Bill Text: NY A00946 | 2023-2024 | 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: Strong Partisan Bill (Democrat 19-1)
Status: (Introduced) 2024-01-03 - referred to higher education [A00946 Detail]
Download: New_York-2023-A00946-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 946 2023-2024 Regular Sessions IN ASSEMBLY January 11, 2023 ___________ Introduced by M. of A. JACOBSON, TAYLOR, REYES, SIMON, LAVINE, SAYEGH, WALLACE, HYNDMAN, LUPARDO, COLTON, BURKE, EPSTEIN, SEAWRIGHT, McMAHON, CRUZ, KIM, BUTTENSCHON -- read once and referred 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, subdivision 1 as amended by section 1 of part T of chapter 56 of 3 the laws of 2018, subdivision 2 as amended by section 1 of part G of 4 chapter 56 of the laws of 2022 and subdivision 3 as added by section 1 5 of part HHH of chapter 59 of the laws of 2017, are amended and a new 6 subdivision 2-a is added to read as follows: 7 1. Eligibility. An excelsior scholarship award shall be made to an 8 applicant who: (a) is matriculated in an approved program leading to an 9 undergraduate degree at a New York state public institution of higher 10 education, which for the purposes of this section shall include all 11 two-year and four-year colleges operated by the state university of New 12 York or the city university of New York; (b) if enrolled in (i) a public 13 institution of higher education prior to application, has completed at 14 least [thirty] twenty-four combined credits per year if enrolled on a 15 full-time basis or at least twelve combined credits per year if enrolled 16 on a part-time basis following the student's start date, or its equiv- 17 alent, applicable to his or her program or programs of study or (ii) an 18 institution of higher education prior to application, has completed at 19 least [thirty] twenty-four combined credits per year if enrolled on a 20 full-time basis or at least twelve combined credits per year if enrolled 21 on a part-time basis following the student's start date, or its equiv- 22 alent, applicable to his or her program or programs of study and which 23 were accepted upon transfer to a public institution of higher education; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02198-01-3A. 946 2 1 (c) enrolls in at least twelve credits per semester and completes at 2 least [thirty] twenty-four combined credits per year if enrolled on a 3 full-time basis or at least six credits if enrolled on a part-time basis 4 following the student's start date, or its equivalent, applicable to his 5 or her program or programs of study except in limited circumstances as 6 prescribed by the corporation in regulation. Notwithstanding, in the 7 student's last semester, the student may take at least one course needed 8 to meet his or her graduation requirements and enroll in and complete 9 [at least twelve credit hours or its equivalent] as many credits as 10 required to obtain his or her degree. For students who are disabled as 11 defined by the Americans With Disabilities Act of 1990, 42 USC 12101, 12 the corporation shall prescribe rules and regulations that allow appli- 13 cants who are disabled to be eligible for an award pursuant to this 14 section based on modified criteria; (d) has an adjusted gross income for 15 the qualifying year, as such terms are defined in this subdivision, 16 equal to or less than: (i) one hundred thirty-five thousand dollars for 17 recipients receiving an award in the two thousand [seventeen] 18 twenty-one--two thousand [eighteen] twenty-two academic year; (ii) one 19 hundred [ten] fifty thousand dollars for recipients receiving an award 20 in the two thousand [eighteen] twenty-two--two thousand [nineteen] twen- 21 ty-three academic year; and (iii) one hundred [twenty-five] fifty thou- 22 sand dollars for recipients receiving an award in the two thousand 23 [nineteen] twenty-three--two thousand [twenty] twenty-four academic year 24 and thereafter; and (e) complies with the applicable provisions of this 25 article and all requirements promulgated by the corporation for the 26 administration of the program. Adjusted gross income shall be the total 27 of the combined adjusted gross income of the applicant and the appli- 28 cant's parents or the applicant and the applicant's spouse, if married. 29 Qualifying year shall be the adjusted gross income as reported on the 30 federal income tax return, or as otherwise obtained by the corporation, 31 for the calendar year coinciding with the tax year established by the 32 U.S. department of education to qualify applicants for federal student 33 financial aid programs authorized by Title IV of the Higher Education 34 Act of nineteen hundred sixty-five, as amended, for the school year in 35 which application for assistance is made. Provided, however, if an 36 applicant demonstrates to the corporation that there has been a change 37 in such applicant's adjusted gross income in the year(s) subsequent to 38 the qualifying year which would qualify such applicant for an award, the 39 corporation shall review and make a determination as to whether such 40 applicant meets the requirement set forth in paragraph (d) of this 41 subdivision based on such year. Provided, further that such change was 42 caused by the death, permanent and total physical or mental disability, 43 divorce, or separation by judicial decree or pursuant to an agreement of 44 separation which is filed with a court of competent jurisdiction of any 45 person whose income was required to be used to compute the applicant's 46 total adjusted gross income. 