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- Referred to higher education
- Referred to higher education
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Sponsor's memo
BILL NUMBER:S1565
Title of bill
An act to amend the education law, in relation to reporting requirements of foreign students in the United States
Purpose
This bill will require degree granting institutions in New York State who accept foreign students to report to the State Police whenever a foreign student has failed to maintain his or her legitimate status as a foreign student at that institution. Currently foreign students that are no longer attending school, or have failed to appear or failed to register for classes are in violation of their student visa. Current law requires that the institution report this information to the U.S. Department of Homeland Security. Although this becomes known to the United States Department of Homeland Security, the college is not required to make a proactive report to New York State enforcement authorities.
Read the full memo (763 words)
The bill also requires a compilation of statistical data regarding the number of foreign students at each college in New York State and the programs they are enrolled in. Amendments to the bill make clear that the police may only contact the federal authorities should they encounter reported individuals. In addition, it makes clear that only statistical data should be collected, not names, addresses or other information linked in any way to an individual.
Summary of provisions
The State Education Law is amended to add a new section 207-b. This section would require that the designated school officials who oversee the foreign student program at every institution authorized by the New York State Legislature or the Regents of the State of New York, that has been approved by the United States Government to accept foreign students, report to the state police whenever a foreign student fails to report to the school at an expected time or fails to register or attend classes as expected.
Subsection 2 of the bill lists the statistical information that each approved school must maintain for all foreign students attending with a student visa. Subsection 3 requires that such statistical information be maintained in electronic form and be submitted to the State Education Department (SED). Subsection 4 requires that SED produce a report that compiles the statistical information submitted. Subsection 5 requires the Department to monitor compliance with all the laws, rules and regulations governing foreign students and authorizes them to recommend to the Department of Homeland Security that any school not in compliance be denied eligibility to receive foreign students. They are also authorized to fine non-compliant schools up to $1,000, $2,000 in the case of a second violation, for each occurrence. Amendments to the bill clarify that should the state police encounter someone that has been reported that they only contact the proper federal authorities. It also makes clear that any data collected not include names, addresses or any other personal information.
Justification
New York State's colleges and universities have a long and proud tradition of international cooperation and collaboration. We accept thousands of students from countries around the world, providing them with a superior education in every conceivable subject.
However, the events of September 11th have made it clear that there are some who, willingly, may attempt to abuse our system of openness and inclusion for their own destructive purposes. This legislation requires only that our institutions of higher education act prudently while administering their international student programs.
Foreign students who apply and are accepted here in the United States are issued a limited student visa. One essential premise of the visa is that the student remain actively enrolled in a program of study. When and if the student does not maintain their prescribed status, they are immediately in violation of their visa and are required to return to their native country.
This legislation requires that when a foreign student is reported to the Department of Homeland Security for non-compliance under federal law, that the campus notify the State Police as well. Further, the legislation requires that all campuses provide statistical data regarding the number of foreign students in their school and the programs they are enrolled in.
Legislative history
2011-12 S.3388; 2009-10 S.2523; 2007-2008, S.2602; 2005-2006, S.838-A; 2003-2004, S.345-A; 2001-2002, S.604-3-B.
Fiscal implications
None - All of the information required to be collected is already being collected as required by federal law. The cost of filing the information in electronic form is minimal. The cost of reporting those very few students who have failed to comply with student visa rules and regulations is minimal.
Effective date
This act shall take effect on the first of August next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.