STATE OF NEW YORK ________________________________________________________________________ 9185 IN SENATE October 22, 2018 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law, in relation to creating the New York DREAM fund commission; eligibility requirements and conditions govern- ing general awards, academic performance awards and student loans; eligibility requirements for assistance under the higher education opportunity programs and the collegiate science and technology entry program; financial aid opportunities for students of the state univer- sity of New York, the city university of New York and community colleges; and the program requirements for the New York state college choice tuition savings program; and to repeal subdivision 3 of section 661 of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 state DREAM act". 3 § 2. The education law is amended by adding a new section 609-a to 4 read as follows: 5 § 609-a. New York DREAM fund commission. 1. (a) There shall be 6 created a New York DREAM fund commission which shall be committed to 7 advancing the educational opportunities of the children of immigrants. 8 (b) The New York DREAM fund commission shall be composed of twelve 9 members to be appointed as follows: 10 (i) Four members shall be appointed by the governor; 11 (ii) Three members shall be appointed by the temporary president of 12 the senate; 13 (iii) Three members shall be appointed by the speaker of the assembly; 14 (iv) One member shall be appointed by the minority leader of the 15 senate; 16 (v) One member shall be appointed by the minority leader of the assem- 17 bly; 18 (c) To the extent practicable, members of such commission shall 19 reflect the racial, ethnic, gender, language, and geographic diversity 20 of the state. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00057-11-8

S. 9185 2 1 (d) To the extent practicable, members of such commission shall 2 include college and university administrators and faculty, and other 3 individuals committed to advancing the educational opportunities of the 4 children of immigrants. 5 (e) Members of the New York DREAM fund commission shall receive no 6 compensation for their services. 7 2. (a) The New York DREAM fund commission shall have the power to: 8 (i) Administer the provisions of this section; 9 (ii) Create and raise funds for the New York DREAM fund; 10 (iii) Establish a not-for-profit entity charged with the responsibil- 11 ity of raising funds for the administration of this section and any 12 educational or training programs such commission is tasked with adminis- 13 trating and funding scholarships to students who are children of immi- 14 grants to the United States; 15 (iv) Publicize the availability of such scholarships from the New York 16 DREAM fund; 17 (v) Develop criteria and a selection process for the recipients of 18 scholarships from the New York DREAM fund; 19 (vi) Research issues pertaining to the availability of assistance with 20 the costs of higher education for the children of immigrants and other 21 issues regarding access for and the performance of the children of immi- 22 grants within higher education; 23 (vii) Establish, publicize, and administer training programs for high 24 school counselors, admissions officers, and financial aid officers of 25 institutions of higher education. The training programs shall instruct 26 participants on the educational opportunities available to college-bound 27 students who are the children of immigrants, including, but not limited 28 to, in-state tuition and scholarship programs. To the extent practica- 29 ble, the New York DREAM fund commission shall offer the training program 30 to school districts and boards of cooperative educational services 31 throughout the state, provided however, that priority shall be given to 32 school districts and boards of cooperative educational services with 33 larger number of students who are the children of immigrants over school 34 districts and boards of cooperative educational services with lesser 35 number of students who are the children of immigrants; 36 (viii) Establish a public awareness campaign regarding educational 37 opportunities available to college bound students who are the children 38 of immigrants; and 39 (ix) Establish, by rule, procedures for accepting and evaluating 40 applications for scholarships from the children of immigrants and issu- 41 ing scholarships to selected student applicants; 42 (b) To receive a scholarship pursuant to this section, a student 43 applicant must meet the following qualifications: 44 (i) Have resided with his or her parents or guardians while attending 45 a public or private high school in this state; 46 (ii) Have graduated from a public or private high school or received 47 the equivalent of a high school diploma in this state; 48 (iii) Have attended a public or private high school in this state for 49 at least two years as of the date he or she graduated from high school 50 or received the equivalent of a high school diploma; 51 (iv) Have at least one parent or guardian who immigrated to the United 52 States. 53 (c) The New York DREAM fund commission and the New York DREAM fund 54 shall be funded entirely by private contributions and no state funds 55 shall be appropriated to or used by the New York DREAM fund. No funds 56 of the New York DREAM fund or the New York DREAM fund commission shall

