Bill Text: NY A03627 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes the foster care higher education scholarship program; grants awards for the purpose of enhancing opportunities for higher education for children and young adults receiving foster care services in New York.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2015-05-07 - enacting clause stricken [A03627 Detail]
Download: New_York-2015-A03627-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3627
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
___________
Introduced by M. of A. SCARBOROUGH, BRENNAN, COLTON, RAMOS, ZEBROWSKI --
Multi-Sponsored by -- M. of A. CAHILL, CLARK, GUNTHER, ROBINSON,
WRIGHT -- read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to creating the "Foster
care higher education scholarship program"
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 "Foster care higher education scholarship program".
3 S 2. Section 604 of the education law is amended by adding a new
4 subdivision 13 to read as follows:
5 13. FOSTER CARE HIGHER EDUCATION SCHOLARSHIP PROGRAM PURSUANT TO
6 SECTION SIX HUNDRED SIXTY-EIGHT-H OF THIS TITLE.
7 S 3. The education law is amended by adding a new section 668-h to
8 read as follows:
9 S 668-H. FOSTER CARE HIGHER EDUCATION SCHOLARSHIP PROGRAM. 1.
10 PURPOSE. THE PRESIDENT SHALL GRANT SCHOLARSHIP AWARDS FOR THE PURPOSE OF
11 ENHANCING OPPORTUNITIES FOR HIGHER EDUCATION FOR CHILDREN AND YOUNG
12 ADULTS WHO ARE RECEIVING, OR WHO HAVE RECEIVED, FOSTER CARE SERVICES IN
13 NEW YORK STATE. SUCH SCHOLARSHIP AWARDS SHALL BE AVAILABLE FOR THE
14 TUITION AND NON-TUITION COSTS OF ELIGIBLE STUDENTS ENROLLED IN APPROVED
15 UNDERGRADUATE PROGRAMS OR VOCATIONAL TRAINING PROGRAMS.
16 2. DEFINITIONS. AS USED IN THIS SECTION, THE TERM:
17 (A) "TUITION" MEANS THE TOTAL SEMESTER, QUARTER, OR CREDIT HOUR COST
18 OF INSTRUCTION TO THE STUDENT AS PERIODICALLY PUBLISHED IN THE CATALOGUE
19 OF THE INSTITUTIONS, SPECIFICALLY EXCLUDING MANDATORY FEES, BOOK CHARG-
20 ES, AND ROOM AND BOARD.
21 (B) "NON-TUITION COST OF ATTENDANCE" MEANS (I) THE ACTUAL AMOUNT
22 CHARGED BY THE INSTITUTION FOR ROOM AND BOARD, AND (II) AN ALLOWANCE FOR
23 TRANSPORTATION, BOOKS AND SUPPLIES AS DETERMINED BY THE PRESIDENT AND AS
24 APPROVED BY THE DIRECTOR OF THE BUDGET, PROVIDED THAT SUCH DETERMINATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08087-01-5
A. 3627 2
1 SHALL BE MADE NO LATER THAN DECEMBER FIRST OF EACH YEAR FOR USE IN THE
2 SUCCEEDING ACADEMIC YEAR. IN THE EVENT A STUDENT DOES NOT INCUR ROOM OR
3 BOARD CHARGES AT THE INSTITUTION, "NON-TUITION COST OF ATTENDANCE" SHALL
4 MEAN AN ALLOWANCE FOR ROOM AND BOARD AS DETERMINED BY THE PRESIDENT AND
5 APPROVED BY THE DIRECTOR OF THE BUDGET. IN DETERMINING ALLOWANCES PURSU-
6 ANT TO THIS PARAGRAPH, THE PRESIDENT MAY TAKE INTO CONSIDERATION THE
7 ALLOWANCES PROVIDED FOR IN THE PELL GRANT PROGRAM PURSUANT TO SECTION
8 1070-A OF TITLE 20 OF THE UNITED STATES CODE.
