Bill Text: NY A00179 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides for the determination of tuition assistance program awards; may cover mandatory educational fees, excluding fees voted by student body; defines term; increases maximum and minimum award amounts.
Spectrum: Partisan Bill (Democrat 29-0)
Status: (Introduced - Dead) 2011-01-05 - referred to higher education [A00179 Detail]
Download: New_York-2009-A00179-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 179 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. CAHILL, PHEFFER, SCHIMMINGER, N. RIVERA, JACOBS, ROBINSON, ENGLEBRIGHT, CYMBROWITZ, CUSICK, PEOPLES-STOKES, CAMARA, BOYLAND -- Multi-Sponsored by -- M. of A. ABBATE, BENEDETTO, BRENNAN, COLTON, COOK, GUNTHER, HIKIND, LANCMAN, LAVINE, LUPARDO, McENENY, MILLMAN, PERRY, REILLY, SCARBOROUGH, SWEENEY, WEISENBERG -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to creating the "TAP reform act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as the "TAP reform 2 act". 3 S 2. Subdivision 5 of section 663 of the education law is amended by 4 adding a new paragraph (c) to read as follows: 5 (C) (I) IN THE DETERMINATION OF INCOME FOR PURPOSES OF SUBDIVISION 6 THREE OF SECTION SIX HUNDRED SIXTY-SEVEN OF THIS PART, STUDENT FINANCIAL 7 AID OFFICERS ARE HEREBY AUTHORIZED, ON THE BASIS OF ADEQUATE DOCUMENTA- 8 TION, TO MAKE ADJUSTMENTS ON A CASE-BY-CASE BASIS IN THE AMOUNT DEEMED 9 APPLICABLE INCOME IN DETERMINING AN APPLICANT'S AWARD FOR THE ACADEMIC 10 YEAR, TO ALLOW FOR TREATMENT OF AN INDIVIDUAL, ELIGIBLE APPLICANT WITH 11 SPECIAL CIRCUMSTANCES AS DEFINED HEREIN. 12 (II) SPECIAL CIRCUMSTANCES MAY INCLUDE: (A) EXPENSES OF THE FOLLOWING 13 NATURE INCURRED OR PAID BY ONE OR MORE OF EITHER THE PARENTS OF THE 14 APPLICANT OR OTHER DEPENDENT CHILD OF SUCH PARENTS, THE SPOUSE OF THE 15 APPLICANT, OR ONE OR MORE DEPENDENT CHILDREN OF THE APPLICANT, SUCH AS 16 BUT NOT LIMITED TO: TUITION EXPENSES AT AN ELEMENTARY OR SECONDARY 17 SCHOOL, MEDICAL OR DENTAL EXPENSES NOT COVERED BY INSURANCE, AND UNUSU- 18 ALLY HIGH CHILD CARE COSTS, (B) RECENT UNEMPLOYMENT OF A FAMILY MEMBER 19 NECESSITATING CONTRIBUTIONS BY ANY OF THE AFORESAID PERSONS TO THE FAMI- 20 LY MEMBER'S SUPPORT, OR (C) OTHER CHANGES IN THE FAMILY'S INCOME, THE 21 FAMILY'S ASSETS, OR A STUDENT'S STATUS. SPECIAL CIRCUMSTANCES SHALL BE 22 CONDITIONS THAT DIFFERENTIATE AN INDIVIDUAL STUDENT FROM A CLASS OF 23 STUDENTS RATHER THAN CONDITIONS THAT EXIST ACROSS A CLASS OF STUDENTS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01074-01-1 A. 179 2 1 (III) ADEQUATE DOCUMENTATION FOR SUCH ADJUSTMENTS SHALL BE REQUIRED TO 2 SUBSTANTIATE SUCH SPECIAL CIRCUMSTANCES OF INDIVIDUAL STUDENTS. NOTHING 3 IN THIS PARAGRAPH SHALL BE INTERPRETED AS LIMITING THE AUTHORITY OF THE 4 STUDENT FINANCIAL AID OFFICER IN SUCH CASES TO REQUEST AND USE SUPPLE- 5 MENTARY INFORMATION ABOUT THE FINANCIAL STATUS OR PERSONAL CIRCUMSTANCES 6 OF SUCH APPLICANTS IN SELECTING RECIPIENTS AND DETERMINING THE AMOUNT OF 7 AWARDS UNDER SUBDIVISION THREE OF SECTION SIX HUNDRED SIXTY-SEVEN OF 8 THIS PART. NO STUDENT OR PARENT SHALL BE CHARGED A FEE FOR COLLECTING, 9 PROCESSING, OR DELIVERING SUCH SUPPLEMENTARY INFORMATION. 