State Legislation Supporting In-State Tuition and Financial Aid in New York

1. What is the current status of New York state legislation supporting in-state tuition and financial aid for residents?

As of October 2021, New York state has legislation in place to support in-state tuition and financial aid for residents.

2. What is the difference between in-state and out-of-state tuition?
In-state tuition is typically offered to students who are legal residents of the state where the college or university is located. Out-of-state tuition is usually higher and applies to students who are not legal residents of the state.

3. What are the benefits of in-state tuition?
The benefits of in-state tuition include lower costs for education, as well as eligibility for state-specific scholarships, grants, and financial aid programs. Additionally, students can potentially save on living expenses if they choose to attend a school close to their home.

4. How long does a student have to live in a state to qualify for in-state tuition?
This varies by state, but generally students must establish residency for at least 12 consecutive months before enrolling in school or applying for in-state status.

5. Who is eligible for New York’s Excelsior Scholarship?
Eligibility for the Excelsior Scholarship includes:

– Being a resident of New York state
– Attending a public college or university within the State University of New York (SUNY) or City University of New York (CUNY) system
– Meeting income requirements (currently less than $125,000 annually)
– Enrolling full-time and completing at least 30 credits per year
– Maintaining satisfactory academic progress

6. Can undocumented immigrants receive in-state tuition and financial aid in New York?
Yes, undocumented immigrants can receive in-state tuition and financial aid through certain programs such as the DREAM Act (Development Relief Education for Alien Minors Act) and through private scholarship opportunities specifically designated for undocumented students.

7. Are there any proposals to change New York’s current policies on in-state tuition and financial aid?
As with any legislation, there may be ongoing proposals and discussions to change or revise these policies. However, as of October 2021, there are no major proposals to change the current policies on in-state tuition and financial aid in New York.

2. How does New York state legislation ensure affordable higher education for local students through in-state tuition?


New York state legislation ensures affordable higher education for local students through in-state tuition by implementing the following measures:

1. Tuition Assistance Program (TAP): TAP provides need-based grants to eligible New York residents who attend approved schools in New York. This program helps cover a portion of tuition costs and is available to students pursuing degrees at both public and private institutions.

2. Excelsior Scholarship: This program covers full tuition costs at CUNY or SUNY schools for eligible students whose families earn less than $125,000 per year. It also has a residency requirement which means that recipients must live and work in New York after graduation for the same number of years that they received the scholarship.

3. Higher Education Opportunity Program (HEOP): HEOP provides financial assistance, academic counseling, and other support services to eligible disadvantaged students attending approved private colleges and universities in New York state.

4.Housing Assistance: Many public universities offer subsidized housing options for in-state students, making it more affordable for them to live on campus while attending school.

5. In-State Tuition Rates: New York offers lower tuition rates for students who are residents of the state compared to out-of-state students. This makes attending school in New York more affordable for local students.

6. Community College Affordability Plan: This plan allows community college students from families earning less than $125,000 per year to attend school tuition-free.

Overall, these measures help make higher education more accessible and affordable for local students in New York state by reducing their tuition costs and providing financial assistance if needed.

3. Which government agency is responsible for implementing and enforcing in-state tuition policies under New York state legislation?


The New York State Department of Education is responsible for implementing and enforcing in-state tuition policies under state legislation.

4. What are the eligibility requirements for students to qualify for in-state tuition under New York state legislation?


Under New York state legislation, students must meet the following eligibility requirements in order to qualify for in-state tuition:

1. Residence requirement: Students must have lived in New York state for at least 12 consecutive months prior to enrolling or re-enrolling in a higher education institution.

2. Purpose of residence: The student’s presence in New York must not be solely for the purpose of attending school. They must have established residency with the intent to make New York their permanent home.

3. Documentation of residency: Students must provide documentation to prove their physical presence and intent to make New York their permanent residence. This can include driver’s license, voter registration, lease agreements, and utility bills.

