Bill Text: NY A08168 | 2017-2018 | 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 17-3)
Status: (Introduced - Dead) 2018-01-03 - referred to higher education [A08168 Detail]
Download: New_York-2017-A08168-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8168 2017-2018 Regular Sessions IN ASSEMBLY June 1, 2017 ___________ Introduced by M. of A. JEAN-PIERRE, LUPINACCI -- 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. 22 (b) "Non-tuition cost of attendance" means (i) the actual amount 23 charged by the institution for room and board, and (ii) an allowance for 24 transportation, books, supplies, and personal expenses as determined by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09631-01-7A. 8168 2 1 the president and as approved by the director of the budget, provided 2 that such determination shall be made no later than December first of 3 each year for use in the succeeding academic year. In the event a 4 student does not incur room or board charges at the institution, "non- 5 tuition cost of attendance" shall mean an allowance for room and board 6 as determined by the president and approved by the director of the budg- 7 et. In determining allowances pursuant to this paragraph, the president 8 may take into consideration the allowances provided for in the Pell 9 grant program pursuant to section 1070-a of title 20 of the United 10 states Code. 11 (c) "Part-time study" means enrollment for at least three but less 12 than twelve semester hours per semester, or the equivalent, in an 13 approved undergraduate program. 14 (d) "Full-time study" shall mean enrollment for at least twelve credit 15 hours per semester, or the equivalent, in an approved undergraduate 16 program. 17 (e) "Approved vocational training programs" means in-state programs 18 offered by agencies approved by the commissioner for funding pursuant to 19 this section. The commissioner shall approve only such non-credit 20 programs which are at least three hundred twenty clock hours in length, 21 and which meet standards of instructional quality established in regu- 22 lations by the commissioner. These standards shall include, but not be 23 limited to, qualifications of administrative and instructional person- 24 nel, quality of facilities and equipment, recordkeeping, admission, 25 grading, attendance, and record of placement of completers which meets 26 standards of acceptability as established by the commissioner. 27 3. Eligibility. (a) An applicant shall be eligible for a scholarship 28 award pursuant to this section if, at the time of the initial applica- 29 tion to the corporation, the applicant has applied for and been selected 30 to receive for the first time an education and training voucher pursuant 31 to paragraph i of section 677 of the United States code for the first 32 academic year following enactment of the legislation and: 33 (1) is a legal resident of New York state; 34 (2) is sixteen to twenty-three years of age; 35 (3) has received foster care services pursuant to section three 36 hundred fifty-eight-a of the social services law or article ten of the 37 family court act for a period of nine months or more following the 38 child's sixteenth birthday or has been adopted after the age of sixteen; 39 (4) has received (i) a certificate of graduation from a school provid- 40 ing secondary education from a state within the United States; or (ii) 41 the recognized equivalent of such certificate; or (iii) received a pass- 42 ing score on a federally approved ability to benefit test that has been 43 identified by the board of regents as satisfying the eligibility 44 requirements of this section and has been independently administered and 45 evaluated as defined by the commissioner; and 46 (5) is matriculated in (i) an approved undergraduate program or (ii) 47 an approved in-state vocational training program. Pursuant to paragraph 48 a of subdivision four of section six hundred sixty-one of this part, the 49 institution or vocational training program shall be one that has been 50 approved and operating in this state for at least one year, and has been 51 approved for participation in federal student financial aid programs 52 authorized by Title IV of the Higher Education Act of 1965, as amended. 53 (b) Applications for a scholarship award shall be made on forms and in 54 the manner prescribed by the corporation. 55 4. Amount. (a) The president shall grant annual scholarships in the 56 following amounts:A. 8168 3 1 (1) If the recipient attends an undergraduate program at an institu- 2 tion of the city university of New York or an institution of the state 3 university of New York, the annual award shall be an amount equal to: 4 the tuition charged at the applicable institution of the state universi- 5 ty of New York or the city university of New York provided that, 6 notwithstanding any provision of law to the contrary, the tuition 7 charged to award recipients shall not exceed that charged to state resi- 8 dent students attending such institution; the mandatory fees charged at 9 such institution; and the non-tuition costs of attendance at such insti- 10 tution or college, provided that the scholarship shall not exceed an 11 amount that is equal to the total costs of attendance determined for 12 federal Title IV student financial aid purposes, less all other scholar- 13 ships and grants provided by New York state, other states, the federal 14 government, or other governments excluding loans, and the amount of 15 educational benefits excluding loans paid under any program that would 16 duplicate the purposes of this program, provided that any scholarships 17 or grants provided to a recipient by the institution which are intended 18 to fund any portion of the difference between the annual award amount 19 and the actual costs of attendance at any such institution shall not be 20 considered to duplicate the purposes of this program. 21 (2) If the recipient attends any other approved undergraduate program 22 or vocational training program within New York state, the annual award 23 shall be based upon an amount equal to: the tuition charged to state 24 resident students attending a four-year college of the state university 25 of New York; the average mandatory fees charged at four-year colleges of 26 the state university of New York, or the actual tuition and fees charged 27 to the recipient, whichever is less; and the average non-tuition cost of 28 attendance, as determined by the president and as approved by the direc- 29 tor of the budget, for a student at the state university of New York or 30 the actual non-tuition cost of attendance at such institution incurred 31 by the recipient, whichever is less, provided that the scholarship shall 32 not exceed an amount that is equal to the total cost of attendance 33 determined for federal Title IV student financial aid purposes, less all 34 other scholarships and grants provided by New York state, other states, 35 the federal government, or other governments excluding loans, and the 36 amount of educational benefits excluding loans paid under any program 37 that would duplicate the purposes of this program, provided that any 38 scholarships or grants provided to a recipient by the institution which 39 are intended to fund any portion of the difference between the annual 40 award amount and the actual costs of attendance at any such institution 41 shall not be considered to duplicate the purposes of this program. 