10 (IV) A STUDENT FINANCIAL AID OFFICER SHALL BE CONSIDERED TO BE MAKING 11 A NECESSARY ADJUSTMENT IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARA- 12 GRAPH IF: 13 (A) THE OFFICER MAKES ADJUSTMENTS EXCLUDING FROM FAMILY INCOME ANY 14 PROCEEDS OF A SALE OF FARM OR BUSINESS ASSETS OF A FAMILY IF SUCH SALE 15 RESULTS FROM A VOLUNTARY OR INVOLUNTARY FORECLOSURE, FORFEITURE OR BANK- 16 RUPTCY OR AN INVOLUNTARY LIQUIDATION, OR 17 (B) THE OFFICER MAKES ADJUSTMENTS IN THE AWARD LEVEL OF A STUDENT WITH 18 A DISABILITY SO AS TO TAKE INTO CONSIDERATION THE ADDITIONAL COSTS SUCH 19 STUDENT INCURS AS A RESULT OF SUCH STUDENT'S DISABILITY. 20 S 3. Subdivision 1 of section 667 of the education law, as amended by 21 chapter 622 of the laws of 2008, is amended to read as follows: 22 1. Recipient qualifications. Tuition assistance program awards are 23 available for all students who are enrolled in approved programs and who 24 demonstrate the ability to complete such courses, in accordance with 25 standards established by the commissioner provided, however, that no 26 award shall be made unless tuition [(exclusive of educational fees)] AND 27 ANY MANDATORY EDUCATIONAL FEES and, if applicable, the college fee 28 levied by the state university of New York pursuant to the April first, 29 nineteen hundred sixty-four financing agreements with the New York state 30 dormitory authority charged for the program in which the student is 31 enrolled total at least two hundred dollars a year[,]; and provided 32 further that[,] no award [can] SHALL exceed one hundred percent of the 33 amount of tuition charged. 34 S 4. Item (c) of subclause 1 of clause (A) of subparagraph (i) and 35 subparagraph (vi) of paragraph a of subdivision 3 of section 667 of the 36 education law, as amended by section 1 of part B of chapter 60 of the 37 laws of 2000, are amended and clause (A) of subparagraph (i) is amended 38 by adding two new items (d) and (e) to read as follows: 39 (c) For students first receiving aid in [the] two thousand--two thou- 40 sand one and [thereafter] BEFORE TWO THOUSAND THIRTEEN--TWO THOUSAND 41 FOURTEEN, five thousand dollars[.]; OR 42 (D) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND THIRTEEN--TWO 43 THOUSAND FOURTEEN, FIVE THOUSAND FIVE HUNDRED DOLLARS; OR 44 (E) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND FOURTEEN--TWO 45 THOUSAND FIFTEEN AND THEREAFTER, SIX THOUSAND DOLLARS. 46 (vi) For the two thousand [two] THIRTEEN--two thousand [three] FOUR- 47 TEEN academic year and thereafter, the award shall be the net amount of 48 the base amount determined pursuant to subparagraph (i) of this para- 49 graph reduced pursuant to subparagraph (ii) or (iii) of this paragraph 50 but the award shall not be reduced below [five] NINE hundred FIFTY 51 dollars; AND ONE THOUSAND DOLLARS FOR EACH ACADEMIC YEAR AND THEREAFTER. 52 S 5. Clause (B) of subparagraph (i) of paragraph a of subdivision 3 of 53 section 667 of the education law, as amended by section 1 of part B of 54 chapter 60 of the laws of 2000, is amended to read as follows: 55 (B) (1) Ninety-five percent of the amount of tuition [(exclusive of 56 educational fees) charged and, if applicable, the college fee levied by A. 179 3 1 the state university of New York pursuant to the April first, nineteen 2 hundred sixty-four financing agreement with the New York state dormitory 3 authority] AND ANY MANDATORY EDUCATIONAL FEES. 4 (2) For the two