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.