9 (C) "PART-TIME STUDY" MEANS ENROLLMENT FOR AT LEAST THREE BUT LESS
10 THAN TWELVE SEMESTER HOURS PER SEMESTER, OR THE EQUIVALENT, IN AN
11 APPROVED UNDERGRADUATE PROGRAM.
12 (D) "FULL-TIME STUDY" SHALL MEAN ENROLLMENT FOR AT LEAST TWELVE CREDIT
13 HOURS PER SEMESTER, OR THE EQUIVALENT, IN AN APPROVED UNDERGRADUATE
14 PROGRAM.
15 (E) "APPROVED VOCATIONAL TRAINING PROGRAMS" MEANS IN-STATE PROGRAMS
16 OFFERED BY AGENCIES APPROVED BY THE COMMISSIONER FOR FUNDING PURSUANT TO
17 THIS SECTION. THE COMMISSIONER SHALL APPROVE ONLY SUCH NON-CREDIT
18 PROGRAMS WHICH ARE AT LEAST THREE HUNDRED TWENTY CLOCK HOURS IN LENGTH,
19 AND WHICH MEET STANDARDS OF INSTRUCTIONAL QUALITY ESTABLISHED IN REGU-
20 LATIONS BY THE COMMISSIONER. THESE STANDARDS SHALL INCLUDE, BUT NOT BE
21 LIMITED TO, QUALIFICATIONS OF ADMINISTRATIVE AND INSTRUCTIONAL PERSON-
22 NEL, QUALITY OF FACILITIES AND EQUIPMENT, RECORDKEEPING, ADMISSION,
23 GRADING, ATTENDANCE, AND RECORD OF PLACEMENT OF COMPLETERS WHICH MEETS
24 STANDARDS OF ACCEPTABILITY AS ESTABLISHED BY THE COMMISSIONER.
25 3. ELIGIBILITY. (A) AN APPLICANT SHALL BE ELIGIBLE FOR A SCHOLARSHIP
26 AWARD PURSUANT TO THIS SECTION IF, AT THE TIME OF THE INITIAL APPLICA-
27 TION TO THE CORPORATION, THE APPLICANT:
28 (1) IS SIXTEEN TO TWENTY-THREE YEARS OF AGE;
29 (2) HAS RECEIVED FOSTER CARE SERVICES PURSUANT TO SECTION THREE
30 HUNDRED FIFTY-EIGHT-A OF THE SOCIAL SERVICES LAW OR ARTICLE TEN OF THE
31 FAMILY COURT ACT FOR A PERIOD OF NINE MONTHS OR MORE FOLLOWING THE
32 CHILD'S SIXTEENTH BIRTHDAY OR HAS BEEN ADOPTED AFTER THE AGE OF SIXTEEN;
33 (3) HAS RECEIVED (I) A CERTIFICATE OF GRADUATION FROM A SCHOOL PROVID-
34 ING SECONDARY EDUCATION FROM A STATE WITHIN THE UNITED STATES; OR (II)
35 THE RECOGNIZED EQUIVALENT OF SUCH CERTIFICATE; OR (III) RECEIVED A PASS-
36 ING SCORE ON A FEDERALLY APPROVED ABILITY TO BENEFIT TEST THAT HAS BEEN
37 IDENTIFIED BY THE BOARD OF REGENTS AS SATISFYING THE ELIGIBILITY
38 REQUIREMENTS OF THIS SECTION AND HAS BEEN INDEPENDENTLY ADMINISTERED AND
39 EVALUATED AS DEFINED BY THE COMMISSIONER; AND
40 (4) IS MATRICULATED IN (I) AN APPROVED UNDERGRADUATE PROGRAM OR (II)
