Bill Text: NY A05090 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the foster care higher education scholarship pilot 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: Moderate Partisan Bill (Democrat 15-3)
Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A05090 Detail]
Download: New_York-2019-A05090-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5090 2019-2020 Regular Sessions IN ASSEMBLY February 7, 2019 ___________ Introduced by M. of A. JEAN-PIERRE, BLAKE, SIMON, JOYNER, CRESPO, WILLIAMS, ORTIZ, COLTON, DICKENS, HYNDMAN, COOK, D'URSO, MOSLEY, VANEL, BARCLAY, RAIA, WALSH, DAVILA -- 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 pilot program"; and providing for the repeal of such provisions upon expiration thereof 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 pilot program". 3 § 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 pilot program pursuant to 6 section six hundred sixty-eight-h of this title. 7 § 3. The education law is amended by adding a new section 668-h to 8 read as follows: 9 § 668-h. Foster care higher education scholarship pilot program. 1. 10 Purpose. The president shall establish a pilot program for the purpose 11 of granting scholarship awards to enhance opportunities for higher 12 education for children and young adults who are receiving, or who have 13 received, foster care services in New York state. Such scholarship 14 awards shall be available for the tuition and non-tuition costs of 15 eligible students enrolled in approved in-state undergraduate programs 16 or vocational training programs. 17 2. Definitions. As used in this section, the term: 18 (a) "Tuition" means the total semester, quarter, or credit hour cost 19 of instruction to the student as periodically published in the catalogue 20 of the institutions, specifically excluding mandatory fees, book charg- 21 es, and room and board. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03545-01-9A. 5090 2 1 (b) "Non-tuition cost of attendance" means (i) the actual amount 2 charged by the institution for room and board, and (ii) an allowance for 3 transportation, books, supplies, and personal expenses as determined by 4 the president and as approved by the director of the budget, provided 5 that such determination shall be made no later than December first of 6 each year for use in the succeeding academic year. In the event a 7 student does not incur room or board charges at the institution, "non- 8 tuition cost of attendance" shall mean an allowance for room and board 9 as determined by the president and approved by the director of the budg- 10 et. In determining allowances pursuant to this paragraph, the president 11 may take into consideration the allowances provided for in the Pell 12 grant program pursuant to section 1070-a of title 20 of the United 13 states Code. 14 (c) "Part-time study" means enrollment for at least three but less 15 than twelve semester hours per semester, or the equivalent, in an 16 approved undergraduate program. 17 (d) "Full-time study" shall mean enrollment for at least twelve credit 18 hours per semester, or the equivalent, in an approved undergraduate 19 program. 20 (e) "Approved vocational training programs" means in-state programs 21 offered by agencies approved by the commissioner for funding pursuant to 22 this section. The commissioner shall approve only such non-credit 23 programs which are at least three hundred twenty clock hours in length, 24 and which meet standards of instructional quality established in regu- 25 lations by the commissioner. These standards shall include, but not be 26 limited to, qualifications of administrative and instructional person- 27 nel, quality of facilities and equipment, recordkeeping, admission, 28 grading, attendance, and record of placement of completers which meets 29 standards of acceptability as established by the commissioner. 30 3. Eligibility. (a) An applicant shall be eligible for a scholarship 31 award pursuant to this section if, at the time of the initial applica- 32 tion to the corporation, the applicant has applied for and been selected 33 to receive for the first time an education and training voucher pursuant 34 to paragraph i of section 677 of the United States code for the first 35 academic year following enactment of the legislation and: 36 (1) is a legal resident of New York state; 37 (2) is sixteen to twenty-three years of age; 38 (3) has received foster care services pursuant to section three 39 hundred fifty-eight-a of the social services law or article ten of the 40 family court act for a period of nine months or more following the 41 child's sixteenth birthday or has been adopted after the age of sixteen; 42 (4) has received (i) a certificate of graduation from a school provid- 43 ing secondary education from a state within the United States; or (ii) 44 the recognized equivalent of such certificate; or (iii) received a pass- 45 ing score on a federally approved ability to benefit test that has been 46 identified by the board of regents as satisfying the eligibility 47 requirements of this section and has been independently administered and 48 evaluated as defined by the commissioner; and 49 (5) is matriculated in (i) an approved undergraduate program or (ii) 50 an approved in-state vocational training program. Pursuant to paragraph 51 a of subdivision four of section six hundred sixty-one of this part, the 52 institution or vocational training program shall be one that has been 53 approved and operating in this state for at least one year, and has been 54 approved for participation in federal student financial aid programs 55 authorized by Title IV of the Higher Education Act of 1965, as amended.A. 5090 3 1 (b) Applications for a scholarship award shall be made on forms and in 2 the manner prescribed by the corporation. 