NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A940
SPONSOR: Mamdani TITLE OF BILL:
An act to amend the education law, in relation to establishing an
appeals process for students denied the state resident tuition rate at a
public college or university
PURPOSE OR GENERAL ID A OF BILL:
To establish an appeals process for students who are denied the state
resident tuition rate at any public university or college.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Establishes an appeals process for students, regardless of
their immigration status, denied the state resident tuition rate in the
state university system.
Section 2. Establishes an appeals process for students, regardless of
their immigration status, denied the state resident tuition rate in the
New York City university system.
Section 3. Establishes an appeals process for students, regardless of
their immigration status, denied the state resident tuition rate in the
statutory community college system.
JUSTIFICATION:
Many immigrant high school students have lived in the state of New York
most of their lives. These students may nevertheless be precluded from
obtaining an affordable college education because they do not qualify
for instate tuition rates - since tuition costs for non-residents far
exceed the cost for residents, many of these students are not able to
attend college.
These students have already proven their academic eligibility and merit
with their acceptance to institutions of higher education. Making it
possible for these students to attend college through an appeals process
will ensure opportunities are available to our youth.
PRIOR LEGISLATIVE HISTORY:
2023-2024: A4655/S6129
2022: A9729
2021: A3111/ S5047
2019-2020: A2992/S 4786
2017-2018: A6977A
2015-2016: A5900A/S 1928A
2013-2014: A 4424A/S 2835A
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after which it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
940
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. MAMDANI -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to establishing an
appeals process for students denied the state resident tuition rate at
a public college or university
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 355 of the education law is amended by adding a new
2 subdivision 22 to read as follows:
3 22. The state university trustees shall require that each institution
4 of the state university establish an appeals process for any student,
5 regardless of such student's immigration status, who has been denied the
6 state resident tuition rate for attending such institution. Each insti-
7 tution shall establish a reasonable time period for the filing of an
8 appeal after a prospective student has received written notification of
9 a denial of the state resident tuition rate and a reasonable time period
10 for the institution to respond to such an appeal. Information on the
11 right to such appeal and such appeals process shall be posted on the
12 institution's website.
13 § 2. Section 6206 of the education law is amended by adding a new
14 subdivision 24 to read as follows:
15 24. The board of trustees shall require that each institution of the
16 city university establish an appeals process for any student, regardless
17 of such student's immigration status, who has been denied the state
18 resident tuition rate for attending such institution. Each institution
19 shall establish a reasonable time period for the filing of an appeal
20 after a prospective student has received written notification of a
21 denial of the state resident tuition rate and a reasonable time period
22 for the institution to respond to such an appeal. Information on the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00147-01-5
A. 940 2
1 right to such appeal and such appeals process shall be posted on the
2 institution's website.
3 § 3. Section 6306 of the education law is amended by adding a new
4 subdivision 12 to read as follows:
5 12. The board of trustees of each community college shall establish an
6 appeals process for any student, regardless of such student's immi-
7 gration status, who has been denied the state resident tuition rate for
8 attending such community college. The board of trustees of each communi-
9 ty college shall establish a reasonable time period for the filing of an
10 appeal after a prospective student has received written notification of
11 a denial of the state resident tuition rate and a reasonable time period
12 for the community college to respond to such an appeal. Information on
13 the right to such appeal and such appeals process shall be posted on the
14 community college's website.
15 § 4. This act shall take effect on the sixtieth day after it shall
16 have become a law.