41 AN APPROVED VOCATIONAL TRAINING PROGRAM. PURSUANT TO PARAGRAPH A OF
42 SUBDIVISION FOUR OF SECTION SIX HUNDRED SIXTY-ONE OF THIS PART, THE
43 INSTITUTION OR VOCATIONAL TRAINING PROGRAM SHALL BE ONE THAT HAS BEEN
44 APPROVED AND OPERATING IN THIS STATE FOR AT LEAST ONE YEAR, AND HAS BEEN
45 APPROVED FOR PARTICIPATION IN FEDERAL STUDENT FINANCIAL AID PROGRAMS
46 AUTHORIZED BY TITLE IV OF THE HIGHER EDUCATION ACT OF 1965, AS AMENDED.
47 (B) APPLICATIONS FOR A SCHOLARSHIP AWARD SHALL BE MADE ON FORMS AND IN
48 THE MANNER PRESCRIBED BY THE CORPORATION.
49 4. AMOUNT. (A) THE PRESIDENT SHALL GRANT ANNUAL SCHOLARSHIPS IN THE
50 FOLLOWING AMOUNTS:
51 (1) IF THE RECIPIENT ATTENDS AN UNDERGRADUATE PROGRAM AT AN INSTITU-
52 TION OF THE CITY UNIVERSITY OF NEW YORK OR AN INSTITUTION OF THE STATE
53 UNIVERSITY OF NEW YORK, THE ANNUAL AWARD SHALL BE AN AMOUNT EQUAL TO:
54 THE TUITION CHARGED AT THE APPLICABLE INSTITUTION OF THE STATE UNIVERSI-
55 TY OF NEW YORK OR THE CITY UNIVERSITY OF NEW YORK PROVIDED THAT,
56 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE TUITION
A. 3627 3
1 CHARGED TO AWARD RECIPIENTS SHALL NOT EXCEED THAT CHARGED TO STATE RESI-
2 DENT STUDENTS ATTENDING SUCH INSTITUTION; THE MANDATORY FEES CHARGED AT
3 SUCH INSTITUTION; AND THE NON-TUITION COSTS OF ATTENDANCE AT SUCH INSTI-
4 TUTION OR COLLEGE, PROVIDED THAT THE SCHOLARSHIP SHALL NOT EXCEED AN
5 AMOUNT THAT IS EQUAL TO THE TOTAL COSTS OF ATTENDANCE DETERMINED FOR
6 FEDERAL TITLE IV STUDENT FINANCIAL AID PURPOSES, LESS ALL OTHER SCHOLAR-
7 SHIPS AND GRANTS PROVIDED BY NEW YORK STATE, OTHER STATES, THE FEDERAL
8 GOVERNMENT, OR OTHER GOVERNMENTS EXCLUDING LOANS, AND THE AMOUNT OF
9 EDUCATIONAL BENEFITS PAID UNDER ANY PROGRAM THAT WOULD DUPLICATE THE
10 PURPOSES OF THIS PROGRAM, PROVIDED THAT ANY SCHOLARSHIPS OR GRANTS
11 PROVIDED TO A RECIPIENT BY THE INSTITUTION WHICH ARE INTENDED TO FUND
12 ANY PORTION OF THE DIFFERENCE BETWEEN THE ANNUAL AWARD AMOUNT AND THE
13 ACTUAL COSTS OF ATTENDANCE AT ANY SUCH INSTITUTION SHALL NOT BE CONSID-
14 ERED TO DUPLICATE THE PURPOSES OF THIS PROGRAM.
15 (2) IF THE RECIPIENT ATTENDS ANY OTHER APPROVED UNDERGRADUATE PROGRAM
16 OR VOCATIONAL TRAINING PROGRAM WITHIN NEW YORK STATE, THE ANNUAL AWARD
17 SHALL BE BASED UPON AN AMOUNT EQUAL TO: THE TUITION CHARGED TO STATE
18 RESIDENT STUDENTS ATTENDING A FOUR-YEAR COLLEGE OF THE STATE UNIVERSITY
19 OF NEW YORK; THE AVERAGE MANDATORY FEES CHARGED AT FOUR-YEAR COLLEGES OF
20 THE STATE UNIVERSITY OF NEW YORK, OR THE ACTUAL TUITION AND FEES CHARGED
21 TO THE RECIPIENT, WHICHEVER IS LESS; AND THE AVERAGE NON-TUITION COST OF
22 ATTENDANCE, AS DETERMINED BY THE PRESIDENT AND AS APPROVED BY THE DIREC-
23 TOR OF THE BUDGET, FOR A STUDENT AT THE STATE UNIVERSITY OF NEW YORK OR