S. 9185 3 1 be transferred to the general fund or any special revenue fund or shall 2 be used for any purpose other than the purposes set forth in this 3 section. 4 3. The New York DREAM fund commission and the New York DREAM fund 5 shall be subject to the provisions of articles six and seven and section 6 seventy-four of the public officers law. 7 § 3. Subdivision 3 of section 661 of the education law is REPEALED. 8 § 4. Paragraph a of subdivision 5 of section 661 of the education law, 9 as amended by chapter 466 of the laws of 1977, is amended to read as 10 follows: 11 a. (i) Except as provided in subdivision two of section six hundred 12 seventy-four of this part and subparagraph (ii) of this paragraph, an 13 applicant for an award at the undergraduate level of study must either 14 [~~(i)~~] (a) have been a legal resident of the state for at least one year 15 immediately preceding the beginning of the semester, quarter or term of 16 attendance for which application for assistance is made, or [~~(ii)~~] (b) 17 be a legal resident of the state and have been a legal resident during 18 his last two semesters of high school either prior to graduation, or 19 prior to admission to college. Provided further that persons shall be 20 eligible to receive awards under section six hundred sixty-eight or 21 section six hundred sixty-nine of this part who are currently legal 22 residents of the state and are otherwise qualified. 23 (ii) An applicant who is not a legal resident of the state eligible 24 pursuant to subparagraph (i) of this paragraph, but is a United States 25 citizen, a permanent lawful resident, a lawful non-immigrant alien or an 26 applicant without lawful immigration status shall be eligible for an 27 award at the undergraduate level of study provided that the student: 28 (a) attended a registered New York state high school for two or more 29 years, graduated from a registered New York state high school and 30 applied for attendance at the institution of higher education for the 31 undergraduate study for which an award is sought within five years of 32 receiving a New York state high school diploma; or 33 (b) attended an approved New York state program for a state high 34 school equivalency diploma, received a state high school equivalency 35 diploma and applied for attendance at the institution of higher educa- 36 tion for the undergraduate study for which an award is sought within 37 five years of receiving a state high school equivalency diploma; or 38 (c) is otherwise eligible for the payment of tuition and fees at a 39 rate no greater than that imposed for resident students of the state 40 university of New York, the city university of New York or community 41 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 42 sion two of section three hundred fifty-five or paragraph (a) of subdi- 43 vision seven of section sixty-two hundred six of this chapter. 44 Provided, further, that a student without lawful immigration status 45 shall also be required to file an affidavit with such institution of 46 higher education stating that the student has filed an application to 47 legalize his or her immigration status, or will file such an application 48 as soon as he or she is eligible to do so. 49 § 5. Paragraph b of subdivision 5 of section 661 of the education law, 50 as amended by chapter 466 of the laws of 1977, is amended to read as 51 follows: 52 b. [An] (i) Except as otherwise provided in subparagraph (ii) of this 53 paragraph, an applicant for an award at the graduate level of study must 54 either [~~(i)~~] (a) have been a legal resident of the state for at least 55 one year immediately preceding the beginning of the semester, quarter or 56 term of attendance for which application for assistance is made, or