3 4. Amount. (a) The president shall grant annual scholarships in the 4 following amounts: 5 (1) If the recipient attends an undergraduate program at an institu- 6 tion of the city university of New York or an institution of the state 7 university of New York, the annual award shall be an amount equal to: 8 the tuition charged at the applicable institution of the state universi- 9 ty of New York or the city university of New York provided that, 10 notwithstanding any provision of law to the contrary, the tuition 11 charged to award recipients shall not exceed that charged to state resi- 12 dent students attending such institution; the mandatory fees charged at 13 such institution; and the non-tuition costs of attendance at such insti- 14 tution or college, provided that the scholarship shall not exceed an 15 amount that is equal to the total costs of attendance determined for 16 federal Title IV student financial aid purposes, less all other scholar- 17 ships and grants provided by New York state, other states, the federal 18 government, or other governments excluding loans, and the amount of 19 educational benefits excluding loans paid under any program that would 20 duplicate the purposes of this program, provided that any scholarships 21 or grants provided to a recipient by the institution which are intended 22 to fund any portion of the difference between the annual award amount 23 and the actual costs of attendance at any such institution shall not be 24 considered to duplicate the purposes of this program. 25 (2) If the recipient attends any other approved undergraduate program 26 or vocational training program within New York state, the annual award 27 shall be based upon an amount equal to: the tuition charged to state 28 resident students attending a four-year college of the state university 29 of New York; the average mandatory fees charged at four-year colleges of 30 the state university of New York, or the actual tuition and fees charged 31 to the recipient, whichever is less; and the average non-tuition cost of 32 attendance, as determined by the president and as approved by the direc- 33 tor of the budget, for a student at the state university of New York or 34 the actual non-tuition cost of attendance at such institution incurred 35 by the recipient, whichever is less, provided that the scholarship shall 36 not exceed an amount that is equal to the total cost of attendance 37 determined for federal Title IV student financial aid purposes, less all 38 other scholarships and grants provided by New York state, other states, 39 the federal government, or other governments excluding loans, and the 40 amount of educational benefits excluding loans paid under any program 41 that would duplicate the purposes of this program, provided that any 42 scholarships or grants provided to a recipient by the institution which 43 are intended to fund any portion of the difference between the annual 44 award amount and the actual costs of attendance at any such institution 45 shall not be considered to duplicate the purposes of this program. 46 (b) Nothing contained in this section shall modify or eliminate the 47 obligations of a social services official pursuant to subdivision ten of 48 section three hundred ninety-eight of the social services law who, for a 49 foster child in attendance at a college or university away from his or 50 her foster family boarding home, group home, agency boarding home or 51 institution, makes foster payments to such college or university in lieu 52 of payment to the foster parents or authorized agency, for the purpose 53 of room and board. 54 (c) In no event shall the combination of all student financial aid 55 received by a student exceed a recipient's total cost of attendance at 56 the institution being attended.A. 5090 4 1 5. Additional services. If a student qualifying for the foster care 2 higher education scholarship pilot program has matriculated in an under- 3 graduate institution of the state university of New York, the city 4 university of New York, or a non-public institution of higher education 5 which operates an education opportunity program pursuant to sections 6 sixty-four hundred fifty-one or sixty-four hundred fifty-two of this 7 chapter, the student should be provided access to the support services 8 provided under this education opportunity program, including remedial 9 courses, developmental and compensatory courses and summer classes, 10 special tutoring, counseling, and guidance services. 