Bill Text: NY A00707 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides for the determination of tuition assistance program awards; provides such awards may cover mandatory educational fees, excluding fees voted by student body; defines term; increases maximum and minimum award amounts.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A00707 Detail]
Download: New_York-2021-A00707-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 707 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ABBATE, BENEDETTO, COLTON, COOK, CUSICK, CYMBROWITZ, ENGLEBRIGHT, GUNTHER, LUPARDO, PEOPLES-STOKES, PERRY -- 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. Short title. This act shall be known and may be cited as 2 the "TAP reform act". 3 § 2. Subdivision 5 of section 663 of the education law, as amended by 4 section 3 of part J of chapter 58 of the laws of 2011, is amended to 5 read as follows: 6 5. Adjustments of income. a. In the determination of income for 7 purposes of paragraphs a and b of subdivision three of section six 8 hundred sixty-seven of this part if, during the academic year in which 9 the applicant will receive an award, one of either the parents of the 10 applicant or other dependent child of such parents, the spouse of the 11 applicant, or one or more dependent children of the applicant, in addi- 12 tion to the applicant, will be in full-time attendance in an approved 13 program, the combined net taxable income determined under subdivision 14 one of this section shall be reduced by three thousand dollars and an 15 additional two thousand dollars for each other such person additional to 16 the aforesaid persons (including the applicant) who will be in such 17 attendance, and the resulting amount shall be deemed the applicable 18 income in determining the applicant's award for the academic year. 19 b. (i) In the determination of income for purposes of subdivision 20 three of section six hundred sixty-seven of this part, student financial 21 aid officers are hereby authorized, on the basis of adequate documenta- 22 tion, to make adjustments on a case-by-case basis in the amount deemed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01381-01-1A. 707 2 1 applicable income in determining an applicant's award for the academic 2 year, to allow for treatment of an individual, eligible applicant with 3 special circumstances as defined herein. 4 (ii) Special circumstances may include: (A) expenses of the following 5 nature incurred or paid by one or more of either the parents of the 6 applicant or other dependent child of such parents, the spouse of the 7 applicant, or one or more dependent children of the applicant, such as 8 but not limited to: tuition expenses at an elementary or secondary 9 school, medical or dental expenses not covered by insurance, and unusu- 10 ally high child care costs, (B) recent unemployment of a family member 11 necessitating contributions by any of the aforesaid persons to the fami- 12 ly member's support, or (C) other changes in the family's income, the 13 family's assets, or a student's status. Special circumstances shall be 14 conditions that differentiate an individual student from a class of 15 students rather than conditions that exist across a class of students. 16 (iii) Adequate documentation for such adjustments shall be required to 17 substantiate such special circumstances of individual students. Nothing 18 in this paragraph shall be interpreted as limiting the authority of the 19 student financial aid officer in such cases to request and use supple- 20 mentary information about the financial status or personal circumstances 21 of such applicants in selecting recipients and determining the amount of 22 awards under subdivision three of section six hundred sixty-seven of 23 this part. No student or parent shall be charged a fee for collecting, 24 processing, or delivering such supplementary information. 25 (iv) A student financial aid officer shall be considered to be making 26 a necessary adjustment in accordance with subparagraph (i) of this para- 27 graph if: 28 (A) the officer makes adjustments excluding from family income any 29 proceeds of a sale of farm or business assets of a family if such sale 30 results from a voluntary or involuntary foreclosure, forfeiture or bank- 31 ruptcy or an involuntary liquidation, or 32 (B) the officer makes adjustments in the award level of a student with 33 a disability so as to take into consideration the additional costs such 34 student incurs as a result of such student's disability. 35 § 3. Subdivision 1 of section 667 of the education law, as amended by 36 chapter 622 of the laws of 2008, is amended to read as follows: 37 1. Recipient qualifications. Tuition assistance program awards are 38 available for all students who are enrolled in approved programs and who 39 demonstrate the ability to complete such courses, in accordance with 40 standards established by the commissioner provided, however, that no 41 award shall be made unless tuition [(exclusive of educational fees)] and 42 any mandatory educational fees and, if applicable, the college fee 43 levied by the state university of New York pursuant to the April first, 44 nineteen hundred sixty-four financing agreements with the New York state 45 dormitory authority charged for the program in which the student is 46 enrolled total at least two hundred dollars a year[,]; and provided 47 further that[,] no award [can] shall exceed one hundred percent of the 48 amount of tuition charged. 