42 (b) Nothing contained in this section shall modify or eliminate the 43 obligations of a social services official pursuant to subdivision ten of 44 section three hundred ninety-eight of the social services law who, for a 45 foster child in attendance at a college or university away from his or 46 her foster family boarding home, group home, agency boarding home or 47 institution, makes foster payments to such college or university in lieu 48 of payment to the foster parents or authorized agency, for the purpose 49 of room and board. 50 (c) In no event shall the combination of all student financial aid 51 received by a student exceed a recipient's total cost of attendance at 52 the institution being attended. 53 5. Additional services. If a student qualifying for the foster care 54 higher education scholarship pilot program has matriculated in an under- 55 graduate institution of the state university of New York, the city 56 university of New York, or a non-public institution of higher educationA. 8168 4 1 which operates an education opportunity program pursuant to sections 2 sixty-four hundred fifty-one or sixty-four hundred fifty-two of this 3 chapter, the student should be provided access to the support services 4 provided under this education opportunity program, including remedial 5 courses, developmental and compensatory courses and summer classes, 6 special tutoring, counseling, and guidance services. 7 6. Duration. (a) Each recipient enrolled in an approved undergraduate 8 program shall receive awards for more than eight semesters of full time 9 undergraduate study, or the equivalent of four academic years. 10 (b) No recipient enrolled in an approved vocational training program 11 shall receive awards for more than four semesters of full-time study or 12 the equivalent of two academic years of full-time study. 13 7. Requirements. (a) Each recipient of an award pursuant to this 14 section shall enroll in an approved full-time or part-time degree, 15 diploma or certificate program or course of undergraduate study and 16 retain satisfactory academic standing. 17 (b) Each recipient of a scholarship award pursuant to this section 18 shall be required to complete a new application for each subsequent 19 academic year and must meet the eligibility requirements set forth in 20 subparagraphs one through five of paragraph (a) of subdivision three of 21 this section, provided that no recipient shall receive awards for a 22 period of time exceeding the provisions set forth in subdivision six of 23 this section. 24 (c) Each applicant shall have completed the following at the time of 25 initial application and each application for subsequent academic years: 26 (1) applied for a tuition assistance program award pursuant to section 27 six hundred sixty-seven of this subpart, (2) completed and submitted a 28 federal student aid application pursuant to section 1090 of the United 29 States code, and (3) applied for and been selected to receive an educa- 30 tional and training voucher pursuant to paragraph i of section 677 of 31 the United States code. Pursuant to paragraph (a) of subdivision four of 32 this section, when determining the annual award amount, any grant aid or 33 financial assistance received, excluding loans, shall be utilized to 34 offset the total cost of attendance determined for federal Title IV 35 student financial aid purposes to the maximum extent possible, except 36 that nothing shall require that aid received which may be used towards 37 costs other than tuition shall be applied toward the cost of tuition. 38 8. Reports and the evaluation of the pilot program. Upon the 39 completion of two years of operation and four years of operation, the 40 president shall evaluate and assess the results of the pilot program, 41 including the following: 42 (a) The retention rate of all scholarship recipients enrolled in a 43 four-year undergraduate program upon two years of operation; 44 (b) The retention rate of all scholarship recipients enrolled in a 45 four-year undergraduate program with access to the services offered 46 under an education opportunity program pursuant to sections sixty-four 47 hundred fifty-one and sixty-four hundred fifty-two of this chapter upon 48 two years of operation; 49 (c) The degree completion rate of scholarship recipients enrolled in 50 vocational training programs upon two years of operation; 51 (d) The degree completion rate of scholarship recipients enrolled as 52 full-time students in a two-year undergraduate program upon two years of 53 operation; 54 (e) The degree completion rate of scholarship recipients enrolled as 55 full-time students in a two-year undergraduate program with access to 56 the services offered under an education opportunity program pursuant toA. 8168 5 1 sections sixty-four hundred fifty-one and sixty-four hundred fifty-two 2 of this chapter upon two years of operation; 3 (f) The degree completion rate of scholarship recipients enrolled as 4 full-time students in a four-year undergraduate program upon four years 5 of operation; 6 (g) The degree completion rate of scholarship recipients enrolled as 7 full-time students in a four-year undergraduate program with access to 8 the services offered under an education opportunity program pursuant to 9 sections sixty-four hundred fifty-one and sixty-four hundred fifty-two 10 of this chapter upon four years of operation; 11 (h) The retention rate of scholarship recipients enrolled as part-time 12 students in an undergraduate program upon four years of operation; and 13 (i) The retention rate of scholarship recipients enrolled as part-time 14 students in an undergraduate program with access to the services offered 15 under an education opportunity program pursuant to sections sixty-four 16 hundred fifty-one and sixty-four hundred fifty-two of this chapter upon 17 four years of operation. 18 9. Rules and regulations. The corporation in consultation with the 19 commissioner of the office of children and family services, shall 20 promulgate any rules and regulations necessary for the implementation of 21 the provisions of this section. 22 § 4. This act shall take effect immediately; and shall be applicable 23 for awards made for the academic year which begins on the first of July 24 next succeeding such effective date and shall expire four years later, 25 when upon such date the provisions of this act shall be deemed repealed.