Relates to eligibility requirements and conditions governing general awards, academic performance awards and student loans; repealer

Summary of the provisions of the bill

Section 1 entitles the bill the "Education Equity for DREAMers act".

Section 2 of the bill repeals Education Law §66l(3) to eliminate the requirement that an applicant for a general award or academic performance award be either a citizen of the United States, or an alien lawfully admitted for permanent residence in the United States, or an individual of a class of refugees paroled by the attorney general of the United States under his parole authority pertaining to the admission of aliens to the United States.

Section 3 of the bill would amend Education Law §661(5)(a) to allow certain applicants for undergraduate awards who are not legal residents of the state to be eligible for awards if they meet certain qualifications. The student must have either: (1) attended a registered New York high school for 2 or more years, graduated from a registered New York high school and applied for attendance at the institution of higher education for the undergraduate study for which an: award is sought within 5 years of receiving a high school; (2) attended an approved program for a state high school equivalency diploma, received a diploma and applied for attendance at the

institution of higher education for the undergraduate study for which an award is sought within 5 years of receiving a state high school equivalency diploma; or (3) must otherwise be eligible for the payment of tuition and fees at a rate no greater than that imposed for resident students of the State University of New York ("SUNY"), the City University of New York ("CUNY") or community colleges as prescribed in Education Law §§355(2)(h)(8) or 6206(7)(a). Further, students who do not have lawful immigration status will also be required to file an affidavit with the higher education institution that he or she has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so.

Section 4 of the bill would amend Education Law §661(5)(b) to make a similar change for applicants seeking an award at the graduate level of study, except for graduate study, the nonresident student must have either: (1) attended a registered New York high school for 2 or more years, graduated from a registered New York high school and applied for attendance at the institution of higher education for the undergraduate study for which an award is sought within 10 years of receiving a high school; (2) attended an approved program for a state high school equivalency diploma, received a diploma and applied for attendance at the institution of higher education for the undergraduate study for which an award is sought within 10 years of receiving a state high school equivalency diploma; or (3) must be otherwise eligible for the payment of tuition and fees at a rate no greater than that imposed for resident students of the SUNY, the CUNY or community colleges as prescribed in Education Law §§355(2)(h)(8) or 6206(7)(a).

Section 5 of the bill would amend Education Law §661(5)(d) to clarify that if an applicant for tuition assistance does not have a New York State residence, the applicant shall be deemed to reside in the geographic area of the institution of higher education in which he or she attends for purposes of an award allocated on a geographic basis.

Section 6 of the bill would amend Education Law §661(5)(e) to clarify that the new requirements in paragraphs (a) and (b) of this subdivision are waived for a member, or the spouse or dependent of a member, of the armed forces of the United States on a full-time active duty and stationed in this state.

Section 7 of the bill would add a new Education Law §355(2)(h)(10) to allow certain SUNY students who are not legal residents of the state to have the payment of tuition and other fees and charges reduced by state-aided programs, scholarships or other financial assistance awarded under Articles 13, 13-a, 14, 14-a, provided that the student meets the requirements in Education Law §§661(5)(a)(ii) or (b)(ii).

Section 8 of the bill adds a new Education Law §6206(7)(d) to make a conforming change for CUNY.

Section 9 of the bill adds a new Education Law §6305(8-a) to make a conforming change for community colleges.

Sections 10 and 11 of the bill amend Education Law §§6451(3)(d) and 6452(4)(a)(v) to allow students without lawful immigration status who participate in the higher education programs to receive supplemental financial assistance provided that the student meets the requirements in Education Law §§661(5)(a)(ii) or (b)(ii).

Section 12 of the bill adds Education Law §6455(2)(a) to allow an applicant for the college science and technology entry program who is not a legal resident of the state to be eligible for an award at the undergraduate level of study provided that the student either: (1) attended a registered New York high school for 2 or more years, graduated from a registered New York high school and applied for attendance at the institution of higher education for the undergraduate study for which an award is sought within 5 years of receiving a high school; (2) attended an approved program for a state high school equivalency diploma, received a diploma and applied for attendance at the institution of higher education for the undergraduate study for which an award is sought within 5 years of receiving a state high school equivalency diploma; or (3) is otherwise eligible for the payment of tuition and fees at a rate no greater than that imposed for resident students SUNY, CUNY or community colleges as prescribed in Education Law §§355(2)(h)(8) or 6206(7)(a). Further, students who do not have lawful immigration status will also be required to file an affidavit with the higher education institution that he or she has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so.

Section 13 of the bill amends Education Law §6455(3)(a) to make a conforming change for non-resident applicants at the undergraduate level of study, except such applicants must have either: (1) attended a registered New York high school for 2 or more years, graduated from a registered New York high school and applied for attendance at the institution of higher education for the undergraduate study for which an award is sought within 10 years of receiving a high school; (2) attended an approved program for a state high school equivalency diploma, received a diploma and applied for attendance at the institution of higher education for the undergraduate study for which an award is sought within 10 years of receiving a state high school equivalency diploma; or (3) is otherwise eligible for the payment of tuition and fees at a rate no greater than that imposed for resident students of the SUNY, the CUNY or community colleges as prescribed in Education Law §355(2)(h)(8) or §6206(7)(a).

