NY State Senate Bill 2023-S7752

Senate Bill S7752

2023-2024 Legislative Session

Prohibits the granting of tuition assistance awards to any student who has knowingly engaged in certain antisemitic activities

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Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
Nov 15, 2023	referred to rules

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2023-S7752 (ACTIVE) - Details

See Assembly Version of this Bill:: A8399
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§666, 667, 667-a & 667-c, Ed L

2023-S7752 (ACTIVE) - Summary

Enacts "the combating campus antisemitism act"; prohibits the granting of tuition assistance awards to any student 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"; makes related provisions.

2023-S7752 (ACTIVE) - Sponsor Memo

2023-S7752 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7752
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 15, 2023
                                ___________
 
 Introduced  by  Sens.  WEBER,  CANZONERI-FITZPATRICK, GRIFFO, MARTINS --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Rules
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13566-04-3

 S. 7752                             2
 
 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  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-
 S. 7752                             3
 
 TUTES  "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.
   § 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
 S. 7752                             4
 
 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 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.

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