Bill Text: NY S05821 | 2019-2020 | General Assembly | Introduced
Bill Title: Expands eligibility for the New York state excelsior scholarship award to certain applicants enrolled on a part-time basis or in a BOCES or other approved vocational program; provides criteria for eligibility, and limits on amounts and durations for any such awards.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S05821 Detail]
Download: New_York-2019-S05821-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5821 2019-2020 Regular Sessions IN SENATE May 15, 2019 ___________ Introduced by Sen. METZGER -- 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 eligibility for the New York state excelsior scholarship for certain part-time applicants The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1, 2 and 3 of section 669-h of the education 2 law, subdivisions 1 and 2 as amended by section 1 of part T of chapter 3 56 of the laws of 2018 and subdivision 3 as added by section 1 of part 4 HHH of chapter 59 of the laws of 2017, are amended and a new subdivision 5 2-a is added to read as follows: 6 1. Eligibility. An excelsior scholarship award shall be made to an 7 applicant who: (a) is matriculated in an approved program leading to an 8 undergraduate degree at a New York state public institution of higher 9 education, which for the purposes of this section shall include all 10 two-year and four-year colleges operated by the state university of New 11 York or the city university of New York; (b) if enrolled in (i) a public 12 institution of higher education prior to application, has completed at 13 least [thirty] twenty-four combined credits per year if enrolled on a 14 full-time basis or at least twelve combined credits per year if enrolled 15 on a part-time basis following the student's start date, or its equiv- 16 alent, applicable to his or her program or programs of study or (ii) an 17 institution of higher education prior to application, has completed at 18 least [thirty] twenty-four combined credits per year if enrolled on a 19 full-time basis or at least twelve combined credits per year if enrolled 20 on a part-time basis following the student's start date, or its equiv- 21 alent, applicable to his or her program or programs of study and which 22 were accepted upon transfer to a public institution of higher education; 23 (c) enrolls in at least twelve credits per semester and completes at 24 least [thirty] twenty-four combined credits per year if enrolled on a 25 full-time basis or at least six credits if enrolled on a part-time basis EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09677-06-9S. 5821 2 1 following the student's start date, or its equivalent, applicable to his 2 or her program or programs of study except in limited circumstances as 3 prescribed by the corporation in regulation. Notwithstanding, in the 4 student's last semester, the student may take at least one course needed 5 to meet his or her graduation requirements and enroll in and complete 6 [at least twelve credit hours or its equivalent] as many credits as 7 required to obtain his or her degree. For students who are disabled as 8 defined by the Americans With Disabilities Act of 1990, 42 USC 12101, 9 the corporation shall prescribe rules and regulations that allow appli- 10 cants who are disabled to be eligible for an award pursuant to this 11 section based on modified criteria; (d) has an adjusted gross income for 12 the qualifying year, as such terms are defined in this subdivision, 13 equal to or less than: (i) one hundred twenty-five thousand dollars for 14 recipients receiving an award in the two thousand [seventeen] 15 nineteen--two thousand [eighteen] twenty academic year; (ii) one hundred 16 [ten] thirty-five thousand dollars for recipients receiving an award in 17 the two thousand [eighteen] twenty--two thousand [nineteen] twenty-one 18 academic year; and (iii) one hundred [twenty-five] fifty thousand 19 dollars for recipients receiving an award in the two thousand [nineteen] 20 twenty-one--two thousand [twenty] twenty-two academic year and thereaft- 21 er; and (e) complies with the applicable provisions of this article and 22 all requirements promulgated by the corporation for the administration 23 of the program. Adjusted gross income shall be the total of the combined 24 adjusted gross income of the applicant and the applicant's parents or 25 the applicant and the applicant's spouse, if married. Qualifying year 26 shall be the adjusted gross income as reported on the federal income tax 27 return, or as otherwise obtained by the corporation, for the calendar 28 year coinciding with the tax year established by the U.S. department of 29 education to qualify applicants for federal student financial aid 30 programs authorized by Title IV of the Higher Education Act of nineteen 31 hundred sixty-five, as amended, for the school year in which application 32 for assistance is made. Provided, however, if an applicant demonstrates 33 to the corporation that there has been a change in such applicant's 34 adjusted gross income in the year(s) subsequent to the qualifying year 35 which would qualify such applicant for an award, the corporation shall 36 review and make a determination as to whether such applicant meets the 37 requirement set forth in paragraph (d) of this subdivision based on such 38 year. Provided, further that such change was caused by the death, perma- 39 nent and total physical or mental disability, divorce, or separation by 40 judicial decree or pursuant to an agreement of separation which is filed 41 with a court of competent jurisdiction of any person whose income was 42 required to be used to compute the applicant's total adjusted gross 43 income. 