Bill Text: NY S08593 | 2023-2024 | General Assembly | Introduced


Bill Title: Allows students enrolled in public juris doctor or master of laws programs to apply for excelsior scholarships.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-02-20 - REFERRED TO HIGHER EDUCATION [S08593 Detail]

Download: New_York-2023-S08593-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8593

                    IN SENATE

                                    February 20, 2024
                                       ___________

        Introduced  by  Sens. SEPULVEDA, HOYLMAN-SIGAL -- 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 providing excelsior
          scholarships for low-income law students

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of section 669-h of the education law, as
     2  amended by section 1 of part T of chapter 56 of the  laws  of  2018,  is
     3  amended to read as follows:
     4    1.  Eligibility.  An  excelsior  scholarship award shall be made to an
     5  applicant who: (a) is matriculated in an approved program leading to  an
     6  undergraduate  degree,  juris  doctor,  or  master of laws at a New York
     7  state public institution of higher education; (b) if enrolled in  (i)  a
     8  public  institution  of  higher  education  prior  to  application,  has
     9  completed at least  thirty  combined  credits  per  year  following  the
    10  student's  start  date,  or  its  equivalent,  applicable  to his or her
    11  program or programs of study or (ii) an institution of higher  education
    12  prior to application, has completed at least thirty combined credits per
    13  year  following  the student's start date, or its equivalent, applicable
    14  to his or her program or programs of study and which were accepted  upon
    15  transfer  to a public institution of higher education; (c) enrolls in at
    16  least twelve credits per semester and completes at least thirty combined
    17  credits per year following the student's start date, or its  equivalent,
    18  applicable  to his or her program or programs of study except in limited
    19  circumstances as prescribed by the corporation in regulation.   Notwith-
    20  standing,  in the student's last semester, the student may take at least
    21  one course needed to meet his or her graduation requirements and  enroll
    22  in  and  complete  at  least twelve credit hours or its equivalent.  For
    23  students who are disabled as defined by the Americans With  Disabilities
    24  Act  of  1990,  42  USC 12101, the corporation shall prescribe rules and
    25  regulations that allow applicants who are disabled to be eligible for an
    26  award pursuant to this section based on modified criteria;  (d)  has  an
    27  adjusted gross income for the qualifying year, as such terms are defined

