER THAT IS DIRECTED TO INCITING OR PRODUCING  IMMINENT  LAWLESS
 ACTION  AND IS LIKELY TO INCITE OR PRODUCE SUCH ACTION, THAT CONSTITUTES
 "TRUE THREATS," AS DEFINED BY THE UNITED STATES SUPREME COURT IN  VIRGI-
 NIA  V.  BLACK (2003), OR THAT CONSTITUTES "FIGHTING WORDS," PURSUANT TO
 CHAPLINSKY V. NEW HAMPSHIRE (1942), OR FAILS TO ADEQUATELY  ADDRESS  ANY
 SUCH  EVENT.  THE TERM "ANTISEMITISM" SHALL HAVE THE SAME MEANING AS THE
 WORKING DEFINITION FOR "ANTISEMITISM" AS PROVIDED BY  THE  INTERNATIONAL
 HOLOCAUST  REMEMBRANCE ALLIANCE ON MAY 26, 2016, INCLUDING THE CONTEMPO-
 RARY EXAMPLES OF  ANTISEMITISM  CITED  BY  THE  INTERNATIONAL  HOLOCAUST
 REMEMBRANCE  ALLIANCE.  THE HIGHER EDUCATION SERVICES CORPORATION OF THE
 STATE OF NEW YORK SHALL ESTABLISH  GUIDELINES  FOR  DETERMINING  WHEN  A
 STUDENT  HAS  KNOWINGLY  ENGAGED  IN  PROMOTING  ANTISEMITISM AS WELL AS
 GUIDELINES FOR ACTIONS THAT MAY BE TAKEN  TO  RESTORE  AND/OR  RESUME  A
 TUITION ASSISTANCE AWARD.
   §  4.  Subdivision 1 of section 667-a of the education law, as amended
 by chapter 83 of the laws of 1995, is amended to read as follows:
   1. Legislative intent. The legislature hereby finds  that  to  further
 the goal of equal opportunity it is necessary to assure the availability
 of  supplemental  assistance  for  the  successful remediation of educa-
 tionally disadvantaged students  in  addition  to  assistance  currently
 available  under  existing  statute  for  students  with financial need.
 Accordingly, tuition assistance shall be extended to students whose need
 for remediation precludes them from fulfilling the program  pursuit  and
 academic  progress  requirements  of the tuition assistance program; AND
 PROVIDED, FURTHER, THAT NO SUPPLEMENTAL TUITION ASSISTANCE  AWARD  SHALL
 BE  PROVIDED  TO  ANY  STUDENT,  IN ANY ACADEMIC YEAR, WHO HAS KNOWINGLY
 ENGAGED IN PROMOTING ANTISEMITISM IN A MANNER THAT IS DIRECTED TO INCIT-
 ING OR PRODUCING IMMINENT LAWLESS ACTION AND  IS  LIKELY  TO  INCITE  OR
 PRODUCE  SUCH ACTION, THAT CONSTITUTES "TRUE THREATS," AS DEFINED BY THE
 UNITED STATES SUPREME COURT IN VIRGINIA V. BLACK (2003), OR THAT CONSTI-
 TUTES "FIGHTING WORDS," PURSUANT TO CHAPLINSKY V. NEW HAMPSHIRE  (1942),
 A. 8399                             3
 
 OR  FAILS  TO ADEQUATELY ADDRESS ANY SUCH EVENT. THE TERM "ANTISEMITISM"
 SHALL HAVE THE SAME MEANING AS THE WORKING DEFINITION FOR "ANTISEMITISM"
 AS PROVIDED BY THE INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE  ON  MAY
 26,  2016,  INCLUDING THE CONTEMPORARY EXAMPLES OF ANTISEMITISM CITED BY
 THE INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE.  THE HIGHER  EDUCATION
 SERVICES CORPORATION OF THE STATE OF NEW YORK SHALL ESTABLISH GUIDELINES
 FOR  DETERMINING WHEN A STUDENT HAS KNOWINGLY ENGAGED IN PROMOTING ANTI-
 SEMITISM AS WELL AS GUIDELINES FOR ACTIONS THAT MAY BE TAKEN TO  RESTORE
 AND/OR RESUME A TUITION ASSISTANCE AWARD.
   §  5.  Subdivision 1 of section 667-c of the education law, as amended
 by section 1 of part E of chapter 56 of the laws of 2022  and  paragraph
 (b)  as  amended  by  section  1 of part EE of chapter 56 of the laws of
 2023, is amended to read as follows:
   1. Notwithstanding any law, rule or regulation to  the  contrary,  the
 president  of the higher education services corporation is authorized to
 make tuition assistance program awards to:
   a. part-time students enrolled at the state  university,  a  community
 college,  the  city  university of New York, and a non-profit college or
 university incorporated by the regents or by the  legislature  who  meet
 all  requirements  for  tuition assistance program awards except for the
 students' part-time attendance; AND PROVIDED, FURTHER, THAT NO PART-TIME
 TUITION ASSISTANCE AWARD SHALL  BE  PROVIDED  TO  ANY  STUDENT,  IN  ANY
 ACADEMIC  YEAR, WHO HAS KNOWINGLY ENGAGED IN PROMOTING ANTISEMITISM IN A
 MANNER THAT IS DIRECTED TO INCITING OR PRODUCING IMMINENT LAWLESS ACTION
 AND IS LIKELY TO INCITE OR PRODUCE SUCH ACTION, THAT  CONSTITUTES  "TRUE
 THREATS,"  AS  DEFINED BY THE UNITED STATES SUPREME COURT IN VIRGINIA V.