4. Financial independence: If the student is under 24 years old, they must demonstrate financial independence from their parents or legal guardians who reside outside of New York state.

5. Citizenship/immigration status: Students must be U.S. citizens, permanent residents, or eligible non-citizens with a valid visa.

6. High school graduation (or equivalent): Students must have graduated from a high school in New York or hold an equivalent diploma (such as a GED) earned in New York state.

7. Full-time enrollment: Students must be enrolled full-time (at least 12 credits per semester) at a qualifying institution.

8. Seeking degree/program completion: The student must be seeking a degree or certification program that is approved by the Board of Regents and leads to gainful employment.

9. Compliance with state laws: Students and their parents/legal guardians must comply with all applicable state tax laws regarding residency and filing taxes.

Note that meeting these eligibility requirements does not guarantee in-state tuition status as each institution may have its own policies for determining residency status for tuition purposes. It is important for students to check with their specific institution for further details and requirements.

5. Has there been an increase in enrollment of local students due to the implementation of in-state tuition under New York state legislation?


Yes, there has been an increase in enrollment of local students due to the implementation of in-state tuition under New York state legislation. According to a report by The Daily Orange, Syracuse University saw a 6.5% increase in enrollment of undergraduate students from New York state after implementing the Excelsior Scholarship, which provides free tuition for eligible students from families earning less than $125,000 per year. Additionally, SUNY and CUNY schools have also reported an increase in enrollment of local students since the implementation of this legislation.

6. How has the availability of financial aid under New York state legislation impacted the cost of attending college for in-state students?


The availability of financial aid under New York state legislation has had a significant impact on the cost of attending college for in-state students. This financial aid, which includes scholarships, grants, and tuition assistance programs, has helped to make higher education more affordable for many students and families.

One of the primary ways that this financial aid has impacted the cost of attending college is by reducing or eliminating the need for students to take out student loans. Loans often come with high interest rates and can leave students burdened with debt after graduation. With increased access to grants and scholarships through state legislation, students are able to cover a larger portion of their tuition costs without resorting to loans.

In addition, the Tuition Assistance Program (TAP) specifically targets in-state students by providing financial assistance based on income level. This means that lower-income families may receive enough aid through TAP to cover their entire tuition costs at a public college or university in New York.

Furthermore, some state legislation, such as the Excelsior Scholarship program, provides free tuition at certain public institutions for eligible in-state students. This has greatly reduced the cost of attendance for many New York residents and has made college more accessible for low-income families.

Overall, the availability of financial aid under New York state legislation has helped to lower the cost of attending college for in-state students and has made higher education more attainable for those who may not have been able to afford it otherwise.

7. Have other states modeled their own legislation regarding in-state tuition after New York’s successful policy?


Yes, several other states have modeled their in-state tuition policies after New York’s successful law. Some examples include California, Texas, and Rhode Island. However, each state’s legislation may have slight differences in eligibility requirements and benefits offered.

8. What steps has New York taken to ensure that only eligible residents receive in-state tuition benefits under this legislation?


New York has taken several steps to ensure that only eligible residents receive in-state tuition benefits under this legislation:

1. Proof of Residency: Students must provide evidence of residing in New York for at least two years before applying for in-state tuition benefits. This can include documents such as a driver’s license, lease agreement, utility bills, or tax returns.

2. Affidavit of Intent to Apply for Permanent Residency: Undocumented students must submit an affidavit stating their intent to apply for legal permanent residency as soon as they are eligible to do so. This requirement ensures that the law is intended for individuals who have a genuine interest in obtaining lawful immigration status.

3. Stronger Verification Process: The state university system has implemented a verification process through which schools must confirm the residency status of students before granting them in-state tuition.

4. Background Checks: Before receiving in-state tuition benefits, undocumented students must undergo background checks to ensure they have no previous criminal record and are not a threat to public safety.

5. Data Sharing Agreements: New York has entered into data sharing agreements between state agencies to verify information provided by applicants and prevent fraud.

