S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   567

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. CAHILL, PHEFFER, SCHIMMINGER, N. RIVERA, JACOBS,
  EDDINGTON,  ROBINSON,  ENGLEBRIGHT,   CYMBROWITZ,   CUSICK,   PEOPLES,
  DelMONTE, CAMARA, BOYLAND -- Multi-Sponsored by -- M. of A. BENEDETTO,
  BENJAMIN,  BRADLEY,  BRENNAN,  BRODSKY, COLTON, COOK, DIAZ, ESPAILLAT,
  GREENE, GUNTHER, HIKIND,  JOHN,  LANCMAN,  LAVINE,  LUPARDO,  McENENY,
  MILLMAN, PERRY, POWELL, REILLY, SCARBOROUGH, SEMINERIO, SWEENEY, WEIS-
  ENBERG -- read once and referred to the Committee on Higher Education

AN  ACT  to  amend  the  education law, in relation to creating the "TAP
  reform act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "TAP reform
act".
  S  2.  Subdivision 5 of section 663 of the education law is amended by
adding a new paragraph (c) to read as follows:
  (C) (I) IN THE DETERMINATION OF INCOME  FOR  PURPOSES  OF  SUBDIVISION
THREE OF SECTION SIX HUNDRED SIXTY-SEVEN OF THIS PART, STUDENT FINANCIAL
AID  OFFICERS ARE HEREBY AUTHORIZED, ON THE BASIS OF ADEQUATE DOCUMENTA-
TION, TO MAKE ADJUSTMENTS ON A CASE-BY-CASE BASIS IN THE  AMOUNT  DEEMED
APPLICABLE  INCOME  IN DETERMINING AN APPLICANT'S AWARD FOR THE ACADEMIC
YEAR, TO ALLOW FOR TREATMENT OF AN INDIVIDUAL, ELIGIBLE  APPLICANT  WITH
SPECIAL CIRCUMSTANCES AS DEFINED HEREIN.
  (II)  SPECIAL CIRCUMSTANCES MAY INCLUDE: (A) EXPENSES OF THE FOLLOWING
NATURE INCURRED OR PAID BY ONE OR MORE OF  EITHER  THE  PARENTS  OF  THE
APPLICANT  OR  OTHER  DEPENDENT CHILD OF SUCH PARENTS, THE SPOUSE OF THE
APPLICANT, OR ONE OR MORE DEPENDENT CHILDREN OF THE APPLICANT,  SUCH  AS
BUT  NOT  LIMITED  TO:  TUITION  EXPENSES  AT AN ELEMENTARY OR SECONDARY
SCHOOL, MEDICAL OR DENTAL EXPENSES NOT COVERED BY INSURANCE, AND  UNUSU-
ALLY  HIGH  CHILD CARE COSTS, (B) RECENT UNEMPLOYMENT OF A FAMILY MEMBER
NECESSITATING CONTRIBUTIONS BY ANY OF THE AFORESAID PERSONS TO THE FAMI-
LY MEMBER'S SUPPORT, OR (C) OTHER CHANGES IN THE  FAMILY'S  INCOME,  THE
FAMILY'S  ASSETS,  OR A STUDENT'S STATUS. SPECIAL CIRCUMSTANCES SHALL BE

