S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2125
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by  M.  of  A.  WALKER,  RIVERA, FORREST, SHRESTHA, MAMDANI,
   RAMOS, BICHOTTE HERMELYN, REYES -- Multi-Sponsored  by  --  M.  of  A.
   SIMON,  TAYLOR  --  read  once and referred to the Committee on Higher
   Education
 
 AN ACT to amend the education law, in  relation  to  prohibiting  legacy
   admission policies at higher education institutions in this state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "fair college admissions act".
   §  2.  Legislative  intent. a. The legislature hereby finds that there
 are significant income gains  associated  with  postsecondary  education
 degree  attainment,  with  New  York  state  residents with a bachelor's
 degree three times less likely to live in poverty than those with a high
 school diploma.
   b. The legislature further finds that students who attend and graduate
 from a highly selective higher education institution in the state of New
 York are much more likely to earn salaries in the  top  income  quintile
 than  those  who  graduate  from less selective institutions, furthering
 economic and social inequality.
   c. The legislature further finds that  within  most  highly  selective
 higher education institutions in New York state, degree completion rates
 for  students  from  low-income and working class family backgrounds are
 comparable to students from upper-income family backgrounds.
   d. The legislature further finds that many four-year higher  education
 institutions in New York state consider whether a prospective student is
 related to alumni as part of the admissions process.
   e. The legislature further finds that providing preferential treatment
 to  students  related  to  alumni  of  a higher education institution is
 discriminatory in nature and disproportionately hurts students who  come
 from  working  class  and  low-income families, have parents who did not

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00059-02-5
              

 A. 2125                             2
 
 earn a bachelor's degree, are  undocumented,  are  immigrants,  and  are
 members of historically underrepresented minority groups formerly denied
 entry  into specific higher education institutions either as a matter of
 institution  policy or the effect of historic underlying law and govern-
 ment practices.
   f. The legislature further finds that inequitable,  unfair  admissions
 policies  and  practices  such as legacy consideration are a significant
 factor behind disparities in  college  enrollment  among  students  from
 historically underserved racial and economic subgroups compared to their
 more advantaged peers at selective higher education institutions.
   g. The legislature hereby declares that a prohibition on legacy admis-
 sion  policies at degree-granting colleges and universities in the state
 shall further the goals of educational,  economic,  and  social  equity,
 helping   to  diversify  highly  selective  institutions  while  closing
 achievement  gaps  between  historically  advantaged  and  disadvantaged
 groups,  and  shall  commit  to  achieving  the  same with the following
 provisions of this act.
   § 3. The education law is amended by adding a  new  section  239-c  to
 read as follows:
   § 239-C. PROHIBITION ON LEGACY ADMISSION POLICIES. 1.  DEFINITIONS. AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (A)  "CONSIDER  ALUMNI/AE  RELATION  AS  A FACTOR IN ADMISSIONS" SHALL
 REFER TO WHEN AN ADMISSIONS  APPLICATION  ASKS  APPLICANTS  TO  INDICATE
 WHERE  THEIR  RELATIVES  ATTENDED  COLLEGE  AND THAT SUCH INFORMATION IS
 INCLUDED AMONG THE DOCUMENTS THAT THE HIGHER EDUCATION INSTITUTION  USES
 TO CONSIDER AN APPLICANT FOR ADMISSION.
   (B)  "HIGHER EDUCATION INSTITUTION" SHALL MEAN THE STATE UNIVERSITY OF
 NEW YORK, AS DEFINED IN SUBDIVISION ONE OF SECTION THREE HUNDRED  FIFTY-
 TWO  OF THIS CHAPTER, THE CITY UNIVERSITY OF NEW YORK, AS ESTABLISHED IN
 SECTION SIXTY-TWO HUNDRED THREE OF  THIS  CHAPTER,  OR  ANY  INSTITUTION
 GIVEN  THE POWER TO CONFER DEGREES IN THIS STATE BY THE BOARD OF REGENTS
 AS PROVIDED IN SECTION TWO HUNDRED EIGHTEEN OF THIS ARTICLE.
   2. PROHIBITION. NO HIGHER EDUCATION INSTITUTION IN  THIS  STATE  SHALL
 CONSIDER  ALUMNI/AE RELATION AS A FACTOR IN ADMISSIONS.  A HIGHER EDUCA-
 TION INSTITUTION SHALL BE IN COMPLIANCE WITH THIS SECTION IF IT  REASON-
 ABLY  AND  IN  GOOD FAITH REDACTS, SUPPRESSES, OR OTHERWISE REMOVES SUCH
 INFORMATION ON ALUMNI/AE RELATION FROM THE  DOCUMENTS  THAT  THE  HIGHER
 EDUCATION INSTITUTION USES TO CONSIDER AN APPLICANT FOR ADMISSION.
   3. PENALTY. IF AFTER PROVIDING NOTICE AND AN OPPORTUNITY FOR A HEARING
 THE  DEPARTMENT  DETERMINES  THAT  A  HIGHER  EDUCATION  INSTITUTION HAS
 ENGAGED IN A KNOWING PATTERN OR PRACTICE OF VIOLATING THIS SECTION, THEN
 SUCH INSTITUTION MAY BE LIABLE FOR A CIVIL PENALTY NOT TO  EXCEED  FIFTY
 THOUSAND DOLLARS.
   §  4.  This act shall take effect on the first of July next succeeding
 the date on which 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 and completed on or before such effective date.