6. Training Schools and Colleges: Institutions of higher education have received training on how to properly implement the law and identify students who may be considered eligible for in-state tuition.

7. Clear Guidelines and Procedures: New York has provided clear guidelines and procedures for schools and colleges on how to determine residency status and verify eligibility for in-state tuition benefits.

8. Oversight by Higher Education Services Corporation (HESC): HESC is responsible for implementing policies and procedures related to verifying student eligibility for the program, administering financial assistance, collecting data on participants, and overseeing compliance with the law.

Overall, these measures aim to ensure that only eligible residents receive in-state tuition benefits under this legislation while preventing any potential misuse or abuse of the program.

9. Does New York’s state legislation provide any exemptions or special considerations for undocumented or DACA-eligible students seeking in-state tuition?


Yes, New York’s state legislation does provide exemptions for undocumented and DACA-eligible students seeking in-state tuition. The New York State Education Law § 355(3)(a) states that a student who attended a high school in the state for at least two years and graduated or obtained an equivalency diploma may be eligible for in-state tuition regardless of their immigration status.

Additionally, the New York State DREAM Act, which was signed into law in 2019, allows undocumented students to apply for state financial aid and scholarships. This includes the Tuition Assistance Program (TAP) and other state-funded scholarship programs.

It is important to note that these provisions only apply to public colleges and universities within New York State. Private institutions may have different policies regarding undocumented and DACA-eligible students.

10. Are there any specific academic requirements that must be met by students seeking in-state tuition under New York state legislation?

Yes, students seeking in-state tuition under New York state legislation must meet the following academic requirements:

1. Attend a New York high school for at least two years and graduate from a New York high school, or receive a state-issued high school equivalency diploma that is based upon passing an examination approved by the State Education Department;

2. Enroll in an institution of higher education within five years of receiving their high school diploma or equivalency diploma;

3. Reside with their parent, legal guardian, spouse, or the student’s own child who is living with such person, while attending the institution;

4. Provide documentation of their application for permanent residency status or evidence that they have applied for U.S. citizenship, if applicable; and

5. Meet any additional eligibility requirements specified by individual institutions.

11. Has there been any opposition or pushback from out-of-state students or universities due to the implementation of this legislation regarding in-state tuition?


There has been some opposition from out-of-state students and universities regarding the implementation of in-state tuition legislation. Some out-of-state students have argued that giving in-state tuition rates to undocumented students is unfair and discriminates against them. They argue that they have to pay higher tuition rates because they are not residents of the state, while undocumented students who are also not residents are getting a financial advantage.

On the other hand, some universities have concerns about the potential impact on their budget and resources. In-state tuition rates are usually subsidized by the state government, so if more undocumented students are granted in-state tuition, it could strain university budgets and potentially lead to higher tuition for all students.

In response to these concerns, proponents of in-state tuition legislation argue that it benefits both the state and the country as a whole to educate undocumented students who have grown up in the state and contribute to its economy. They also point out that many states require undocumented students to attend high school for a certain number of years or graduate from a high school in the state in order to qualify for in-state tuition, which can create strong ties to the state.

The issue of whether non-resident citizens should receive in-state tuition has also been raised, as some believe that providing this benefit only to undocumented students is unfair. However, advocates for in-state tuition argue that it is necessary to provide this benefit specifically for undocumented students because they face greater financial barriers due to their immigration status.

12. How has New York’s economy and job market benefited from having more qualified local graduates with access to affordable higher education through this legislation?


The legislation has greatly benefited New York’s economy and job market in several ways:

1. Increased job opportunities: By providing access to affordable higher education, the legislation is producing a larger pool of qualified graduates who can compete for high-paying jobs in various industries. This leads to an increase in job opportunities, especially in sectors that require a highly educated workforce.

2. Attracting businesses: With a more educated workforce, the state becomes more attractive to businesses looking to invest or expand their operations. Employers are more likely to choose locations where they can find skilled workers, and the availability of affordable higher education makes New York an appealing destination for business owners.

