S 5121: Removes the affidavit of the lawful immigration status requirement for certain students.

  
  STATE OF NEW YORK ________________________________________________________________________ 5121 2025-2026 Regular Sessions  IN SENATE February 19, 2025 ___________ Introduced by Sens. JACKSON, MAYER, SEPULVEDA -- 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 affidavits of the lawful immigration status of certain students; and to repeal certain provisions 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. The closing paragraph paragraph a and the closing paragraph 2 of paragraph b of subdivision 5 of section 661 of the education law are 3 REPEALED. 4 § 2. The closing paragraph of subparagraph (i) of paragraph (a) of 5 subdivision 7 of section 6206 of the education law, as amended by 6 section 3 of part B of chapter 56 of the laws of 2023, is amended to 7 read as follows: 8 [A student without lawful immigration status shall also be required to 9 file an affidavit with such institution or educational unit stating that 10 the student has filed an application to legalize his or her immigration 11 status, or will file such an application as soon as he or she is eligi- 12 ble to do so.] The trustees shall not adopt changes in tuition charges 13 prior to the enactment of the annual budget. The board of trustees may 14 accept as partial reimbursement for the education of veterans of the 15 armed forces of the United States who are otherwise qualified such sums 16 as may be authorized by federal legislation to be paid for such educa- 17 tion. The board of trustees may conduct on a fee basis extension courses 18 and courses for adult education appropriate to the field of higher 19 education. In all courses and courses of study it may, in its 20 discretion, require students to pay library, laboratory, locker, break- 21 age and other instructional and non-instructional fees and meet the cost 22 of books and consumable supplies. In addition to the foregoing fees and 23 charges, the board of trustees may impose and collect fees and charges EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01215-01-5 
 S. 5121 2 1 for student government and other student activities and receive and 2 expend them as agent or trustee. 3 § 3. The closing paragraph of paragraph (a-1) of subdivision 7 of 4 section 6206 of the education law, as amended by chapter 669 of the laws 5 of 2022, is amended to read as follows: 6 [A student without lawful immigration status shall also be required to 7 file an affidavit with such institution or educational unit stating that 8 the student has filed an application to legalize his or her immigration 9 status, or will file such an application as soon as he or she is eligi- 10 ble to do so.] Except as otherwise authorized in paragraph (a) of this 11 subdivision, the trustees shall not adopt changes in tuition charges 12 prior to the enactment of the annual budget. The board of trustees may 13 accept as partial reimbursement for the education of veterans of the 14 armed forces of the United States who are otherwise qualified such sums 15 as may be authorized by federal legislation to be paid for such educa- 16 tion. The board of trustees may conduct on a fee basis extension courses 17 and courses for adult education appropriate to the field of higher 18 education. In all courses and courses of study it may, in its 19 discretion, require students to pay library, laboratory, locker, break- 20 age and other instructional and non-instructional fees and meet the cost 21 of books and consumable supplies. In addition to the foregoing fees and 22 charges, the board of trustees may impose and collect fees and charges 23 for student government and other student activities and receive and 24 expend them as agent or trustee. 25 § 4. The second undesignated paragraph of subdivision 5 of section 26 6301 of the education law is REPEALED. 27 § 5. The closing paragraph of paragraph (a) of subdivision 2 and the 28 closing paragraph of paragraph (a) of subdivision 3 of section 6455 of 29 the education law are REPEALED. 30 § 6. This act shall take effect on the sixtieth day after it shall 31 have become a law; provided, however, that section two of this act shall 32 take effect on the same date as the reversion of paragraph (a) of subdi- 33 vision 7 of section 6206 of the education law as provided in section 16 34 of chapter 260 of the laws of 2011, as amended; provided further, howev- 35 er, that the amendments to paragraph (a-1) of subdivision 7 of section 36 6206 of the education law made by section three of this act shall not 37 affect the repeal of such paragraph and shall be deemed repealed there- 38 with.