S. 9185 4 1 [~~(ii)~~] (b) be a legal resident of the state and have been a legal resi- 2 dent during his last academic year of undergraduate study and have 3 continued to be a legal resident until matriculation in the graduate 4 program. 5 (ii) An applicant who is not a legal resident of the state eligible 6 pursuant to subparagraph (i) of this paragraph, but is a United States 7 citizen, a permanent lawful resident, a lawful non-immigrant alien or an 8 applicant without lawful immigration status shall be eligible for an 9 award at the graduate level of study provided that the student: 10 (a) attended a registered approved New York state high school for two 11 or more years, graduated from a registered New York state high school 12 and applied for attendance at the institution of higher education for 13 the graduate study for which an award is sought within ten years of 14 receiving a New York state high school diploma; or 15 (b) attended an approved New York state program for a state high 16 school equivalency diploma, received a state high school equivalency 17 diploma and applied for attendance at the institution of higher educa- 18 tion for the graduate study for which an award is sought within ten 19 years of receiving a state high school equivalency diploma; or 20 (c) is otherwise eligible for the payment of tuition and fees at a 21 rate no greater than that imposed for resident students of the state 22 university of New York, the city university of New York or community 23 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 24 sion two of section three hundred fifty-five or paragraph (a) of subdi- 25 vision seven of section sixty-two hundred six of this chapter. 26 Provided, further, that a student without lawful immigration status 27 shall also be required to file an affidavit with such institution of 28 higher education stating that the student has filed an application to 29 legalize his or her immigration status, or will file such an application 30 as soon as he or she is eligible to do so. 31 § 6. Paragraph d of subdivision 5 of section 661 of the education law, 32 as amended by chapter 844 of the laws of 1975, is amended to read as 33 follows: 34 d. If an applicant for an award allocated on a geographic basis has 35 more than one residence in this state, his or her residence for the 36 purpose of this article shall be his or her place of actual residence 37 during the major part of the year while attending school, as determined 38 by the commissioner; and further provided that an applicant who does not 39 have a residence in this state and is eligible for an award pursuant to 40 subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of 41 this subdivision shall be deemed to reside in the geographic area of the 42 institution of higher education in which he or she attends for purposes 43 of an award allocated on a geographic basis. 44 § 7. Paragraph e of subdivision 5 of section 661 of the education law, 45 as added by chapter 630 of the laws of 2005, is amended to read as 46 follows: 47 e. Notwithstanding any other provision of this article to the contra- 48 ry, the New York state [~~residency~~] eligibility [~~requirement~~] require- 49 ments for receipt of awards [is] set forth in paragraphs a and b of this 50 subdivision are waived for a member, or the spouse or dependent of a 51 member, of the armed forces of the United States on full-time active 52 duty and stationed in this state. 53 § 8. Paragraph h of subdivision 2 of section 355 of the education law 54 is amended by adding a new subparagraph 10 to read as follows: 55 (10) Such regulations shall further provide that any student who is 56 not a legal resident of New York state but is a United States citizen, a

S. 9185 5 1 permanent lawful resident, a lawful non-immigrant alien or an applicant 2 without lawful immigration status may have the payment of tuition and 3 other fees and charges reduced by state-aided programs, scholarships or 4 other financial assistance awarded under the provisions of articles 5 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided 6 that the student meets the requirements set forth in subparagraph (ii) 7 of paragraph a or subparagraph (ii) of paragraph b of subdivision five 8 of section six hundred sixty-one of this chapter, as applicable. 9 § 9. Subdivision 7 of section 6206 of the education law is amended by 10 adding a new paragraph (e) to read as follows: 11 (e) The trustees shall further provide that any student who is not a 12 legal resident of New York state but is a United States citizen, a 13 permanent lawful resident, a lawful non-immigrant alien or an applicant 14 without lawful immigration status may have the payment of tuition and 15 other fees and charges reduced by state-aided programs, scholarships or 16 other financial assistance awarded under the provisions of articles 17 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided 18 that the student meets the requirements set forth in subparagraph (ii) 19 of paragraph a or subparagraph (ii) of paragraph b of subdivision five 20 of section six hundred sixty-one of this chapter, as applicable. 21 § 10. Section 6305 of the education law is amended by adding a new 22 subdivision 8-a to read as follows: 23 8-a. The payment of tuition and other fees and charges of a student 24 who is attending a community college and who is not a legal resident of 25 New York state but is a United States citizen, a permanent lawful resi- 26 dent, a lawful non-immigrant alien or an applicant without lawful immi- 27 gration status may be reduced by state-aided programs, scholarships and 28 other financial assistance awarded under the provisions of articles 29 thirteen, thirteen-A, fourteen and fourteen-A of this chapter, provided 30 that the student meets the requirements set forth in subparagraph (ii) 31 of paragraph a or subparagraph (ii) of paragraph b of subdivision five 32 of section six hundred sixty-one of this chapter, as applicable. 33 § 11. Paragraph d of subdivision 3 of section 6451 of the education 34 law, as amended by chapter 494 of the laws of 2016, is amended to read 35 as follows: 36 d. Any necessary supplemental financial assistance, which may include 37 the cost of books and necessary maintenance for such enrolled students, 38 including students without lawful immigration status provided that the 39 student meets the requirements set forth in subparagraph (ii) of para- 40 graph a or subparagraph (ii) of paragraph b of subdivision five of 41 section six hundred sixty-one of this chapter, as applicable; provided, 42 however, that such supplemental financial assistance shall be furnished 43 pursuant to criteria promulgated by the commissioner with the approval 44 of the director of the budget; 45 § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452 46 of the education law, as added by chapter 917 of the laws of 1970, is 47 amended to read as follows: 48 (v) Any necessary supplemental financial assistance, which may include 49 the cost of books and necessary maintenance for such students, including 50 students without lawful immigration status provided that the student 51 meets the requirements set forth in subparagraph (ii) of paragraph a or 52 subparagraph (ii) of paragraph b of subdivision five of section six 53 hundred sixty-one of this chapter, as applicable; provided, however, 54 that such supplemental financial assistance shall be furnished pursuant 55 to criteria promulgated by such universities and approved by the regents 56 and the director of the budget.

