Provides state-aided scholarship opportunities for SUNY, CUNY or community college students who are without lawful immigration status or who are undocumented

Summary of specific provision

Section 1. Paragraph h of subdivision 2 of section 359 of the education law is amended by adding a new subparagraph 9 to read as follows:

(9) Such regulations shall further provide that any student who is with- out lawful immigration status or is an undocumented person may have the payment of tuition and other fees and charges reduced by state-aided Programs, scholarships or other financial assistance awarded under the provisions of article thirteen, thirteen-A, fourteen and fourteen-A of this chapter, if such student:

(i) is otherwise eligible to receive such award; and

(ii) attended an approved New York high school for two or more years, graduated from an approved New York high school and applied for attend- ance at an institution or educational unit of the state university with- in five years of receiving a New York State high school diploma; or

(iii) attended an approved New York State program for general equivalen- cy diploma exam preparation, received a general equivalency diploma issued within New York state and applied for attendance at an institu- tion or educational unit of the state university within five years of receiving a general equivalency diploma issued within New York state; or.

(iv) was enrolled in an institution or educational unit of the state university in the fall semester or quarter of the two thousand ten-two thousand eleven academic year and was authorized by such institution or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state.

A student without lawful immigration status shall also be required to file an affidavit with such institution or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligi- ble to do so.

2. Subdivision 7 of section 6206 of the education law is amended by adding a new paragraph (d) to read as follows:

(d) The trustees shall further provide that any student who is without lawful immigration status or is an undocumented person may have the payment of tuition and other fees and charges reduced by state-aided Programs, if such student:

(i) is otherwise eligible to receive such award; and

(ii) attended an approved New York high school for two or more years, graduated from an approved New York high school and applied for attend- ance at an institution or educational unit of the state university with- in five years of receiving a New York state high school diploma; or

(iii) attended an approved New York state program for general equivalen- cy diploma exam preparation, received a general equivalency diploma issued within New York state; or

(iv) was enrolled in an institution or educational unit of the state university in the fall semester or quarter of the two thousand ten-two thousand eleven academic year and was authorized by such institution or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state.

A student without lawful immigration status shall also be required to tile an affidavit with such institutions or educational unit stating that the student has filed an application to legalize his or her immi- gration status, or will file such an application as soon as he or she is eligible to do so.

3. Section 6305 of the education law is amended by adding a new subdivi- sion 8-a to read as follows:

8-a The payment of tuition and other fees and charges of a student who is attending a community college and who is without lawful immigration status or is an undocumented person may be reduced by state-,aided programs, scholarships and other financial assistance awarded under the provisions of article thirteen, thirteen-A, fourteen and fourteen-A of this chapter, if such student:

(i) is otherwise eligible to receive such award; and

(ii) attended an approved New York high school for two or more years, graduated from an approved New York high school and applied for attend- ance at an institution or educational unit of the state university with- in five years of receiving a New York state high school diploma; or

(iii) attended an approved New York State program for general equivalen- cy diploma exam preparation, received a general equivalency diploma issued within New York and applied for attendance at an institution or educational unit of the state university within five years of receiving a general equivalency diploma issued within New York state; or

(iv) was enrolled in an institution or educational unit of the state university in the fall semester or quarter of the two thousand ten-two thousand eleven academic year and was authorized by such institution or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state.

A student without lawful immigration status shall also be required to file an affidavit with such institution or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligi- ble to do so.

Justification

New York State is currently home to more than one and one-half million undocumented persons. These individuals contribute to the cultural diversity of our State and help to stimulate our economy. As a state of immigrants, New York State has a special obligation to assist those who, like our ancestors, have come to our country to seek a better way of life. undocumented persons are especially vulnerable to exploitation and suffering from substandard education, housing, and health care.

Prior legislative history

2005/06: A.6408 2007/08: A.4653 Referred to Higher Education

Fiscal implications

None.

Effective date

This act shall take effect July 1, 2014.