S 1024: Provides that certain persons who are not residents of the state but who have resided in the state for a certain period of time and meet certain criteria shall be eligible for in-state tuition rates.

  
  STATE OF NEW YORK ________________________________________________________________________ 1024 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to tuition rates for certain students who are not residents of the state but who have resided in the state for a certain period of time The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph 8 of paragraph h of subdivision 2 of section 2 355 of the education law, as amended by chapter 669 of the laws of 2022, 3 is amended to read as follows: 4 (8) Such regulations shall further provide that the payment of tuition 5 and fees by any student who is not a resident of New York state[, other 6 than a non-immigrant noncitizen within the meaning of paragraph (15) of 7 subsection (a) of section 1101 of title 8 of the United States Code,] 8 shall be paid at a rate or charge no greater than that imposed for 9 students who are residents of the state if such student[: 10 (i) attended an approved New York high school for two or more years, 11 graduated from an approved New York high school and applied for attend- 12 ance at an institution or educational unit of the state university with- 13 in five years of receiving a New York state high school diploma; or 14 (ii) attended an approved New York state program for general equiv- 15 alency diploma exam preparation, received a general equivalency diploma 16 issued within New York state and applied for attendance at an institu- 17 tion or educational unit of the state university within five years of 18 receiving a general equivalency diploma issued within New York state; or 19 (iii) was enrolled in an institution or educational unit of the state 20 university in the fall semester or quarter of the two thousand one--two 21 thousand two academic year and was authorized by such institution or 22 educational unit to pay tuition at the rate or charge imposed for 23 students who are residents of the state. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02949-01-5 
 S. 1024 2 1 A student without lawful immigration status shall also be required to 2 file an affidavit with such institution or educational unit stating that 3 the student has filed an application to legalize his or her immigration 4 status, or will file such an application as soon as he or she is eligi- 5 ble to do so] has resided in the state for a period of at least one year 6 and in the county, city, town, intermediate school district, school 7 district or community college region, as the case may be, for a period 8 of at least six months, both immediately preceding the date of such 9 person's registration in a state-operated institution, a statutory or 10 contract college, a community college, or such student's application for 11 a certificate of residence. 12 § 2. Subdivision 5 of section 6301 of the education law, as amended by 13 chapter 327 of the laws of 2002, the opening paragraph as amended by 14 chapter 669 of the laws of 2022, is amended to read as follows: 15 5. "Resident." A person who has resided in the state for a period of 16 at least one year and in the county, city, town, intermediate school 17 district, school district or community college region, as the case may 18 be, for a period of at least six months, [both] or whichever is earlier, 19 immediately preceding the date of such person's registration in a state- 20 operated institution, a statutory or contract college, or a community 21 college or, for the purposes of section sixty-three hundred five of this 22 article, [his or her] such person's application for a certificate of 23 residence[; provided, however, that this term shall include any student 24 who is not a resident of New York state, other than a non-immigrant 25 noncitizen within the meaning of paragraph (15) of subsection (a) of 26 section 1101 of title 8 of the United States Code, if such student: 27 (i) attended an approved New York high school for two or more years, 28 graduated from an approved New York high school and applied for attend- 29 ance at an institution or educational unit of the state university with- 30 in five years of receiving a New York state high school diploma; or 31 (ii) attended an approved New York state program for general equiv- 32 alency diploma exam preparation, received a general equivalency diploma 33 issued within New York state and applied for attendance at an institu- 34 tion or educational unit of the state university within five years of 35 receiving a general equivalency diploma issued within New York state; or 36 (iii) was enrolled in an institution or educational unit of the state 37 university in the fall semester or quarter of the two thousand one--two 38 thousand two academic year and was authorized by such institution or 39 educational unit to pay tuition at the rate or charge imposed for 40 students who are residents of the state. 41 Provided, further, that a student without lawful immigration status 42 shall also be required to file an affidavit with such institution or 43 educational unit stating that the student has filed an application to 44 legalize his or her immigration status, or will file such an application 45 as soon as he or she is eligible to do so]. The term "resident" shall 46 also include a person who has resided in the county, city, town, inter- 47 mediate school district, school district or community college region, as 48 the case may be, for a period of at least six months immediately preced- 49 ing the date of such person's registration in a state-operated institu- 50 tion, a statutory or contract college, a community college, or such 51 person's application for a certificate of residence and the date of such 52 person's registration in a state-operated institution, a statutory or 53 contract college, or a community college or, for the purposes of section 54 sixty-three hundred five of this article, such person's application for 55 a certificate of residence if such person can show the following 56 documentation: 
 S. 1024 3 1 (i) an employment authorization document (EAD or work permit) (I-766) 2 with the following codes: (A)(3) for refugee, (A)(5) for asylee, and 3 (A)(10) for withholding of deportation or removal; 4 (ii) an I-94 arrival/departure record with an employment authorization 5 stamp and the notation "asylum granted" or "refugee granted"; and 6 (iii) a decision from the United States citizenship and immigration 7 services or the immigration judge granting asylum or withholding of 8 deportation or removal. 9 In the event that a person qualified as above for state residence, but 10 has been a resident of two or more counties in the state during the six 11 months immediately preceding [his] such person's application for a 12 certificate of residence pursuant to section sixty-three hundred five of 13 this chapter, the charges to the counties of residence shall be allo- 14 cated among the several counties proportional to the number of months, 15 or major fraction thereof, of residence in each county. 16 § 3. This act shall take effect immediately.