S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2237
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced by Sens. GOUNARDES, CLEARE, COMRIE, FERNANDEZ, HOYLMAN-SIGAL,
   JACKSON,  MAY,  MYRIE,  RAMOS, SALAZAR, SANDERS, SEPULVEDA, SKOUFIS --
   read twice and ordered printed, and when printed to  be  committed  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
              

 S. 2237                             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.