Enacts the New York state DREAM Act; repealer

Finally this bill would eliminate barriers for immigrant aliens to save for their families higher education expenses by allowing such individuals to open a New York State 529 family tuition account under the New York State College Tuition Savings Program and/or be a designated beneficiary on an account if they have a taxpayer identification number.

Summary of specific provisions

Section 1 entitles the bill the "New York State DREAM Act".

Section 2 of the bill would add a new Education Law § 609 to create a DREAM fund commission and a DREAM fund. The commission, whose members are appointed by the Executive and Legislature, would raise money for the DREAM-fund in order to provide scholarships to college bound children who are the children of immigrants. The commission would be required to establish the criteria for the scholarships, to create and publicize a training program for education professionals, and to develop a public awareness campaign for the DREAM fund awards. Neither the commission nor the fund would receive state funding or aid. The commission would be subject to the Freedom of Information Law, the Open Meetings Law, and the code of ethics in section 74 of the Public Officers Law.

Section 3 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.

Section 4 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 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)(1)(8) or § 6206(7)(a). Further, undocumented students would 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 5 of the bill would amend Education Law § 661(5)(6) 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 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 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 6 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 7 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 8 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. 14e, provided that the student meets the requirements in Education Law § S 661(5)(a) (ii) or (h)(ii).

Section 9 of the bill adds a new Education Law § 6206(7)(d) to make a conforming change for CUNY.

Section 10 of the bill adds a new Education Law § 6305(8-a) to make a conforming change for community colleges.

Sections 11 and 12 of the bill amend Education Law § 6451(3)(d) and 6452(4)(a)(v) to allow undocumented students 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 13 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: (I) 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) 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, undocumented students would 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 14 of the bill amends Education Law § 6455(3)(a) to make a conforming change for nonresident 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 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 10 years of receiving a state high school equivalency diploma: or (3) is otherwise eligible for the payment of tuition and lees 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 15 and 16 of the bill amends Education Law SS 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 17 would direct the president of the higher education services corporation (HESC), in consultation with the commissioner of education (SED), to establish an application form and procedures that allow a student applicant that meets the requirements to apply to HESC or SED for applicable awards without having to submit information to any other state or federal agency. All information contained within these applications would he deemed confidential.

Section 18 is the effective date.

Justification

Currently, New York enables hundreds of thousands of undocumented students to receive an 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, many 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. This bill would seek to ease the financial burden of the high cost of higher education by creating a commission and fund to raise money in order to provide scholarships to the children of immigrants as well as allowing 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, CUNY or other 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 in order to not violate federal law. 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 too often forced into the shadows of poverty and desperate existence.

This bill addresses the compelling need to maintain educational opportunities at SUNY and CUNY, 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 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 S 651.

Finally, the bill recognizes the importance of attracting hard-working undocumented students 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.

Prior legislative history

2013 Passed Assembly A.2597 2014 Lost in Senate A.2597-A 2014 Passed Assembly A.9640 2015 Passed Assembly A.4311

Fiscal implications

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 $5,165 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.

Effective date

This act shall take effect on: *January 1, 2017 for the DREAM Fund Commission: *90 days upon enactment for the New York State College Tuition Savings (529) Program; and *90 days upon issuance of regulations and the development of an application form by HESC and SED, or 90 days upon enactment, whichever shall be later.