thousand one--two thousand two academic year and ther- 5 eafter, one hundred percent of the amount of tuition [(exclusive of 6 educational fees) charged and, if applicable, the college fee levied by 7 the state university of New York pursuant to the April first, nineteen 8 hundred sixty-four financing agreement with the New York state dormitory 9 authority] AND ANY MANDATORY EDUCATIONAL FEES. 10 S 6. Clause (B) of subparagraph (i) of paragraph b of subdivision 3 of 11 section 667 of the education law, as amended by section 2 of part B of 12 chapter 60 of the laws of 2000, is amended to read as follows: 13 (B) (1) Ninety-five percent of the amount of tuition [(exclusive of 14 educational fees)] AND ANY MANDATORY EDUCATIONAL FEES charged. 15 (2) For the two thousand one--two thousand two academic year and ther- 16 eafter, one hundred percent of the amount of tuition [(exclusive of 17 educational fees)] AND ANY MANDATORY EDUCATIONAL FEES. 18 S 7. Clause (B) of subparagraph (i) of paragraph c of subdivision 3 of 19 section 667 of the education law, as amended by section 4 of part B of 20 chapter 60 of the laws of 2000, is amended to read as follows: 21 (B) (1) Ninety-five percent of the amount of tuition [(exclusive of 22 education fees)] AND ANY MANDATORY EDUCATIONAL FEES charged. 23 (2) For the two thousand one--two thousand two academic year and ther- 24 eafter, one hundred percent of the amount of tuition [(exclusive of 25 educational fees)] AND ANY MANDATORY EDUCATIONAL FEES. 26 S 8. Subparagraphs (i) and (ii) of paragraph d of subdivision 3 of 27 section 667 of the education law, as added by chapter 83 of the laws of 28 1995, are amended to read as follows: 29 (i) be made unless the annual tuition [(exclusive of educational 30 fees)] AND ANY MANDATORY EDUCATIONAL FEES and, if applicable, the 31 college fee levied by the state university of New York pursuant to the 32 April first, nineteen hundred sixty-four financing agreement with the 33 New York state dormitory authority charged for the program in which the 34 student is enrolled total at least two hundred dollars; or 35 (ii) exceed the amount by which such annual tuition [(exclusive of 36 educational fees)] AND ANY MANDATORY EDUCATIONAL FEES and, if applica- 37 ble, the college fee levied by the state university of New York pursuant 38 to the April first, nineteen hundred sixty-four financing agreement with 39 the New York state dormitory authority exceed the total of all other 40 state, federal, or other educational aid that is received or receivable 41 by such student during the school year for which such award is applica- 42 ble and that, in the judgment of the commissioner, would duplicate the 43 purposes of the award; or 44 S 9. Section 2 of the education law is amended by adding a new subdi- 45 vision 25 to read as follows: 46 25. MANDATORY EDUCATIONAL FEE. THE TERM "MANDATORY EDUCATIONAL FEE" 47 INCLUDES ONLY THOSE FEES REQUIRED TO FULFILL THE REQUIREMENTS OF A GRAD- 48 UATE OR UNDERGRADUATE DEGREE; PROVIDED, HOWEVER, THAT SUCH TERM EXCLUDES 49 THOSE FEES IMPOSED BY A VOTE OF THE STUDENT BODY. 50 S 10. This act shall take effect immediately; provided that the amend- 51 ments to section 663 of the education law made by section two of this 52 act shall apply to determinations made on or after such effective date.