Bill Text: NY A05486 | 2009-2010 | General Assembly | Amended


Bill Title: Authorizes tuition assistance to be paid to students attending educational institutions for which Pell grants may be awarded.

Spectrum: Moderate Partisan Bill (Democrat 30-8)

Status: (Introduced - Dead) 2010-01-06 - referred to higher education [A05486 Detail]

Download: New_York-2009-A05486-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5486--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2009
                                      ___________
       Introduced by M. of A. HIKIND, LENTOL, J. RIVERA, V. LOPEZ, WEINSTEIN --
         Multi-Sponsored  by  --  M.  of A. ABBATE, ALFANO, BACALLES, BENJAMIN,
         BOYLAND, BRENNAN, BROOK-KRASNY, CAMARA, COLTON, COOK, CUSICK, CYMBROW-
         ITZ, ERRIGO, ESPAILLAT,  FINCH,  HEASTIE,  HEVESI,  JACOBS,  JEFFRIES,
         KOON, LANCMAN, MAISEL, MAYERSOHN, McDONOUGH, MENG, ORTIZ, PERRY, PHEF-
         FER,  P. RIVERA, SEMINERIO, SPANO, TOBACCO, TOWNS, TOWNSEND, WALKER --
         read once and referred to the Committee on Higher Education -- commit-
         tee discharged, bill amended, ordered reprinted as amended and  recom-
         mitted to said committee
       AN  ACT  to amend the education law, in relation to eligibility require-
         ments for student financial aid
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  4  of  section  661 of the education law, as
    2  amended by chapter 309 of the laws of 1996, paragraph a  as  amended  by
    3  section  1  and  paragraph c as amended, paragraphs d and e as added and
    4  paragraph f as relettered by section 2 of part E1 of chapter 57  of  the
    5  laws  of  2007,  and  paragraph f as added by chapter 332 of the laws of
    6  1998, is amended to read as follows:
    7    4. Attendance in approved courses of study in  approved  institutions.
    8  To be eligible to receive payments from the president a student:
    9    a.  Must  be  matriculated  in  an approved program, as defined by the
   10  commissioner pursuant to article thirteen OF THIS CHAPTER,  OR  PURSUANT
   11  TO  PARAGRAPH  B  OF THIS SUBDIVISION, in an institution situated in the
   12  state, which has been approved and operating in this state for at  least
   13  one  year,  and  has  been approved for participation in federal student
   14  financial aid programs authorized by Title IV of  the  Higher  Education
   15  Act  of  1965,  as  amended.  Nothing in this subdivision shall preclude
   16  payment of an award to a recipient who receives instruction outside  the
   17  state,  which instruction is conducted by an institution situated in the
   18  state, and is part of the student's program of study  at  such  institu-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07039-03-9
       A. 5486--A                          2
    1  tion; provided, however, that nothing in this subdivision shall preclude
    2  the  receipt  of  a  loan pursuant to section six hundred eighty of this
    3  article; provided, further, that  students  not  attending  institutions
    4  eligible for participating in federal Title IV financial aid programs on
    5  or  before  July first, two thousand seven: (i) who received their first
    6  award under this article before the two thousand six--two thousand seven
    7  academic year shall be eligible for payments until the end  of  the  two
    8  thousand  nine--two  thousand  ten  academic  year; or (ii) who received
    9  their first award under this article for the two thousand six--two thou-
   10  sand seven academic year through and including the two  thousand  nine--
   11  two  thousand ten academic year shall be eligible for payments until the
   12  end of the two thousand fourteen--two thousand fifteen academic year.
   13    b. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE AND  THE  RULES
   14  AND  REGULATIONS  PROMULGATED PURSUANT THERETO, THE PRESIDENT SHALL MAKE
   15  TUITION ASSISTANCE PROGRAM AWARDS AVAILABLE TO  ALL  OTHERWISE  ELIGIBLE
   16  STUDENTS  WHO  ARE  ATTENDING  AN  EDUCATIONAL INSTITUTION IN THIS STATE
   17  THAT:
   18    (I) IS EXEMPT FROM FEDERAL TAXATION UNDER  SECTION  501(C)(3)  OF  THE
   19  INTERNAL REVENUE CODE; AND
   20    (II) IS ACCREDITED BY AN AGENCY RECOGNIZED BY THE UNITED STATES SECRE-
   21  TARY OF EDUCATION, OR BY A SUCCESSOR FEDERAL AGENCY; AND
   22    (III)  ENROLLMENT IN WHICH INSTITUTION WOULD RENDER THE STUDENT ELIGI-
   23  BLE TO RECEIVE A FEDERAL PELL GRANT IN ACCORDANCE WITH SECTION ONE THOU-
   24  SAND SEVENTY OF TITLE TWENTY OF THE UNITED STATES CODE, ET. SEQ. AND THE
   25  REGULATIONS PROMULGATED THEREUNDER; AND
   26    (IV) PROVIDES A PROGRAM OF INSTRUCTION LASTING AT LEAST THREE YEARS.
   27    C. Must be in full-time attendance, as defined  by  the  commissioner,
   28  except  as otherwise specifically provided in article fourteen, and, for
   29  a student having completed his or her second academic year, must have  a
   30  cumulative  C  average  or  its  equivalent. The president may waive the
   31  requirement that the student have a cumulative C average or  its  equiv-
   32  alent  for  undue  hardship based on: (i) the death of a relative of the
   33  student; (ii) the personal injury or illness of the  student;  or  (iii)
   34  other extenuating circumstances; and
   35    [c.] D. For students who first receive aid pursuant to this chapter in
   36  academic year nineteen hundred ninety-six--nineteen hundred ninety-seven
   37  to  academic  year  two  thousand  six--two  thousand seven, must have a
   38  certificate of graduation from a school providing  secondary  education,
   39  or  the  recognized  equivalent  of such certificate; or have achieved a
   40  passing score, as determined by the United States  secretary  of  educa-
   41  tion,  on  a  federally approved examination which demonstrates that the
   42  student can benefit from the education being offered;
   43    [d.] E. For students who first receive aid pursuant to this chapter in
   44  academic year two thousand six--two thousand seven, must have a  certif-
   45  icate  of graduation from a recognized school providing secondary educa-
   46  tion within the United States, or  the  recognized  equivalent  of  such
   47  certificate, or have been admitted to such institution after receiving a
   48  passing  score  on a federally approved ability to benefit test that has
   49  been independently  administered  and  evaluated,  as  provided  by  the
   50  commissioner;
   51    [e.] F. For students who first receive aid pursuant to this chapter in
   52  academic year two thousand seven--two thousand eight or thereafter, must
   53  have  (i)  a certificate of graduation from a school providing secondary
   54  education from a state within the United States; or (ii) the  recognized
   55  equivalent  of  such certificate; or (iii) received a passing score on a
   56  federally approved ability to benefit test that has been  identified  by
       A. 5486--A                          3
    1  the  board of regents as satisfying the eligibility requirements of this
    2  section and has been independently administered and evaluated as defined
    3  by the commissioner[.];
    4    [f.  for] G. FOR students who are disabled as defined by the Americans
    5  With Disability Act of 1990, 42  USC  12101,  the  full-time  attendance
    6  requirement  is  eliminated.  Such disabled students may be in part-time
    7  attendance, as defined by the commissioner in order to  be  eligible  to
    8  receive payments from the president.
    9    S 2. This act shall take effect immediately and shall apply to academ-
   10  ic year 2009-2010 and to all subsequent academic years.
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