Relates to the 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 § 661(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. Sections 2-a, 2-b, 2c, 2-d, 2-e and 2-f of the bill would amend Education Law §§ 608(1), 666(2), 668-d(1), 668- e(a)(1), 668-f(1) and 679-a(2) to delete any references to Education Law § 661(3).

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 diploma; (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. In that case, the non-resident 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 graduate 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 graduate 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 amends Education Law § 6455(2)(a) to allow an applicant for the undergraduate 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 state high school equivalency 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 graduate 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 graduate study for which an award is sought within 10 years of receiving a high school diploma; (2) attended an approved program for a state high school equivalency diploma, received a high school equivalency diploma and applied for attendance at the institution of higher education for the graduate 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: This bill would honor New York's long history of providing broad access to educational opportunities by making state financial aid available to undocumented students. The state's investment in undocumented student's P-12 education should continue by ensuring that when they are ready for college, they will have an opportunity to pursue their aspiration. It makes moral and economic sense to allow them to become full participants in New York's economy by eliminating barriers to higher education.

An estimated 345,000 (11.7 percent) of K-12 public school students in New York are children of undocumented immigrants. From available data, approximately 2,000 undocumented students who grew up in New York attend the City University of New York, in part because current law allows them to attend New York public colleges at in-state 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. 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 (i.e., general awards and academic performance awards). Denying them aid means denying them access to higher education. The bill eliminates this barrier and would allow eligible undocumented students 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 non-residents 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 undocumented students to demonstrate that they have taken appropriate steps to legalize their immigration status.

The bill also allows undocumented non-resident students 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.

The bill also expands access to public and private colleges and universities within the state by enabling undocumented students to open a family tuition account and/or to be a designated beneficiary of such account, except in limited exceptions.

Our society and our economic growth depend on a vibrant, well-educated workforce, but right now many 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 too often forced into the shadows of poverty.

Budgetary Implications of the Bill: This bill would allow certain undocumented students to access the Tuition Assistance Program (TAP). Currently, the maximum TAP award for students attending four year colleges is $5,000 and the maximum TAP award for students attending community colleges is the tuition at community colleges in the state. The costs of this bill would depend on the number of undocumented students that choose to apply for TAP grants as well as the level of their TAP award. In 2011-12, the average TAP award was $2,400.

Prior Legislative History: In 2012, this bill was introduced by the Assembly as A.9344, was referred to the Higher Education Committee and no further action was taken. It was also introduced by the Senate as 5.6621 and was referred to the Rules Committee and no further action was taken.

Effective Date: This act would take effect July 1, 2013; provided, however, that the amendments to Education Law § 679-a made by section 2-f of the bill shall not affect the repeal of such section and shall be deemed to repeal therewith.