24 ACTUAL NON-TUITION COST OF ATTENDANCE AT SUCH INSTITUTION, WHICHEVER IS
25 LESS, PROVIDED THAT THE SCHOLARSHIP SHALL NOT EXCEED AN AMOUNT THAT IS
26 EQUAL TO THE TOTAL COST OF ATTENDANCE DETERMINED FOR FEDERAL TITLE IV
27 STUDENT FINANCIAL AID PURPOSES, LESS ALL OTHER SCHOLARSHIPS AND GRANTS
28 PROVIDED BY NEW YORK STATE, OTHER STATES, THE FEDERAL GOVERNMENT, OR
29 OTHER GOVERNMENTS EXCLUDING LOANS, AND THE AMOUNT OF EDUCATIONAL BENE-
30 FITS PAID UNDER ANY PROGRAM THAT WOULD DUPLICATE THE PURPOSES OF THIS
31 PROGRAM, PROVIDED THAT ANY SCHOLARSHIPS OR GRANTS PROVIDED TO A RECIPI-
32 ENT BY THE INSTITUTION WHICH ARE INTENDED TO FUND ANY PORTION OF THE
33 DIFFERENCE BETWEEN THE ANNUAL AWARD AMOUNT AND THE ACTUAL COSTS OF
34 ATTENDANCE AT ANY SUCH INSTITUTION SHALL NOT BE CONSIDERED TO DUPLICATE
35 THE PURPOSES OF THIS PROGRAM.
36 (B) NOTHING CONTAINED IN THIS SECTION SHALL MODIFY OR ELIMINATE THE
37 OBLIGATIONS OF A SOCIAL SERVICES OFFICIAL PURSUANT TO SUBDIVISION TEN OF
38 SECTION THREE HUNDRED NINETY-EIGHT OF THE SOCIAL SERVICES LAW WHO, FOR A
39 FOSTER CHILD IN ATTENDANCE AT A COLLEGE OR UNIVERSITY AWAY FROM HIS OR
40 HER FOSTER FAMILY BOARDING HOME, GROUP HOME, AGENCY BOARDING HOME OR
41 INSTITUTION, MAKES FOSTER PAYMENTS TO SUCH COLLEGE OR UNIVERSITY IN LIEU
42 OF PAYMENT TO THE FOSTER PARENTS OR AUTHORIZED AGENCY, FOR THE PURPOSE
43 OF ROOM AND BOARD.
44 (C) IN NO EVENT SHALL THE COMBINATION OF ALL STUDENT FINANCIAL AID
45 RECEIVED BY A STUDENT EXCEED A RECIPIENT'S TOTAL COST OF ATTENDANCE AT
46 THE INSTITUTION BEING ATTENDED.
47 5. ADDITIONAL SERVICES. IF A STUDENT QUALIFYING FOR THE FOSTER CARE
48 HIGHER EDUCATION SCHOLARSHIP PROGRAM HAS MATRICULATED IN AN UNDERGRADU-
49 ATE INSTITUTION OF THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY
50 OF NEW YORK, OR A NON-PUBLIC INSTITUTION OF HIGHER EDUCATION WHICH OPER-
51 ATES AN EDUCATION OPPORTUNITY PROGRAM PURSUANT TO SECTIONS SIXTY-FOUR
52 HUNDRED FIFTY-ONE OR SIXTY-FOUR HUNDRED FIFTY-TWO OF THIS CHAPTER, THE
53 STUDENT SHOULD BE PROVIDED ACCESS TO THE SUPPORT SERVICES PROVIDED UNDER
54 THIS EDUCATION OPPORTUNITY PROGRAM, INCLUDING REMEDIAL COURSES, DEVELOP-
55 MENTAL AND COMPENSATORY COURSES AND SUMMER CLASSES, SPECIAL TUTORING,
56 COUNSELING, AND GUIDANCE SERVICES.
A. 3627 4
1 6. DURATION. (A) NO RECIPIENT SHALL RECEIVE AWARDS FOR MORE THAN EIGHT
2 SEMESTERS OF FULL TIME UNDERGRADUATE STUDY, OR THE EQUIVALENT OF FOUR
3 ACADEMIC YEARS, OR, IF AN UNDERGRADUATE PROGRAM NORMALLY REQUIRES FIVE
4 ACADEMIC YEARS OF FULL-TIME STUDY, FOR MORE THAN TEN SEMESTERS OF FULL-
5 TIME STUDY, OR THE EQUIVALENT OF FIVE ACADEMIC YEARS. RECIPIENTS
6 ENROLLED IN A PROGRAM OF REMEDIAL STUDY CONFORMING TO THE PROVISIONS OF
7 THIS ARTICLE, APPROVED BY THE COMMISSIONER IN A DEGREE GRANTING INSTITU-