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00611-01-9

A. 567                              2

CONDITIONS THAT DIFFERENTIATE AN INDIVIDUAL  STUDENT  FROM  A  CLASS  OF
STUDENTS RATHER THAN CONDITIONS THAT EXIST ACROSS A CLASS OF STUDENTS.
  (III) ADEQUATE DOCUMENTATION FOR SUCH ADJUSTMENTS SHALL BE REQUIRED TO
SUBSTANTIATE  SUCH SPECIAL CIRCUMSTANCES OF INDIVIDUAL STUDENTS. NOTHING
IN THIS PARAGRAPH SHALL BE INTERPRETED AS LIMITING THE AUTHORITY OF  THE
STUDENT  FINANCIAL  AID OFFICER IN SUCH CASES TO REQUEST AND USE SUPPLE-
MENTARY INFORMATION ABOUT THE FINANCIAL STATUS OR PERSONAL CIRCUMSTANCES
OF SUCH APPLICANTS IN SELECTING RECIPIENTS AND DETERMINING THE AMOUNT OF
AWARDS UNDER SUBDIVISION THREE OF SECTION  SIX  HUNDRED  SIXTY-SEVEN  OF
THIS  PART.  NO STUDENT OR PARENT SHALL BE CHARGED A FEE FOR COLLECTING,
PROCESSING, OR DELIVERING SUCH SUPPLEMENTARY INFORMATION.
  (IV) A STUDENT FINANCIAL AID OFFICER SHALL BE CONSIDERED TO BE  MAKING
A NECESSARY ADJUSTMENT IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARA-
GRAPH IF:
  (A)  THE  OFFICER  MAKES  ADJUSTMENTS EXCLUDING FROM FAMILY INCOME ANY
PROCEEDS OF A SALE OF FARM OR BUSINESS ASSETS OF A FAMILY IF  SUCH  SALE
RESULTS FROM A VOLUNTARY OR INVOLUNTARY FORECLOSURE, FORFEITURE OR BANK-
RUPTCY OR AN INVOLUNTARY LIQUIDATION, OR
  (B) THE OFFICER MAKES ADJUSTMENTS IN THE AWARD LEVEL OF A STUDENT WITH
A  DISABILITY SO AS TO TAKE INTO CONSIDERATION THE ADDITIONAL COSTS SUCH
STUDENT INCURS AS A RESULT OF SUCH STUDENT'S DISABILITY.
  S 3. Subdivision 1 of section 667 of the education law, as amended  by
chapter 622 of the laws of 2008, is amended to read as follows:
  1.  Recipient  qualifications.  Tuition  assistance program awards are
available for all students who are enrolled in approved programs and who
demonstrate the ability to complete such  courses,  in  accordance  with
standards  established  by  the  commissioner provided, however, that no
award shall be made unless tuition [(exclusive of educational fees)] AND
ANY MANDATORY EDUCATIONAL FEES  and,  if  applicable,  the  college  fee
levied  by the state university of New York pursuant to the April first,
nineteen hundred sixty-four financing agreements with the New York state
dormitory authority charged for the program  in  which  the  student  is
enrolled  total  at  least  two  hundred dollars a year[,]; and provided
further that[,] no award [can] SHALL exceed one hundred percent  of  the
amount of tuition charged.
  S  4. Subclause (c) of clause (A) of subparagraph (i) and subparagraph
(vi) of paragraph a of subdivision 3 of section  667  of  the  education
law,  as  amended  by  section  1 of part B of chapter 60 of the laws of
2000, are amended and clause (A)  of  subparagraph  (i)  is  amended  by
adding two new subclauses (d) and (e) to read as follows:
  (c)  For students first receiving aid in [the] two thousand--two thou-
sand one and  [thereafter]  BEFORE  TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE, five thousand dollars[.]; OR
  (D) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE, FIVE THOUSAND FIVE HUNDRED DOLLARS; OR
  (E) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TWELVE--TWO THOU-
SAND THIRTEEN AND THEREAFTER, SIX THOUSAND DOLLARS.
  (vi)  For  the  two thousand [two] ELEVEN--two thousand [three] TWELVE
academic year and thereafter, the award shall be the net amount  of  the
base  amount  determined  pursuant to subparagraph (i) of this paragraph
reduced pursuant to subparagraph (ii) or (iii) of this paragraph but the
award shall not be reduced below [five] NINE hundred FIFTY dollars;  AND
ONE THOUSAND DOLLARS FOR EACH ACADEMIC YEAR AND THEREAFTER.
  S 5. Clause (B) of subparagraph (i) of paragraph a of subdivision 3 of
section  667  of the education law, as amended by section 1 of part B of
chapter 60 of the laws of 2000, is amended to read as follows:

A. 567                              3

  (B) (1) Ninety-five percent of the amount of  tuition  [(exclusive  of
educational  fees) charged and, if applicable, the college fee levied by
the state university of New York pursuant to the April  first,  nineteen
hundred sixty-four financing agreement with the New York state dormitory
authority] AND ANY MANDATORY EDUCATIONAL FEES.
  (2) For the two thousand one--two thousand two academic year and ther-
eafter,  one  hundred  percent  of  the amount of tuition [(exclusive of
educational fees) charged and, if applicable, the college fee levied  by
the  state  university of New York pursuant to the April first, nineteen
hundred sixty-four financing agreement with the New York state dormitory
authority] AND ANY MANDATORY EDUCATIONAL FEES.
  S 6. Clause (B) of subparagraph (i) of paragraph b of subdivision 3 of
section 667 of the education law, as amended by section 2 of part  B  of
chapter 60 of the laws of 2000, is amended to read as follows:
  (B)  (1)  Ninety-five  percent of the amount of tuition [(exclusive of
educational fees)] AND ANY MANDATORY EDUCATIONAL FEES charged.
  (2) For the two thousand one--two thousand two academic year and ther-
eafter, one hundred percent of the  amount  of  tuition  [(exclusive  of
educational fees)] AND ANY MANDATORY EDUCATIONAL FEES.
  S 7. Clause (B) of subparagraph (i) of paragraph c of subdivision 3 of
section  667  of the education law, as amended by section 4 of part B of
chapter 60 of the laws of 2000, is amended to read as follows:
  (B) (1) Ninety-five percent of the amount of  tuition  [(exclusive  of
education fees)] AND ANY MANDATORY EDUCATIONAL FEES charged.
  (2) For the two thousand one--two thousand two academic year and ther-
eafter,  one  hundred  percent  of  the amount of tuition [(exclusive of
educational fees)] AND ANY MANDATORY EDUCATIONAL FEES.
  S 8. Subparagraphs (i) and (ii) of paragraph d  of  subdivision  3  of
section  667 of the education law, as added by chapter 83 of the laws of
1995, are amended to read as follows:
  (i) be made unless  the  annual  tuition  [(exclusive  of  educational
fees)]  AND  ANY  MANDATORY  EDUCATIONAL  FEES  and,  if applicable, the
college fee levied by the state university of New York pursuant  to  the
April  first,  nineteen  hundred sixty-four financing agreement with the
New York state dormitory authority charged for the program in which  the
student is enrolled total at least two hundred dollars; or
  (ii)  exceed  the  amount  by which such annual tuition [(exclusive of
educational fees)] AND ANY MANDATORY EDUCATIONAL FEES and,  if  applica-
ble, the college fee levied by the state university of New York pursuant
to the April first, nineteen hundred sixty-four financing agreement with
the  New  York  state  dormitory authority exceed the total of all other
state, federal, or other educational aid that is received or  receivable
by  such student during the school year for which such award is applica-
ble and that, in the judgment of the commissioner, would  duplicate  the
purposes of the award; or
  S  9. Section 2 of the education law is amended by adding a new subdi-
vision 25 to read as follows:
  25. MANDATORY EDUCATIONAL FEE. THE TERM  "MANDATORY  EDUCATIONAL  FEE"
INCLUDES ONLY THOSE FEES REQUIRED TO FULFILL THE REQUIREMENTS OF A GRAD-
UATE OR UNDERGRADUATE DEGREE; PROVIDED, HOWEVER, THAT SUCH TERM EXCLUDES
THOSE FEES IMPOSED BY A VOTE OF THE STUDENT BODY.
  S 10. This act shall take effect immediately; provided that the amend-
ments  to  section  663 of the education law made by section two of this
act shall apply to determinations made on or after such effective date.