S. 9185 6 1 § 13. Paragraph (a) of subdivision 2 of section 6455 of the education 2 law, as added by chapter 285 of the laws of 1986, is amended to read as 3 follows: 4 (a) (i) Undergraduate science and technology entry program moneys may 5 be used for tutoring, counseling, remedial and special summer courses, 6 supplemental financial assistance, program administration, and other 7 activities which the commissioner may deem appropriate. To be eligible 8 for undergraduate collegiate science and technology entry program 9 support, a student must be a resident of New York [~~who is~~], or meet the 10 requirements of subparagraph (ii) of this paragraph, and must be either 11 economically disadvantaged or from a minority group historically under 12 represented in the scientific, technical, health and health-related 13 professions, and [~~who demonstrates~~] must demonstrate interest in and a 14 potential for a professional career if provided special services. Eligi- 15 ble students must be in good academic standing, enrolled full time in an 16 approved, undergraduate level program of study, as defined by the 17 regents. 18 (ii) An applicant who is not a legal resident of New York state, but 19 who is a United States citizen, a permanent lawful resident, a lawful 20 non-immigrant alien or an applicant without lawful immigration status, 21 shall be eligible for an award at the undergraduate level of study 22 provided that the student: 23 (1) attended a registered New York state high school for two or more 24 years, graduated from a registered New York state high school and 25 applied for attendance at the institution of higher education for the 26 undergraduate study for which an award is sought within five years of 27 receiving a New York state high school diploma; or 28 (2) attended an approved New York state program for a state high 29 school equivalency diploma, received a state high school equivalency 30 diploma and applied for attendance at the institution of higher educa- 31 tion for the undergraduate study for which an award is sought within 32 five years of receiving a state high school equivalency diploma; or 33 (3) is otherwise eligible for the payment of tuition and fees at a 34 rate no greater than that imposed for resident students of the state 35 university of New York, the city university of New York or community 36 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 37 sion two of section three hundred fifty-five or paragraph (a) of subdi- 38 vision seven of section sixty-two hundred six of this chapter. 39 Provided, further, that a student without lawful immigration status 40 shall also be required to file an affidavit with such institution of 41 higher education stating that the student has filed an application to 42 legalize his or her immigration status, or will file such an application 43 as soon as he or she is eligible to do so. 44 § 14. Paragraph (a) of subdivision 3 of section 6455 of the education 45 law, as added by chapter 285 of the laws of 1986, is amended to read as 46 follows: 47 (a) (i) Graduate science and technology entry program moneys may be 48 used for recruitment, academic enrichment, career planning, supplemental 49 financial assistance, review for licensing examinations, program admin- 50 istration, and other activities which the commissioner may deem appro- 51 priate. To be eligible for graduate collegiate science and technology 52 entry program support, a student must be a resident of New York [~~who~~ 53 is], or meet the requirements of subparagraph (ii) of this paragraph, 54 and must be either economically disadvantaged or from a minority group 55 historically underrepresented in the scientific, technical and health- 56 related professions. Eligible students must be in good academic stand-