49 § 4. Subitem (c) of item 1 of clause (A) of subparagraph (i) and 50 subparagraph (vi) of paragraph a of subdivision 3 of section 667 of the 51 education law, subitem (c) of item 1 of clause (A) of subparagraph (i) 52 as amended by section 1 of part U of chapter 56 of the laws of 2014 and 53 subparagraph (vi) as amended by section 1 of part B of chapter 60 of the 54 laws of 2000, are amended to read as follows: 55 (c) For students first receiving aid in two thousand--two thousand one 56 and [thereafter] before two thousand twenty-three--two thousand twenty-A. 707 3 1 four, five thousand dollars[, except starting in two thousand fourteen-2two thousand fifteen and thereafter such students shall receive five3thousand one hundred sixty-five dollars]; or 4 (I) For students first receiving aid in two thousand twenty-three--two 5 thousand twenty-four, five thousand five hundred dollars; or 6 (II) For students first receiving aid in two thousand twenty-four--two 7 thousand twenty-five and thereafter, six thousand dollars. 8 (vi) For the two thousand [two] twenty-three--two thousand [three] 9 twenty-four academic year and thereafter, the award shall be the net 10 amount of the base amount determined pursuant to subparagraph (i) of 11 this paragraph reduced pursuant to subparagraph (ii) or (iii) of this 12 paragraph but the award shall not be reduced below [five] nine hundred 13 fifty dollars; and one thousand dollars for each academic year and ther- 14 eafter. 15 § 5. Clause (B) of subparagraph (i) of paragraph a of subdivision 3 of 16 section 667 of the education law, as amended by section 1 of part B of 17 chapter 60 of the laws of 2000, is amended to read as follows: 18 (B) (1) Ninety-five percent of the amount of tuition [(exclusive of19educational fees) charged and, if applicable, the college fee levied by20the state university of New York pursuant to the April first, nineteen21hundred sixty-four financing agreement with the New York state dormitory22authority] and any mandatory educational fees. 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 of25educational fees) charged and, if applicable, the college fee levied by26the state university of New York pursuant to the April first, nineteen27hundred sixty-four financing agreement with the New York state dormitory28authority] and any mandatory educational fees. 29 § 6. Clause (B) of subparagraph (i) of paragraph b of subdivision 3 of 30 section 667 of the education law, as amended by section 2 of part B of 31 chapter 60 of the laws of 2000, is amended to read as follows: 32 (B) (1) Ninety-five percent of the amount of tuition [(exclusive of33educational fees)] and any mandatory educational fees charged. 34 (2) For the two thousand one--two thousand two academic year and ther- 35 eafter, one hundred percent of the amount of tuition [(exclusive of36educational fees)] and any mandatory educational fees. 37 § 7. Subparagraphs (i) and (ii) of paragraph c of subdivision 3 of 38 section 667 of the education law, as added by chapter 83 of the laws of 39 1995 and such paragraph as relettered by section 2 of part J of chapter 40 58 of the laws of 2011, are amended to read as follows: 41 (i) be made unless the annual tuition [(exclusive of educational42fees)] and any mandatory educational fees and, if applicable, the 43 college fee levied by the state university of New York pursuant to the 44 April first, nineteen hundred sixty-four financing agreement with the 45 New York state dormitory authority charged for the program in which the 46 student is enrolled total at least two hundred dollars; or 47 (ii) exceed the amount by which such annual tuition [(exclusive of48educational fees)] and any mandatory educational fees and, if applica- 49 ble, the college fee levied by the state university of New York pursuant 50 to the April first, nineteen hundred sixty-four financing agreement with 51 the New York state dormitory authority exceed the total of all other 52 state, federal, or other educational aid that is received or receivable 53 by such student during the school year for which such award is applica- 54 ble and that, in the judgment of the commissioner, would duplicate the 55 purposes of the award; orA. 707 4 1 § 8. Section 2 of the education law is amended by adding a new subdi- 2 vision 25 to read as follows: 3 25. Mandatory educational fee. The term "mandatory educational fee" 4 includes only those fees required to fulfill the requirements of a grad- 5 uate or undergraduate degree; provided, however, that such term excludes 6 those fees imposed by a vote of the student body. 7 § 9. This act shall take effect immediately; provided that the amend- 8 ments to section 663 of the education law made by section two of this 9 act shall apply to determinations made on or after such effective date.