3. Higher tax revenue: The increase in jobs and economic activity stimulated by the legislation also leads to an increase in tax revenue for the state. This additional revenue can be directed towards improving infrastructure, healthcare, and other public services, leading to further economic growth.

4. Retaining local talent: With access to affordable higher education, more students will choose to attend college within the state instead of seeking education elsewhere. This helps retain local talent and prevents brain drain, where high-achieving students leave the state for better educational opportunities.

5. Entrepreneurship and innovation: Many successful entrepreneurs have a college degree, making affordable higher education important for fostering entrepreneurship and innovation in New York. As graduates enter the workforce with less debt, they have greater freedom and resources to start their own businesses or pursue innovative ideas.

Overall, by providing access to affordable higher education, this legislation is boosting economic growth and creating a more competitive workforce in New York. It also helps tackle income inequality by providing equal opportunities for all individuals regardless of their financial background.

13. Have there been any challenges or limitations faced by institutions receiving funding from financial aid programs established by New York state legislation?


Yes, there have been several challenges and limitations faced by institutions receiving funding from financial aid programs established by New York state legislation. These include:

1. Limited funding: The amount of funding allocated for these programs is often limited, leading to insufficient resources for institutions to meet the needs of all students who are eligible for financial aid.

2. Lack of flexibility: Some programs have strict eligibility requirements that may exclude certain students or limit the types of expenses that can be covered, making it challenging for institutions to provide assistance to all students in need.

3. Compliance and administrative burden: Institutions must comply with various regulations and reporting requirements to receive and disburse funds, which can be time-consuming and burdensome.

4. Increased competition: With more students eligible for financial aid through state programs, there is increased competition among institutions for limited funds, making it difficult for smaller or less well-known schools to access funding.

5. Institutional eligibility criteria: Certain programs may only provide financial aid to students attending specific types of institutions (e.g. public vs private), limiting available options for students seeking assistance.

6. Inconsistent funding: Some state financial aid programs may not have guaranteed annual funding, making it challenging for institutions to plan long-term support for their students.

7. Delayed disbursement: Due to administrative processes and budgetary factors, the disbursement of funds may be delayed, causing difficulties for institutions in meeting immediate student needs.

8. Program changes and uncertainty: Changes in legislation or program guidelines can create uncertainty or disruptions in financial aid support for both institutions and students.

9. Duplication with federal aid programs: Some state financial aid programs may overlap or duplicate federal aid programs, creating confusion and additional administrative burdens on institutions.

10. Limited availability during economic downturns: During times of economic recession or budget cuts, state governments may reduce or eliminate funding for these programs, further limiting available resources for institutions and their students.

14. How have local universities and colleges responded to the increased demand for attending as a result of this supportive financial aid provision under New York state legislation?


Many local universities and colleges in New York have responded to the increased demand for attending by expanding their financial aid offerings and increasing resources for students. Some schools have also implemented policies to limit tuition increases, making attendance more affordable for students. Additionally, many schools have developed partnerships with local businesses and organizations to provide internship opportunities and job placement services for graduates. Some universities have also created specialized programs and partnerships with community colleges to make the transition from two-year to four-year institutions seamless and affordable for students. Overall, there has been a strong effort among New York’s higher education institutions to make college more accessible and affordable for all students, particularly those from low-income backgrounds.

In addition, many universities and colleges have also implemented outreach programs targeting high school students in efforts to educate them about the financial aid options available and encourage them to pursue higher education. These programs often include workshops, information sessions, and campus visits specifically tailored towards educating prospective students from underserved communities.

Furthermore, many schools have adopted a “need-blind” admissions policy, where they do not take into account a student’s ability to pay when making admissions decisions. This helps ensure that all qualified students have the opportunity to attend regardless of their financial situation.

Lastly, some institutions have also allocated additional funding towards scholarship programs for first-generation college students, as well as those from low-income families or underrepresented minority groups. This helps alleviate the financial burden on these students and makes attending college more feasible.

