Bill Text: NY A08432 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the criteria for determining tuition assistance program awards; provides for the elimination of the distinction between dependent students and independent students for the purpose of determining tuition assistance program award amounts and eligibility.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-03 - referred to higher education [A08432 Detail]
Download: New_York-2023-A08432-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8432 2023-2024 Regular Sessions IN ASSEMBLY December 29, 2023 ___________ Introduced by M. of A. FAHY -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to the criteria for determining tuition assistance program awards The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 667 of the education law, as added 2 by chapter 83 of the laws of 1995, paragraph a as amended by section 1 3 and subparagraph (iv) of paragraph b as amended by section 3 of part B 4 of chapter 60 of the laws of 2000, clause (A) of subparagraph (i) of 5 paragraph a as amended by section 1 and subparagraphs (i) and (ii) of 6 paragraph b as amended by section 2 of part DD of chapter 56 of the laws 7 2021, subparagraph (iii) of paragraph a as amended by section 3 of part 8 H and paragraph c as relettered by section 2 of part J of chapter 58 of 9 the laws of 2011 and paragraph b as amended by chapter 309 of the laws 10 of 1996, is amended to read as follows: 11 3. Tuition assistance program awards. 12 a. Amount. The president shall make awards to students enrolled in 13 degree-granting institutions or registered not-for-profit business 14 schools qualified for tax exemption under § 501(c)(3) of the internal 15 revenue code for federal income tax purposes in the following amounts: 16 (i) For each year of undergraduate study, assistance shall be provided 17 as computed on the basis of the amount which is the lesser of the 18 following: 19 (A) [(1) In the case of students who have not been granted an exclu-20sion of parental income, who have qualified as an orphan, foster child,21or ward of the court for the purposes of federal student financial aid22programs authorized by Title IV of the Higher Education Act of 1965, as23amended, or had a dependent for income tax purposes during the tax year24next preceding the academic year for which application is made, exceptEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13836-01-3A. 8432 2 1for those students who have been granted exclusion of parental income2who have a spouse but no other dependent:3(a)] Five thousand dollars, except starting in two thousand fourteen- 4 two thousand fifteen such students shall receive five thousand one 5 hundred sixty-five dollars, and except starting in two thousand twenty- 6 one--two thousand twenty-two and thereafter such students shall receive 7 five thousand six hundred sixty-five dollars, provided however that 8 nothing herein shall be construed as increasing any award made pursuant 9 to this section for an academic year prior to two thousand twenty-one-- 10 two thousand twenty-two; or 11 [(b)] (B) For undergraduate students enrolled in a program of study at 12 a non-public degree-granting institution that does not offer a program 13 of study that leads to a baccalaureate degree, or at a registered not- 14 for-profit business school qualified for tax exemption under section 15 501(c)(3) of the internal revenue code for federal income tax purposes 16 that does not offer a program of study that leads to a baccalaureate 17 degree, four thousand dollars, except starting in two thousand twenty- 18 one--two thousand twenty-two and thereafter such students shall receive 19 four thousand five hundred dollars. Provided, however, that this [subi-20tem] clause shall not apply to students enrolled in a program of study 21 leading to a certificate or degree in nursing[.]; or 22 [(2) In the case of students receiving awards pursuant to subparagraph23(iii) of this paragraph and those students who have been granted exclu-24sion of parental income who have a spouse but no other dependent begin-25ning in the two thousand twenty-one--two thousand twenty-two academic26year and thereafter, three thousand five hundred twenty-five dollars,27provided that nothing herein shall be construed as increasing any award28made for any prior academic year; or29(B)] (C) (1) Ninety-five percent of the amount of tuition (exclusive 30 of educational fees) charged and, if applicable, the college fee levied 31 by the state university of New York pursuant to the April first, nine- 32 teen hundred sixty-four financing agreement with the New York state 33 dormitory authority. 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 of educa- 36 tional fees) charged and, if applicable, the college fee levied by the 37 state university of New York pursuant to the April first, nineteen 38 hundred sixty-four financing agreement with the New York state dormitory 39 authority. 40 (ii) [Except for students as noted in subparagraph (iii) of this para-41graph, the] The base amount as determined from subparagraph (i) of this 42 paragraph, shall be reduced in relation to income as follows: 43 Amount of income Schedule of reduction 44 of base amount 45 (A) Less than seven thousand None 46 dollars 47 (B) Seven thousand dollars or Seven per centum of excess 48 more, but less than eleven over seven thousand dollars 49 thousand dollars 50 (C) Eleven thousand dollars or Two hundred eighty dollars 51 more, but less than eighteen plus ten per centum of excess 52 thousand dollars over eleven thousand dollars 53 (D) Eighteen thousand dollars or Nine hundred eighty dollars 54 more, but not more than eighty plus twelve per centum ofA. 8432 3 1 thousand dollars excess over eighteen 2 thousand dollars 3 (iii) [(A) For students who have been granted exclusion of parental4income and were single with no dependent for income tax purposes during5the tax year next preceding the academic year for which application is6made, the base amount, as determined in subparagraph (i) of this para-7graph, shall be reduced in relation to income as follows:8Amount of income Schedule of reduction9of base amount10(1) Less than three thousand None11dollars12(2) Three thousand dollars or Thirty-one per centum of13more, but not more than ten amount in excess of three14thousand dollars thousand dollars15(B) For those students who have been granted exclusion of parental16income who have a spouse but no other dependent, for income tax purposes17during the tax year next preceding the academic year for which applica-18tion is made, the base amount, as determined in subparagraph (i) of this19paragraph, shall be reduced in relation to income as follows:20Amount