8 TION, AND INTENDED TO CULMINATE IN AN UNDERGRADUATE DEGREE SHALL BE
9 CONSIDERED AS ENROLLED IN A PROGRAM NORMALLY REQUIRING FIVE YEARS. NO
10 RECIPIENT ENROLLED IN AN APPROVED VOCATIONAL TRAINING PROGRAM SHALL
11 RECEIVE AWARDS FOR MORE THAN FOUR SEMESTERS OF FULL-TIME STUDY OR THE
12 EQUIVALENT OF TWO ACADEMIC YEARS OF FULL-TIME STUDY.
13 (B) NO RECIPIENT SHALL RECEIVE AWARDS FOR MORE THAN SIXTEEN SEMESTERS
14 OF PART-TIME UNDERGRADUATE STUDY AS DEFINED IN SUBDIVISION TWO OF THIS
15 SECTION, OR THE EQUIVALENT OF EIGHT ACADEMIC YEARS OF PART-TIME STUDY,
16 OR, IF AN UNDERGRADUATE PROGRAM NORMALLY REQUIRES FIVE ACADEMIC YEARS OF
17 FULL-TIME STUDY, FOR MORE THAN TWENTY SEMESTERS OF PART-TIME STUDY, OR
18 THE EQUIVALENT OF TEN ACADEMIC YEARS. RECIPIENTS ENROLLED IN A PROGRAM
19 OF REMEDIAL STUDY CONFORMING TO THE PROVISIONS OF THIS CHAPTER, APPROVED
20 BY THE COMMISSIONER IN A DEGREE GRANTING INSTITUTION, AND INTENDED TO
21 CULMINATE IN AN UNDERGRADUATE DEGREE SHALL BE CONSIDERED AS ENROLLED IN
22 A PROGRAM NORMALLY REQUIRING FIVE YEARS. NO RECIPIENT ENROLLED IN AN
23 APPROVED VOCATIONAL TRAINING PROGRAM SHALL RECEIVE AWARDS FOR MORE THAN
24 EIGHT SEMESTERS OF PART-TIME STUDY OR THE EQUIVALENT OF FOUR ACADEMIC
25 YEARS OF PART-TIME STUDY.
26 7. REQUIREMENTS. (A) EACH RECIPIENT OF AN AWARD PURSUANT TO THIS
27 SECTION SHALL ENROLL IN AN APPROVED FULL-TIME OR PART-TIME DEGREE,
28 DIPLOMA OR CERTIFICATE PROGRAM OR COURSE OF UNDERGRADUATE STUDY AND
29 RETAIN SATISFACTORY ACADEMIC STANDING.
30 (B) EACH APPLICANT SHALL HAVE COMPLETED THE FOLLOWING AT THE TIME OF
31 APPLICATION: (1) APPLIED FOR A TUITION ASSISTANCE PROGRAM AWARD PURSUANT
32 TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS SUBPART, (2) COMPLETED AND
33 SUBMITTED A FEDERAL STUDENT AID APPLICATION PURSUANT TO SECTION 1090 OF
34 THE UNITED STATES CODE, AND (3) IF ELIGIBLE, APPLIED FOR AN EDUCATIONAL
35 AND TRAINING VOUCHER PURSUANT TO PARAGRAPH I OF SECTION 677 OF THE
36 UNITED STATES CODE. PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF
37 THIS SECTION, WHEN DETERMINING THE ANNUAL AWARD AMOUNT, ANY GRANT AID OR
38 FINANCIAL ASSISTANCE RECEIVED, EXCLUDING LOANS, SHALL BE UTILIZED TO
39 OFFSET THE TOTAL COST OF ATTENDANCE DETERMINED FOR FEDERAL TITLE IV
40 STUDENT FINANCIAL AID PURPOSES TO THE MAXIMUM EXTENT POSSIBLE, EXCEPT
41 THAT NOTHING SHALL REQUIRE THAT AID RECEIVED WHICH MAY BE USED TOWARDS
42 COSTS OTHER THAN TUITION SHALL BE APPLIED TOWARD THE COST OF TUITION.
43 8. RULES AND REGULATIONS. THE CORPORATION IN CONSULTATION WITH THE
44 COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, SHALL
45 PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF
46 THE PROVISIONS OF THIS SECTION.
47 S 4. This act shall take effect immediately.