 BLACK (2003), OR THAT CONSTITUTES "FIGHTING WORDS," PURSUANT TO CHAPLIN-
 SKY V. NEW HAMPSHIRE (1942), OR FAILS TO  ADEQUATELY  ADDRESS  ANY  SUCH
 EVENT.  THE TERM "ANTISEMITISM" SHALL HAVE THE SAME MEANING AS THE WORK-
 ING DEFINITION FOR "ANTISEMITISM" AS PROVIDED BY THE INTERNATIONAL HOLO-
 CAUST REMEMBRANCE ALLIANCE ON MAY 26, 2016, INCLUDING  THE  CONTEMPORARY
 EXAMPLES  OF  ANTISEMITISM  CITED  BY THE INTERNATIONAL HOLOCAUST REMEM-
 BRANCE ALLIANCE.  THE HIGHER EDUCATION SERVICES CORPORATION OF THE STATE
 OF NEW YORK SHALL ESTABLISH GUIDELINES FOR DETERMINING  WHEN  A  STUDENT
 HAS  KNOWINGLY  ENGAGED  IN PROMOTING ANTISEMITISM AS WELL AS GUIDELINES
 FOR ACTIONS THAT MAY BE TAKEN  TO  RESTORE  AND/OR    RESUME  A  TUITION
 ASSISTANCE AWARD; or
   b.  part-time  students  enrolled  at  a community college or a public
 agricultural and technical college in a non-degree workforce  credential
 program  directly  leading to the employment or advancement of a student
 in a "significant industry" as identified by the department of labor  in
 its three most recent statewide significant industries reports published
 preceding  the student's enrollment in such non-degree workforce creden-
 tial program. The state university of New York and the  city  university
 of  New  York  shall  publish and maintain a master list of all eligible
 non-degree workforce credential program courses  and  update  such  list
 every  semester. Eligible non-degree workforce credential programs shall
 include those programs less than twelve semester hours,  or  the  equiv-
 alent,  per  semester. A student who successfully completes a non-degree
 workforce credential program and receives part-time  tuition  assistance
 program  awards  pursuant  to  this  paragraph shall be awarded academic
 credit by the state university of New York or  city  university  of  New
 York  upon  matriculation  into  a  degree  program at such institution,
 provided that such credit shall be equal  to  the  corresponding  credit
 hours  earned  in  the  non-degree  workforce  credential  program;  AND
 PROVIDED, FURTHER, THAT NO PART-TIME TUITION ASSISTANCE AWARD  SHALL  BE
 A. 8399                             4

 PROVIDED TO ANY STUDENT, IN ANY ACADEMIC YEAR, WHO HAS KNOWINGLY ENGAGED
 IN  PROMOTING  ANTISEMITISM  IN A MANNER THAT IS DIRECTED TO INCITING OR
 PRODUCING IMMINENT LAWLESS ACTION AND IS LIKELY  TO  INCITE  OR  PRODUCE
 SUCH  ACTION,  THAT CONSTITUTES "TRUE THREATS," AS DEFINED BY THE UNITED
 STATES SUPREME COURT IN VIRGINIA V. BLACK (2003),  OR  THAT  CONSTITUTES
 "FIGHTING  WORDS,"  PURSUANT  TO  CHAPLINSKY V. NEW HAMPSHIRE (1942), OR
 FAILS TO ADEQUATELY ADDRESS ANY  SUCH  EVENT.  THE  TERM  "ANTISEMITISM"
 SHALL HAVE THE SAME MEANING AS THE WORKING DEFINITION FOR "ANTISEMITISM"
 AS  PROVIDED  BY THE INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE ON MAY
 26, 2016, INCLUDING THE CONTEMPORARY EXAMPLES OF ANTISEMITISM  CITED  BY
 THE  INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE.  THE HIGHER EDUCATION
 SERVICES CORPORATION OF THE STATE OF NEW YORK SHALL ESTABLISH GUIDELINES
 FOR DETERMINING WHEN A STUDENT HAS KNOWINGLY ENGAGED IN PROMOTING  ANTI-
 SEMITISM  AS WELL AS GUIDELINES FOR ACTIONS THAT MAY BE TAKEN TO RESTORE
 AND/OR RESUME A TUITION ASSISTANCE AWARD.
   § 6. This act shall take effect immediately.