44 2. Amount. Within amounts appropriated therefor and based on avail- 45 ability of funds, awards shall be granted beginning with the two thou- 46 sand [seventeen] nineteen--two thousand [eighteen] twenty academic year 47 and thereafter to applicants that the corporation has determined are 48 eligible to receive such awards. The corporation shall grant such awards 49 for full-time students in an amount up to five thousand five hundred 50 dollars or actual tuition, whichever is less and for part-time students 51 in an amount up to two thousand seven hundred fifty dollars or actual 52 tuition, whichever is less; provided, however, (a) a student who 53 receives educational grants and/or scholarships that cover the student's 54 full cost of attendance shall not be eligible for an award under this 55 program; and (b) an award under this program shall be applied to tuition 56 after the application of payments received under the tuition assistanceS. 5821 3 1 program pursuant to section six hundred sixty-seven of this subpart, 2 tuition credits pursuant to section six hundred eighty-nine-a of this 3 article, federal Pell grant pursuant to section one thousand seventy of 4 title twenty of the United States code, et. seq., and any other program 5 that covers the cost of attendance unless exclusively for non-tuition 6 expenses, and the award under this program shall be reduced in the 7 amount equal to such payments, provided that the combined benefits do 8 not exceed five thousand five hundred dollars. Upon notification of an 9 award under this program, the institution shall defer the amount of 10 tuition. Notwithstanding paragraph h of subdivision two of section three 11 hundred fifty-five and paragraph (a) of subdivision seven of section six 12 thousand two hundred six of this chapter, and any other law, rule or 13 regulation to the contrary, the undergraduate tuition charged by the 14 institution to recipients of an award shall not exceed the tuition rate 15 established by the institution for the two thousand [sixteen] 16 eighteen--two thousand [seventeen] nineteen academic year provided, 17 however, that in the two thousand [twenty-one] nineteen--two thousand 18 [twenty-two] twenty academic year and every four years thereafter, the 19 undergraduate tuition charged by the institution to recipients of an 20 award shall be reset to equal the tuition rate established by the insti- 21 tution for the forthcoming academic year, provided further that the 22 tuition credit calculated pursuant to section six hundred eighty-nine-a 23 of this article shall be applied toward the tuition rate charged for 24 recipients of an award under this program. Provided further that the 25 state university of New York and the city university of New York shall 26 provide an additional tuition credit to students receiving an award to 27 cover the remaining cost of tuition. 28 2-a. In the event that for any reason, the student does not receive 29 his or her two-year, four-year or five-year degree or complete the BOCES 30 or vocational program referred to in paragraph (g) of subdivision four 31 of this section, the student shall not suffer any penalty with respect 32 to the scholarship received under the excelsior scholarship program. 33 3. Duration. An eligible recipient shall not receive an award for more 34 than [four] five academic years of full-time or ten academic years of 35 part-time undergraduate study for a four-year degree or [five] six full- 36 time or twelve part-time academic years if the program of study normally 37 requires five years. An eligible recipient enrolled full-time in an 38 eligible [two year] two-year program of study shall not receive an award 39 for more than two and a half academic years and an eligible recipient 40 enrolled part-time in an eligible two year program of study shall not 41 receive an award for more than five academic years. Notwithstanding, 42 such duration may be extended for an allowable interruption of study 43 including, but not limited to, death of a family member, medical leave, 44 military service, and parental leave, as established by the corporation 45 in regulation. 46 § 2. Subdivision 4 of section 669-h of the education law is amended by 47 adding a new paragraph (g) to read as follows: 48 (g) Notwithstanding any other provision of law to the contrary, an 49 applicant who satisfied all other requirements of this section shall be 50 eligible to receive an award pursuant to this section if such applicant 51 is enrolled on at least a part-time basis or its equivalent in a board 52 of educational services (BOCES) or other approved vocational program at 53 a SUNY or CUNY community college as determined by the applicable educa- 54 tional authority. Within amounts appropriated therefor and based on 55 availability of funds, awards shall be granted beginning with the two 56 thousand nineteen--two thousand twenty academic year and thereafter toS. 5821 4 1 applicants that the corporation has determined are eligible to receive 2 such awards. The corporation shall grant such awards to eligible full- 3 time and part-time students in accordance with subdivision three of this 4 section. A recipient eligible for an award pursuant to this paragraph 5 shall not receive an award for more than four academic years of full- 6 time or eight academic years of part-time enrollment in such BOCES or 7 other approved vocational program. Years enrolled are not required to be 8 consecutive. 9 § 3. This act shall take effect immediately and shall apply to any 10 eligible applicant beginning with the 2019-2020 academic year.