S. 9185 7 1 ing, enrolled full time in an approved graduate level program, as 2 defined by the regents. 3 (ii) An applicant who is not a legal resident of New York state, but 4 either is a United States citizen, a permanent lawful resident, a lawful 5 non-immigrant alien or an applicant without lawful immigration status 6 shall be eligible for an award at the graduate level of study provided 7 that the student: 8 (1) attended a registered approved New York state high school for two 9 or more years, graduated from a registered New York state high school 10 and applied for attendance at the institution of higher education for 11 the graduate study for which an award is sought within ten years of 12 receiving a New York state high school diploma; or 13 (2) attended an approved New York state program for a state high 14 school equivalency diploma, received a state high school equivalency 15 diploma and applied for attendance at the institution of higher educa- 16 tion for the graduate study for which an award is sought within ten 17 years of receiving a state high school equivalency diploma; or 18 (3) is otherwise eligible for the payment of tuition and fees at a 19 rate no greater than that imposed for resident students of the state 20 university of New York, the city university of New York or community 21 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 22 sion two of section three hundred fifty-five or paragraph (a) of subdi- 23 vision seven of section sixty-two hundred six of this chapter. 24 Provided, further, that a student without lawful immigration status 25 shall also be required to file an affidavit with such institution of 26 higher education stating that the student has filed an application to 27 legalize his or her immigration status, or will file such an application 28 as soon as he or she is eligible to do so. 29 § 15. Subparagraph (i) of paragraph a of subdivision 2 of section 30 695-e of the education law, as amended by chapter 593 of the laws of 31 2003, is amended to read as follows: 32 (i) the name, address and social security number [or], employer iden- 33 tification number, or individual taxpayer identification number of the 34 account owner unless a family tuition account that was in effect prior 35 to the effective date of the chapter of the laws of two thousand eigh- 36 teen that amended this subparagraph does not allow for a taxpayer iden- 37 tification number, in which case a taxpayer identification number shall 38 be allowed upon the expiration of the contract; 39 § 16. Subparagraph (iii) of paragraph a of subdivision 2 of section 40 695-e of the education law, as amended by chapter 593 of the laws of 41 2003, is amended to read as follows: 42 (iii) the name, address, and social security number, employer iden- 43 tification number, or individual taxpayer identification number of the 44 designated beneficiary, unless a family tuition account that was in 45 effect prior to the effective date of the chapter of the laws of two 46 thousand eighteen that amended this subparagraph does not allow for a 47 taxpayer identification number, in which case a taxpayer identification 48 number shall be allowed upon the expiration of the contract; and 49 § 17. The president of the higher education services corporation, in 50 consultation with the commissioner of education, shall establish an 51 application form and procedures that shall allow a student applicant 52 that meets the requirements set forth in subparagraph (ii) of paragraph 53 (a) or subparagraph (ii) of paragraph b of subdivision 5 of section 661 54 of the education law to apply directly to the higher education services 55 corporation or education department for applicable awards without having 56 to submit information to any other state or federal agency. All informa-

S. 9185 8 1 tion contained within the applications filed with such corporation or 2 department shall be deemed confidential. 3 § 18. This act shall take effect immediately; provided, however, that: 4 (a) section two of this act shall take effect January 1, 2019; 5 (b) sections fifteen and sixteen of this act shall take effect on the 6 ninetieth day after it shall have become a law; provided, however, that 7 any rule or regulation necessary for the timely implementation of this 8 act on its effective date shall be promulgated on or before such effec- 9 tive date; and 10 (c) sections three through fourteen and section seventeen of this act 11 shall take effect on the ninetieth day after the issuance of regulations 12 and the development of an application form by the president of the high- 13 er education services corporation and commissioner of education or on 14 the ninetieth day after it shall have become a law, whichever shall be 15 later; provided, further, however that effective immediately the addi- 16 tion, amendment and/or repeal of any rule or regulation necessary for 17 the implementation of this act on its effective date are authorized and 18 directed to be made and completed on or before such date; provided, 19 further, however, that the president of the higher education services 20 corporation and the commissioner of education shall notify the legisla- 21 tive bill drafting commission upon the occurrence of the issuance of the 22 regulations and the development of an application form in order that the 23 commission may maintain an accurate and timely effective data base of 24 the official text of the laws of the state of New York in furtherance of 25 effectuating the provisions of section 44 of the legislative law and 26 section 70-b of the public officers law.

Enacts the New York state DREAM Act; repealer

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