11 6. Duration. (a) Each recipient enrolled in an approved undergraduate 12 program shall receive awards for more than eight semesters of full time 13 undergraduate study, or the equivalent of four academic years. 14 (b) No recipient enrolled in an approved vocational training program 15 shall receive awards for more than four semesters of full-time study or 16 the equivalent of two academic years of full-time study. 17 7. Requirements. (a) Each recipient of an award pursuant to this 18 section shall enroll in an approved full-time or part-time degree, 19 diploma or certificate program or course of undergraduate study and 20 retain satisfactory academic standing. 21 (b) Each recipient of a scholarship award pursuant to this section 22 shall be required to complete a new application for each subsequent 23 academic year and must meet the eligibility requirements set forth in 24 subparagraphs one through five of paragraph (a) of subdivision three of 25 this section, provided that no recipient shall receive awards for a 26 period of time exceeding the provisions set forth in subdivision six of 27 this section. 28 (c) Each applicant shall have completed the following at the time of 29 initial application and each application for subsequent academic years: 30 (1) applied for a tuition assistance program award pursuant to section 31 six hundred sixty-seven of this subpart, (2) completed and submitted a 32 federal student aid application pursuant to section 1090 of the United 33 States code, and (3) applied for and been selected to receive an educa- 34 tional and training voucher pursuant to paragraph i of section 677 of 35 the United States code. Pursuant to paragraph (a) of subdivision four of 36 this section, when determining the annual award amount, any grant aid or 37 financial assistance received, excluding loans, shall be utilized to 38 offset the total cost of attendance determined for federal Title IV 39 student financial aid purposes to the maximum extent possible, except 40 that nothing shall require that aid received which may be used towards 41 costs other than tuition shall be applied toward the cost of tuition. 42 8. Reports and the evaluation of the pilot program. Upon the 43 completion of two years of operation and four years of operation, the 44 president shall evaluate and assess the results of the pilot program, 45 including the following: 46 (a) The retention rate of all scholarship recipients enrolled in a 47 four-year undergraduate program upon two years of operation; 48 (b) The retention rate of all scholarship recipients enrolled in a 49 four-year undergraduate program with access to the services offered 50 under an education opportunity program pursuant to sections sixty-four 51 hundred fifty-one and sixty-four hundred fifty-two of this chapter upon 52 two years of operation; 53 (c) The degree completion rate of scholarship recipients enrolled in 54 vocational training programs upon two years of operation;A. 5090 5 1 (d) The degree completion rate of scholarship recipients enrolled as 2 full-time students in a two-year undergraduate program upon two years of 3 operation; 4 (e) The degree completion rate of scholarship recipients enrolled as 5 full-time students in a two-year undergraduate program with access to 6 the services offered under an education opportunity program pursuant to 7 sections sixty-four hundred fifty-one and sixty-four hundred fifty-two 8 of this chapter upon two years of operation; 9 (f) The degree completion rate of scholarship recipients enrolled as 10 full-time students in a four-year undergraduate program upon four years 11 of operation; 12 (g) The degree completion rate of scholarship recipients enrolled as 13 full-time students in a four-year undergraduate program with access to 14 the services offered under an education opportunity program pursuant to 15 sections sixty-four hundred fifty-one and sixty-four hundred fifty-two 16 of this chapter upon four years of operation; 17 (h) The retention rate of scholarship recipients enrolled as part-time 18 students in an undergraduate program upon four years of operation; and 19 (i) The retention rate of scholarship recipients enrolled as part-time 20 students in an undergraduate program with access to the services offered 21 under an education opportunity program pursuant to sections sixty-four 22 hundred fifty-one and sixty-four hundred fifty-two of this chapter upon 23 four years of operation. 24 9. Rules and regulations. The corporation in consultation with the 25 commissioner of the office of children and family services, shall 26 promulgate any rules and regulations necessary for the implementation of 27 the provisions of this section. 28 § 4. This act shall take effect immediately; and shall be applicable 29 for awards made for the academic year which begins on the first of July 30 next succeeding such effective date and shall expire four years later, 31 when upon such date the provisions of this act shall be deemed repealed.