Overall, local universities and colleges in New York have made significant efforts to respond to the increased demand for attending by implementing various measures to make higher education more accessible and affordable for all students.

15. Have there been any amendments or updates made to the original version of this law regarding in-state tuition since its enactment?


Yes, there have been several amendments and updates made to the original version of this law regarding in-state tuition. Some examples include:

1. In 2013, the Deferred Action for Childhood Arrivals (DACA) program was implemented, which allowed undocumented immigrant youth who met certain criteria to qualify for temporary protection from deportation and work authorization. This group of individuals was also eligible for in-state tuition under California’s AB 540 law.

2. In 2014, Assembly Bill 2000 expanded eligibility for in-state tuition to include students who attended high school in California for at least three years and graduated from a California high school or attained equivalent requirements outside of California.

3. In 2017, Assembly Bill 343 updated the definition of an “individual present” in California by removing references to immigration status and instead focusing on residency and tax documents.

4. In 2019, Senate Bill 68 clarified that students do not need to file a FAFSA or demonstrate financial need to be eligible for in-state tuition under AB 2000.

5. In response to the COVID-19 pandemic, Governor Gavin Newsom signed an executive order in April 2020 allowing qualifying noncitizen students enrolled in DACA or Temporary Protected Status (TPS) programs to continue receiving state-funded financial aid and benefits, including in-state tuition.

These are just some examples of amendments and updates made to California’s AB 540 law since its enactment. The law continues to undergo changes and updates as immigration policies evolve at the national level.

16. How are the funds for in-state tuition and financial aid allocated and distributed under New York state legislation?


Under New York state legislation, the allocation and distribution of funds for in-state tuition and financial aid is primarily determined by the institution itself. Each college or university has its own policies and criteria for awarding financial aid to eligible students.

However, there are some state-funded programs that provide financial aid to students who meet certain eligibility requirements. These include the Tuition Assistance Program (TAP), which provides grants to eligible undergraduate students attending public or private colleges in New York; the Excelsior Scholarship, which covers full tuition costs at SUNY and CUNY colleges for eligible families with an income below a certain threshold; and the Higher Education Opportunity Program (HEOP), which supports students from disadvantaged backgrounds attending private colleges in New York.

In addition, individual institutions may have their own scholarship programs or partnerships with outside organizations to provide additional funding opportunities for in-state students. Students should research and apply for these opportunities directly through their chosen college or university.

17. Does New York’s state legislation prioritize or give preference to certain fields of study or professions when awarding financial aid to students?


Yes, the New York state legislation prioritizes certain fields of study and professions when awarding financial aid to students. The Tuition Assistance Program (TAP), which is New York’s largest grant program for undergraduate students, gives priority to students pursuing a degree in a high-demand field identified by the state, such as nursing, education, technology, and health care. Additionally, TAP awards are also given preference to students who demonstrate financial need and are enrolled in accredited degree-granting institutions located within the state. Other grants and scholarships offered by the state may also prioritize specific fields of study or professions based on funding availability and state priorities.

18. What plans does New York have in place to continue supporting affordable higher education for residents through this legislation in the future?


There are multiple ongoing initiatives in place to continue supporting affordable higher education for residents of New York. These include:

1. Excelsior Scholarship: This is a state program that provides tuition-free college at all SUNY and CUNY colleges for eligible residents whose families earn less than $125,000 annually. The program was launched in 2017 and has been extended until 2024.

2. Tuition Assistance Program (TAP): This is a state grant program that helps eligible students pay tuition at approved colleges in New York State. TAP awards can range from $500 to $5,165 per year depending on the student’s family income.

3. Enhanced Tuition Awards (ETA): This is a supplementary program to the Excelsior Scholarship that makes private colleges more affordable through a combination of institution grants and matching TAP funds.

4. Planned Maintenance of Effort (MOE): The legislation includes a provision that requires the state to maintain its investment in public higher education institutions at least at the same level as the previous fiscal year, ensuring continued support for these institutions.