of income Schedule of reduction21of base amount22(1) Less than seven thousand None23dollars24(2) Seven thousand dollars or Seven per centum of excess25more, but less than eleven over seven thousand dollars26thousand dollars27(3) Eleven thousand dollars or Two hundred eighty dollars28more, but less than eighteen plus ten per centum of excess29thousand dollars over eleven thousand dollars30(4) Eighteen thousand dollars or Nine hundred eighty dollars31more, but not more than forty plus twelve per centum of32thousand dollars excess over eighteen33thousand dollars34(iv)] If the amount of reduction is not a whole dollar, it shall be 35 reduced to the next lowest whole dollar. In the case of any student who 36 has received four or more payments pursuant to any and all awards 37 provided for in this subdivision, for the two thousand--two thousand one 38 academic year the base amount shall be reduced by an additional one 39 hundred fifty dollars for the two thousand one--two thousand two academ- 40 ic year and thereafter the base amount shall be reduced by an additional 41 one hundred dollars. 42 [(v)] (iv) The award shall be the net amount of the base amount deter- 43 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to 44 subparagraph (ii) [or (iii)] of this paragraph but the award shall not 45 be reduced for the two thousand--two thousand one and two thousand one- 46 -two thousand two academic years below two hundred seventy-five dollars 47 if the amount of income is eighty thousand dollars or less and more than 48 seventy thousand dollars, three hundred twenty-five dollars if the 49 amount of income is seventy thousand dollars or less and more than sixtyA. 8432 4 1 thousand dollars and four hundred twenty-five dollars if the amount of 2 income is sixty thousand dollars or less. 3 [(vi)] (v) For the two thousand two--two thousand three academic year 4 and thereafter, the award shall be the net amount of the base amount 5 determined pursuant to subparagraph (i) of this paragraph reduced pursu- 6 ant to subparagraph (ii) [or (iii)] of this paragraph but the award 7 shall not be reduced below five hundred dollars. 8 b. Amount. The president shall make awards to students enrolled in two 9 year programs offered in registered private business schools except for 10 registered not-for-profit business schools qualified for tax exemption 11 under section 501(c)(3) of the internal revenue code for federal income 12 tax purposes in the following amounts: 13 (i) For each year of study, assistance shall be provided as computed 14 on the basis of the amount which is the lesser of the following: 15 (A) [(1)] one thousand three hundred dollars[, or16(2) for students receiving awards pursuant to subparagraph (iii) of17this paragraph, one thousand one hundred forty dollars]; or 18 (B) (1) Ninety-five percent of the amount of tuition (exclusive of 19 educational fees) charged. 20 (2) For the two thousand one--two thousand two academic year and ther- 21 eafter one hundred percent of the amount of tuition (exclusive of educa- 22 tional fees). 23 (ii) [Except for students as noted in subparagraph (iii) of this para-24graph, the] The base amount as determined in subparagraph (i) of this 25 paragraph, shall be reduced in relation to income as follows: 26 Amount of income Schedule of reduction 27 of base amount 28 (A) Less than seven thousand None 29 dollars 30 (B) Seven thousand dollars or Seven per centum of the excess 31 more, but less than eleven over seven thousand dollars 32 thousand dollars 33 (iii) [For students who have been granted exclusion of parental income34and were single with no dependent for income tax purposes during the tax35year next preceding the academic year for which application is made, the36base amount, as determined in subparagraph (i) of this paragraph, shall37be reduced in relation to income as follows:38Amount of income Schedule of reduction of39base amount40(A) Less than three thousand None41dollars42(B) Three thousand dollars or Thirty-one per centum of the ex-43more, but not more than ten cess over three thousand dollars44thousand dollars45(iv)] If the amount of reduction is not a whole dollar, it shall be 46 reduced to the next lowest whole dollar. In the case of any student who 47 has received four or more payments pursuant to any and all awards 48 provided for in this subdivision, for the two thousand--two thousand one 49 academic year the base amount shall be reduced by an additional one 50 hundred fifty dollars for the two thousand one--two thousand two academ-A. 8432 5 1 ic year and thereafter the base amount shall be reduced by an additional 2 one hundred dollars. 3 [(v)] (iv) The award shall be the net amount of the base amount deter- 4 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to 5 subparagraph (ii) [or (iii)] of this paragraph but the award shall not 6 be reduced below one hundred dollars. If the income exceeds the maximum 7 amount of income allowable under subparagraph (ii) [or (iii)] of this 8 paragraph, no award shall be made. 9 c. Restrictions. In no [even shall] event shall any award: 10 (i) be made unless the annual tuition (exclusive of educational fees) 11 and, if applicable, the college fee levied by the state university of 12 New York pursuant to the April first, nineteen hundred sixty-four 13 financing agreement with the New York state dormitory authority charged 14 for the program in which the student is enrolled total at least two 15 hundred dollars; or 16 (ii) exceed the amount by which such annual tuition (exclusive of 17 educational fees) and, if applicable, the college fee levied by the 18 state university of New York pursuant to the April first, nineteen 19 hundred sixty-four financing agreement with the New York state dormitory 20 authority exceed the total of all other state, federal, or other educa- 21 tional aid that is received or receivable by such student during the 22 school year for which such award is applicable and that, in the judgment 23 of the commissioner, would duplicate the purposes of the award; or 24 (iii) be made when income exceeds the maximum income set forth in this 25 subdivision. The commissioner shall list in his regulations all major 26 state and federal financial aid available to New York state students and 27 identify any forms of aid that are duplicative of the purposes of the 28 tuition assistance program. For the purposes of this subdivision, 29 neither United States war orphan educational benefits nor benefits under 30 the veterans' readjustment act of nineteen hundred sixty-six shall be 31 considered as federal or other educational aid. 32 § 2. This act shall take effect on the one hundred eightieth day after 33 it shall have become a law.