Sections 14 and 15 of the bill amends Education Law §§695-e(2)(a)(i) and (a)(iii) to allow individuals with a taxpayer identification number (ITIN) to open a family tuition account and/or be a designated beneficiary under the New York State College Tuition Savings Program, unless the account was in effect prior to the effective date of this

chapter does not allow for an ITIN, in which case an ITIN shall be allowed upon expiration of the contract.

Section 16 is the effective date.

Statement in support of the bill

Based on data from the National Immigration Law Center, an estimated 65,000 students who are children of undocumented immigrants graduate from U.S. high schools each year. We estimate that 7% of that total, or 4,550, graduate from New York high schools or receive state equivalency diplomas each year. Approximately 2,000 such students who grew up in New York attend the City University of New York, mainly because they can attend public colleges at instate tuition rates.

New York's enlightened policy enables hundreds of thousands of undocumented students to receive education through the state's public school system; our state recognizes the value of an investment in career and college readiness for these students. It makes economic sense to help these young students become fully participant in New York's economy. Yet their futures are undeniably circumscribed by current immigration law and State law relating to State financial aid for postsecondary education. These young people generally derive their immigration status from their parents. If their parents are undocumented, most have no mechanism to obtain legal residency, even if they have lived most of their lives in the U.S.

Current State law prohibits undocumented immigrant students from receiving State financial aid (ie., general awards and academic performance awards). Denying them aid means denying them access to higher education. The bill eliminates this barrier and amends Education Law §651 to allow eligible undocumented aliens to receive such awards by making graduates of New York high schools or programs leading to a State high school equivalency diploma and persons otherwise eligible for in-state tuition in SUNY or CUNY institutions eligible to receive such awards regardless of their residence or immigration status. Thus, the bill also allows nonresidents of the State to be eligible for these awards if they meet the specified qualifications. The bill also seeks to ensure compliance with immigration laws, by requiring immigrant students to demonstrate that they have taken appropriate steps to legalize their immigration status.

Our society and our economic growth depend on a vibrant, well-educated workforce, but right now, hundreds of thousands of New Yorkers are denied the opportunity to the education they need to fully participate in our economy. Without access to higher education, these students are far t00 often forced into the shadows of poverty and desperate existence.

This bill addresses the compelling need to maintain educational opportunities at the CUNY and SUNY, community colleges and State-aided four year colleges for certain immigrant students in New

York State. To accomplish this, the bill provides that SUNY and CUNY, community colleges and State-aided four-year programs allow non-resident students to have the payment of tuition and other fees and charges reduced by State-aided programs, scholarships or other financial assistance awarded if the student meets the criteria that would qualify him or her to receive TAP or other general awards under Education Law §651.

The bill also allows undocumented non-resident aliens to receive supplemental financial assistance as part of the higher education opportunity programs and the collegiate technology entry programs if they meet the criteria that would qualify them to receive TAP or other general awards under Education Law §651.

Finally, the bill recognizes the importance of attracting hard-working undocumented aliens to public-and private colleges and universities within the State by enabling such students to benefit from the tax incentive provided for qualified state tuition programs under the Internal Revenue Code of 1986. The bill allows undocumented aliens with a taxpayer identification number to open a family tuition account and/or to be a designated beneficiary of such account, except in limited exceptions.

This bill would extend New York State's legacy of providing a high-quality, affordable higher education to hard-working immigrants and would reinforce our State's commitment to being a beacon of freedom and opportunity for immigrants.

Budgetary implications of the bill

The State Education Department does not have the data needed to precisely estimate the annual cost to the State of extending eligibility for State financial aid for postsecondary students to New York high school graduates who are non-residents or undocumented immigrants, as proposed in this bill. The total number of New York high school graduates who are nonresidents of the State is not known, nor is the number of undocumented immigrant students who would elect to apply for TAP or other postsecondary awards each year, or which programs they might opt to apply for. Assuming that of the 4,550 undocumented immigrant students graduating from New York high schools or state high school equivalency programs each year, 5% will choose to attend New York colleges, we estimate that the bill would make 227 additional undocumented immigrant students eligible for TAP each year. Because TAP is a need based program and undocumented immigrant students are representative of students most in need, an estimated average award would be approximately $4,000.00. That translates into approximately $908,000.00 in additional TAP awards each year. The actual cost will vary from this amount, as some eligible students will not complete their college programs and some will attend on a part-time basis and generate less cost. Moreover, the cost to the State from such increased State postsecondary financial aid will in the long run be offset, at least

in part, from the increased State income tax revenues generated by affording this population the opportunity to complete college and obtain higher paying jobs and the savings to the State from reductions in public assistance and other supports that might otherwise result if this population remains in poverty.

Prior legislative history

This is a new legislative proposal.

Effective date

This act would take effect July 1, 2012. To ensure that applicants are able to apply for financial assistance prior to the 2012-2013 academic year, the effective date will provide higher education and banking institutions with time to develop applications and provide candidates with notice of the new eligibility requirements for financial assistance and family tuition accounts.