5. Increased funding for community colleges: The legislation includes an additional $80 million in funding for community colleges in New York State, which will help keep their costs low and increase accessibility for students.

Overall, these initiatives demonstrate the state’s commitment to maintaining affordable higher education options for residents of New York now and in the future.

19. What resources or assistance is available for students and families seeking more information about in-state tuition and financial aid opportunities under New York state legislation?


Students and families seeking more information about in-state tuition and financial aid opportunities under New York state legislation can utilize the following resources:

1. The New York State Higher Education Services Corporation (HESC): This organization is responsible for administering New York’s student financial aid programs, including the Tuition Assistance Program (TAP) for in-state students. They can provide information on eligibility requirements, application processes, and award amounts.

2. The New York State Education Department: This department oversees public schools and educational institutions in the state and can provide information on residency requirements for in-state tuition and other educational policies.

3. SUNY Financial Aid Office: If you are applying to a State University of New York (SUNY) school, their financial aid office can provide information on specific programs available at their institution.

4. CUNY Financial Aid Office: If you are applying to a City University of New York (CUNY) school, their financial aid office can also provide information on specific programs available at their institution.

5. Reach out to your desired college or university directly: Many colleges and universities have dedicated staff or offices that assist students with residency status and financial aid applications.

6. The Excelsior Scholarship Program: This program provides tuition-free education at all SUNY and CUNY schools for eligible in-state students. Students can find more information on eligibility criteria, application processes, and deadlines on the HESC website.

7. Local community organizations: Some community organizations may offer workshops or resources on understanding state residency requirements and how to apply for financial aid as an in-state student.

8. Your high school guidance counselor: High school guidance counselors are knowledgeable about college admissions processes and may be able to provide guidance or connect you with additional resources for applying to in-state schools.

9. Connect with current students or alumni from your desired college or university: Talking to current students or alumni who have gone through the process of applying for in-state tuition and financial aid can provide valuable insights and tips. You can connect with them through social media or alumni networks.

10. Existing state legislation resources: The NY State Assembly and Senate websites provide information on current legislation, including laws related to residency requirements and financial aid for in-state students.

20. How has the overall educational attainment level and success rate of local college students changed since the enactment of New York’s state legislation supporting in-state tuition and financial aid programs?


Since the enactment of New York’s state legislation supporting in-state tuition and financial aid programs, there has been a significant increase in the overall educational attainment level and success rate of local college students.

1. Increase in College Enrollment: The number of students enrolling in college from New York state has increased since the enactment of the legislation. According to data from the National Center for Education Statistics, enrollment rates for New York residents in degree-granting institutions increased by 6% between 2002-2003 and 2017-2018.

2. Access to In-State Tuition: The availability of in-state tuition has made it more affordable for local students to attend college. This has particularly benefited low-income students and those from underrepresented backgrounds who previously may not have been able to afford higher education.

3. Higher Graduation Rates: According to a report by the State University of New York (SUNY), graduation rates for resident students have increased significantly since the enactment of the legislation. The six-year graduation rate at SUNY schools for resident undergraduate students increased from 66% in 2007 to 73% in 2016.

4. Increased Availability of Financial Aid: The provision of financial aid to eligible local students has also played a significant role in increasing their success rate at college. Many low-income students who previously would have struggled with the high cost of attending college can now access financial assistance through state-funded programs.

5. Improved Retention Rates: With increased affordability and access to financial aid, many local students are now able to stay enrolled semester after semester without interruptions due to financial constraints or other challenges.

6. More Diverse Student Population: The legislation has also contributed to a more diverse student population at colleges across the state, as more economically disadvantaged and minority groups are now able to pursue higher education opportunities.

In conclusion, since the enactment of New York’s state legislation supporting in-state tuition and financial aid programs, there has been a noticeable increase in college enrollment, graduation rates, and overall educational attainment levels of local students. These policies have made higher education more accessible and affordable for many New York residents, leading to an overall increase in their success rate at the college level.