47 2. Amount. Within amounts appropriated therefor and based on avail- 48 ability of funds, awards shall be granted beginning with the two thou- 49 sand [seventeen] twenty-three--two thousand [eighteen] twenty-four 50 academic year and thereafter to applicants that the corporation has 51 determined are eligible to receive such awards. The corporation shall 52 grant such awards for full-time students in an amount up to five thou- 53 sand five hundred dollars or actual tuition, whichever is less and for 54 part-time students in an amount up to two thousand seven hundred fifty 55 dollars or actual tuition, whichever is less; provided, however, (a) a 56 student who receives educational grants and/or scholarships that coverA. 946 3 1 the student's full cost of attendance shall not be eligible for an award 2 under this program; and (b) an award under this program shall be applied 3 to tuition after the application of payments received under the tuition 4 assistance program pursuant to section six hundred sixty-seven of this 5 subpart, tuition credits pursuant to section six hundred eighty-nine-a 6 of this article, federal Pell grant pursuant to section one thousand 7 seventy of title twenty of the United States code, et seq., and any 8 other program that covers the cost of attendance unless exclusively for 9 non-tuition expenses, and the award under this program shall be reduced 10 in the amount equal to such payments, provided that the combined bene- 11 fits do not exceed five thousand five hundred dollars. Upon notification 12 of an award under this program, the institution shall defer the amount 13 of tuition. Notwithstanding paragraph h of subdivision two of section 14 three hundred fifty-five and paragraph (a) of subdivision seven of 15 section six thousand two hundred six of this chapter, and any other law, 16 rule or regulation to the contrary, the undergraduate tuition charged by 17 the institution to recipients of an award shall not exceed the tuition 18 rate established by the institution for the two thousand [sixteen] twen- 19 ty-two--two thousand [seventeen] twenty-three academic year provided, 20 however, that in the two thousand [twenty-two] twenty-four--two thousand 21 [twenty-three] twenty-five academic year and every year thereafter, the 22 undergraduate tuition charged by the institution to recipients of an 23 award shall be reset to equal the tuition rate established by the insti- 24 tution for the forthcoming academic year, provided further that the 25 tuition credit calculated pursuant to section six hundred eighty-nine-a 26 of this article shall be applied toward the tuition rate charged for 27 recipients of an award under this program. Provided further that the 28 state university of New York and the city university of New York shall 29 provide an additional tuition credit to students receiving an award to 30 cover the remaining cost of tuition. 31 2-a. In the event that for any reason, the student does not receive 32 his or her two-year, four-year or five-year degree or complete the BOCES 33 or vocational program referred to in paragraph (g) of subdivision four 34 of this section, the student shall not suffer any penalty with respect 35 to the scholarship received under the excelsior scholarship program. 36 3. Duration. An eligible recipient shall not receive an award for more 37 than [four] five academic years of full-time or ten academic years of 38 part-time undergraduate study for a four-year degree or [five] six full- 39 time or twelve part-time academic years if the program of study normally 40 requires five years. An eligible recipient enrolled full-time in an 41 eligible [two year] two-year program of study shall not receive an award 42 for more than two and a half academic years and an eligible recipient 43 enrolled part-time in an eligible two year program of study shall not 44 receive an award for more than five academic years. Notwithstanding, 45 such duration may be extended for an allowable interruption of study 46 including, but not limited to, death of a family member, medical leave, 47 military service, and parental leave, as established by the corporation 48 in regulation. 49 § 2. Subdivision 4 of section 669-h of the education law is amended by 50 adding a new paragraph (g) to read as follows: 51 (g) Notwithstanding any other provision of law to the contrary, an 52 applicant who satisfied all other requirements of this section shall be 53 eligible to receive an award pursuant to this section if such applicant 54 is enrolled on at least a part-time basis or its equivalent in a board 55 of educational services (BOCES) or other approved vocational program at 56 a SUNY or CUNY community college as determined by the applicable educa-A. 946 4 1 tional authority. Within amounts appropriated therefor and based on 2 availability of funds, awards shall be granted beginning with the two 3 thousand twenty-three--two thousand twenty-four academic year and there- 4 after to applicants that the corporation has determined are eligible to 5 receive such awards. The corporation shall grant such awards to eligible 6 full-time and part-time students in accordance with subdivision three of 7 this section. A recipient eligible for an award pursuant to this para- 8 graph shall not receive an award for more than four academic years of 9 full-time or eight academic years of part-time enrollment in such BOCES 10 or other approved vocational program. Years enrolled are not required to 11 be consecutive. 12 § 3. This act shall take effect immediately and shall apply to any 13 eligible applicant beginning with the 2023-2024 academic year.