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14563-01-4

        S. 8593                             2

     1  in  this  subdivision,  equal  to or less than: (i) one hundred thousand
     2  dollars for recipients receiving an award in  the  two  thousand  seven-
     3  teen--two thousand eighteen academic year; (ii) one hundred ten thousand
     4  dollars  for recipients receiving an award in the two thousand eighteen-
     5  -two thousand nineteen academic year; and (iii) one hundred  twenty-five
     6  thousand  dollars  for recipients receiving an award in the two thousand
     7  nineteen--two thousand twenty academic  year  and  thereafter;  and  (e)
     8  complies with the applicable provisions of this article and all require-
     9  ments  promulgated  by  the  corporation  for  the administration of the
    10  program. Adjusted gross income  shall  be  the  total  of  the  combined
    11  adjusted  gross  income  of the applicant and the applicant's parents or
    12  the applicant and the applicant's spouse, if  married.  Qualifying  year
    13  shall be the adjusted gross income as reported on the federal income tax
    14  return,  or  as  otherwise obtained by the corporation, for the calendar
    15  year coinciding with the tax year established by the U.S. department  of
    16  education  to  qualify  applicants  for  federal  student  financial aid
    17  programs authorized by Title IV of the Higher Education Act of  nineteen
    18  hundred sixty-five, as amended, for the school year in which application
    19  for  assistance is made. Provided, however, if an applicant demonstrates
    20  to the corporation that there has been  a  change  in  such  applicant's
    21  adjusted  gross  income in the year(s) subsequent to the qualifying year
    22  which would qualify such applicant for an award, the  corporation  shall
    23  review  and  make a determination as to whether such applicant meets the
    24  requirement set forth in paragraph (d) of this subdivision based on such
    25  year. Provided, further that such change was caused by the death, perma-
    26  nent and total physical or mental disability, divorce, or separation  by
    27  judicial decree or pursuant to an agreement of separation which is filed
    28  with  a  court  of competent jurisdiction of any person whose income was
    29  required to be used to compute  the  applicant's  total  adjusted  gross
    30  income.
    31    §  2.  Subdivision 2 of section 669-h of the education law, as amended
    32  by section 1 of part G of chapter 56 of the laws of 2022, is amended  to
    33  read as follows:
    34    2.  Amount.  Within  amounts appropriated therefor and based on avail-
    35  ability of funds, awards shall be granted beginning with the  two  thou-
    36  sand  seventeen--two  thousand  eighteen academic year and thereafter to
    37  applicants that the corporation has determined are eligible  to  receive
    38  such  awards. The corporation shall grant such awards in an amount up to
    39  five thousand five hundred dollars or actual tuition, whichever is less;
    40  provided, however, (a) a student who receives educational grants  and/or
    41  scholarships  that cover the student's full cost of attendance shall not
    42  be eligible for an award under this program; and (b) an award under this
    43  program shall be applied to tuition after the  application  of  payments
    44  received  under  the  tuition assistance program pursuant to section six
    45  hundred sixty-seven of this subpart, tuition credits pursuant to section
    46  six hundred eighty-nine-a of this article, federal Pell  grant  pursuant
    47  to  section  one  thousand  seventy of title twenty of the United States
    48  code, et seq., and any other program that covers the cost of  attendance
    49  unless  exclusively  for  non-tuition expenses, and the award under this
    50  program shall be reduced in the amount equal to such payments,  provided
    51  that  the  combined  benefits  do  not exceed five thousand five hundred
    52  dollars. Upon notification of an award under this program, the  institu-
    53  tion  shall  defer the amount of tuition. Notwithstanding paragraph h of
    54  subdivision two of section three hundred fifty-five and paragraph (a) of
    55  subdivision seven of section six thousand two hundred six of this  chap-
    56  ter,  and any other law, rule or regulation to the contrary, the [under-

        S. 8593                             3

     1  graduate] tuition charged by the institution to recipients of  an  award
     2  shall not exceed the tuition rate established by the institution for the
     3  two  thousand  sixteen--two  thousand  seventeen academic year provided,
     4  however,  that in the two thousand twenty-two--two thousand twenty-three
     5  academic year and every year  thereafter,  the  [undergraduate]  tuition
     6  charged  by  the institution to recipients of an award shall be reset to
     7  equal the tuition rate established by the institution for the  forthcom-
     8  ing  academic  year, provided further that the tuition credit calculated
     9  pursuant to section six hundred eighty-nine-a of this article  shall  be
    10  applied toward the tuition rate charged for recipients of an award under
    11  this  program.    Provided further that the state university of New York
    12  and the city university of New York shall provide an additional  tuition
    13  credit  to  students  receiving  an award to cover the remaining cost of
    14  tuition.
    15    § 3. Subdivision 3 of section 669-h of the education law, as added  by
    16  section  1  of part HHH of chapter 59 of the laws of 2017, is amended to
    17  read as follows:
    18    3. Duration. An eligible recipient shall not receive an award for more
    19  than four academic  years  of  full-time  undergraduate  study  or  five
    20  academic  years if the program of study normally requires five years. An
    21  eligible recipient enrolled in an eligible two  year  program  of  study
    22  shall not receive an award for more than two academic years. An eligible
    23  recipient enrolled in a juris doctor or master of laws program shall not
    24  receive  an award for longer than the duration required to complete such
    25  program. Notwithstanding, such duration may be extended for an allowable
    26  interruption of study including, but not limited to, death of  a  family
    27  member,  medical  leave, military service, and parental leave, as estab-
    28  lished by the corporation in regulation.
    29    § 4. Paragraph (b) of subdivision 4 of section 669-h of the  education
    30  law,  as  added  by  section  1 of part HHH of chapter 59 of the laws of
    31  2017, is amended to read as follows:
    32    (b) An applicant who has earned a bachelor's degree is  ineligible  to
    33  receive  an  award  pursuant  to  this  section unless such applicant is
    34  enrolled in a juris doctor or master of laws program.
    35    § 5. This act shall take effect immediately.
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